Loading...
HomeMy WebLinkAbout2011 CON Green Mechanical - Chiller Replacement' National City Chiller Replacement Project Specification No. 11-01 CONTRACT NATIONAL CITY CHILLER REPLACEMENT Specification No. 11-01 THIS CONTRACT, made and entered into this July 19, 2011 by and between the City of National City, California, herein after designated as the "City", and Green Mechanical Contractors, hereinafter designated as the "Contractor'. WITNESSETII: 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 CIIILLER REPLACEMENT Specification No. 11-01 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 lump sum price, or if the bid is on the unit price basis, the total price for the several items furnished pursuant to the specification, named in the bidding sheet of the proposal, as the case may be. 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. 19 National City Chiller Replacement Project Specification No. 11-01 CONTRACT (CONTINUED) NATIONAL CITY CHILLER REPLACEMENT Specification No. 11-01 4. The Notice Inviting Bids, Instructions To Bidders, Bid Proposal, Bonds, The Plans and Specifications, General Provisions and Special Provisions, and all amendments thereof, arc hereby incorporated in and made part of this Contract. 5. The Contractor shall assume the defense of and indemnify and save harmless the City of National City and its officers, employees, and agents, including the private engineer, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from this Contract, or the perforniance of the work, regardless of responsibility or negligence. 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. 20 National City Chiller Replacement Project Specification No. 11-01 CONTRACT (CONTINUED) NATIONAL CITY CHILLER REPLACEMENT Specification No. 11-01 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed in three counterparts, each of which shall be deemed an original the day and year first above written. CONTRACTOR. By: Title: CITY: MM 000 T Tor1e5 By: CTuanT vn,rei Title: Federal ID. No. .1 By: Title: Mayor, City of National City ATTEST: By: Title: City Clerk, City of National City (Notary acknowledgement of execution by all PRINCIPALS OF CONTRACTOR must be attached.) 21 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Californi County of Esf10 On personally appeared KELLY FITZWATER Commission # 1879941 Notary Public - California San Diego County My Comm. Expires Feb 12.2014 Place_ Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS m •_ and official seal. Signature OPTIONAL Though the information below is not required by law it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Notary Public Capacity(ies) Claimed by Signer(s) Signers Name: ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited E General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINr. Top of thumb here Signer's Name: ❑ Individual • Corporate Officer—Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney In Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT Top of thumb here ©200National Notary Association • 5250 De Sop Ave., PO. Bor. 2402•Chatswortt, CA P1313-2402• eev+-NatlonalNotaryorrd Item P5907 Reorder. Call Toll-Free-500-576-6E27 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California 4/1- On ///�� Date County of personally appeared v before me, jaAeN IllVerl 4fi).1 t' Here Insert Name anc Title al the fficer a-mr r-t,3 Names) of Sl9narls) KELLY FITZWATER Commission 0 1879941 Notary Public - California 'z'� San Diego County M�Comm.Ex iresFeb 12,2014E Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand a.. off ial -al. Signat OPTIONA Signature ' otary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document, Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: E Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General Attorney in Fact Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT. Top of thumb here Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT "' OFSIGNER" Top of thumb here _ C2007 National Notary Association- 9350 De Soto Ave PC. Box 2402•Cha"sworth, CA 9r3132402• www.NatiocalNotaryorg Item#5907 Reorder:CallToll-Free 1-800-876-6927 National City Chiller Replacement Project Specification No. 11-01 CONTRACT (CONTINUED) NATIONAL CITY CHILLER REPLACEMENT Specification No. 1 1-01 CORPORATE CERTIFICATE 1,Sian J 'Pam re, z Contractor in the foregoing Contract; that contr t , on behalf (esicI.e - was duly signed for and in behalf of sa scope of its corporate powers. certify that f_Anci the Secretary of the Corporation named as Tal J• YYi1 rez , who signed said of the Contractor, was then of said Corporation; that said contract d Corporation by authority of its governing body and is within the certify that I am -7� e Secretary of the Corporation named as Contractor in the foregoing Contract; that NI lcf)ae) 1 . Jores , who signed said contract on behalf of the Contractor, was then CEOof 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. 