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HomeMy WebLinkAbout2009 CON G.A. Dominguez - Kimball House MuseumCONTRACT NATIONAL CITY KIMBALL (HOUSE RESTROOM, WHEELCHAIR LIFT ;AND REPAIRS PROJECT SPECIFICATION NO. 09-02 THIS CONTRACT, made and entered into this 5`h May, 2009 by and between the City of National City, California, herein after designated as the "City", G.A. Dominguez, hereinafter designated as the "Contractor". WITNESSETH: 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 KIMBALL HOUSE RESTROOM, WHEELCHAIR LIFT AND REPAIRS PROJECT SPECIFICATION NO. 09-02 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 FiftyFour Thousand, Four Hundred Ninety One Dollars and no/100 654,491.00). 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. 24 CONTRACT (CONTINUED) NATIONAL CITY HOUSE RESTROOM, WHEELCHAIR LIFT, AND REPAIRS PROJECT SPECIFICATION NO. 09-02 4. The Notice Inviting Bids, Instructions To Bidders, Bid Forms, Agreement and Bond Forms, Construction Administration Forms, Completion of the Project Forms, General Requirements and General Conditions, Drawings and Specifications, Addenda, Allowances, and all amendments thereof, are hereby incorporated in and made part of this Contract. 5. The City, the City's representative, the Architect, the Consultants 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. 25 CONTRACT (CONTINUED) NATIONAL CITY KIMBALL HOUSE RF:S'I'ROOM, WHEELCHAIR LIFT AND REPAIRS PROJECT SPECIFICATION NO. 09-02 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, joined 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 he 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. 26 CONTRACT (CONTINUED) NATIONAL CITY KIMBALI. HOUSE RESTROOM, WHEELCHAIR I.IFT AND REPAIRS PROJECT SPECIFICATION NO. 09-02 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. CONTRACT By: CITY: By: Title: Federal ID. No. o1Q - 4331 q sr By: Title: Mayor, City of National City ATTEST: By: Title: ity Clerk, City of National City (Notaries acknowledgement of execution by all PRINCIPALS OF CONTRACTOR shall be attached.) CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of On iftciy.\`'\, ')OO'1 personally appeared before me, Nl CO\ \cIZ e- (Here insert name and title of the officer) 'c)10,.6 , who proved to me on the basis of satisfactory evidence to be the person whose name rs/, s scribed to the within instrument and acknowled ed to me that /she/tI( execut d the same in /her/t} r authorized capacity(i , and hat by er/th signature on the instrument the person , or the entity upon behalf of which the personf() acted, executed the instrurrlent. 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 seal. Signature of Notary Public • (Notary Sea ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages __ Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER O Individual (s) O Corporate Officer (Title) Partner(s) O Attorney -in -Fact O Trustee(s) • Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. Ae/shc/they, is /ere ) or circling thc correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. (f seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. • Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. • indicate title or type of attached document, number of pages and date. Indicate thc capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (r.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 V.nuui CA PA vl? 100/ SOO RTAY,bi :: Not3tyCaSCSCt.m ,, oR49r CERTIFICATE OF LIABILII Y INSUKANUt OP ID MG GADOM-1 L 05/15/09 PROPUCER ♦Amarisave Insurance Services Lic # 0G40536 6939 Sunrise Blvd, #112 Citrus Heights CA 95610 Phone:800-892-6550 Fax:916-676-1800 tNBURED 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 # 0 A Dominguez George Dominguez 533 Old Via Rancho Drive Escondido CA 92029 INSURER A! Navigator's Insurance Co . 