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HomeMy WebLinkAbout2009 CON Industrial Coating & Restoration Services - PD Waterproofing & StaircaseCONTRACT NATIONAL CITY POLICE DEPARTMENT WATERPROOFING AND STAIRCASE REPAIR PROJECT, SPEC. NO. 09-20 THIS CONTRACT, made and entered into this 1" day of December, 2009 by and between the City of National City, California, herein after designated as the "City", and Industrial Coating and Restoration 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: NATIONAL CITY POLICE DEPARTMENT WATERPROOFING AND STAIRCASE REPAIR PROJECT, SPEC. NO. 09-20 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 Seventy -Three Thousand Dollars and NO/Cents ($73,000.00). 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 POLICE DEPARTMENT WATERPROOFING AND STAIRCASE REPAIR PROJECT, SPEC. NO. 09-20 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 POLICE DEPARTMENT WATERPROOFING AND STAIRCASE REPAIR PROJECT, SPEC. NO. 09-20 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. 28 CONTRACT (CONTINUED) NATIONAL CITY POLICE DEPARTMENT WATERPROOFING AND STAIRCASE REPAIR PROJECT, SPEC. NO. 09-20 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: CITY: Title: By: Title: Federal ID. No. 030 ei6 0 3 2S By: 1 � Title: 'Mayor, City of National City ATTEST: (Notaries acknowledgement of execution by all PRINCIPALS OF CONTRACTOR shall be attached.) 29 CONTRACT (CONTINUED) NATIONAL CITY POLICE DEPARTMENT WATERPROOFING AND STAIRCASE REPAIR PROJECT, SPEC. NO. 09-20 CORPORATE CERTIFICATE I, certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that who signed said contract on behalf of the Contractor, was then of said Corporation; that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers. I, certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that , who signed said contract on behalf of the Contractor, was then of said Corporation; that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers. Corporate Seal: 30 CONTRACT (CONTINUED) NATIONAL CITY POLICE DEPARTMENT WATERPROOFING AND STAIRCASE REPAIR PROJECT, SPEC. NO. 09-20 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 Bond No. 4376599 PERFORMANCE BOND NATIONAL CITY POLICE DEPARTMENT WATERPROOFING AND STAIRCASE REPAIR PROJECT, SPEC. NO. 09-20 KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City Council of the City of National City, by Resolution No. 2009-280, passed the IS` Day of December, 2009 has awarded to Industrial Coating and Restoration Services, Inc., hereinafter designated as the "Principal", NATIONAL CITY POLICE DEPARTMENT WATERPROOFING AND STAIRCASE REPAIR PROJECT, SPEC. NO. 09-20. WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract. NOW, THEREFORE, we, the Principal and SureTec Insurance Company as surety, are held and firmly bound unto the City Council of the City of National City, hereinafter called the "Council", in the penal sum of Seventy -Three Thousand Dollars and NO/cents ($73,000.00) 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 By: PERFORMANCE BOND (CONTINUED) NATIONAL CITY POLICE DEPARTMENT WATERPROOFING AND STAIRCASE REPAIR PROJECT, SPEC. NO. 09-20 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 SureTec Insurance Company (SEAL) (SEAL) (SEAL) Andrew Sysyn, Attorney -in -Fact Surety the 15th day of December ,2009 . Industrial Coating & Restoration Services, Inc. (SEAL) By : hmoud Merzi, President Principal (SEAL) (SEAL) 33 PERFORMANCE BOND (CONTINUED) NATIONAL CITY POLICE DEPARTMENT WATERPROOFING AND STAIRCASE REPAIR PROJECT, SPEC. NO. 09-20 ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF California ) ss COUNTY OF Orange On this 15th day of December , 2009 , before me, the undersigned, a Notary Public in and for said County and State, personally appeared Andrew Sysyn known to me to be the person whose name is subscribed to the within instrument as the attorney -in -fact of the SureTec Insurance Company , 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): R. Mendoza Notary Public in and for said