1, Juan i I rnirez Corporate Seal: 22 National City Chiller Replacement Project Specification No. 11-01 PAYMENT BOND NATIONAL CITY CHILLER REPLACEMENT Specification No. 11-01 Bond No.:20-5UR-213240 Premium: Included in Performance Bcpjeipjum will be adjusted based on final contract price Issued in Triplicate KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City Council of the City of National City, by Resolution No. 2011-158, passed the 19'h day of July, 2011 has awarded to Green Mechanical Contractors, hereinafter designated as the "Principal", the National City Chiller Replacement, Specification No. 11-0I. 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 American Safety Casualty 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 Four Hundred Fifteen Thousand. Thirty Eleht Dollars and No/100 ($415.038.00) 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 OP 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 suitis brought upon this bond, a reasonable attomey's fee, to be fixed by the Court. This Bond shall inure to the benefit of any of the persons named in Section 318I 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. 27 National City Chiller Replacement Project Specification No. 11.01 PAYMENT BOND (CONTINUED) NATIONAL CITY CHILLER REPLACEMENT Specification No. 11-01 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 17th day of August , 201 I. American Safety Casualty In rncce Compan (SEAL) Mechanical Contractors (SEAL) V ( EAL) � (SEAL) Cyst z Beilman, Attorney -in -Fact (SEAL) (SEAL) Surety Principal 28 National City Chiller Replacement Project Specification No. 11-01 PAYMENT BOND (CONTINUED) NATIONAL CITY CHILLER REPLACEMENT Specification No. 11-01 ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF COUNTY OF ) On this day of . 2011, before me, the undersigned, a Notary Public in and for said County and State, personally appeared known to me to he the person whose name Is subscribed to the within instrument as the attorney -in -fact of the the corporation named as Surety in said instrument, and acknowledged to me that he subscribed the name of said corporation thereto as Surety, and his own name as attorney -in -fact. )ss 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: ***SEE ATTACHED ACKNOWLEDGMENT*** Name (Type or Print): (Notary Public in and for said County and State) My Commission expires: APPROVED AS TO FORM: Date: Vi/4 G. SILVA City 'R'.rney 29 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of San Diego On August 17, 2011 Date personally appeared } before me, Dana L. Michaelis. Notary Public Here Insert Name and Title of the Officer Cyndi Beilman Name(s) of Signer(s) DANA L. MICHAELIS Commission # 1800513 Notary Public - California San Diego County My Comm. Expires Jun 27. 2012 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(g) whose names j is/ars subscribed to the within instrument and acknowledged to me that 1iedshe/tkey executed the same iniats/her/t1Qe4r authorized capacity(fets), and that byiois/her/timixsignature(x) on the instrument the person(xt), or the entity upon behalf of which the person(2) 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 h id'nd official sal. Signature �4U Signature of Notary Public Dana L. Michaelis OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s): ❑ Partner — ❑ Limited ❑ General RI Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here ❑ Individual ❑ Corporate Officer—Title(s): O Partner — ❑ Limited 0 General O Attorney in Fact ❑ Trustee ❑ Guardian or Conservator O Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here NUMBER ASB-522473 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that American Safety Casualty Insurance Company has made, constituted and appointed, and by these presents does make, constitute and appoints CYNDI BEILMAN, ANNE WRIGHT EL CAJON, CA its true and lawful attorney -in fact; for it and its name, place, and stead to execute on behalf of the said Company, as surety, bonds, undertaking and contracts of suretyship to be given to ALL OBLIGEES provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of ***ONE MILLION***($1,000,000.00) DOLLARS*** This Power of Attomey is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company of the 6h day of August, 2009. RESOLVED, that the President in conjunction with the Secretary or any Assistant Secretary may appoint attorneys -in -fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the Company, to execute and deliver and affix the seal of the Company to bands, undertakings, rec ognizances, and suretyship obligations of all kinds; and said officers may remove any such attorney -in - fad or agent and revoke any power of attomey previously granted to such persons. RESOLVED FURTHER, that anybond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the company when: (i) when signed by the President or any Vice -President and attested and sealed (if a seal is required) by any Secretary or Assistant Secretary or (ii) when signed by the President or any