42307 INSURER B: Delos Insurance Co. 35408 INSURER C: INSURER D: INSURER E' COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN 18SUED 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 EIY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDRIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REOUCED BY PAID CLAIMS. INSR LTR *MU L, ptuRct TYPE OF RiSURANCE POLICY NUMBER POLICY E1-1-tL TIVE -- DATE (MMIDD/YYYY) PULR:T kAHhA . ION DATE (MM/Oo/YYYY) LIEEITS A X GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY 04-100140301 03/23/09 03/23/10 EACH OCCURRENCE $ 1 , 000, 000 X PREMISES(E7occiu9nce) s50,000 CLAIMS MADE [ XI OCCUR MED EXP (Any one person) s5,000 X 'Owner/Cont )?7Cot . PERSONAL & ADV INJURY 9 1 , 000 , 000 X + PAr Project Ag9re GENERAL AGGREGATE S 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS • COIAP/OP AGG $ 2 , 000 , 000 POLICY n J a I I LOC AUTOMOBILE LIABILITY ANY AUTO AI.I. OWNED AUTOS SCHEDULED AU—DS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Es 9Cddnnt) BODILY INJURY (Pnr perso•I) S gO0ILY INJURY (Per ecddnnt) $ PROPERTY DAMAGE (Pne occident) GARAGE LIABILITY ANY ALITO AUTO ONLY - EA ACCICENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG 3 EXCESS/ UMBRELLA LIABILITY EACH OCCURRENCE 3 OCCUR I CLAIMS MADE AGGREGATE $ DEDUCTIBLE RETENTION $ t 9 S B ANCOMPENSATION D ANY OFFICERNEMBER (Mandatory If yes, SPECIAL EMPLOYERSUABTY PROPRIETOR/PARTNER/EXECUTrV describe PROVISIONS Y/N 05/12/09 05/12/10 `S 1O. LOR LIMITS ER E.L. EACH ACCIDENT $ 1,000,000 D01DKRM2-2006-686 EXCLUDED1 E.L. DISEASE • EA EMPLOYEE - 9 1, 000 , 000 --- In NH) under wow E.L. DISEASE - POLICY UMI7 S 1,000,000 OTHER DB3GRIPTION or OPERATIONS 1 LOCATIONS / VEHICLES / BXCLuSIONB ADDED BY ENDORSEMENT / SPECIAL PROVISIONS *10 Days Notice of Cancellation for Non -Payment of Premium. The City of National City, its Officers, Employees and Agents are includes as Additional Insured with respects to General Liability arising out of work performed by the named insured per endorsement ANF-ES 043 (5/2006) attached. RE: National City Kimball House, 932 A Ave. National City, CA. 92584 CERTIFICATE HOLDER CANCELLATION CITYOFN City of National City 1243 National City Boulevard National City CA 91950 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO 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 REPRESENTAT1V Marc Gilbreath ACORD 25 (2009/01) ©1988-2009 ACOR ' COR ORATItiN. All rights reserved. The ACORD name and logo are registered marks of ACORD 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 endorsernent. 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 (2009101) BLANKET ADDITIONAL INSUREDS - OWNERS, LESSEES OR CONTRACTORS This endo'^^' modifies Insurance provided under the following: COM„v.;- ..AL GENERAL LIABILITY COVERAGE PART SCHEDULE Policy ivurnuer: 04-10080301 Endorsement Effective: 5/18/2009 Named Insured: GEOR; DBA: G A DOMINGUEZ Countersigned By: SCHEDULE Name !1i .10,-san or Organization: THE CITY OF NATIONAL CITY, ITS OFFICERS, EMPLOYEES AND AGENTS 124:: CITY BOULEVARD NAT i c ` ( 1-Y, CA, 91950 Location: 932 A ; Ir' !UE, NATIONAL CITY, CA, 91950 (If nc: c .1r, appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section II —Who Is An Insured is amended to include as an insured the person or organization shown In the Schedule, but only to the extent that the person or organization shown in the Schedule is held liable for your acts or omissions arising out of your ongoing operations performed for that insured. B. With respect to the insurance afforded to these additional insureds, the following exclusion Is added: 2. Exclusions This insurance does not apply to "bodily injury" or "property damage" occurring after: CI) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or (2) That portion of 'your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. The words "you" and "your" refer to the Named Insured shown in the Declarations. D. "Your work" means work or operations performed by you or on your behalf; and materials, parts or equipment fumished in connection with such work or operations, Primary Wording If required by written contract or agreement Such insurance as is afforded by this policy shall be primary insurance, and any insurance or self-insurance maintained by the above additional insured(s) shall be excess of the insurance afforded to the named insured and shall not contribute to it. Waiver of Subrogation if required by written contract or agreement We waive any right of recovery we may have against an entity that is an additional insured per the terms of this endorsement because of payments we make for injury or damage arising out of "your work" done under a contract with that person or organization. ANF- ES 043 (5/2006) V♦t.t t. V VV z, Zt. VV a - •a ACCPRL 4.