County and State My Commission expires: 11/14/2013 APPROVED AS TO FORM: R. MENDOZA Commission # 1868616 By: George H. Eiser, III City Attorney Notary Public - California ] Orange County Comm. Expires No_ 14, 2013t 34 POA #: 510001 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know Ail Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Raylene Mendoza, Andrew Sysyn its true and lawful Attorney -in -fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed Five Million Dollars and no/100 ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attomey(s)-in-Fact may do in the premises. Said appointment shall continue in force until 10/31/11 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: lie la Resolved that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shalt be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20 of April, 1999) In Witness Whereof SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 28th day of October, A.D, 2008. State of Texas County of Harris 85: On this 28h day of October, 2008 before me personally came B.J. King, to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that be signed his name thereto by like order. Michelle Denny, Notary Pdblit My commission expires August 27, 2012 I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this 15 th day of December , 20 09 , A.D. M. BrentBeaty, Assis nt Secretryr Any instrument issued in excess of the penalty stated above Is totally void and without anyvalidity. For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST. Bond No. 4376599 PAYMENT BOND NATIONAL CITY POLICE DEPARTMENT WATERPROOFING AND STAIRCASE REPAIR PROJECT, SPEC. NO. 09-20 KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City Council of the City of National City, by Resolution No. 2009-280, passed the lst Day of December, 2009 has awarded to Industrial Coating and Restoration Services, Inc., hereinafter designated as the "Principal", the NATIONAL CITY POLICE DEPARTMENT WATERPROOFING AND STAIRCASE REPAIR PROJECT, SPEC. NO. 09-20 WHEREAS, said Principal is required by Chapter 5 (commencing at Section 3225) and Chapter 7 (commencing at Section 3247), Title 15, Part 4, Division 3 of the California Civil Code to furnish a bond in connection with said contract; NOW, THEREFORE, we, the Principal and SureTec Insurance Company as surety, are held and firmly bound unto the City Council of the City of National City, hereinafter called the "Council", in the penal sum of Seventy -Three Thousand Dollars and NO/Cents ($73,000.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his/her or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay any of the persons named in Section 3181 of the California Civil Code, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the Contractor and his subcontractors pursuant to Section 18806 of the Revenue and Taxation Code, with respect to such work and labor the 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 POLICE DEPARTMENT WATERPROOFING AND STAIRCASE REPAIR PROJECT, SPEC. NO. 09-20 It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement hereinabove described or pertaining or relating to the furnishing of labor, materials, or equipment therefore, not by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement hereinabove described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner of Public Entity and original contractor or on the part of any obliges named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 3110 or 3112 of the California Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned. IN WITNESS WHEREOF three identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the 15th day of December , 2009 . Industrial Coating & Restoration SureTec Insurance Company (SEAL) Services, Inc. (SEAL) By: (SEAL) By: (SEAL) Andrew Sysy , hmoud Merzi, Attorney -in -Fact (SEAL) President Surety Principal (SEAL) 36 PAYMENT BOND (CONTINUED) NATIONAL CITY POLICE DEPARTMENT WATERPROOFING AND STAIRCASE REPAIR PROJECT, SPEC. NO. 09-20 ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF California ) ) ss COUNTY OF Orange ) On this day 15th of December 200 9, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Andrew Sysyn known to me to be the person whose name is subscribed to the within instrument as the attorney -in -fact of the SureTec Insurance Company , 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): R. Mendoza (Notary Public in and for said County and State) My Commission expires: 11 / 14 / 2013 APPROVED AS TO FORM: By: George City Attorney . Eiser, III z z R. MENDOZA Commission # 1868616 Notary Public - California I Orange County Comm. Expires Nov 14, 2013 37 POA #. 510001 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know Ali Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Raylene Mendoza, Andrew Sysyn its true and lawful Attorney -in -fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed Five Million Dollars and no/100 ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. Said appointment shall continue in force until 10/31/11 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved: that the President, any Vice -President, any Assistant Vice -President„ any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)- n-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20th of April, 1999) In Witness Whereof SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 28th day of October, A.D. 2008. SURETEC INS rCE COMPANY By; State of Texas County of Harris B.J. KI On this 28h day of October, 2008 before me personally came B.J. King, to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described ribed in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. Michelle Denny �jjj:.��T State tat ktiatiatt Michelle Denny, Notary Public My commission expires August 27, 2012 I, M. Brent Beaty,Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this 15 th day of December , 20 0 9 , A.D. M. Brent Beaty, Assistant Secrets Any Instrument Issued in excess of the penalty stated above Is totelly void and without any validity. For verification of the authority of this power you may call (713) 812-0800 any business day between 8:90 are€ and 5:00 pm CST. EMERGENCY NOTIFICATION LIST NATIONAL CITY POLICE DEPARTMENT WATERPROOFING AND STAIRCASE REPAIR PROJECT, SPEC. NO. 09-20 DATE: The Contractor's representatives at the construction site for the above subject project will be: Name v c Emergency Telephone Number(s) —74 ty ' 5Thfc" Cr Z‘ (-1 Name\r 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. Sigp ure of Contractor Name and Title Signature of Contractor Name and Title Note: Two signatures are required if a corporation. 40 UPC cr cU(Jz 1:4zHM Hi'' LHSLRJLI FH?S S48-4S"/-Ei;sl@ p. 1 CERTIFICATE OF LIABILITY INSURANCE Policy Number: 04-10109501 Date Entered: 12/21/2009 CATE (MMIDWYYYY) 12/21/2009 PROD KALIMIAN INStR NCe 25301 CABOT ROAD l)201 =CEA EILLB, CA. 32553 Plena:(949)457-8213 Fax: (949) 457-8215 leSlittED 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 HAIL* INDUSTRXAI. COATING G RESTORATION, INC. IUD A. MERZI 2534 OCEANSI➢E BLVD. OCBAN3ID€, CA 92054 INSURER A:NAVIeasTOSS INEURANDE COSECANT IHSURER B:'NXVIGAT0R2 INSURANCE CCEG7ANY INSURER C: INSURER O, INSURER E: "ONO VGfV'NYV THE POLICIES ANY MAY POLICIES. OF INSURANCE LISTED BELOW HAVE BEEN ISSUED 70 THE INSURED NAMED MOVE FOR THE POLICY PERIOD INDICATED. NO-IVOT STAIJDihG REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH TI1IS CERTIFICATE MAY BE ISSUED OR PERTAIN, THE INSURANCE AFFORDED BY mE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. WISR TK AOJI. L0 TYPE OP INSURANCE POLICY NURSER POLICY EFFECTIVE DATE ilAMTO1YYYYI ACT IXII�eTFY! DATE GDPITYYt DNfiS I-1 GENERAL UABLITY COMMERCIAL GENERAL LIANIUTY ¶04-10iC5501 32/21%2009 12/21/2010 EACH OCCURRENCE $1 , 000, 000 ra4b(ASTORENTEC PT2ETA1 I eN R $-�O rIUD NEU E>LP {Am one moon) 0 5 r 000 CLAIMS ALAGE OCCUR I PERSONAL is ALIT INRURY $1, 000 , 000 GENERALnv0REC;ATE $2,000,000 PRODUCTS -COMP/OP AGO $ 2 , 000 , 000 GEtfL AGGREGATE LLIMIT APPLES PER 71 POLICY 7174 7 LOO AUTOMOBILE