Vice -President or Secretary or Assistant Secretary, and counter -signed and sealed (if a,seal is required) bya duly authorized attorney -in -fact or agent or (iii) when duly executed and sealed (if,a seal is required) by one or more attemey-in-fact Or agents pursuant to and within the Smits of the authority evidenced by the power of attorney issued by the Company to such person or persons. RESOLVED FURTHER, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking; recognizance, or other suretyship obligations of the Company; and such signature and seal when so used shall have the same force and effects as though manually affixed. IN WITNESS WHEREOF, American Safety Casualty Insurance Company has caused its official seal to be hereunto affixed, and these presents to be signed by its President and attested by its Secretary this 6th day of August, 2009 STATE OF GEORGIA COUNTY OF COBB ) On this 6th day of August, 2009, before me personally came Joseph D. Scotto, Jr., to me known, who, being by me duly sworn, did depose and say that he is the President of American Safety Casualty Insurance Company, the corporation described in and which executed the above instrument that he knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; that is was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. JAMtBAYLEY Co .ubic. BA F pins Peg, 13, 2012 Jami c = iley, Notary Public I, the undersigned, Secretary of American Safety Casualty Insurance Company, an Oklahoma corporation, DO HEREBY CERTIFY, that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore that the Resolution of the Board of Directors, set forth. in the said Power of Attorney, is now in force. Signed and sealed in the City of Atlanta, in the State m Gem gza ,�=" .vw, Dated. this 17 day of August , 2011 Ambuj Jain ORIGINALS OF THIS POWER OF ATTORNEY ARE PRINTED WITH RED NUMERICAL NUMBERS DUPLICATES SHALL HAVE THE SAME FORCE AND EFFECT AS AN ORIGINAL ONLY WHEN ISSUED IN CONJUNCTION WITH THE ORIGINAL National City Chiller Replacement Project Specification No. 11-01 PERFORMANCE BOND NATIONAL CITY CHILLER REPLACEMENT Specification No. 11-01 Bond No.:20-SUR-213240 Premium: $9,301.00 Pittniti a wW be adjusted based on final contract price Issued in Triplicate KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City Council of the City of National City, by Resolution No. 2011-158, passed the 19th day ofJuly, 2011 has awarded to Green Mechanical Contractors, hereinafter designated as the "Principal", the NATIONAL CITY CHILLER REPLACEMENT, Specification No. 11-01 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 American Safety Casualty 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 Four Hundred Fifteen Thousand, Thirty -Eight Dollars and no/100 ($418.038.00 ) lawful money of the United Slates, 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 herein 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. 24 National City Chiller Replacement Project Specification No. 11-01 PERFORMANCE BOND (CONTINUED) NATIONAL CITY CHILLER REPLACEMENT Specification No. 11-01 In the event suit is brought upon this bond by the City of National City and judgment is recovered, the surety shall pay all costs incurred by the Council in such suit, including a reasonable attorney's fee to be fixed by the Court. IN WITNESS WHEREOF three identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the American Safety Casualty I ance Company Cy[idi Beilman, Attorney -in -Fact Surety APPROVED AS TO FORM: Date: 1) (1-3/a (SEAL) 17th day of August ,2011. actors (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) Principal By: 25 AG.S'I A City Attorney STATE OF COUNTY OF National City Chiller Replacement Project Specification No. 11-01 PERFORMANCE BOND (CONTINUED) NATIONAL CITY CHILLER REPLACEMENT Specification No. 11-01 ATTORNEY -IN -FACT ACICNOWLEDCEMENT OF SURETY ) ) )ss On this , 2011, before me, the undersigned, a Notary Public in and for said County and State, personally appeared known to me to be the person whose name is subscribed to the within instrument as the attorney -in -fact of the the named as Surety in said instrument, and acknowledged to me that he subscribed the ncamee of said corporation thereto as Surety, and his own name as attorney -in -fact NOTE: Signature of those executing for Surety NOTE: The Attorney -in -fact must attach a must be properly acknowledged. certified copy of the Power of Attorney. 1 Signature: ***SEE ATTACHED ACKNOWLEDGEMENT*** Name (Type or Print): Notary Public in and for said County and State My Commission expires: 26 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of San Diego On August 17, 2011 Date personally appeared } before me, Dana L. Michaelis. Notary Public Here Insert Name and Title of the Officer Cyndi Beilman Name(s) of Signer(s) DANA L. MICHAELIS Commission # 1600513 Notary Public - California San Diego County My Comm. Expires Jun 27, 2012 t Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(x) whose name* is/ate subscribed to the within instrument and acknowledged to me thaticreshe/tkey executed the same in fiats/her/ttae:1r authorized capacity(1eX), and that bytis/her/tifleixsignature(a) 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 ha nd official seal. - Signature ; .'