------ CERTIFICATE OF LIABILfTV tI SIJR• ANCE _:: D Date `" °°`Y'' 6/212009 Producer EMERALD CITY INSURANCE AGY INC PO BOX 515097 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOE DER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. LOS ANGELES, CA 90051 L - INSURERS AFFORDING COVERAGE NAIC # _ iNsuRER American States Insurance Company A 19704 �1 RER .-_ ._ ._ insured ; B •- -- GEORGE A DOMINGUEZ — 533 OLD VIA RANCHO DR ,NSURER ESCONDIDO, CA 92029 C ENSURER D .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 TIiIS 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 L TR DD 4NSD TYPE OF INSURANCE POLICY NUMBER POLICY rrrECTNE Mli ATE P(A.ICY EXPIRATION DO L MMDAAT NY LIMITS GENERAL LIABILITY COMMERCIAL GENERAL UA8 CLAIMS MADE0OCCUR _ EACH OCCURRENCE S DAMAGE TO RENTED PREMISES S MED EXP (Any one person) S PERSONAL & ADV INJURY S GENLRAL AGGREGATE S GEN'L AGG LIMt1 APPLIES PER POLICY f PROJECTE1LOC PRODUCTS - COMP / OP AGG S S A 1 AUTOMORIL F LIABI ITY ANY AUTO ALL OWNED AUTOS -7' y SCHEDULED AUTOS —HIRED AUTOS --. NON -OWNED AUTOS 01C115874810 12/29/2008 - 12/29/2009 CO4 INFO SINGLE L16UT ti' o'cuieno s 1,000,000 BODLY INJURY (Per meson) S BODILY INJURY (Per eminent! S PROPERTY DAMAGE (Per enydent) $ GARAGE HABILETY TIANY AUTO AUTO ONLY - EA ACCIOENT $ OTHER THAN EAACCS AUTO ONLY: AGG $ EXCESS LIABILITY JOCCUR IICIARAS DEDUCTIBLE RETENTION } MADE EACH OCCURRENCE $ AGGREGATE $ S -- S $ WORKERS' COMPENSATION & EMPLOYERS' LIABILITY ANY PROPRI a AfiiMIECUTFYE SPECIfAL PROYLS s 6etow 1Wtc Stamtoty u rnk I lathy: . . Et EACH ACCIDENT EL DISEASE • EAGN EMPLOYEE $ $ EL DISEASE • POLICY EMT $ OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS The City Of National Cityits Officials, Employees, Agents, Representatives, and Authorized Volunteers are Additional Insured per wntten contract, agreement, schedule, or permit . UR-11EICATE110LDER :..:.- , . _ .. -. -GA Et&AT-lON -- -,-, The 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 COMPANY WILL ENDEAVOR TO MALL. _.1.0 ' DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED 10 THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR UABILITY OF ANY KIND UPON THE COMPANY, R5 AGENTS OR REPRE- SENTATIVES. AUTHORIZED R ( f -Mall ` 1� • 4).Y.0 jL r 'Aer24111_8-_E2o61!O8t __ In uraitcolti/tslLtrls'fric > Ai,[7RDc0RPt3RATIEif'i t868: 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 tha certificate holder in lieu or such endorsement(s). If SUBROGATION 1S WAIVED, subject to the terms and conditions of the poicy, 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 riot constitute a contract between the issuing insure,js), authorized representative or producer. and the certificatt holder, nor does it afrennativeIy or negatively amend. extend or alter the coverage afforded by the policies fisted thereon. ACORD 25 (2001108) EXECUTED IN DUPLICATE BOND NO. 4373866 PREMIUM: 1,362.00 PERFORMANCE BOND NATIONAL•KIMBALL HOUSE RESTROOM, WHEELCHAIR LIFT AND REPAIRS PROJECT SPECIFICATION NO. 09-02 •CITY KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City Council of the City of National City, by Resolution No.2009-89, passed the 5TTd day of May, 2009 has awarded to G.A. Dominguez, hereinafter designated as the "Principal", the National City Kimball House Restrootn, Wheelchair Lift, and Repairs 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 SURETEC INSURANCE COMPANY as surety, are held and firmly bound unto the City Council of the City of National City, hereinafter called the "Council", in the penal sum Fifty Four Thousand Four Hundred Ninety One Dollars and. No/100 ($54.491.00) 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 the above bounden Principal. his/her or its heirs, executors, administrators, successors or assigns, shall in all things stand to aid abide by, andwell 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 he 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. 