Loading...
HomeMy WebLinkAbout2010 CON Blue Pacific Engineering - Cultural Arts Center LandscapeCONTRACT NATIONAL CITY CULTURAL ARTS CENTER LANDSCAPE IMPROVEMENTS, SPEC. NO. 09-17 THIS CONTRACT, made and entered into this August 17, 2010 by and between the City of National City, California, herein after designated as the "City", and Blue Pacific Engineering & 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 CULTURAL ARTS CENTER LANDSCAPE IMPROVEMENTS, SPEC. NO. 09-17 and to perform and complete in a good and workmanlike manner all the work pertaining thereto shown on the plans and specifications therefore; to furnish at his own proper cost and expense all tools, equipment, labor and materials necessary therefore; and to do everything required by this agreement and the said plans and specifications. 2. For furnishing all said materials and labor, tools and equipment, and doing all the work contemplated and embraced in this Contract, also for all loss and damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the work until its acceptance by the City and for all risks of every description connected with the work; also, for all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as in said specifications are expressly stipulated to be borne by the City and for well and faithfully completing the work and the whole thereof, in the manner shown and described in the said plans and specifications, the City will pay and the Contractor shall receive in full compensation therefore the sum of FIFTY ONE THOUSANDS ONE HUNDRED FIFTY TWO & 50/100 Dollars ($51,152.50). 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. 28 CONTRACT (CONTINUED) NATIONAL CITY CULTURAL ARTS CENTER LANDSCAPE IMPROVEMENTS, SPEC. NO. 09-17 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. 29 CONTRACT (CONTINUED) NATIONAL CITY CULTURAL ARTS CENTER LANDSCAPE IMPROVEMENTS, SPEC. NO. 09-17 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. 30 CONTRACT (CONTINUED) NATIONAL CITY CULTURAL ARTS CENTER LANDSCAPE IMPROVEMENTS, SPEC. NO. 09-17 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 deem I an iginal the day and year first above written. CONTRACTOR: By: �J m Title: pic tuner CITY: By: Title: Federal ID. No. cs-1--t(v& O Pj By: Title: ayor, City of National City ATTEST: By: Title: City Clerk, City o National City (Notaries acknowledgement of execution by all PRINCIPALS OF CONTRACTOR shall be attached.) 31 CALIFORNIA ALL PURPOSE ACKN OWLEDGMEN T Title or Type of Document CA1414 LT Number of Pages LI Date Of Document CAI LN 1I0 Signer(s)other than named below CERTIFICATE OF ACKNOWLEDGEMENT STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) 6, 'On COI9,11/)W before me, CIXJ4 1 C 6aI. m , Notary Public, personally appeared i lrli IY'I E-t I 4.4 who proven to me on the basis of satisfactory evidence to be the persona whose name( is/&e subscribed to be within instrument and acknowledged to me that he/fie/toy executed the same in his/hk'/tjiLir authorized capacity), and that by hisll,/tlir signature() on the instrument the person(,( or the entity upon behalf of which the person acted, executed the instrument. I, certify under PENALTY OF PERJURY under the laws of the State Of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. NOTARY PUBLIC CECILIA GALVAN Commission-# 1760337 It <' es Notary Public - California San Diego County • My Comm. Expires Aug 4.2011 SEAL Premium Is For Contract Term And Is Subject To Adjustment Based On Final Contract Price EXECUTED IN TRIPLICATE BOND NO. 70971154 PREMIUM: $1,535.00 PERFORMANCE BOND , NATIONAL CITY CULTURAL ARTS CENTER LANDSCAPE IMPROVEMENTS, SPEC. NO. 09-17 KNOW ALL MEN BY THESE PRESENTS: That WHEREAS. the Citv Council of the City of National City, by Resolution No. 2010-190 passed the Aug. 17, , 2010 has awarded to BLUE PACIFIC ENGINEERING &`CONSTRUCTION, INC. hereinafter designated as the 'Principal", NATIONAL CITY CULTURAL ARTS CENTER LANDSCAPE IMPROVEMENTS, SPEC. NO. 09-17. 