{.,G,_ (k f%44-((Fi2-�'c--,� _, Sig to of Notary Public Dana L. Michaelis OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s): ❑ Partner— ❑ Limited ❑ General 21 Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer's Name:__ ❑ Individual O Corporate Officer — Title(s): O Partner— ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee O Guardian or Conservator O Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here AMERICAN SAFETY INSURANCE POWER OF ATTORNEY NUMBER ASB-522472 KNOW ALL MEN BY THESE PRESENTS, that American Safety Casualty Insurance Company has made, constituted and appointed, and by these presents does make, constitute and appoints CYNDI BEILMAN, ANNE WRIGHT EL CAJON, CA its true and lawful attomey-in-fact, for it and its name, place, and stead to execute on behalf of the said Company, as surety, bonds, undertaking and contracts of suretyship to be given to ALL OBLIGEES provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sure of ***ONE MILLION***($1,000,000.00) DOLLARS*** This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company of the 6"' day of August, 2009. RESOLVED, that the President in conjunction with the Secretary or any Assistant Secretary may appoint attorneys -in -fact oragents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the Company, to execute and deliver and affix the seal of the Company to bands, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove any such attorney -in - fact or agent and revoke any power of attorney previously granted to such persons, RESOLVED FURTHER, that any bond, undertaking, recognizance; or suretyship obligation shall be valid and binding upon the company when: (i) when signed by the President or any Vice -President and attested and sealed (if a seal is required) by any Secretary or Assistant Secretary or (ii) when signed by the President or any Vice -President or Secretary or Assistant Secretary, and counter -signed and sealed (if a seal is required) by a duly authorized attorney -in -fact or agent or (iii) when duly executed and seated (if a seal is required) by one or more attorney -in -fact or agents pursuant to and within the limits of the authority evidenced by the power of attorney issued by the Company to such person or persons, RESOLVED FURTHER, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attomey or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company; and such signature and seal when so used shall have the same force and effects as though manually affixed. IN WITNESS WHEREOF, American Safety Casualty Insurance Company has caused its official seal to be hereunto affixed, and these presents to be signed by its President and attested by its Secretary this Bth day of August, 2009 Ambuj Jain -� STATE OF GEORGIA ) ) COUNTY OF COBB ) On this 6e day of August, 2009, before me personally came Joseph D. Scollo, Jr., to me known, who, being by me duly sworn, did depose and say that he is the President of American Safety Casualty Insurance Company, the corporation described in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; that is was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. JAM, BAILEY liolary P1610 KO ( .. t3A C<rmmfesiort &phis Aug, 13, 20t2 I, the undersigned, Secretary of American Safety Casualty Insurance Company, an Oklahoma corporation, DO HEREBY CERTIFY, that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore that the Resolution of the Board of Directors, set forth in the said Power of Attorney, is now in force. Signed and sealed in the City of Atlanta, in the State of Georgia ='. ";';,:, Dated this .17 day of Augus t . 2011 Ambuj Jain ORIGINALS OF THIS POWER OF ATTORNEY ARE PRINTED WITH RED NUMERICAL NUMBERS DUPLICATES SHALL HAVE THE SAME FORCE AND EFFECT AS AN ORIGINAL ONLY WHEN ISSUED IN CONJUNCTION WITH THE ORIGINAL OP ID: MM Aco�Ro. CERTIFICATE OF LIABILITY INSURANCE DAT07/20/ 1 E rr> 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 858-452-2200 Wateridge Insurance Services 858-452-6004 10717 Sorrento Valley Rd. San Diego, CA 92121 Hulquist Insurance Svcs.,Inc. NAME: CONTACT PHONEFAX (A/C No Ext.): (NC, No): E-MAIL ADDRESS: PRODUCER GREENB5 CUSTOMER ID #: INSURER(S) AFFORDING COVERAGE NAIC # INSURED Green Building Technologies, Inc. dba: Green Mechanical Contractors 930 South Andreasen Dr. Ste A Escondido, CA 92029 INSURER A: Golden Eagle Insurance Corp. 10836 NsuRERe:CastlePoint National Ins. Co. 40134 INSURER C : INSURER o: INSURER E : INSURER F • Liu V C KHLU GO VLr. 11r I Vf111..\V,.,V...,.. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES- LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY X CBP8850075 07101111 07/01/12 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) $ 500,000 X MED EXP (Any one person) $ 10,000 CLAIMS -MADE X OCCUR PERSONAL & ADV INJURY $ 1,000,000 X Contractual Liab. GENERAL AGGREGATE $ 2,000,000 GEN'L PRODUCTS - COMP/OP AGG $ 2,000,000 AGGREGATE LIMIT POLICY rX APPLIES PER: Emp Ben. $ 1,000,000 LOC A AUTOMOBILE X JFCPROT LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS X BA8850175BODILY 07/01/11 07/01/12 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 INJURY (Per person) $ BODILY INJURY (Per accident) $ _ X PROPERTY DAMAGE (Per accident) $ X A UMBRELLA LIAB EXCESS LIAB X I OCCUR CU8850275 07/01/11 07/01/12 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 CLAIMS -MADE $ DEDUCTIBLE RETENTION $ B WORKERS AND ANY OFFICER/MEMBER (Mandatory If yes, COMPENSATION EMPLOYERS' LIABILITY PROPRIETOR/PARTNER/EXECUTIVE EXCLUDED? in NH) describe under OF OPERATIONS Y/ NI N E.L. DISEASE - EA EMPLOYEE 1 OOO,OOO $ 1 E.L. DISEASE - POLICY LIMIT $ 1,000,000 A Equipment Floater CBP8850075 07/01/11 07/01/12 Leased 60,000 Rented Eq DESCRIPTION THE EMPLOYEES PER GECA701(01107). OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, it more space Is required) CITY OF NATIONAL CITY, ITS ELECTED OFFICIALS, OFFICERS, AGENTS AND ARE NAMED AS ADDITIONAL INSURED WITH RESPECT TO GENERAL LIABILITY ATTACHED CG2010 07/04 & AUTO WITH RESPECT TO AUTO LIABILITY PER WORKERS COMPENSATION WAIVER APPLIES PER WC-04-03-06 CERTIFICATE HOLOtK THE CITY OF NATIONAL CITY ATTN: PURCHASING DEPT. 1243 NATIONAL CITY BLVD NATIONAL CITY, CA 91950 1 CITYOFN `f^1\., ..— 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 �� 4: /'- ... a T.f\al A11 . �.6+. • mall ACORD 25 (2009/09) -Lllit `J MI�URIJ VVRr Vr\f111V 1\• rtll IIY1,w ,,...u.. v... The ACORD name and logo are registered marks of ACORD GREEN BUILDING TECHNOLOGIES, INC. POLICY NUMBER: CEP8850075 COMMERCIAL GENERALLIA 0704 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 SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): ALL PERSONS OR ORGANIZAIONS WHERE REQUI— RED BY WRITTEN CONTRACT WITH THE NAMED INSURED Location(s) Of Covered Operations Information required to complete this Schedule, if not shown A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operationsfor desig- nated additional insured(s) at the location(s) above. above, will be shown in the Declarations. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply, This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment 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 location 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 in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 OO ISO Properties, Inc., 2004 Page 1 of 1 GREEN BUILDING TECHNOLOGIES, INC. POL #. BA8850175 COMMERCIAL AUTO GOLD ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SECTION II - LIABILITY COVERAGE A. COVERAGE 1. WHO IS AN INSURED The following is added: d. Any organization, other than a partnership or joint venture, over which you maintain ownership or a majority interest on the effective date of this Coverage Form, if there is no similar insurance available to that organization. e. Any organization you newly acquire or form other than a partnership or joint venture, and over which you maintain ownership of a majority interest. However, coverage under this provision does not apply: (1) If there is similar insurance or a self -insured retention plan available to that organization; or (2) To "bodily injury" or ''property damage" that occurred before you acquired or formed the organ ization. f. Any volunteer or employee of yours while using a covered "auto" you do not own, hire or borrow in your business or your personal affairs. Insurance provided by this endorsement is excess over any other insurance available to any volunteer or employee, Any person, organization, trustee, estate or governmental entity with respect to the operation, maintenance or use of a covered "auto" by an insured, if: (1) You are obligated to add that person, organization, trustee, estate or governmental entity as an additional insured to this policy by: (a) an expressed provision of an "insured contract", or written agreement; or (b) an expressed condition of a written permit issued to you by a govemmental or public authority. (2) The "bodily injury" or "property damage" is caused by an "accident" which takes place after: (a) You executed the "insured contract" or written agreement; or (b) the permit has been issued to you. 9• GECA 701 (01/07) Includes copyrighted material of Insurance Services Offices, Inc. with its permission Page 1 of 4 2. COVERAGE EXTENSIONS a. Supplementary Payments. Subparagraphs (2) and (4) are amended as follows: (2) Up to $2500 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "Insured" at our request, including actual loss of earning up to $500 a day because of time off from work. SECTION III - PHYSICAL DAMAGE COVERAGE A. COVERAGE The following is added: 5. Hired Auto Physical Damage a. Any "auto" you lease, hire, rent or borrow from