LIESILIT-Y COMBINED SINGLE UNIT nEe P-2ider1l) $ BODILY INJURY (Per person) BODILY INJURY ON ssoWuttl $ $ PR :aT-ts i Y DAMAGE IPer easdenti GARAGE ......1 LIAYrr-?Y ANY AUTO AUTO ONLY - EA ACCI]ENT € OTHER THAN EAA'CC' S AUTO ONLY: AOG E EXCESS! IJmBRELLA LRAEWY OCCUR P1cLaims MADE DEDUCTIBLE RETENTION $ (04-8XQ32565 12/21/2009 12/21/2010 Ed. .4 OCCURRENCE .,2,000,000 acGR, cre,Tc E2,000,000 S P WORKERSOGNPENSATION ww ANY OFFIDEJUNEMBER ( If yes, SFECIAL EMPLOYERS' YJN PROPR ETORJPARTNER,ExECIln'JE r-, EXCLUDm7 I 1 II torr In NH) describe under PROVISIONS babes - _ _ I WCSTATU- I MTH- 1QFra,14,1ITS I 1. ER EL EACHAC3DEN- $ E'_ DISEASE. EA EMPLOYEE $ E'_. DI$FA5E-POLtYY LIMIT $ WHIR DBSORICEON JOB: OF DPERATION$i LOCATION$/YrI cLE$IEXCLUSIONS ADDEO BY ENDORSEMENT N SPECIAL PROVISIONS *10 DAYS NOTICE NON FAT NATIONAL CITY POLICE DEPT. PROJECTS CERTIFICATE HOLDER, ITS EMPLOYEES, REPRESENTATIVES AND AGENTS ARE TO BE NAMED AS ADDITIONAL INSURED. CERT ICATE HOLDER CANCELLATION CITY OF NATIONAL CITY 1243 NATIONAL, CITY BLVD. NATICIIML CITY, CA 91950 FAX (619)336-4397 TE4OULDANY OP THE AOOVE DESCRIBED POLICIES �B!E�1CaA8NCELLED BEFORE THE EXPIRATION DATE THEREOF. TE. {OBLONG ista IRcR WILL FRiuEAVOR TO RARE.�0A DAYS Waives NOTICE TO THE CERTIFE:ATE HOLDER NAMED TO THE LEFT. BUT FAP_LIRE TO CO SO MALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY MHO UPON THE INSURER, ITS AGENTS OR REPR(.SENTARVES. AUTHORIZED RENFESENTATYYe '4",RY rii,:.L tl:lu� . ACO Produced .19884009 ACORD CORPORATION. Ail eights r.rrva). The ACORDD IMMO and IOW are regi rrtered marks of ACCORD /sing Forms Soec Plus aottwana. ewe/ Fa...Ross.oem; impressNe PulsrahWD 80426a1877 2$ (2009/09) ueo euu t : 4Wrir1 Fir Li—i -KJL I r-HA c BLANKET ADDITIONAL INSUREDS - OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Policy Number: 04-10105501 Endorsement Effective: 12/21/2009 12:01 a.I T r. Named Insured NAMMOUD NERZI, OBA: IN X TRJAL CUAMING l4 RESTORATION. INC. Countersigned By. Adaik- SCHEDULE Name of Person or Organization: Any person or organization that the named insured is obligated by virtue of a written contract or agreement to provide insurance such as Is afforded by this policy. Location: (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsemenL) A. Section II — Who Is An insured is amended to include as an insured the person Or organization shown in the Schedule, but only to the extent that the person or organization shown in the 5dtedule is held fiebie for your acts or omissions arising out of your ongoing operations performed for that insured_ B. With reaped to the insurance afforded to these additional insureds, the following exclusion is added: 2. Exclusions This insurance does not apply to "bodily injury" or "property damage" occurring after: (1) All work, including materials. parts or equipment furnished in connection with sucft work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insureds) at the site of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same ojrd. C. The words 'you' and "your' refer to the Named insured shown in the Declarations. D. `Your work' means work or operations performed by you or on your behalf,, and materials, parts or equipment furnished in connection with such work or operations. Flimery wotdino if required by written centrad or agreement: Sum insure;:c as is afterdad by this policy shall be primary insurance: and any insurance or self-insurance makrtai+ed by the above additional insured(st shall be excess of the Insurance afforded to the named Insured and shall not contribute to it. Waiver of Subrogation If required by witten contract or agreement: We waive eny right of recovery ere may have against an entity that is an additonai insured per the terms of this endorsement because of payments we make for injury or damage arising out of "your work" done under a aontraot with that person or organization. ANF- ES 043 (5/2006) CERTIFICATE OF LIABILITY INSURANCE S le Guranco , :1 nrnokhut nt• CA 92304 L..rttle'.1 J/2.g.12009 r.,4It ((AM nO.YVYY) 12(28/2009 r:1 2 422 l. 0:01)956-2434 rNDUSTRIAL COAT:UM RimoRATIoN,Pgc, !