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 WESTERN SURETY COMPANY as surety, are held and firmly bound unto the City Council of the City of National City, hereinafter called the "Council", in the penal sum of FIFTY ONE THOUSANDS ONE HUNDRED FIFTY TWO & 50/100 Dollars ($51,152.50), 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. 34 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5193 / State of California County of SAN DIEGO On 08/24/2010 before me, DEBORAH D. DAVIS, NOTARY PUBLIC personally appeared MARK D. IATAROLA who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/ their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. DEt3ORAH ID. DAVI COMM. #1737411 <o) NOTARY PUBLIC-CALIFORNIA o % SAN DIEGO COUNTY ' !MyComm .Exp APRIL21,2011 THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. Signature of Notary OPTIONAL SECTION OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. ❑ INDIVIDUAL ❑ CORPORATE OFFICER(S) T1TLE(s) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ®ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE fr PERFORMANCE BOND (CONTINUED) NATIONAL CITY CULTURAL ARTS CENTER LANDSCAPE IMPROVEMENTS, SPEC. NO. 09-17 In the vent 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 24TH day of A UST , 20 10 WESTERN SURETY COMPANY BLUE PACIFIC ENGINEE,�i� G ' (SEAL)UCT .ON NC. (SEAL) BY: /Ta/111 0 . G (SEAL)BY (SEAL) MARK D. IATAROLA, _ ATTORNEY -IN -FACT (SEAL) (SEAL) Surety Principal APPROVED AS TO FORM: 35 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and Stale of South Dakota, and that it does by virtue of the signature and scat herein affixed hereby make, constitute and appoint Helen Maloney, John G Maloney, Mark D Iatarola, Individually of Escondido, CA, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 3rd day of June, 2010. State of South Dakota County of Minnehaha } ss WESTERN SURETY COMPANY Paul .. Brufla�ce President On this 3rd day of June, 2010, before me personally came Paul T. Bruflat, to me known, who, being by me duly swom, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires November 30, 2012 4 + f D. KRELL NOTARY PUBLIC SOUTH DAKOTA s s D. Krell, NoPublic CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attomey hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 24TH day of AUGUST 2010 WESTERN SURETY COMPANY 63°. �7't/ ���� L. Nelson, Assistant Secretary Form F4280-09-06 Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. EXECUTED IN TRIPLICATE BOND NO. 70971154 PAYMENT BOND NATIONAL CITY CULTURAL ARTS CENTER LANDSCAPE IMPROVEMENTS, SPEC. NO. 09-17 PREMIUM INCLUDED IN PERFORMANCE BON, KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City Council of the City of Nation" n 1uC1Q j� 2010-190 passed the ' off Aug7 , 2010 has awarded to & CONSTRUCTION I ENGINL RI e �• & CONSTRUCTION, INC..> neremaf[er designated as the "Principal", the NATIONAL CITY CULTURAL ARTS CENTER LANDSCAPE IMPROVEMENTS, SPEC. NO. 09-17 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 WESTERN SURETY COMPANY as surety, are held and firmly bound unto the City Council of the City of National City, hereinafter called the "Council", in the penal sum of FIFTY ONE THOUSANDS ONE HUNDRED FIFTY TWO & _ Dollars ($51,152,50). 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. 37 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5193 State of California County of SAN DIEGO On 08/24/2010 before me, DEBORAH D. DAVIS, NOTARY PUBLIC personally appeared MARK D. IATAROLA who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are DE1 ORAH D. 1),AVIS COMM. #1737411 NOTARY PUBLIC-CALIFORNIA SAN DIEGO COUNTY MAi p./ o?af'_ My CommExp. APRIL 21, 2071 subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/ their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: WITNESS my hand and official seal. A n.