someone other than your employees or partners or members of their household is a covered "auto" for each of your physical damage coverages. b. The most we will pay for "loss" in any one "accident" is the smallest of: (1) $50,000 (2) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (3) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. If you are liable for the "accident", we will also pay up to $500 per "accident" for the actual loss of use to the owner of the covered 'auto". c. Our obligation to pay for, repair, retum or replace damaged or stolen property will be reduced by an amount that is equal to the amount of the largest deductible shown for any owned "auto" for that coverage. However, any Comprehensive Coverage deductible shown in the Declarations does not apply to "loss" caused by fire or lightning. d. For this coverage, the insurance provided is primary for any covered "auto" you hire without a driver and excess over any other collectible insurance for any covered "auto" that you hire with a driver. 6. Rental Reimbursement Coverage We will pay up to $75 per day for up to 30 days, for rental reimbursement expenses incurred by you for the rental of an "auto" because of "loss" to a covered "auto". Rental Reimbursement will be based on the rental of a comparable vehicle, which in many cases may be substantially less than $75 per day, and will only be allowed for a period of time it should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your materials and equipment from the covered "auto". GECA 701 (01/07) Includes copyrighted material of Insurance Services Offices, Inc. with Its permission Page 2 of 4 If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under paragraph 4. Coverage Extension. 7. Lease Gap Coverage If a long-term leased "auto" is a covered "auto" and the lessor is named as an Additional Insured - Lessor, In the event of a total loss, we will pay your additional legal obligation to the lessor for any difference between the actual cash value of the "auto" at the time of the loss and the "outstanding balance" of the lease. "Outstanding balance" means the amount you owe on the lease at the time of loss Tess any amounts representing taxes; overdue payments; penalties, interest or charges resulting from overdue payments; additional mileage charges; excess wear and tear charges; and lease termination fees. B. EXCLUSIONS The following is added to Paragraph 3 The exclusion for 'loss" caused by or resulting from mechanical or electrical breakdown does not apply to the accidental discharge of an airbag. Paragraph 4 is replaced with the following: 4. We will not pay for "loss" to any of the following: a. Tapes, records, disks or other similar audio, visual or data electronic devices designed for use with audio, visual or data electronic equipment. b. Equipment designed or used for the detection or location of radar. c. Any electronic equipment that receives or transmits audio, visual or data signals. Exclusion 4.c does not apply to: (1) Electronic equipment that receives or transmits audio, visual or data signals, whether or not designed solely for the reproduction of sound, if the equipment is permanently installed in the covered "auto" at the time of the "loss" and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto"; or (2) Any other electronic equipment that is: (a) Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's"operating system; or (b) An integral part of the same unit housing any sound reproducing equipment described in (1) above and permanently installed in the opening of the dash or console of the covered "auto" normally used by the manufacturer for installation of a radio. D. DEDUCTIBLE The following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. GECA 701 (01/07) Includes copyrighted material of Insurance Services Offices, Inc, with its permission Page 3 of 4 SECTION IV. BUSINESS AUTO CONDITIONS A. LOSS CONDITIONS Item 2.a. and b. are replaced with: 2. Duties In The Event of Accident, Claim, Suit, or Loss a. You must promptly notify us. Your duty to promptly notify us is effective when any of your executive officers, partners, members, or legal representatives is aware of the accident, claim, "suit", or loss. Knowledge of an accident, claim, "suit, or loss, by other employee(s) does not imply you also have such knowledge. b. To the extent possible, notice to us should include: (1) How, when and where the accident or loss took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the accident or loss. The following is added to 5. We waive any right of recovery we may have against any additional insured under Coverage A. 1. Who Is An Insured g., but only as respects loss arising out of the operation, maintenance or use of a covered "auto" pursuant to the provisions of the "insured contract", written agreement, or permit. B. GENERAL CONDITIONS 9. is added 9. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Your unintentional failure to disclose any hazards existing at the effective date of your policy will not prejudice the coverage afforded. However, we have the right to collect additional premium for any such hazard. COMMON POLICY CONDITIONS 2.b. is replaced by the following: b. 60 days before the effective date of cancellation if we cancel for any other reason. GECA 701 (01/07) includes copyrighted material of Insurance Services Offices, loc. with its permission Page 4 of 4 Endorsement Effective Date: 0 7 / 01 / 2 011 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed, 4-84) 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 the person or organization named in the Schedule. (This agreement applies only to the extent that you per- form 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. The additional premium for this endorsement shall be 2 . 0 % of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Any person organization requesting waiver by contract Job Description placement by contractoronly 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.) Policy No. WCP--BC11766-11 Endorsement No. Policy Effective Date: 07/01/2011 to 07/01/2012 Insured: Green Building Technologies, Inc. (a corp) DBA: Green Mechanical Carrier Name/Code: CastlePoint National Insurance Company. WC 04 03 06 (Ed. 4-84) Premium $ Countersigned by Page 1 of 1 RESOLUTION NO. 2011 — 158 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO GREEN MECHANICAL IN AN AMOUNT NOT TO EXCEED $415,038 FOR PHASE 2A OF THE NATIONAL CITY CHILLER REPLACEMENT PROJECT, APPROPRIATING $41,503 FOR CONTINGENCIES, AND AUTHORIZING THE MAYOR TO EXECUTE SAID CONTRACT WHEREAS, the Engineering Department, in open session on June 30, 2011, did publicly open, examine, and declare one sealed bid for Phase 2A of the National City Chiller Replacement Project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for Phase 2A of the National City Chiller Replacement Project to the lowest responsive, responsible bidder, to wit: GREEN MECHANICAL BE IT FURTHER RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute a contract in the not to exceed amount of $415,038 with Green Mechanical for Phase 2A of the National City Chiller Replacement 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 $41,503 allocated for contingencies. PASSED and ADOPTED this 19th day of July, 201 on Morrison, Mayor ATTEST: Mic ael R. Della ity Clerk A'i' ROVED AS TO FORM: Cdia G.®va Ci y ttorn Passed and adopted by the Council of the City of National City, California, on July 19, 2011 by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Rios, Sotelo-Solis, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California ,a City Jerk of the Citof National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2011-158 of the City of National City, California, passed and adopted by the Council of said City on July 19, 2011. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT "1EETING DATE: July 19, 2011 AGENDA ITEM Na 16 ITEM TITLE: Resolution of the City Council of National City awarding a contract to Green Mechanical, in the amount not -to - exceed $415,038.00, for construction improvements for the National City Chiller Replacement Project, Specification 11-01 and authorize a contingency amount of $41,503 (10%). (funded Energy Efficiency Community Development Block Grant) PREPARED BY: Barby Tipton DEPARTMENT: Devel PHONE: 336-4583 APPROVED B: EXPLANATION: See attached -Engineering orks FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: Funds are available in a reimbursable expenditure accountl296-409-500-598-1591 (Chiller Replacement) ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A TTACHMENTS: 1. Explanation 2. Resolution 3. Bid Opening Sheet EXPLANATION: On March 16, 2010, Council approved a self -funded Comprehensive Energy Retrofit Program agreement wherein the City acquired and financed equipment and services from Honeywell Building Solutions to reduce energy use and/or to make for a more efficient use of energy. The payments to Honeywell Building Solutions for the upgraded equipment and services came from the realized energy savings. This overall Comprehensive Energy Retrofit Program had two phases. Phase 1 which Honeywell Building Solutions completed included items such as energy -efficient lighting, boiler replacement, cooling tower, solar thermal installation, building automation system and street lighting retrofit. In June 2009, in preparation for Phase 2 of the self -funded Comprehensive Energy Retrofit Program, the Public Works Department applied for and received an Energy Efficiency Community Development Block Grant (EECDBG) in the amount of $561,700 to replace the 40-year old chillers. These chillers are used to cool the Civic Center. The service life cycles for these types chillers is typically 20 years. The useful life of the chillers has long since passed. The remaining work planned under the self -funded Comprehensive Energy Retrofit Program, Phase 2 included: - Part 2A: Chiller Replacement - Part 2B: Chiller Control System (aka Air side) The Phase 2A, Chiller Replacements Project, is an energy retrofit project. The scope of work includes the following: • Demolition work - includes removal of the existing chillers, pumps and piping systems. • Provides two (2) energy efficient replacement chillers. • Provides new variable primary flow chiller, pumps & associated controls. • Provide premium efficiency motors & variable -frequency drives (vfd) on new pumps and motors • Provide refrigerant monitoring system along with ventilation exhaust system. • Electrical work associated with the proposed mechanical changes. • Provides for a temporary chiller including all necessary hot tapping associated with this work to maintain proper cooling for the building at all times if and when necessary. The EECDBG grant required that Honeywell Building Solutions be a sub -recipient of the grant; Honeywell Building Solutions declined. Because the grant also required that the Chiller portion be awarded by August 13, 2011, the City's only option was to follow the Public Contract Code requirements of advertising the project and awarding the contract to the lowest bidder. It was anticipated that Honeywell Building Solutions would complete Phase 2 (Part A & B) but because Honeywell Building Solutions would not accommodate the sub - recipient provision, the City must publicly bid and award both Part A & B of Phase 2 in accords with the Public Contract Code. On June 30, 2011, only one bid was received for Phase 2A, Chiller Replacement Project. The bidder was Green Mechanical. The bid amount was $415,038 and staff requests a contingency amount of $41,503 (10%) to cover any unforeseen changes. Phase 2B, is the Chiller Control System upgrade that is associated with Chiller Replacement project. It is important to note that Phase 2B (Chiller Control System upgrades) must also be in place in order to realize the full energy savings as required by the grant. Without Phase 2B, the City will not realize the energy requirements of the grant for Phase 2A. It is anticipated that the cost for Phase 2B, the Chiller Control System Project is approximated at $400,000. As a result of replacing the existing chillers with new efficient chillers and installing the control system, an overall annual savings of $24,009 is expected. This includes an annual energy savings of $9,961 and $14,097 in deferred capital costs associated with replacing the aging equipment'. Once Phase 2B is complete, the energy savings will total $17,912 annually. Funding is available from the Civic Center Seismic Retrofit appropriation and the City is researching the possibility of using 2011 Tax Allocation Bond funds to augment the costs. Staff recommends that the Resolution be adopted awarding the contract to Green Mechanical and appropriating the amount to cover the contract plus 10% contingency for a total $456,541 for the construction of the improvements as outlined above for the Chiller Replacement Project (Phase 2A) with the understanding that Phase 2B will need to be funded in the approximated amount of $400K in order to receive the reimbursable grant which is funding this contract. Preliminary Energy Audit Report —by Honeywell Building solutions, January 14, 2009 RESOLUTION NO. 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO GREEN MECHANICAL IN AN AMOUNT NOT TO EXCEED $415,038 FOR PHASE 2A OF THE NATIONAL CITY CHILLER REPLACEMENT PROJECT, APPROPRIATING $41,503 FOR CONTINGENCIES, AND AUTHORIZING THE MAYOR TO EXECUTE SAID CONTRACT WHEREAS, the Engineering Department, in open session on June 30, 2011, did publicly open, examine, and declare one sealed bid for Phase 2A of the National City Chiller Replacement Project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for Phase 2A of the National City Chiller Replacement Project to the lowest responsive, responsible bidder, to wit: GREEN MECHANICAL BE IT FURTHER RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute a contract in the not to exceed amount of $415,038 with Green Mechanical for Phase 2A of the National City Chiller Replacement 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 $41,503 allocated for contingencies. PASSED and ADOPTED this 19th day of July, 2011. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney CALIFORNIA +- N,p `i'ION11 L, Cit rivcoRpoRATED BID OPENING SPECIFICATION NUMBER: 11-01 PROJECT TITLE: NATIONAL CITY CHILLER REPLACEMENT PROJECT TIME: 3:00 P.M. ESTIMATE: $415,000 PROJECT ENGINEER: BARBY TIPTON NO. BIDDER'S NAME (PAGE 8) BID AMOUNT (PAGE 10 ) ADDENDA (PAGE 8) BID SECURITY (PAGE 12 -CHECK (PAGE 13 - BOND) 1. Green Building Technologies, Inc. dba Green Mechanical Contractors $414,038.00 #1 Check 930 S. Andreasen Drive, Ste. A Escondido, CA 92029 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 GREEN MECHANICAL CONTRACTORS Resolution No. 2011-158 Chiller Replacement Project Judy Hernandez (Engineering) Forwarded Copy of Agreement to Contractor