111 NATIONAL CITY KIMBALL HOUSE RESTROOM, WHEELCHAIR LIFT AND REPAIRS PROJECT SPECIFICATION NO. 09-02 In the event suit is brought upon this bond by the City of National. City and judgment is recovered, the surety shall pay all costs incurred by the Council in such suit, including a reasonable attorney's fee to be fixed by the Court. IN WITNESS WHEREOF three identical counterparts of this iustrument, 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 15TH day of MAY , 200 9 SURETEC INSURANCE COMPANY (SEAL) G.A DOMINGU BROOKE LAFRENZ, A APPROVED AS TO FORM: (SEAL) -FACT George F( Eiser, III City Attorney (SEAL) (SEAL) CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California On Th \(l,ADLI personally appeared before me, kCD\ 11 P7r V)0 abll, (Here insert name and title of the officer) who proved to me on the basis of satisfactory evidence to be the person( whose name is/tsubscribed to the within instrument and acknowledged to me that/she/th5/executed the same in s/herr authorized capacity(i and that by,kr/her/iiieir signature'on the instrument the person or the entity upon behalf of which the personacted, 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 seal. Signature of Notary Public (Notary • r ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact • Trustee(s) ❑ Other Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is 10 be recorded outside of California In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary 10 do something that is illegal for a notary in California (i.e. certing the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print thc name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/tlteyr is /ere ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, rc-seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match thc signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 200/ Vct,nm CA PA vl2 I0 07 SL0•R72-900/ •. o.+ Not;,ryCrscs con, ACKNOWLEDGEMENT ATTACHED AS PRESCRIBED BY CA CIVIL CODE SS1188-1190 PERFORMANCE BOND (CONTINUED) NATIONAL CITY KIMBALL HOUSE RESTROOM, WHEELCHAIR LIFT AND REPAIRS PROJECT SPECIFICATION NO. 09-02 ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF ) ss COUNTY OF 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 32 CALIFORNIA ALL—PURPOSE ACKNOWLEDGMENT State of California County of San Diego On 15 May 2009 before me, Gladys D. Rogers, Notary Public personally appeared Brooke Lafrenz who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her 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. WITNESS my han Signature Place Notary Seal Above OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying an 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 Pagcs: Signer(s) Other 'than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: C] Individual Cl Corporate Officer - Title(s): ❑ Partner - U Limited ❑ General I Attorney in Fact U "Trustee U Guardian or Conservator ❑ Other: Signer Is Representing: Surety Company POA #: 510034 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Larry D. Cogdill, Michael W. Thomas, Brooke Lafrenz, Jeanette Seidl, Colette Chisholm its true and lawful Attorney -in -fact, with full power and authority hereby conferred in its name, place and stead. to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed Five Million Dollars and no/100 (S5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorneys) -in -Fact may do in the premises. Said appointment shall continue in force until 10/31/11 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20`r' of April. 1999.) In Witness Whereof SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 28th day of October, A.D. 2008. By: • State of Texas ss: '1�' ��..2 County of Harris .� SURETEC INST3'CtANCE COMPANY On this 28h day of October, 2008 before me personally came B.J. King, to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that be is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. Michelle Denny Noway Pubki State ofTexas ea>r.sA+oiwwtV.aot2 tmaiatt inn Michelle Denny, Notary Public My commission expires August 27, 2012 I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this 5th day of May , 20 09 , A.D. M. Brent : aty, Assis nt Secretary Any Instrument Issued In excess of the penalty stated above is totally vold and without any validity. For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST. EXECUTED IN DUPLICATE BOND NO. 4373866 PREMIUM INCLUDED IN THE PERFORMANCE BOND PAYMENT BOND NATIONAL CITY KIMBALL HOUSE RESTROOM, WHEELCHAIR LIFT AND REPAIRS.PROJECT SPECIFICATION NO. 09-02 KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City Council of the City of National City, by Resolution No: 2009.-89, passed the 5`h day of May,. 