=l1i:itZ 25 3 4 OCEANSIDE BLVD. OCEAN5IDE. CA 920,4 I HIS Ckl-ITIFICATE IS ISSISED AuS A MAtitH OF INFORMATION ONLv AND CONFERS NO UPON THE CERTIFICATE sOI DEO. THIS CERTIFIOATF OOFS NOT s'‘ME.NO, CCIENC) ALTER THE COVERAGE AFEORDED F3V THE POI ICIH. 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Qt C..n,nto t • • tr.," t.4111, t'or,tiek'0; ••&,/k:E1,4 t:LitarP,,k 144414 rrt OW' 0,:',6.11 OAF i() tro ?.“VC)r.SEt.•.-,OOI t1.4710 ' 1.17,' OF ANY KIWI' 1140Th ,11 INfl.PRLI, fir44 :'-".•!i'ra).c.4 (+CORD AriON, 4'6 ,r9i1z4. '0'6E0 Vii4 The ACORD mftn4a old logo urn rewitclered tics L.( ACOND t:t2:7 tttlh. NI, s 'Ty flr'N 1,1 TS Infinity Commercial Auto 11700 Great OaksW Sti 300 Alpharotto GA 300 2 2 written by- infinity f",,i'ioct kst f.:011qhrty ADDITIONAL NAMED INSURED ENDORSEMENT City Of Norloonl City 24-3 National City Blvd 4.7;iy, CA 91 950 Sel,ice .3•••1 • ID Number 'EN:A/Minn f3016 4-53752-6139-001 04.16'2010 Named Insured Indki.Ariil Coating lhrs actiursernont s attaohed IL rse tumts, the fisted piicy,Nii.),Panges w 11, iIpn, the tam tl-thnotert ern requisstd. Additlion4 toatread City Of :National City Parl A -1 4LL (.A:rveragc, is changed aS 10110W 1 ot1 ured is changed to irkeiude die: additional insured named abo‘e Adding an iindiri;c1 nig in.:reuse the lima of our hahiliry. The insurance provided hy thi5 entiorsenwill any odic! Valid and collet:11111,e insurancT. hcr i;;;„,,r t 01 Hits Policy itnchanged. 1 J (..)ss , ; 0,1)167e 7 I' -20:13 AMEND DAT L 1 ) 0; li09 EN1)ORSTN11,1‘,IT 3 1 -114'iti6e.43,1 F5 jucf ACORD CERTIFICATE OF LIABILITY INSURANCE OP ID BH INDUSCO DATE (MMIDDIYYYY) 01/12/10 PRODUCER United Agencies, Inc. (A) CA License #0252636 638 Lindero Canyon Rd.,Ste 302 Oak Park CA 91377 Phone:805-212-4890 Fax:805-212-4891 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 NAIL # INSURED Industrial Coatings and Restoration Service, Inc. 2534 Oceanside Blvd. Oceanside CA 92054 INSURERA Southern Insurance Company 19216 INSURER B. INSURER C: INSURER D: INSURER E. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE PERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L LTR NSRD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATIOW DATE (MMIDDIYY) LIMITS GENERAL -- LIABILITY COMMERCIAL_ GENERAL LIABILITY EACH OCCURRENCE $ UAMAUL IURENI EU PREMISES (Ea occurence) $ CLAIMS MADE OCCUR MED EXP (Any one person) $ GENL PERSONAL. & ADV INJURY $ GENERAL AGGREGATE $ AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT PRODUCTS - COMP/OP AGG $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT $ (Ea accident) BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY. AGG $ EXCESSIUMBRELLA LIABILITY OCCUR L J CLAIMS MADE DEDUCTIBLE RETENTION $ EACH OCCURRENCE $ AGGREGATE $ $ $ $ P` COMPENSATION AND EMPLOYERS' LIABILITY ANVPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED' If yes, describe under SPECIAL PROVISIONS below WSI0018354-01 04/24/09 04/24/10 X SIAIU- I VVCWORKERS 'Y LIMITS ERIH OR TOR EL.EACHACCIDENT $1000000 E. L. DISEASE - EA EMPLOYEE $ 1000000 E L. DISEASE POLICY LIMIT I $ 1000000 OTHER DESCRIPTION OF OPERATIONS ! LOCATIONS 1 VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS re: Spec No 09-20: National City Police Dept. Waterproofing Repair Project. A Waiver of Subrogation applies per attached endorsement. *10 days notice of cancellation for non-payment of premium. & Staircase CERTIFICATE HOLDER CANCELLATION NATCITY National City 1243 National City Blvd. National City CA 91950 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL * 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUT�O�RIZED REPRESENTATIVE yY ©ACORD CORPORATION 1988 ACORD 25 (2001/08) WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 03 01 (Ed. 12-06) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against any person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1. Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Premium: The additional premium charge for this endorsement shall be 3 percent of the California Workers' Compensation pre-mium otherwise due subject to a minimum premium of $750 per policy. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 04/24/2009 Insured: Industrial Coating and Restoration Service, Inc. Policy No. WSI0018354-01 Endorsement No. Insurance Company: Southern Insurance Company Countersigned by WC990301 (Ed. 12-06) Includes copyrighted material of National Council on Compensation Insurance with its permission Copynght 1983 National Council on Compensation Insurance. Premium (See Attached) II II III II II II IIIIIII11 III III0I 0- 0IIIIII IIII 1 of 29 II N510018354 01 RESOLUTION NO. 2009 — 280 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO INDUSTRIAL COATING AND RESTORATION SERVICES INC., IN THE AMOUNT OF $73,000 FOR THE POLICE DEPARTMENT WATERPROOFING AND STAIRCASE REPAIR PROJECT WHEREAS, the Engineering Department, in open session on November 10, 2009, did publicly open, examine, and declare six sealed bids for the Police Department Waterproofing and Staircase Repair Project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for the Police Department Waterproofing and Staircase Repair Project to the lowest responsive, responsible bidder, to wit: INDUSTRIAL COATING AND RESTORATION SERVICES INC. BE IT FURTHER RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute on behalf of the City a contract in the amount of $73,000 with Industrial Coating and Restoration Services Inc., for the Police Department Waterproofing and Staircase Repair Project. Said contract is on file in the office of the City Clerk. PASSED and ADOPTED this 1st day of Decerr)Faes,, 2009. on Morrison, Mayor ATTEST: s, Michael R. Dalla, City Clerk APPROVED AS TO FORM: 731.4141.3 George H. Eiser, III City Attorney Passed and adopted by the Council of the City of National City, California, on December 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 /aril, ,,..A 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. 2009-280 of the City of National City, California, passed and adopted by the Council of said City on December 1, 2009. City Clerk of the City of National City, California By: Deputy aooy-\o3 City of National City, California COUNCIL AGENDA STATEMENT .JEETING DATE December 1, 2009 AGENDA ITEM NO. 4 ITEM TITLE A Resolution of the City Council of the City of National City, 1) awarding a contract Industrial Coating and Restoration Services, Inc. for the National City Police Department Waterproofing and Staircase Repair Project in the amount of $73,000.00, 2) authorizing the Mayor to execute the contract, 3) authorizing Engineering Division to spend up to $14,600 for project contingencies and up to $7,300 for construction management, materials testing, and inspection services. (CIP Project funded through General Fund) PREPARED BY Kenneth Fernandez EXPLANATION Please see attached page with explanation. /'\ DEPARTMENT EXT. 4388 Development Services/ Engineering Environmental Review X N/A Financial Statement MIS Approval Approved By: Finance Director Funds are available in the amount of $95,000 in expenditure account number 001-409-500-598-1408 (General Funds). Account No STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION REC N/A ATTACHMENTS (Listed Below) 1. Explanation 2. Resolution 3. Bid Opening Information Sheet 4. Bid Summary for the three lowest bidders A-200 (Rev. 7/03) Resolution No. ra,00q•'d%o INCOBPORATtI January 12, 2010 Mr. Mahmoud Merzi Industrial Coating & Restoration Services 2534 Oceanside Blvd. Oceanside, CA 92054 Dear Mr. Merzi, 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 On December 1st, 2009, Resolution No. 2009-280 was passed and adopted by the City Council of the City of National City awarding a Contract to Industrial Coating & Restoration Services Inc. We are forwarding for your records a certified copy of the above Resolution and a fully executed original Contract. Michael R. Dalla, CMC City Clerk Enclosures cc: Engineering Dept.