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HomeMy WebLinkAbout2009 CON CGP Maintenance & Construction - Repairs Nutrition CenterCONTRACT NATIONAL CITY SENIOR NUTRITION CENTER REPAIR PROJECT SPECIFICATION NO. 09-06 THIS CONTRACT, made and entered into this 1" day of September, 2009 by and between the City of National City, California, herein after designated as the "City", and CGP Maintenance & Construction Services, Inc., 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: N:\' IONA', CITY SENIOR NUTRITION CENTER REPAIR PROJECT SPECIFICATION NO. 09-06 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 Fifty -Eight Thousand One Hundred Thirty -Five Dollars and Sixty Cents ($58,135.60). 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. 25 CONTRACT (CONTINUED) \A'IIONAI. CITY SENIOR NUTRITION CENTER REPAIR PROJECT SPECIFICATION NO. 09-06 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. 26 CONTRACT (CONTINUED) NATIONAL CITY SENIOR NUTRITION CENTER REPAIR PROJECT SPECIFICATION NO. 09-06 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 (CONTINUED) NATIONAL CITY SENIOR NUTRITION CENTER REPAIR PROJECT SPECIFICATION NO. 09-06 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: By: Title: CITY: By: j-1 0-‘, YC.e J4 fx5e, `U Title:1),92 51 n�J4 Federal ID. No. (16— &% By: Title: 7Mayor, City of National City ATTEST: of ational City City (Notaries acknowledgement of execution by all PRINCIPAb) NTRACTOR shall be attached.) 28 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Calif. is County of } On } 1-4 (:� ' before me, - � Cc a,.v-eo, 1)0%i eAL,Qt f219Date] [Name of Notary Public and Title "Notary Public"] personally appeared, Tirr-- P o6v)' or) [Name(s) of signer(s)] personally known to me (or proved to me on the basis of satisfactory evidence) to be the personf whose name(8) is/are subscribed to the within instrument and acknowledged to me that he/shelhey executed the same in his/heetheirauthorized capacity(j,esj', and that by his/herltileir signature1.s on the instrument the person(4 or the entity upon behalf of which the person(s3 acted, executed the instrument. WITNESS my hand and official seal. c-i.3/V.}'Al'ei.) Signature of Notary Public 1 NIKKI CARAVEO 1 O OMM. #1778346 NOTARY PUBUC-CALIFORNIA s DIEGO COUNTY • (seal) *************************OPTIONAL INFORMATION************************* THE INFORMATION PROVIDED BELOW IS NOT REQUIRED BY LAW CHARACTER OR TITLE OF DOCUMENT NUMBER OF PAGES DOCUMENT DATE SIGNER(S) OF THE DOCUMENT OTHER THAN THOSE NAMED ABOVE: CONTRACT (CONTINUED) NATIONAL CITY SENIOR NUTRITION CENTER REPAIR PROJI CI' SPECIFICATION NO. 09-06 CORPORATE CERTIFICATE I> — )111I\; Cara veo certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that ,n., P ok'- .--, , who signed said contract on behalf of the Contractor, was then Free-i A p�4- 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, --'; V- Jig; Cor'ati-ep certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that -Sinn I'6/160fr-) , who signed said contract on behalf of the Contractor, was then Vice P�tSic,eri3 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 'remiuni will be adjup►rd Bond Nc 29939P PAYMENT BOND NATIONAL C111' SENIOR NUTRITION CENTER REPAIR PROJECT ised fnai contract price Premiun :luded in performance bond SPECIFICATION NO. 09-06 KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City Council of the City of National City, by Resolution No. 2009-214 GP Maintenance passed the September 1, 2009 has awarded to construction, Inc. ., hereinafter designated as the "Principal", the National City Senior Nutrition Center Repair 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 Fifty eight thousand one hundred thirty five & 60/100ths lawful stoney 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 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. 