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HomeMy WebLinkAbout2009 CON Conan Construction - Senior Center / Kimball & Morgan Towers RepairCONTRACT NATIONAL CITY MULTIPLE FACILITY REPAIR PROJECT SPECIFICATION NO. 09-04 THIS CONTRACT, made and entered into this 20'h day of October, 2009and between the City of National City, California, herein after designated as the "City", and Conan Construction, 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: NATIONAL CITY MULTIPLE FACILITY REPAIR PROJECT SPECIFICATION NO. 09-04 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 Three Hundred Thirteen Thousand, Nine Hundred Dollars and No Cents ($313,900.00). 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. 26 CONTRACT (CONTINUED) NATIONAL CITY MULTIPLE FACILITY REPAIR PROJECT SPECIFICATION NO. 09-04 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. 27 CONTRACT (CONTINUED) NATIONAL CITY MULTIPLE FACILITY REPAIR PROJECT SPECIFICATION NO. 09-04 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. CONTRACT (CONTINUED) 28 NATIONAL CITY MULTIPLE FACILITY REPAIR PROJECT SPECIFICATION NO. 09-04 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. 11. The parties agree the Contractor has no obligation to construct any of the improvements referred to in Schedule "C". Any reference to Schedule "C" in the Contract, as defined in Section 4 herein, shall be of no force or effect. With this exception, each and every provisions of the Contract shall remain in full force and effect. 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: NC,, CITY: Title: `,)iG� Pf 2 f ccev!f c;c: CO c{. i C .s-krJ f. sJ "t. Title: 1QreS'iofen4 oT W•Y1a14 COAS-1'rueoh IliC Federal ID. No. S O 2 C ci D By: (=rank Q• l.Po,t Tr I By: Title: Mayor, City of National City ATTEST: By: Title: Ci Clerk, City of ational City (Notaries acknowledgement of execution by all PRINCIPALS OF CONTRACTOR shall be attached.) 29 (Rev.) CONTRACT (CONTINUED) NATIONAL CITY MULTIPLE FACILITY REPAIR PROJECT SPECIFICATION NO. 09-04 CORPORATE CERTIFICATE I, 4„ i-11 ory Y certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that A oCie -e , who signed said contract on behalf of the Contractor, wa's then V4..� Pros:rl 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, FrC P. l.ey h Nl_ certify that I am the Secretary o a►� 1f the Corporation name¢ „ �s Contractor in the foregoing Contract; that , who signed said contract on behalf of the Co tractor, as thlrn p,--, r .} of said Co oratio ; 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: 30 CONTRACT (CONTINUED) NATIONAL CITY MULTIPLE FACILITY REPAIR PROJECT SPECIFICATION NO. 09-04 PARTNERSHIP CERTIFICATE 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: (Notary Seal) Known to me to be of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. Signature: Name (Type or Print): (Notary Public in and for said County and State) My Commission expires: 31 PERFORMANCE BOND NATIONAL CITY MULTIPLE FACILITY REPAIR PROJECT SPECIFICATION NO. 09-04 KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City Council of the City of National City, by Resolution No. 2009-260, passed the 20th Day of October, 2009 has awarded to Conan Construction, Inc. hereinafter designated as the "Principal", the NATIONAL CITY MULTIPLE FACILITY 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, THEREFORE, we, the Principal and 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 Three Hundred Thirteen Thousand, Nine Hundred Dollars and No Cents ($313,900.00) 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 and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said contract any alteration thereof made as therein provides, on his or their part, to be kept and performed at the time and in the amount therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of National City, the City Council, their officers, agents, and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed there under or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or additions to the terms of the contract or to the work or to the specifications. 