2009 has awarded to G.A. Dominguez hereinafter designated as the "Principal", the National City Kimball House Restroom, Wheelchair Lift, and Repairs 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 SURETEC INSURANCE COMPANY aS surety, are held and firmly bound unto the City Council of the City of National City, hereinafter called the "Council",in the penal sum of Fifty Four Thousand, Four .Hundred Ninety One Dollars and No/100 (54,491.00). 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 ariounts due under the Unemployment Insurance Code. with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the Contractor and his subcontractors pursuant to Section 18806 of the Revenue and Taxation Code, with respect to such work and labor the Surety will pay for the same in an amount not exceeding the sum hereinafter specified, and also, in case suit is brought upon this bond, a reasonable attorney's fee, to be fixed by the Court. This Bond shall .inure to the benefit of any of the persons named in Section 3181 of the California Civil Code, so as to give a right of action to such persons or their assigns in any suit brought upon this bond. PAYMENT BOND (CONTINUED) NATIONAL CITY KIM.BALL HOUSE RESTROOM, WHEELCHAIR LIFT AND REPAIRS PROJECT SPECIFICATION NO. 09-02 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 liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner of Public Entity and original contractor or on the part of any obliges named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 3110 or 3112 of the California Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change. extension of time, addition, alteration or modification herein mentioned. IN WITNESS 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 15TH day of MAY , 200 s . SURETEC INSURANCE COMPANY BY: 6/_„.6/5-1-A L BROOKE LAFRENZ ATTORNEY -IN -FACT Surety APPROVED AS TO FORM: /S/ (SEAL) (SEAL) (SEAL) George H. Eiser, III City Attomey Principal (SEAL) (SEAL) (SEAL) 34 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California • County ofExxr\ On Ic13-0O01 before me, \J1L0 hp2 -- — (Hete insert. name rrid title of the officer) r A'c\f\vc-\ personally appeared who proved to me on the basis of satisfactory evidence to be h person whose name ($) is/a bscribed to the within in trument and acknowledged to me that/she/t y execut d the same in x /her/t it authorized capacity(i , and that by,s/her/thp f'signatureon the instrument the person(r), 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. WITNESS my hand and official seal. Signature of Notary Public ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date __. _ (Additional information) CAPACITY CLAIMED BY TIIE SIGNER LI Individual (s) O Corporate Officer (Title) C] Partner(s) L l Attomey-in-Fact O Trustee(s) C] Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly os appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances. any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary 10 do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print thc name(s) of document signer(s) who personally appear at thc time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i e. he/sheithey;- is /ere ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgrent form Signature of the notary public must match thc signature on file with the office of the county cluck. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date Indicate the capacity claimed by the signer. If She claimed capacity is a corporate officer, indicate the title (re. CEO, CFO, Secretary) Securely attach this document to the signed document 1'001 Vcnwn (;APA v1? 10 07 800.5'i7 i.91;6i NoC yClasscs cnni CALIFORNIA ALL—PURPOSE ACKNOWLEDGMENT State of California County of San Diego On 15 May 2009 before me, Gladys D. Rogers, Notary Public personally appeared Brooke Lafrcnz Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her 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 toregoing paragraph is true and correct. WITNESS my hand a Signature OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying an 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(ies) Claimed by Signer(s) Signer's Name: O Individual ❑ Corporate Officer - Title(s): U Partner - U Limited U General CI Attorney in Fact U Trustee l:] Guardian or Conservator ❑ Other: Signer Is Representing: Surety Company pOA 1;: 510034 