34 PAYMENT BOND (CONTINUED) NATIONAL (TIT SENIOR NI1TRI'I'1ON CENTER REPAIR PROJi?CI' SPECIFICATION NO. 09-06 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 terns 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 9th day of September , CGP Maintenance & Constructio ., Inc Developers Surety and it _ Company (SEAL) (SEAL)p CyndBe man, Attorney -in -Fact (SEAL) Surety APPROVED AS TO FORM: ief George H Eiser, III City Attorney �ltn 1 `✓1l/>SD1. Q'et-a cPni- Principal (SEAL) (SEAL) (SEAL) 7[ PAYMENT BOND (CONTINUED) NATIONAL CITY SENIOR NUTRITION CENTER REPAIR PROJECT SPECIFICATION NO. 09-06 * SEE ATTACHED ACKNOWLEDGEMENT * A'1TORNEY-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 he 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 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: * SEE ATTACHED ACKNOWLEDGEMENT APPROVED AS TO FORM: By: George II. Eiscr, III City Attorney * 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: ***Sioux Munyon, Anne Wright, Laura Ehrlich, Cyndi Bei!man, 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 Attomey(s)-in-Fad 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 Attorney 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 attomey(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 Attorney 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 IsL 2008. By Stephen T. Pate, Senior Vice President Charles L. Day, Assistant Secretary State of California County of Orange On January 1st, 2008 Date personally appeared before me, �.� CHRISTOPHER J. ROACH COMM. # 1745939 NOTARY PUBUC CAUFORNIA ORANGE COUNTY N �f My t Place Notary Seal Above jag OCT. ..' ;w, 10 I.,; :opt, 1936 ;dam: ..L'. x ,.,s a: ChristopherJ. Roach Notary Public Here Insert Name and Title of the Officer 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) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his'hedtheir authorized capacity(ies), and that by his/herltheir signature(s) on the instrument the person(s), or pie 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 prat the foregoing paragraph is true and correct. WITNESS my hand and seal. Signature Ch 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 sel forth in the Power of Attorney. are in force as of the date of this Certificate This Certificate is executed in the City cf Irvine, California, the 9 th day of Albert Hillebrand. Assistant ecretary ID-13801,Weq(Rev.07107) September, 2009 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of San Diego On September 9, 2009 Date before me, personally appeared Cyndi Beilman } Pam Davis, Notary Public Here Insert Name and Title of the Officer Name(s) of Signer(s) PAM DAVIS Commission # 1818711 Z t._ ..y Notary Public -California z San Diego Count My Comm. Expires Oct 20, 2012 Place Notary Seal Above 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 hartd-aryd official seal. l Signature (1.., Signs ure of Notary u lic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: E Individual E Corporate Officer—Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator El Other: ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner ❑ Limited El General ❑ Attorney in Fact El Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer Is Representing: $ctlrclCi. .`CG` i' `e4: V C:�k3 RIGHTTHUMBPRINT OF SIGNER Top of thumb here Premium will be adjusted band es Ana; coattail price Bond Nr "29939P Premiw 2,180.00 PERFORMANCE BOND NATIONAI. CITY SENIOR NUTRITION CENTER REPAIR PROJECT spF(tI IcATION NO. 09-06 KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City Council of the City of National City, by Resolution No. 2009-214 , passel the SeptemhPr 1. 2009 has awarded to CGP Maintenance & construction, Inc. hereinafter designated as the "Principal" the NATIONAL CHI' SENIOR NUTRITION CENTER REPAIR PROJECT. WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract, NOW, TIIEREFORE, 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 Fifty eight thousand one hundred thirty five $60/100ths dollars ($58,135.60) 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 he kept and performed at the time and in the amount therein specified, and in all respects according to their tnte 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, dice this obligation shall become null and void; otherwise it shall he and retrain in full force and virtue. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed there under or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or additions to the terns of the contract or to the work or to the specifications., 11 PERFORh1ANCE BOND (CONTINUED) NATIONAL. CITY SENIOR NUTRITION CENTER REPAIR PROJECT SPECIFICATION NO. 09-06 In the event suit is brought upon this bond by the City of National City and judgment is recovered, the surely 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 WlII REOF three identical counterparts of this instalment, each of which shall for all purposet lie deemed an original thereof. have been duly executed by the Principal and Surety above named, on the 9th day of September , 200 9 . Developers Surety and Indemnity SCQmpany (SEAL) Constructic)D, Inc. (SEAL) C_.-r ' .. (SEAL.) -(SEAL) Cy d Beilman, Attorney -in -Fact (SEAI.) im (2 Jjfl on, Pe, p,,4- (SEAL) Surety APPROVED AS TO FORM: George H. Eiser, III City Attorney CGP Maintenance & Principal PERFORMANCE BOND (CONTINUED) NA'CIONAI. CITY SENIOR NUTRITION CENTER REPAIR PROJECT SPECIFICATION NO. 09-06 * SEE ATTACHED ACKNOWLEDGEMENT ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF ) ) ss COUNTY OF On this day of , 200_, before utc, 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 -Net. 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: * SEE ATTACHED ACKNOWLEDGEMENT * APPROVED AS TO FORM: By: George H. Eiser, Ill City Attorney * 91 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, Mat as except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint: ***Sioux Munyon, Anne Wright, Laura Ehrlich, Cyndi Beilman, 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 Attomey(s)-in-Facl 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 contract 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 Attorney 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. gy c Stephen T. Pate, Senior Vice President L+- By ChdAesAssistant Secretary State of California County of Orange On Jaruary 1st, 2008 Date personally appeared before me si^4.,� C tiJST PHER J. ROACN °. c COMM. fr 1745939 `t NOTARY PUBLIC CALIFORNIA o Ill ORANGE COUNTY 1,3 My comm. expires May 19, 2011 Place Notary Seal Above Christopher J. Roach, Notary Public Here Insert Name and Title of the Officer 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) islare subscribed to the within instrument and acknowledged to me that helshe/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 official seal. Signature ChrtatdigtferJ.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 respec5ve 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 9 thday cf Albert Hillebrand. Assistant ecretary ID-1380(Wet)(Rev.07/07) September, 2009 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of San Diego On September 9. 2009 Date before me, personally appeared Cyndi Beilman } Pam Davis, Notary Public Here Insert Name and Title of the Officer Name(s) of Signer(s) PAM DAVIS Commission # 1818711 j Notary Public - California n San Diego County My Comm. Expires Oct 20, 2012 r Place Notary Seal Above 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 .artd�official sea(. Signature OPTIONAL Signa ure of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer Title(s): 0 Corporate Officer—Title(s): 0 Partner — 0 Limited ❑ General ❑ Partner— 0 Limited ❑ General ❑ Attorney in Fact 0 Attorney in Fact ❑ Trustee 0 Trustee ❑ Guardian or Conservator 0 Guardian or Conservator 0 Other: 0 Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here 09/24/2009 15:39 18582927231 GGP PAGE 02/03 CERTIFICATE OF LIABILITY aTY 1 i # C.E DATE IMw>7avYTY) ITIK24/2009 rM. 