32 PERFORMANCE BOND (CONTINUED) NATIONAL CITY MULTIPLE FACILITY REPAIR PROJECT SPECIFICATION NO. 09-04 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 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 (SEAL) day of (SEAL) (SEAL) Surety Principal , 200_ (SEAL) (SEAL) (SEAL) 33 PERFORMANCE BOND (CONTINUED) NATIONAL CITY MULTIPLE FACILITY REPAIR PROJECT SPECIFICATION NO. 09-04 ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF COUNTY OF ) ss On this day of , 200, before me, the undersigned, a Notary Public in and for said County and State, personally appeared known to me to be the person whose name is subscribed to the within instrument as the attorney -in -fact of the , the corporation named as Surety in said instrument, and acknowledged to me that he subscribed the name of said corporation thereto as Surety, and his own name as attorney -in -fact. NOTE: Signature of those executing for Surety must be properly acknowledged. NOTE: The Attorney -in -fact must attach a certified copy of the Power of Attorney. Signature: Name (Type or Print): Notary Public in and for said County and State My Commission expires: APPROVED AS TO FORM: By: George H. Eiser, III City Attorney 34 PAYMENT BOND NATIONAL CITY MULTIPLE FACILITY REPAIR PROJECT SPECIFICATION NO. 09-04 KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City Council of the City of National City, by Resolution No.2009-260, passed the 20th day of October, 2009 has awarded to Conan Construction, Inc., hereinafter designated as the "Principal", the National City Multiple Facility 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 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 Three Hundred Thirteen Thousand, Nine Hundred Dollars and No Cents lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his/her or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay any of the persons named in Section 3181 of the California Civil Code, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the Contractor and his subcontractors pursuant to Section 18806 of the Revenue and Taxation Code, with respect to such work and labor the 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. 35 PAYMENT BOND (CONTINUED) NATIONAL CITY MULTIPLE FACILITY REPAIR PROJECT SPECIFICATION NO. 09-04 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 day of , 200_. (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) Surety Principal 36 PAYMENT BOND (CONTINUED) NATIONAL CITY MULTIPLE FACILITY REPAIR PROJECT SPECIFICATION NO. 09-04 ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF COUNTY OF On this day and for of said ) ss , 200, before me, the undersigned, a Notary Public in 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 subscribed the name of said corporation thereto as instrument, and acknowledged to me that he 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: APPROVED AS TO FORM: By: George H. Eiser, III City Attorney 37 EMERGENCY NOTIFICATION LIST NATIONAL CITY MULTIPLE FACILITY REPAIR PROJE('"I SPECIFICATION NO. 09-04 DATE: The Contractor's representatives at the construction site for the above subject project will be: Name Nr.4-1,1r ►�n C Name (� i L fArV..D1e-oek Emergency Telephone Number(s) Emergency Telephone Number(s) I am aware that one of the named representative(s) shall be present at the work site whenever work is in progress. Further, each of these responsible persons can be contacted in an emergency situation and have complete authority to act on the Contractor's behalf. Signature t Contractor Et ✓1 19. )-ED Il '�' (P! se 51.4)P?vL f Name and Title k Signature of >vontractor 14ki-k6.y AN_ CA Name and'Title Note: Two signatures are required if a corporation. i)�<� 39 ACKWOWLEDGIMiEWT L E E C L F E C L E E E E L C L F L E L L E E C E E C r ECG L E F L C E r r E E E L E C E ELLE E L E E C E E E L E E G E r L L L E F L E E 1 State of California County of San Diego } ss. OnAfDUetbar ) h goo before me,L{9 f e Ape..S amde 1-7- Notary Public, personally appeared A -A 0101 y (10t_ who proved to me on the basis of satisfactory evidence to be the person(%) whose name( is/ais/arle