� Signature of Notary OPTIONAL SECTION OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. ❑ INDIVIDUAL ❑ CORPORATE OFFICER(S) E TITLE(S) PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY -IN -FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSONIS) OR ENTITY(IES) TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. SIGNER(S) OTHER THAN NAMED ABOVE PAYMENT BOND (CONTINUED) NATIONAL CITY CULTURAL ARTS CENTER LANDSCAPE IMPROVEMENTS, SPEC. NO. 09-17 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 tetins 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 311Q 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 24TH day of AUGUST 20 WESTERN SURETY COMPANY MARK D. IATAROLA, ATTORNEY -IN -FACT Surety APPROVED AS TO FORM: (SEAL) BLUE PACIFIC INEER G (SEAL) & CpiaS a UCTION, NC (SEAL) (SEAL) BY.: SEAL) (SEAL) 38 Principal Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Helen Maloney, John G Maloney, Mark D Iatarola, Individually of Escondido, CA, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 3rd day of June, 2010. State of South Dakota County of Minnehaha } ss WESTERN SURETY COMPANY Paul 'Bruflat, Senior Vice President On this 3rd day of June, 2010, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires November 30, 2012 + r r r r f r r + D. KRELL f NOTARY PUBLIC 3^EAL f. SOUTH DAKOTA • CERTIFICATE D. Krell, No nary Public I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 24TH day of AUGUST 2010 WESTERN SURETY COMPANY 241(1-1r71"../ L. Nelson, Assistant Secretary Form F4280-09-06 Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. ARtf CERTIFICATE OF LIABILITY INSURANCE OP ID CT �.� DATE(MM/DDIYYYY) 08/23/10 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S(, AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. 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). PRODUCER Teague Insurance Agency, Inc. License #0525512 4700 Spring St., 4th Floor La Mesa CA 91942 Phone:619-464-6851 Fax:619-464-1901 L,UN I A(.1 NAME: Stephanie Calhoun r (A/C, A/CCNo,EXt): 619-668-2392 J(NC,No): 619-668-4715 scalhoun@teagueins.com PRODUCE{ CUSTOMER ID*: BLUEP-2 INSURER(S) AFFORDING COVERAGE NAIC INSURED Shahram Elihu DBA: Blue Pacific Engineering & Construction 3770 Hancock Street, Ste. H San Diego CA 92110 INSURER A: Gemini Insurance Company INSURER B: INSURER C : INSURERD : INSURER E: INSURER F : OVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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 DESCR BED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR AUUL TYPE OF INSURANCE INSR SUtlR WVD POLICY NUMBER POLICY EFF (MM)DDIYYYY) POLICY EXP (MMIDDIYYYY) LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY X OCCUR X X VFGP001066 08/20/10 08/20/11 EACH OCCURRENCE $ 1,000,000 UAMAGG I V RtN I tU PREMISES (Ea occurrence) $ 50,000 CLAIMS -MADE MED EXP (Any one person) $ 5,000 -__ GEN'L PERSONAL & ADV INJURY $ 1,000,000 APPLIES GENERAL AGGREGATE $2,000,000 $ 2,000,000 AGGREGATE LIMIT POLICY X PRO - POLICY PER: LOC 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) $ $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ D DEDUCTIBLE RETENTION $ $ $ WORKERS COMPENSATION ANDEMPLOYERS' LIABILITY Y I N ANY PROPRIETORJPARTNER/EXECUTI OFFICER/MEMBER EXCLUDED? u (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N1A 1 WC SI ATU- OIH- TORY LIMITS ER E.L. EACH ACCIDENT $ E L DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS( LOCATIONS! VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) Re:National City Cultural Arts Center LandscapeImprovements Specification#0S-17. The City of National City is included as additional insured with respects to General liability per forms CG20371001 & CG20101001 with waiver of subro ation per form CG24041D93. Primary & non contributory wording applies per form VEU3581108. CERTIFICATE HOLDER CANCELLATION 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, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE -. /1 ACORD 25 (2009/09) The ACORD name and logo are 01 RD CORPORATION. All rights reserved. e ed marks of ACORD CG 2037 10 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: AS REQUIRED BY WRITTEN CONTRACT. COVERAGE AFFORDED UNDER TI-IIS ENDORSEMENT APPLIES STRICTLY TO PROJECTS COMMERCIAL IN NATURE. Location And Description of Completed Operations: TBD Additional Premium:INCLUDED (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Section II — Who is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" at the location designated and described in the schedule of this endorsement performed for that insured and included in the "products -completed operations hazard". CG 2037 10 01 Page 1 of 1 CG 201010 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name of Person Or Organization: AS REQUIRED BY WRITTEN CONTRACT. COVERAGE AFFORDED UNDER THIS ENDORSEMENT APPLIES STRICTLY TO PROJECTS COMMERCIAL IN NATURE. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement) A... Section II — Who is An Insured is amended to include as an insured the person or organization sliown.in the; Schedule,, but only with respect to liab lityarising out of your ongoing operations performed forthathnsured' B. With respect to the insurance afforded to these additional insureds, the following exclusion is added: 2. Exclusions This insurance does not apply to "bodily injury" or "property damage" occurring after; (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG20101001 Page I of 1 CG 24 04 10 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: AS REQUIRED BY WRITTEN CONTRACT (lf no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV —COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard". This waiver applies only to the person or organlzation shown in the Schedule above. CG 24 04 10 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 VE03581108 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY/NONCONTRIBUTORY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART If you are required by a written contract to provide primary insurance then this policy shall be primary and non-contributory and condition 4, Other Insurance, as shown under Section IV on form CG 00 01 12 07, does not apply but nnly with respect to coverage provided by this policy for the additional named insured in the schedule. Additional Premium: INCLUDED VE 03 58 11 08 Page 1 of 1 CERTHOLDER COPY STATE COMPENSATION INSURANCE FUND ISSUE DATE: 08-23-2010 CITY OF NATIONAL CITY P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE 1243 NATIONAL CITY BLVD NATIONAL CITY CA 91950-4301 GROUP: 000497 POLICY NUMBER: 0001318-2009. CERTIFICATE ID: 9 CERTIFICATE EXPIRES: 03-01-2011 03-06-2010/03-01-2011 SD JOB:CULTURAL ARTS CENTER LANDSCAPE IMPROVEMENTS This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 10 days advance written notice to the employer. We will also give you 10 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. thorized Representative Interim President and CEO UNLESS INDICATED OTHERWISE BY ENDORSEMENT, COVERAGE UNDER THIS POLICY EXCLUDES THE FOLLOWING: THOSE NAMED IN THE POLICY DECLARATIONS AS AN INDIVIDUAL EMPLOYER OR A HUSBAND AND WIFE EMPLOYER; EMPLOYEES COVERED ON A COMPREHENSIVE PERSONAL LIABILITY INSURANCE POLICY ALSO AFFORDING CALIFORNIA WORKERS' COMPENSATION BENEFITS; EMPLOYEES EXCLUDED UNDER CALIFORNIA WORKERS' COMPENSATION LAW. EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. EMPLOYER ELIHU, SHAHRAM 3770 HANCOCK ST STE H SAN DIEGO CA 92110 SD [B13,SD] SD (REV.1.2010) PRINTED : 08-23-2010 Ac Ro D CERTIFICATE OF LIABILITY INSURANCE DATE (MM+ODPO YY) OtW2012010 THIS CERTIFICATE I5 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pelicy(les) must be endorsed. 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 endorsomont(s). PRODUCER THE HARTLEY COMPANY 1360 ROSECRANS STREET SAN DIEGO INSURED CA 92106 SHAHRAN ELI HU DBA. BLUE PACIFICV ENGINEERING 3770 HANCOCK STREET RH SAN DIEGO CA 92110-432? NAME: 1HE HARTLEY COMPANY AN NC..NP. UM. (619)222-0336._.._ FAX Nap (619)222-4136 EMAIL PRODUCE: hrian.hciltshcglaoaLnet CUSTOMER CUSTOMER ID INSURER'S) AFFORDING COVERAGE INSURER A: INSURERe MERCURY CASUALTY COMPANY INSURER C : INSURER D: INSURER e INSURER F NAIL COVERAGES CERTIFICATE NUMBER: • 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. TINE INSOHANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCWSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IL SUR TYPE OF INSURANCE AWL SUER I POLICY EFF POUCY EXP- -- --- INSR''. WVD POLICY NUMBER (MMOD)YYYYI (MSVOOPOPYY) LIMO GENERAL LIABILITY (EMMERC(AL DEN AI IA9ILI-} r.LAIM3-MAD Of -CUD �� GEY ADGRCGATEL41II APPIES PI-R JFG' IOC - E4GH°CCLHREIW:F. _ oRE'DAMAGE TOIiEN MISES E enrn MF _ LXP (Any rna person) SON A ACV INJURY AC,GREGATE PROOUCI9-CGMPIQP A.X. S S E E 5 5 _. AUTOMOBILE LIABILITY R ANY ALIT3 (' jI I A LL 0.1a,FC AUTos X SC Iff0ULEO AL 'OS X I HIRED AI-TuS NCN CWNF.O 1,.., ✓ CC, 000091E I^) .. 