'PROGUMER PhAIA: 160.A52,3HM10 FA%: 7an.A1a:IM1 ,NENCHMARK COMMERCIAL INS, SERVICES, INC. 617 SAXONY PLACE, SUITE #101 ENCINITAS GA 92024 Agency Lot 0C30$S7 TINS CERTIFICATE IS ISSUED AS A RATTER M FORYMT1CN ONLY AND CONFERS P40 RtOI4T5 UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE )Y THE POLICIES BELOW, INSURERS AFFORDING COVERAGE . NAIC # INSUREDINSURER COP MAINTENANCE & CONSTRUCTION SERVICES, INC.. 7270 ENI INEEk ROAD SUITE C & D SAN DIEGO CA 92111 k Mt. Hawley InsuranDrr Company INSURER B: Calfffmia Capital Insurance Company INSURER C: Maryland Casualty INSURER D: INSURER E COVERAGES -1.4 POLICIES OF INSURANCE LISTED EIEL/1W HAve gF. N IS$(1E0 TO THE INSURED NAMED ABOVE TOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REMREUE"IT. TP,RM OR cono oN OF ANY CONTRACT OR OTHER DOCUMENT Rl;H RESPECT rO RTIFIC TE WY BE ISSUED OR MAY Pe%HAIN. THE INSURANCE AFTORDCD BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, pICLU5ION$ AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1MiR LTR Nan InsRt TYPE OP INSURANCE POLICY NUMBER POLICI EF'REGT7NE PATE Ilwimm1 POLICY EA►RATION `gykLMraoorrn LIMITS 1AOU,OONI A GENERAL UABILITY COMUF,RC,L L (aENERAl LUCBITY IC=AVM3 MIDEEI OCCUR M(LD158721 05107109 - 05107110 .. EACH 0OCURRENCE X DAMAGETD RENTED MENSES Ia Den moo $ so.000 NED' Ell. (My one *Man) S S,000 PERSONAL 3 ADV INJURY S 1,000,080 GENERAL AGGREGATE S 2,000,000 GErTL AGGREGATE LIMIT APPLIESI�S PER FRODUCTSCOMP/OP AGG. 5 2,000,000 -ri( POLICY � eIP('T I $ AUTOMOBILE X LIAaILI Y ANY AUTO ALL OWNED AUTOS CCIEULCDAt7T65 HIRED AUTOS NON -OWNED AVMs 613AP11421057 06101109 06101/10 . . COMBINED SINGLE LINrr Cie mc lenn 8 . 1,000.000 BOOBY INJURY (Perva,Ieni _ X F70ORY INJURY (P"x "e) X PROPERTYDAMN©S (Per=Mert.) 4 GARAGE UABALITY AUTO ONLY. EA ACCIDENT I. ANY AUTO OTHER THAN Eh ACC $ AUTO ONLY- AGE.S EXCESS 1 UMBIFIIA LIABILITY ., , ► EACH OCCURRENCE 5 J6CCUR 7 CLAIMS MADE DEDUCTIBLE. RETENTION 8 AGGREGATE 1 C WOiNNERs COMPENSATION AND EMPLOYERS' LIABILITY Arry PRorRIETONPANTREILEI,ECIRve arrirnanpvnea e�w®v NSr'ECYIL PRiM'MILS,NR„ WC03344704 00 12131108 1....+ _ 12131/09 ,TDIIYTLWRA I 1' 14" E.I_ EACH ACCIDENT S 1,000,000 F.L. DISEASE. -EA EMPLOYEE 1 1,000,000 EL. DISEASE -POLICY LIMIT S 1,000,000 OTHER: DESCRIPTION . ` EXCEPT CERTIFICATE PRQ,IECT: OF OPERATIONSlL0CATIONSIVHII LES/EXCLUSIONS IN THE EVENT OF NON-PAYMENT OF PREMIUM, 10 HOLDER IS NAMED AS ADDITIONAL INSURED AS NATIONAL CITY SENIOR NUTRFIIONAL CYNTER REPAIR, ADDED BY DAYS DNOC WILL ENDORSEMENT! SPECIAL PROVISIONS SE GIVEN. MAY APPEAR Pt;R WRITTEN CONTRACT_ NATIONAL CITY, CA THEIR INTEREST 1415 b STREET, CERTIFICATE HOLDER CITY OF NATIONAL CRY, INC. 1243 NATIONAL, CITY BLVD. NATIONAL CITY, CA 91950 IAttention: ACORD 25 (2001108) Celt/mate # 29191 $N0 JU" ANY OP THE ABOVE DESCRIBED P'OUCtEs BE CANCELLED BEFORE THE BXP?RATIO$ CATE THEREOF, THE ISCUING BOWER WILL ENDEAVOR TO MAtI. 30' DAV WRrrTEN NOTICE TO TW CEP.TIFICATE HOLDER NAMED TO THE LEFT, SLITFAN.URE TO DO SO SHALL IMP.OK NO OBLIGATION OR L,ABI,JTY OF ANY NIA UPON THE INSURER. IT'S AGENTS OR REPRESENTATIVES, AUTHDR(ZED REvReSENTATNE 6T ACORD CORPORATION 198E 09/24/2009 15:3S 1E592927231 CCP PAGE 03/03 Policy rdi; bar: MGL0158721 Mt, l-lowfey lnsurence Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS (FORM C) Tlti€ erfaDTS2MEre moditieS lncuran_e Pepvieoill :;r:derthe following: COMMERCIAL GENERAL LtARILITY COVERAGE PART (If no entry appears below, Information requ+red to compie',a this endorsement will be shown in the 1Deciaratiorls as appli- cable to this endorsement) WHO IS AN INSURED (Section II) is amended to include as an insured the parson or organization shown in the Sched- ule, but only with respect to b i tV arising out of "your work" For tt>at insured by or for you, To the extent rewired under contract, this policy will apply as primary insurance to addllional insureds 'heduled below and other insurance whiph may be available to such edditinnel insureds will be non-contributory. Section IV., Condition 4_, of this policy is amended accordingly. SCHEDULE Nor-? of Person or Organization: All persons or organizations where reaLirF+C by wr lien oontrr)ct. ALL OTHF_R TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. GGl..1 IG (G4.19B) Hare ' of 1 ACORD CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD!YYYY) 09/24/2009 PRODUCER Phone: 760-632-4840 Fax: 760-832-4841 BENCHMARK COMMERCIAL INS. SERVICES, INC. 617 SAXONY PLACE, SUITE #101 ENCINITAS CA 92024 Agency Lie#: OC30557 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 CGP MAINTENANCE & CONSTRUCTION