subscribed to the within instrument and acknowledged to me that he/44/4y executed the same in his/hAir/thAtir authorized capacity(j), and that by his/hfr/tfAir signatures(ys') on the instrument the person(,, or the entity upon behalf of which the personX) 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. ra OFFICIAL SEAL al LORETTA AGNES HERNANDEZ NOTARY PUBLIGCALIFORNIAy. COMM. NO. 1632552 SAN DIEGO COUNTY MY COMM. EXP. DEC. 22, 2009 se811 E L E L r L E 1 E r r r E E L L L r r C L E L G E E L 1 E F F. F C C 1. E E r. r L E E L E L L L L E L L E E L r E L L E E E E E C L C E E L L E r 1 Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language OPTIONAL INFORMATION Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: Trustee Power of Attorney CEO / CFO / COO President / Vice -President / Secretary / Treasurer Other: Other Information: Thumbprint of Signer D Check here if no thumbprint or fingerprint is available. © 2008 Allstate Notary Preparation: Inc. - )800) 688-845C5 - v, Av.allstafenotary.com **Premium subject to change based on final contract price. Bond No.: 728 403P **Premium: $9,417 PERFORMANCE BOND NATIONAL CITY MULTIPLE FACILITY REPAIR PROJECT SPECIFICATION NO. 09-04 KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City Council of the City of National City, by Resolution No. 2009-260, passed the 20`11 Day of October, 2009 has awarded to Conan Construction, Inc. hereinafter designated as the "Principal", the NATIONAL CITY MULTIPLE FACILITY 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, THEREFORE, we, the Principal and Developers Surety and Indemnity Company kb 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 Three Hundred Thirteen Thousand, Nine Hundred Dollars and No Cents ($313.90O.OQ) lawful money of the United States, for the payment of which Burn well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the above bounden Principal, his/her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said contract any alteration thereof made as therein provides, on his or their part, to be kept and performed at the time and in the amount therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of National City, the City Council, their officers, agents, and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in Rill 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 terns of the contract or to the work to be performed there under or the specifications accompanying the saute 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. 32 PERFORMANCE BOND (CONTINUED) NATIONAL CITY MULTIPLE FACILITY REPAIR PROJECT SPECIFICATION NO. 09-04 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 attomey's fee to be fixed by the Court. IN WITNESS WHEREOF three identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the 6th day of November , 200 9 . Developers Surety and Indemnity Company (SEAL) Conan Construction, Inc. (SEAL) Bart Stewart, Attorney -In -Fact (SEAL) Surety APPROVED AS TO FORM: George H Efser, III City Attorney 33 (SEAL) IM (44 ‹, (SEAL) t« t PI.,i r(SEAL) Principal **SEE ATTACHED CERTIFICATE** PERFORMANCE BOND (CONTINUED) NATIONAL CITY MULTIPLE FACILITY REPAIR PROJECT SPECIFICATION NO, 09-04 ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF ) COUNTY OF ) ) se 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 R. Eisen, III City Attorney 34 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: *** Bart Stewart, Chris Lydick, jointly or severally *** as their true and lawful Attcrney(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety- ship giving and granting unto said Attorney(s)-in-fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation. and all of the acts of said Attorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of 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 attorney(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of AAttorney or certificate bearirg 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, 200B. Stephen T. Pate, Senior Vice President Charles L. Day, Assistant Secretary State of California County of Orange On August 13th, 2008 personally appeared Date before me • Obi. :w= :c.:. 