09t2412009 09I2412011 GOM9.NE05IN(i,E LIMIT ,rF GnImY rvJl. iltrer Pe*can, LT.1Y NJLR War acr+nan FRDPERTY Dr,MAGE 14 er.Cijonll 5 .-. S s 1 WO NO 1,00,0000 1,000, 000 -... 1 000 000 UMBRELLA LBW rl;;c' U EXCESS LIA6 CL4'MSM+.5) I)=X IC TIDY �i�� ',. REti;NTION E '.. l ( - 4y<iRl�tiaAl [. 5 .. S WORKERS COMPENSATION EMPLOYERS LIABILITY V 1 H ENY PROPRIET(MTARTNE8!EY.ECUTI'✓E' -1 OFFICER MEMBER EXCLUDED� NIA IManoaloryInNH) 1 I yes. ,i.sc l� under F PP,AI L,R(11,1,11, Nnesie '.'SrATII- 'LT; ,'C,fiY IA41t5 '_ art Et :fiCil AL4CILFNi _- -- E i ?�5"efSE EA EMPLOYEE EL 3SEASE P(),. ILY LIMIT ,.-- -5 5 S DESGHIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD )01, Add. onal Revd,' Schedule 41 more space Is re834redi PUBLIC TRAINING BUILDING NTC M 105018 CERTIFICATE HOLDER CANCELLATION CITY OF SAN DIEGO 1200 THIRD AVENUE SUITE H SAN DIEGO CA 02110 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED MI ACCORDANCE WITH THE POLICY PROVISIONS_ AUTHORIZED REP . ,✓"-) - !` C- A C ORD 25 (2009/09) ©1988- 20DB ACORD CORPO TI The ACORD name and logo a e registered marks of ACORD All rights reserved. 09/28/2010 11:21 6132224138 HARTLEVCOMPANY #1534 P.001/001 A R CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 08/20/2010 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSUREP, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED. subject to the terms End Conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to tho certificate holder In lieu of such endorsementls). PRODUCER (619)222-0336 The Hartley Company 1360 Rosecrans Street Suite A San Diego, CA 92106 INSURED SHAHRAN ELIHU DBA: BLUE PACIFIC ENGINEERING 3770 HANCOCK STREET #H SAN DIEGO. %69211O.4327 COVERAGES (619)222-4138 CONTACT The Hanley y Compa0y "tn"ra°."aRiu.r:Xa' (619)222-0336 Wass kathvhciOsbcglobal.net INSURER A : INSURER'S) AFFORDING COVERAGE (n/c. Nor. (6191222-4138 NAIL _NsuRERe:i1JIERCURY CASUALTY CO_ MPANY INSURER c INSURER D INSURER E INSURER F THIS IS TO CERTIFY THAT THE POLICIES INDICATED. NOTWITHSTANDING ANY REQUIREMENT, CERTIFICATE MAY BE ISSUED OR MAY EXCLUSIONS AND CONDITIONS OF SUCH OF PERTAIN, POLICIES. AMISR INSURANCE ww LISTED BELOW HAVE SEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I-SRR TYPE OFINSURANCX POLICY NUMBER ISIUW MMIGOIYYYVI f POLICY LIMITS GENERAL LIABILITY CQMMERCIALGENERALLIABILI7Y u OCCUR EACH OCCURRENCE -alTA-GE-TOFfE17YED $ occur/annul,p,r ...-.-- $ CLAIMS -MADE mEDEREEXP (Any MEO EXp (Any ono persrn) E PERSONAL SADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER! POLICY ,TA n LOC PRODUCTS- COMP/OP AGC E $ 8 AUTOMOBILELIARILlTY ��/' V / Y ANY AUTO ALL OWNED AUTOS HREG AUTOS SCHEDULED _ AUTOS NON -OWNED _... AUTOS 7 ✓ CC 0000915 09/24/2009 09/24/2011 ftcral 91NGLELIMIT $1,000,000..._-_.. $ EDDILY INJURY(Per person) BODILY INJURY (Per accident) $ PROPERTY DAMAGE -(EWAPM51P(14 5 $ UMBRELLA LIAR EXCESS LIAB O OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE 5 DED RETENTION$ $ WORKERSCO$IPENSATION ANO EMPLOYERS' LUIBILITY Y I N ANY PROPRIETOR/PARTNER/EXECUTIVE CFFICERIMEMBER EXCLUDED? L. (M•ndatery In NH) DESCRld P 'ION OF eOPERATIONS'e(Ow N/A 1 WCSTATU- OYH- TORY LIMBS ER E.L, EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE -POLICY LIMIT 5 DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES (Mho' ACORp 10r, Adelldmnl Rent$. $elldldo, N morel spats M Ysiodre I) NATIONAL CITY CULTURAL ARTS CENTER LANDSCAPE INPROVEMENTS SPECIFICATION # 09-17 CERTIFICATE HOLDER CANCELLATION NATIONAL CITY 1243 NATIONAL CITY BLVD NATIONAL CITY CA 91950 5HOULP ANY OF THE ABOVE DESCRIBED POLICES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, • ' - '(ILL BE DELIVERED IN ACCORDANCE WITH THE POLICY ' AUTHORRED NE - ' I 01988.2010 ACORD CORPORATO righs ed. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD 09/28/2010 11:12 6192224138 HARTLEYCOMPANY I•1I-r'. f\ I VUI'II'I I'II-I I U #1533 P.001/001 rM4k b1JU1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY CHANGES Poky Change POLICY NUMBER CCA0000915 Policy Tenn: 9/27110-9124111 POLICY CF1+ NCE$ EFFECTIVE 9/27/10 COMPANY Mercury Casualty Company NAMED INSURED She hram Elihu DBA: Blue Pacific Engineering AUTHORIZED REPRESEPJTATIVE CQVERAZE PARTS AFFECTED DES . It is agreed and understood that the following are listed as additional insureds as covered by this policy: National City, its officials and employees 1243 National City Blvd National pity, CA 81950 Re: National City Cultural Arts Center Landscape improvements Specification #09-17 } I1-12011185 AultweiZecl Representative Signature copyright (Insurance SeerOcea Otte, Iftc., 198.3 Pale 1 of 1 C Copyright, ISO Commercial Risk Service*, Inc., 1983 RESOLUTION NO. 2010 — 190 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO BLUE PACIFIC ENGINEERING FOR THE BASE BID AMOUNT OF $51,152.50, AND APPROPRIATING AN ADDITIONAL 25% FOR CONTINGENCIES TO COMPLETE THE NATIONAL CITY CULTURAL ARTS CENTER LANDSCAPE IMPROVEMENTS PROJECT, AND AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT WHEREAS, the Engineering Department, in open session on July 27, 2010, did publicly open, examine, and declare two sealed bids for the National City Cultural Arts Center Landscape Improvements Project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for the National City Cultural Arts Center Landscape Improvements Project to the lowest responsive, responsible bidder, to wit: BLUE PACIFIC ENGINEERING 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 for the base bid amount of $51,152.50 with Blue Pacific Engineering for the National City Cultural Arts Center Landscape Improvements Project. Said contract is on file in the office of the City. BE IT FURTHER RESOLVED that the City Council of the City of National City authorizes the appropriation of an additional $12,790 allocated for unforeseen changes. PASSED and ADOPTED this 17th day of August, 2010. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APROVED AS TO FORM: laudia City Attorne Passed and adopted by the Council of the City of National City, California, on August 17, 2010 by the following vote, to -wit: Ayes: Councilmembers Morrison, Sotelo-Solis, Van Deventer, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California N h City Clerk of the City o National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2010-190 of the City of National City, California, passed and adopted by the Council of said City on August 17, 2010. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 17, 2010 AGENDA ITEM NO. 11 ITEM TITLE: A Resolution of the City Council of National City awarding a contract to Blue Pacific Engineering for the base bid amount of $51,152.50 to complete the City's Cultural Arts Center Landscape Improvements and authorizing the Mayor to execute the contract (Funded by Tax Increment Fund) PREPARED BY: Din Daneshfar DEPARTMENTent Svcs/ En ineering PHONE: 619-336-4387 APPROVED B �.�`l/ igee,/ EXPLANATION: See attached explanation. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS The funds are available from Account No. 511-409-500-598-3744 ($125,000). Twenty five percent of the total contract amount (approximately $12,790) will be allocated for contingencies per the "GREEN BOOK" adopted by the City of National City. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A "TTACHMENTS: .. Explanation 2. Resolution 3. Bid Information C�Eso�vt�o-. No. a010.“c\p 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 October 12, 2010 Mr. Shahram Eliho Blue Pacific Engineering 3770 Hancock Street, Suite H San Diego, CA 92110 Dear Mr. Eliho, On August 17th, 2010, Resolution No. 2010-190 was City Council of the City of National City, awarding Engineering. We are enclosing for your records a certified copy of fully executed original Contract. Sincerely, Michael R. Dalla, CMC City Clerk Enclosures cc: Engineering Dept. passed and adopted by the a Contract to Blue Pacific the above Resolution and a