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Larry D. Cogdill, Michael W. Thomas, Brooke Lafrenz, Jeanette Seidl, Colette Chisholm its true and lawful Attorney -in -fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed Five Million Dollars and no/100 ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirniing all that the said Attorney(s)-in-Fact may do in the premises. Said appointment shall continue in force until 10/31/11 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -In -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contacts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instrments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20" of April, 1999.) In Witness Whereof SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 28th day of October, A.D. 2008. State of Texas County of Harris ss: SURETEC INSURANCE COMPANY By: J rl On this 28h day of October, 2008 before me personally came B.J. King, to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that be is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. Michelle Denny Nosy P State ofTexas ter.. host V.2012 MA 0404I:v Michelle Denny, Notary Pdbtic My commission expires August 27, 2012 I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this 15th day of May , 20 09 , A.D. M, Brent : aty, Assis nt Secretary Any Instrument Issued In excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST. RESOLUTION NO. 2009 — 89 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO G.A. DOMINQUEZ IN THE AMOUNT OF $54,491 TO PROVIDE ADA COMPLIANCE IMPROVEMENTS FOR THE NATIONAL CITY KIMBALL HOUSE RESTROOM, WHEELCHAIR LIFT, AND REPAIR PROJECT WHEREAS, the Engineering Department, in open session on March 24, 2009, did publicly open, examine, and declare 8 sealed bids for ADA compliance improvements for the National City Kimball House Restroom, Wheelchair Lift, and Repair Project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for ADA compliance improvements for the National City Kimball House Restroom, Wheelchair Lift, and Repair Project to the lowest responsive, responsible bidder, to wit: G.A. DOMINQUEZ 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 $54,491 with G.A. Dominguez for ADA compliance improvements for the National City Kimball House Restroom, Wheelchair Lift, and Repair Project. Said contract is on file in the office of the City Clerk. PASSED and ADOPTED this 5th day of May, 20 on Morrison, Mayor ATTEST: Mic ael R. Dalla, duty Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Passed and adopted by the Council of the City of National City, California, on May 5, 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 City erk of the City of/National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2009-89 of the City of National City, California, passed and adopted by the Council of said City on May 5, 2009. City Clerk of the City of National City, California By: Deputy City of National City, California COUNCIL AGENDA STATEMENT *g.. MEETING DATE May 5, 2009 AGENDA ITEM NO. 7 ITEM TITLE A Resolution of the City Council of the City of National City awarding a Contract to G. A. Dominguez in the amount of $54,491 to provide improvements to the National City Kimball House Museum, which would make this historical building ADA compliant. (Funded through Tax Increment Funds) PREPARED BY Adam Landa DEPARTMENT Engineering EXT. 4394 EXPLANATION Please see attached page with explanation. i Environmental Review X N/A MIS Approval 7 Financial Statement Approved By: F nance Direc or The total estimated amount for the work is $54, 491. Funding is available through Account 511-409-500- 598-3005 (Tax increment Funds). Account No. STAFF RECOMMENDATION Adopt the Resolron. N BOARD / COMMI OR C MM N/A 2 DATION ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. Bid Information 3. Spread sheet for three low bidder 4. Biography A-200 (Rev. 7/03) City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Dalla, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 June 9, 2009 Mr. George Dominguez G.A. Dominguez 537 W. Grand Avenue Escondido, CA 92025 Dear Mr. Dominguez, On May 5th, 2009, Resolution No. 2009-89 was passed and adopted by the City Council of the City of National City, awarding a contract to G.A. Dominguez. 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 Department ® Rec..led Paper