1936 r:v, Jenny TT .Nguyen, Notary Public Here Insert Name and Title of the Officer Stephen T. Pate and Charles L. Day Name(s) of Signer(s) �,��aniill JENNY TT NGUYEN COMM. it 1791640 v„..k NOTARY PUBLIC CPLE}A ', ORANGE cOU$TY My comm. expires Feb.19, 201? Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) isiare 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 hisihedtheir signature(s) on the instrument the persen(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 CERTIFICATE The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, the is day of NJ�.-r✓ N115 By: "'Albert Hillebrand, Assistant Se%tary ID- 1380(Wet)(Rev.07107) CALIFORNIA ALL•PURPOSE ACKNOWLEDGMENT 4Ez2. State of California County of San Diego 1! On L? 1 0`I before me. Stephanie Bondurant, Notary Public personally appeared Bart Stewart S1EPHANIE BONDURAJ T Commission # 1653838 Notary Public - California San Diego County My Comm. Expires Mar 24. 2010 s who proved to me on the basis of satisfactory evidence to be the persor, j whose nantem) is subscribed to the within instrument and acknowledged to me that executed the same in authorized capacity i;c:; and that by his/her' .i' signnature{5) on the instrument the person or the entity upon bohalt of which the person,tsti 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. Signatur, OPTIONAL Ilbi'gh the intbrrratfol below !s not required by late, rt may c ^.'e ;'al(tab(e :o persons 'e;yira on LOB d;C4r"snt and coLld vrever; fn,udulerf nemovai and 'earldC" TTie'rl CO 2h s ,07M lu at7,2rOr aonti vent Description of Attached Document Tale or Type of Document Dccument Dater &gner(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name: Bart Stewart Individual Corporate Otfire• — Title(s): Partner — Limited General X Attorney in Fact Trustee Guardian or Conservator Other - Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Number of Pages: Signer's Name: Individual Corporate Orticer — r ue(sr Partner — Limited General Attorney Fact Trustee Guardian at Conservator Other Signer is Representing. t.l,K `4.r.'G.Y.i.'r�.(,Y �u [Y �f a�i nY.'!'�h�tt Ytii �.12Y'�Z':�i Y:l Y`Z;�1Y• ,\.1Z ACKNOWLEDGMENT F r C L L E E C t E l E L t t L E F L L t C C E L r L L C t L L C L E C C r r L C E L E e t L E C L E E E LLLEULCUE E r L L r E F L C r 1 State of California County of San Diego } ss. //�� On UedPILVf fee cP c( before me,LOCF_4'� /%d6S )AefftetAde? z, Notary Public, personally appeared A-n4-horsyy 0c-- who proved to the on the basis of satisfactory evidence to be the person('] whose name(%) is/a(e subscribed to the within instrument and acknowledged to me that he/0/they executed the same in his/her/their authorized capacity(s), and that by his/t 'r/tVir signatures() 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 hand and official seal. Irv", E I r r r I r r E L r r L e t t OFFICIAL SEAL LORETTA AGNES HERNANDEZ NOTARY PUBLIC-CALIFORNIAe COMM. NO. 1632552 SAN DIEGO COUNTY MY COMM. EXP. DEC. 22. 2009 (seal) C L E L r r r. F E E t t r C F L L C E E t t, t t C r L t C F C L L IL L L t F L L L F L C C L r r 1 Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language OPTIONAL INFORMATION Thumbprint of Signer Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: Trustee Power of Attorney CEO/CFO/COO President / Vice -President / Secretary / Treasurer Other: Other Information: Check here if no thumbprint or fingerprint is available. �> 2008 Allstate Notary Preparation, Ina - (800) 689-8-i56 - www.allsietunote.ry.com **Premium subject to change based on final contract price. Bond No.: 728403P **Premium included in Performance bond. PAYMENT BOND NATIONAL CITY MULTIPLE FACILITY REPAIR PROJECT SPECIFICATION NO. 09-04 KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City Council of the City of National City, by Resolution No.2009-260, passed the 206 day of October, 2009 has awarded to Conan Construction, Inc., hereinafter designated as the "Principal", the National City Multiple Facility Repairs Project, WHEREAS, said Principal is required by Chapter 5 (commencing