SERVICES, INC.. 7270 ENGINEER ROAD SUITE C & D SAN DIEGO CA 92111 INSURER A Mt. Hawley Insurance Company INSURER B: California Capital Insurance Company INSURER C: Maryland Casualty INSURER D: INSURER Er 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. R LTR LT AOD'L INSRC TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MMIDOIYY) POLICY EXPIRATION DATE (MM/DDCYY) LIMITS A GENERAL LIABILITY TV COMMERCIAL GENERAL LIABILITY MGL0158721 05/07/09 05/07/10 EACH OCCURRENCE $ 1,000,000 X TO RENTED ecu PREMISES (Ea orenee) $ St),l)00 CLAIMS MADE X OCCUR MED. EXP (Any one person) $ 5,000 PERSONAL &ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GENL AGGREGATE LIMIT APPLIIEESS PER: PRODUCTS-COMPIOPAGG. $ 2,000,000 71( POLICY n PRO- IIECT I I LOC $ B AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS 6BAP11421057 06/01/09 06/01/10 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 X BODILY INJURY (Per person) $ X BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS) UMBRELLA LIABILITY OCCUR n CLAIMS MADE DEDUCTIBLE RETENTION 5 EACH OCCURRENCE $ AGGREGATE $ $ $ G WORKERS COMPENSATION AND EMPLOYERS. LIABILITY ANYPROPRIETOR/PARTNERIEXECUTIVE oFFICERIMEMBER EXCLUDEDT apes, dePRbe under below SPECIAL PROVISIONS WC03344704 00 12/31/08 12/31/09 WC TORYTLIMTS OTHER G.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE -EA EMPLOYEE $ 1,000,000 E.L. DISEASE -POLICY LIMIT $ 1,000 000 r OTHER: DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS * EXCEPT IN THE EVENT OF NON-PAYMENT OF PREMIUM, 10 DAYS DNOC WILL BE GIVEN. CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED AS THEIR INTEREST MAY APPEAR PER WRITTEN CONTRACT. PROJECT: NATIONAL CITY SENIOR NUTRITIONAL CENTER REPAIR, 1415 D STREET, NATIONAL CITY, CA CANCELLATION CITY OF NATIONAL CITY, INC. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30' DAYS 1243 NATIONAL CITY BLVD. WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO NATIONAL CITY, CA 91950 DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Attention:XL2:t1t s e ACORD 25 (2001/08) Certificate # 29191 ©ACORD CORPORATION 1988 Policy Number: MGL0158721 Mt. naWIE�v '.nsurailed Comoan! THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CA.R.EFIJLLY, ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM C) Thls endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART (If no entry appears below, information required to complete this endorsement will be shown in the Declarations as appli- cable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in to Sched- ule, but only with respect to liability arising out of "your work" for that insured by or for you. To the extent required under contract, this policy will apply as primary insurance to additional insureds scheduled below and other insurance which may be available to such additional insureds will be non-contributory. Section IV., Condition 4., of this policy is amended accordingly. SCHEDULE Name of Person or Organization: NI persons or organizations where required by written contract, ALL OTHER TERMS AND CONDITIONS CF THIS POLICY REMAIN UNCHANGED. ace'1of1 RESOLUTION NO. 2009 — 214 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING THE CONTRACT TO CGP MAINTENANCE & CONSTRUCTION, INC. IN THE AMOUNT OF $58,135.60 (SPEC.NO. 09-06) FOR THE REPLACEMENT OF THE WALK-IN FREEZER, FLOORING REPAIR, FIRE SUPPRESSIVE SYSTEM, AND OTHER ANCILLARY REPAIRS AT THE NATIONAL CITY SENIOR NUTRITION CENTER AND AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT WHEREAS, the City Engineer of the City of National City did, in open session on July 16, 2009, publicly open, examine and declare all sealed bids for Spec.No. 09-06 for replacement of the walk-in freezer, flooring repair, fire suppressive system and other ancillary repairs to the National City Senior Nutrition Center. NOW, THEREFORE, IT IS HEREBY RESOLVED, that the City Council of the City of National City hereby awards the contract for the replacement of the walk-in freezer, flooring repair, fire suppressive system, and other ancillary repairs at the National City Senior Nutrition Center to the