at Section 3225) and Chapter 7 (commencing at Section 3247), Tide 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 Bum of Three Hundred Thirteen Thousand, Nine Hundred Dollars and No Cents 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 QBLIGATION 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 front 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 assignsin any suit brought upon this bond. 35 PAYMENT BOND (CONTINUED) NATIONAL CITY MULTIPLE FACILITY REPAIR PROJECT SPECIFICATION NO. 09-04 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 frill 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 6th day of November , 200 9 . Developers Surety and Indemnity Company (SEAL) (SEAL) Bart Stewart, Attorney -In -Fact Surety APPROVED AS TO FORM: (SEAL) we �e .)/ 1r- George H. Eiser, III 36 City Attorney Principal Conan Construction, Inc. (SEAL) 0(SEAL) Qc cs ,diSEAL) **SEE ATTACHED CERTIFICATE** PAYMENT BOND (CONTINUED) NATIONAL CITY MULTIPLE FACILITY REPAIR PROJECT SPECIFICATION NO. 09-04 ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OP ) ) as COUNTY OF ) On this day of , 200 , before me, the undersigned, a Notary Public in and for said County and State, personally appeared ]mown 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 shall attach a certified copy of the Power of Attorney. Signature: Name (Type or Print): (Notary Public in and for said County and State) My Commission expires: APPROVED AS TO FORM: By: George H. Riser, III City Attorney 37 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PC 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: Bart Stewart, Chris Lydick, jointly or severally*** as their true and lawful Attcrney(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 Aftorney(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attorney(s)-in-Fact. pursuant to these presents, are hereby ratified and confirmed, This Power of 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 attorney(s) ramed in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or ary Assistant Secretary of the corporations be, and each of them hereby is, authorized tc 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 affxed 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. Stephen T. Pate, Senior Vice President By COecte-c-ao Charles L. Day, Assistant Secretary State of California County of Grange On August 13th, 2008 Date personally appeared before me, Jenny TT Nguyen, Notary Public Here Insert Name and Title of the Officer Stephen T. Pate and Charles L. Day Names) of Signer(s) r1reiiiih iC�9'tjr6eho 'ram e't�i�r JENN TT NGUY 7 33i��il17117 COMM. # 1791640 NOTARY PUBLIC GAMMA ORANGE cowry My Comm. wires Feb. 19, 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/herltheir 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 CERTIFICATE The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate. This Certificate is executed in the City of Irving California the lot day of It! As ,. 1 9 �4 By: Albert Hillebrand, Assistant ecretary ID-1380(Wet)(Rev 07/07) • County of On I CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT the 9 State of California San Diego before me Ste2hanie Bondurant, Notary Public d r'ie „r :,r a,ore, personally appeared Bart Stewart STErf'L?Wii 90NDURAN7 Commission # 1653838 7 Notary Public - California San DiegO County My Comm. Expires Mar 24, 2010 h 1. who proved to me on the basis of satisfactory evidence to be the person ?e7 whose narn*j is'erc subscribed to the within instrument and acknowledged to me that executed the same in hisl4tr�1•:eirauthorized capacity; . and that by his&N,c::thcir signature( on the instrument the person ;. or the entity upon behalf of which the person anted. 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. Signatur OPTIONAL hro.,gh the nlormetron b,+ow o v01 regur -d by raw, rt may rove, vo1u0b'e to prsCf,S the aria could Dre,,en1 fr:udoIenr . @?Dvo! ana 8,'!?Chi erl c1 tilts rfrm 5J onoro, docorroot Description of Attached Document T tie or Type of Document: Document Date Signe(s) Other Than Named Abuve Capacity(ies) Claimed by Signer(s) Signer's Name: Bart Stewart Individual Corporate Officer — Title(s): Partner — _. Limited General X Attorney ir. Fact Trustee Guardian or Conservator Other: Signer Is Representing: _ RIGHTnnmeaeatrrr OF SIGNER Number of Pages: Signers Name: Individual Corporate Officer -- Title(s) _... Partner — Limited General Attorney in Fact Trustee Guardian or Cnnservator Other Sinner is Represeminc. ::�trw�:'�'iv.tir,�;�c:.'+--G•-c.:A.�c.,,r .•_.�<`.:.,rtr•.��c;,�c'c< ...*..<,c�,.r,ty %�,r-{.'ti �i .:;-r;,-: z_ rir.• • .rn.. ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE IMJADDrEMO 11/6/2009 PRODUCER 9) 95-515 FAX: (6 9)291-0912 HARTLEY CYLKE PACIFIC-#0574 253 INSURANCE SERVICES, INC. 2747 UNIVERSITY AVENUE SAN DIEGO CA 92104-4068 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 C VERAGE NAIC # INSURED Tony Cion DBA: Conan Construction, Inc. 5150 Waring Road San Diego CA 92120 INSCHFR A MT . HAWLEY INSURANCE CO. NSUE T R 5 NATIONAL UNION FIRE NEURE,z C HUDSON INSURANCE, CO, :Nsupr.R. D INSURER il COVFBES THE POLICIES OF INSURANCE LISTED BELO 'V HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REOUIREMENT 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 POL CIES DESCRIBED HEREIN IS SUBJECT 17 C EU. THE. TERMS. EXCLUSIONS AND CONDiTICNS CF SUCH POLICIES AGOREQATE OMITS SHOWN MAY HAVE BEE' REDUCED BY PAID DT AIMS INSR ADM. TYPE OF INSURANCEPOLICY POLICY EFFECTIVE NUMBER DATE I MLI,DErn') POLICY EXPIRATION DATE (MV•DONYI i UMiT A X GENERAL X LIABILITY C ammERCIAI GENE RAL LIAF3-1, IRRTN,:t IS ,000,000 DAMAGE TO RENTED , 50 , 000 P REM•SU la G.7,2,1,,n7s, ,. _ CLAIMS mknr occuR MGL015 6814 2/23/2009 2/23/2010 tIso.xy..-,,,,,,=,in, iS 5 , 000 1,000,000 GENERA1 AGGRFGATE1 IS 2 , 000 , 00011 P RC .c.,,i T 9 , COPP/OP 47,-; I S 1,000,000 GEN't X A1:137;REGATE CM; T APPUES PER, — P00- POLICY l, ,i-f LOC 1 AUTOMOBILE _ _ LIABILITY AUTO •,,:., C,,'.!..:-,T A'JT r:S. .1,:.i.lE......E0 At;11.-:.i. ,RED A1i-703 0N•0,,,NriD AUTOS Comattio SINGt ;:: L ;mil' la am-ii,E; if,C.-LI .-',,,,,,,,,',,' 'P, ..^,--1 EMILY RUUR 1' ' TS t Pcr am.se-n I PROPERTY nA.t,,Gr. i1$ tP•-,•: 7,7„,-,) 1 GARAGE LIABILITY A.4Y AUTO AUTO C'.. i • EA ACC GENT IT , E.,. AC,5 I OTHER THAN ,- ,- 1 AUTO CNLY AG,G1 EXCESSAJMBRELLA X j ....._ ---I X LIABILITY OCCUR I 1CLAIKISMADE 0E025 6 94715 FACH G(TURPFN-F 15 1,000,000 AGGREGATE 15 1,000,000 t I .5 2/23/2009 2/23/2010 1 WORKERS COMPENSATION AND EMPLOYERS" LIABILITY ANY PROPRiETC.;PARTNERI,,:,ECUTIVE CIFiCERMEMEERExcLucTG7 '' '•ff 11,,,L11,e4,1:, rOlAt eenv;FICns re1-9,. ..,,...$7,A7U• i,,,,i. IlaS I TDRY I LI FR i I E. L EACH ACCIDENT IS E i iviEass• • FA im".0YEFIS, 1 ; F t 019FA4E7 • pr.: .•:.'e !..,..T . S C i OTHER INLAND MARIN1 2617311 2 1 /2008 12/18/2.00 ,cy=i:i.,,--D EQu,P $44,255 LEASECRENTED EQ,,-.TF $25 , 000 DED: $550 DESCRI,TION OF OPERATIONS/LOCATIONSNERICLES/EXCLUSIONS ADDED HY ENDORSEMENCSPECIAL PROVISIONS City of National City is named as additional insured. RE: National City multiple Facility Repair Project, SPEC NO 09-94. •1C day notice of cancellation for non-payment cf premien CERTIFICATE HOLDER CANCELLATION City of National City 1243 National City Blvd. National City, CA 91950 ACORD 25 (2001108) INS025 Ougute, SHOULD ANY 05 THE ABOVE DESCRIEED POLICIES 535 CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSLENG INSURER 'ALL ENDEAVOR TO MAIL .30 DAYS WRII IN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LJABIUP( CF ANY KIND UPON THE INSU . ITS AGENTS OR R ft•Ei AU It 1cFlity ESENTATIVES. iSiD ACORD CORPORATION 1988 PaT, Policy Number. MGL0156814 Mt. Hawley Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM C) This 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 Dedarations as appli- cable to this endorsement) WHO 18 AN INSURED (Section II) Is amended to include as an insured the person or organization shown in the Sched- ule, but only with respect to liability arising out of your work" for that insured by or for you. --Ta-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: All persons or organizations where required by written contract. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. CGL 216 (04198) Page 1 of 1 Insured IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108) INS025 roloeu.oea Page 2 of ACORD G'ERT[ ► �D IA�IL 'T1 RA m � .Tiros IWDD/YY) :[ PRODUCER PAYCHEX INSURANCE AGENCY, INC. 150 SAWGRASS DRIVE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY ANCONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ROCHESTER, NY 14620 COMPANIES AFFORDING COVERAGE -- CONPPANY A ZENITH INSURANCE COMPANY INSURED CONAN CONSTRUCTION, INC. 5150 WARING ROAD 00B"NY SAN DIEGO, CA 92120- COMPANY C C01,1PAN , D THIS IS TO CERTIFY THAT 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, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MKT/DM) POLICY EXPIRATION DATE (MM/D DON) LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY GENERAL AGGREGATE $ CLAIMS MADE f CUR PRODUC IS - COMP/OP AGG $ OWNERS & CONTRACTOR'S PROT PERSONAL & MN INJURY $ EACH OCCURRENCE $ FIRE DAMAGE (Any one fire) $ MF D EXP {Any one person) $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS COMBINED SINGLE LIMIT $ S SCHEDULED AUTOS HIRED AUTOS BODILY INJURY (Per perecnj $ NON -OWNED AUTO BODILY INJURY (Per acclden1) $ PROPERTY DAMAGE $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY UMBRELLA FORM EACH OCCURRENCE $ OTHER THAN UMBRELLA FORM AGGREGATE $ A WORKER'S COMPENSATION AND• EMPLOYERS' UABILITY I WC S7A7U- OTT-, X TOBYLIMITS 'HE PROPRIETOR;EL PR EACH ACCIDENT $ 1,000,00100 PARTNERS* %ECUTIVE CFFIC,FRS ARE INCL EXCL C067019505 02/18/09 02/18/10 FI DISEASE POLICY LIMIT $ 1,00{1,000.00 X EL DISEASE - EA EMPLOYEE $ 1,000,000.00 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS RE: NATIONAL CITY MULTIPLE FACILITY REPAIR PROJECT EFiet icA E. EoLDEEt .: ! .... ` • ; :' >> `:::G'ANCELLATIQtt^ CITY OF NATIONAL CITY 1243 NATIONAL CITY BLVD NATIONAL CITY, CA 91950 ........ I : SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. ft.Jw.h.4efw. +�. nwLRV?;;S: l-:...l '.' �...:. .. `: .� .. ..::. .. :.. ? k ..-., ZED REPRESENTA IVE W .: ... .......-'' :fn1AT.`i1Dr7d^1'.Ciimile UVa...”vrw.....::.: CITY OF NATIONAL CITY Finance Department 619 336-4330 National City 55 / 20419 1l/05/2009 13:50:35.000 Res WXP-CASH02 Validation Receipt CHARGPS- 001-00000-0040 5U.00 BL conan construction$ Sub -total $*A******35D.00 PAYMENT - Check conan constructio$ 549 Change 50,00 $*******a**6.00 THANK YOU1 Business Hours: 7:00 - 6:00 Monday Through Thursday Closed on Fridays S LICENSE APPLICATION :SUED IF REQUIRED INFORMATION 13 -ION. MAKE CHECKS PAYABLE TO THE Cite DRMATION I I.) XN ONE iJ ONAL CITY POOM/SU1TE NO. O. BO COMPLETE IF APPLICABLE NJOUJI€D oN: G DFSCR1E BITS # LIC # ALL LICENSES EXPIRE DECEMBER 31 RENEWALS ARE DUE BY FEBRUARY 28 piat_rn,si; t.0 S'_ / 21417 City of, National City BUSINESS LICENSE DIVISION (619) 336-4330 TAXES $ "— MC $ PENALTY $ O1AL $ {NECK ONE: A. 0 WHOLESALE B. C: RETAIL t. :l SERVICE D. CT RENTAL UNITS, # OF UNITS E. 3 MANUFACTURING FA CONTRACTTOR STATE 77LICENSE #/ HEALTH PERMrt' ABC R/ DRIVERS Lit. # STATE RESALE # /y��y FEDERAL ID d IXS�/ L� DESCRT9E E�Y-INCUDE P W PAL PRODUCT OR SERVICE LY4ryI or (fa j fira&‘r_ f4igiej. ;„1„..j NUMBER OP BUSINESS VEHICLES OPERATING TN NATIONAL CITY VATl1 YOUR COMPANY ADVERTISING (LOGO) ON THEM D. OWNERSHIP INFORMATION CHECK ONE: 1. 0 SINGLE PROPRIETORSHIP 2. [J PARTNERSHIP l`_ CORPORATION UST OWNERIPMI111ER./CORPORATE OFFICERS LAST NAME FIRST NAME U7 TITLE . (.1' HOME PRO .tome ADDRESSeg /�y+[! t'ZIY ( r�l STATE / LIP C06e iQ LAST NAME FIRST NAME (,r4 I »E A , HOME YHyl9// /9 / /� HOME ADD //•�/�O pink) //�Y» r. / /ILv STATE 4 [E1.1 ZIP CODE // f?� LTSi' IN ORDER OE PRIORJTY ANO PROXIMITY TO BUSINS THE PERSON TO BE CONTACTED AT NIGHT IN CASE OF BREAK IN 0 NAME 7 I.0 2. Luny, E7/ / • ierrs`� 0O YOU HAVE A BURGLAR ALARM? Iy NO Name OF ALARM COMPANY y ! 4 2. C_I YES; IF YES 3. 0 SILENT PHONE # 4. 