lowest responsive bidder, to wit: CGP Maintenance & Construction, Inc. BE IT FURTHER RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute on behalf of the City a contract between CGP Maintenance & Construction, Inc. and the City of National City for the replacement of the walk-in freezer, flooring repair, fire suppressive system, and other ancillary repairs at the National City Senior Nutrition Center, in the amount of $58,135.60. PASSED and ADOPTED this 1st day of September, 2009. ATTEST: ti Mi hael R. Dalla,4)° ity Clerk APPROVED AS TO FORM: George H.'iser, fll 114 City Attorney Ron Morrison, Mayor Passed and adopted by the Council of the City of National City, California, on September 1, 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 ti City Clerk 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. 2009-214 of the City of National City, California, passed and adopted by the Council of said City on September 1, 2009. City Clerk of the City of National City, California By: Deputy City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE September 1, 2009 AGENDA ITEM NO. 15 (-- EM TITLE A Resolution of the City Council of the City of National City awarding the contract to CGP Maintenance & Construction, Inc. in the amount of $58,135.60 (Spec.No. 09-06) for the replacement of the walk-in freezer, Flooring repair, Fire Suppressive system, and other ancillary repairs at the National City Senior Nutrition Center and authorizing the Mayor to execute the contract (Funded through Tax Increment Funds) PREPARED BY DEPARTMENT Adam Landa (ext. 4394) Engineering EXPLANATION The Scope of Work for this contract includes the replacement of a failing walk-in freezer first installed in 1979 when the Senior Nutrition Center opened, upgrades to portions of the fire suppression system related to cooking equipment, installing an epoxy floor coating system for improved sanitary conditions, minor remodeling related to the new freezer installation and repairs. This project was put out to bid twice. The first bid date was May 20, 2009 and one bid was submitted. That bid was returned to the contractor unopened. The second bid date was July 16, 2009 and five (5) bids were received. The low bidder was CGP Maintenance & Construction, Inc. with a bid of $58,135.60. The funding mechanism for this project is that the contract is between the City and the contractor and the initial funding source for the project will be Tax Increment funds. The TI funds, once the project is complete, will be wholly reimbursed by funds from the Kimball & Morgan Towers Replacement Reserve funds. Engineering Staff recommends that the City Council award the contract to CGP Maintenance & Construction in the amount of $58,135.60 Environmental Review NIA Financial Statement Approved B Finance Directr The initial funding for this project ($58,135.60 plus a $14,534 contingency) Will come from Tax Increment funds which will be fully reimbursed upon project completion by Replacement Reserve funds from the operations of Morgan & Kimball Towers. As of June 30, the 511-1{�(C-tjb, -.b7o Account No. Replacement Reserves totaled approximately $1,800,000. Sib 4, --441-dig- - t STAFF RECOMMENDATION /f 4 Adopt the Resplutio BOARD / COMMISSION RECOMME ' ATION ATTACHMENTS ( Listed Below) Resolution No. 1. Resolution 2. Bid information 3. Spread sheet for the three lowest bidders 4 Binuranhv 4 A-200 (9/99) talcoRponitarD October 1, 2009 OFFICE OF THE CITY CLERK 1243 National City Blvd. National City, California 91950 Michael R. Dalla, CMC - City Clerk 619-336-4228 phone • 619-336-4229 fax Mr. Kevin Milan CGP Maintenance & Construction Services, Inc. 7270 Engineer Road, Suite C/D San Diego, CA 92111 Dear Mr. Milan, On September 1st, 2009, Resolution No. 2009-214 was passed and adopted by the City Council of the City of National City, awarding a contract to CGP Maintenance & Construction Services, Inc. We are enclosing for your records a certified copy of the above Resolution and a fully executed original Contract. Sincerel Michael R. Dalla, CMC City Clerk Enclosures cc: Engineering Department