7, AUDIBLE F. mist OYFEINFORMATTON PLEASE INDICATE Ti1E NUMBER OF EMPLOYEES EMPLOYED BY YOUR BUSINESS: DECALS V -OFFICE USE ONLY -- G WC - N/O PEND ON FILE: E C - HJD AUDITED BY DATE DATE H/O PD BJL SENT N/A ENTERED BY plc— WO PEND P L A 1- A ANP C C-ANP DATE INT RESOLUTION NO. 2009 — 260 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING THE MULTIPLE FACILITY REPAIR CONTRACT TO CONAN CONSTRUCTION, INC., IN THE AMOUNT OF $313,900 FOR IMPROVEMENTS IN ACCORDANCE WITH PLANS AND SPECIFICATIONS FOR THE NATIONAL CITY SENIOR CENTER AND KIMBALL AND MORGAN TOWERS (SCHEDULE A AND B), AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT, AND AUTHORIZING THE EXPENDITURE UP TO $31,390 FOR CONTRACT CHANGES FOR SCHEDULE A AND B WHEREAS, the Engineering Department of the City of National City did, in open session on September 2, 2009, publicly open, examine and declare five sealed bids for the National City Multiple Facility Repair Contract for improvements in accordance with plans and specifications for the National City Senior Center and Kimball and Morgan Towers (Schedule A and B); and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the National City Multiple Facility Repair Contract for improvements in accordance with plans and specifications for the National City Senior Center and Kimball and Morgan Towers (Schedule A and B) to the lowest responsive, responsible bidder, to wit: CONAN CONSTRUCTION, INC. BE IT FURTHER RESOLVED by the City Council that the Mayor is hereby authorized to execute on behalf of the City the National City Multiple Facility Repair Contract between Conan Construction, Inc., and the City of National City in the amount of $313,900 for improvements in accordance with plans and specifications for the National City Senior Center and Kimball and Morgan Towers (Schedule A and B). Said contract is on file in the office of the City Clerk. PASSED and ADOPTED this 20th day of October 2009. Ron Morrison, Mayor ATTEST: /d) Mic iel R. Dalla,/City Clerk APPROVED AS TO FORM: 007 George H. Eiser, III City Attorney Passed and adopted by the Council of the City of National City, California, on October 20, 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 of ationa 4� City Clerk of the City l City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2009-260 of the City of National City, California, passed and adopted by the Council of said City on October 20, 2009. City Clerk of the City of National City, California By: Deputy CQ00c .c City of National City, California COUNCIL AGENDA STATEMENT !METING DATE October 20, 2009 AGENDA ITEM NO. 33 ITEM TITLE A Resolution of the City Council of National City 1) awarding the Multiple Facility Repair Project contract to Conan Construction, Inc. in the amount of $313,900 for improvements in accordance with plans and specifications for National City Senior Center and Kimball & Morgan Towers (Schedule A & B) of bid, 2) authorizing the Mayor to execute the contract, and 3) Authorizing Engineering to expend up to $31,390 for contract changes for Schedule A & B (Funded through Tax Increment and General Funds) PREPARED BY Adam Landa EXPLANATION See attached explanation DEPARTMENT Development Services Engineering Division EXT. 4394 J Environmental Review X N/A Financial Statement MIS Approval Approved By: Finance Director Funds are available in 511-445-468-288-0000 (Tax Increment Fund) in the amount of $336,624.20 626-422-223-288-000 (Facilities Maintenance Fund) in the amount of $8f65.80, Account No. L STAFF RECOMMEND ON ATTACHMENTS (Listed Below) 1. Resolution 2. Bid Information 3. Spread Sheet for the three lowest bidders 4. Biography Resolution No. 0 0 .• 3. 6 0 mutt A-200 (Rev. 7/03) OFFICE OF THE CITY CLERK 1243 National City Blvd. National City, California 91950 Michael R. Dalia, CMC - City Clerk 619-336-4228 phone • 619-336-4229 fax December 29, 2009 Mr. Frank P. Leon, Jr. Conan Construction, Inc. 5150 Waring Road San Diego, CA 92120 Dear Mr. Leon, On October 20th, 2009, Resolution No. 2009-260 was passed and adopted by the City Council of the City of National City, awarding a contract to Conan Construction, Inc. We are enclosing for your records a certified copy of the above Resolution and a fully executed original Contract. Sincerely, t_eirj A? 4)01% Michael R. Dalla, CMC City Clerk Enclosures cc: Engineering Dept.