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HomeMy WebLinkAboutQuality Mechanical Professionals - Civic Police Department Computer Room Air Conditioning Project - 2011CONTRACT NATIONAL CITY CIVIC CENTER'S DATA CENTER REDUNDANT AC Specification No. 11-02 THIS CONTRACT, made and entered into this 5 day of NCVcMPte2011 by and between the City of National City, California, herein after designated as the "City", and City I1L1.EcrbAN, , 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 CIVIC CENTER'S DATA CENTER REDUNDANT AC Specification No. 11-02 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. CONTRACT (CONTINUED) NATIONAL CITY CIVIC CENTER'S DATA CENTER REDUNDANT AC Specification No. 11-02 4. The Notice Inviting Bids, Instructions To Bidders, Bid Proposal, Bonds, The Plans and Specifications, General Provisions and Special Provisions, and all amendments thereof, are 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 performance 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. CONTRACT (CONTINUED) NATIONAL CITY CIVIC CENTER'S DATA CENTER REDUNDANT AC Specification No. 11-02 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. CONTRACT CITY: 9 /z \.lfi<u71 h', YILJ�J Titk.: By: Title: 1-? ' , cac r s IL-Cr fie.- - i t_ 1��1-i�k V cz) Federai ID. No. 1 — ? I By: Title. City Manager, City of National City ATTEST: By: 'title: City Clerk, City of National City HOMAN RANK! Commission # 1906610 Notary Public - California San Diego County My Comm. Expires Oct 30, 2014 (Notary acknowledgement of execution by all PRINCIPALS OF CONTRACTOR must be attached.) r z z CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of On Il/tflr before me, /J % 1. tAt✓t j61 e, /i, (Here insert name and title of the officer) personally appeared LL K4 , vl )j ii �' �' C �� � , � it tt �, J r I' H 44 KA who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s),i Tare subscribed to the within instrument and acknowledged to me that hthhe/they executed the same in lamer/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 elicial Signature of Notary Public • HOMAN RAZUKI �j Commission # 1906610 zl ,fv;�)� Notary Public - California z ! .ta.,Y San Diego County My Comm Eip,,es Oct 30, 2014 (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) O Attorney -in -Fact ❑ Trustee(s) O Other • INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certfying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they- is /are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. S• Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. 4. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA v12.I0.07 800-873-9865 www.NotaryClasses.com CONTRACT (CONTINUED) NATIONAL CITY CIVIC CENTER'S DATA CENTER REDUNDANT AC Specification No. 11-02 CORPORATE CERTIFICATE I, Kid-LA,L pn1_-_,Av_o / certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that IIi 0-1 ylz-rA., , who signed said contract on behalf of the Contractor, was then Gf of said Corporation; that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers. I, P.t.I V-1-ydn1._ PCk-TA k./ certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that M r '+- ; ._ Pol—wa.e—ok.0 , who signed said contract on behalf of the Contractor, was then tR.'---t--A'-/ of said Corporation; that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers. Corporate Seal: CONTRACT (CONTINUED) NATIONAL CITY CIVIC CENTER'S DATA CENTER REDUNDANT AC Specification No. 11-02 PARTNERSHIP CERTIFICATE STATE OF COUNTY OF ) On this day of County and State, personally appeared: ) ss , 2011, before me, the undersigned, a Notary Public in and for said (Notary Seal) known to me to be of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. Signature: Name (Type or Print): (Notary Public in and for said County and State) My Commission expires: E4IIecuted in Triplicate National City Civic Center's Data Center Redundant AC Specification No. 11-02 PERFORMANCE BOND NATIONAL CITY CIVIC CENTER'S DATA CENTER REDUNDANT AC Specification No. 11-02 KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City Council of the City of National City, by Resolution No. N/A, passed the 1" day of November, 2011 has awarded to Quality Mechanical Professionals, hereinafter designated as the "Principal", the NATIONAL CITY CIVIC CENTER'S DATA CENTER REDUNDANT AC Sp`ecification No. 11-02. WHEREAS, said Principal is required under the terms of said contract to famish a bond for the failhful performance of said contract. Bond 4385278 Premium $950.00 NOW, THEREFORE, we, the Principal and SureTec Insurance Company as surety, are held and firmly bound unto the City Council of the City of National City, hereinafter called the. "Council", in the penal sum of Thritv Eight Thousand Dollars and No/100 ($38,000) 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 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 Civic Center's Data Center Redundant AC Specification No. 11-02 P RFORMANCE BOND (CONTINUED) NAITIONAL CITY CIVIC CENTER'S DATA CENTER REDUNDANT AC Specification No. 11-02 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 beffixed by the Court. IN WITNESS WHEREOF three identical counterparts of this instrument, each of which shall for all puiposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the 14 th day of November , 2011. Su. eTec Insurance Company (SEAL) Qual y Mechanical Professional(SEAL,), _ _(SEAL) <�_ —r (SEAL) David Melman (SEAL) \Jl"y'r,N y,xJ C.'i�:,) (SEAL) Attorney -in -Fact Surety APPROVED AS TO FORM: Date: By: Principal +3' + / IA G. S 15'1 City Attorney 25 National City Civic Center's Data Center Redundant AC Specification No. 11-02 PERFORMANCE BOND (CONTINUED) NATIONAL CITY CIVIC CENTER'S DATA CENTER REDUNDANT AC Specification No. 11-02 ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF COUNTY OF Ori;this , 2011, before me, the undersigned, a Notary Public in and for said County and State, personally appeared known to me to be the peison 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: Name (Type or Print): Notary Public in and for said County and State My Commission expires: 26 POA a: 510321 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Ron H. Ballard, Gloria S. Russell, Dave B. Roalkvam, David Melman, Pamela Bentley, Rainbow J. Rames its true and lawful Attorney -in -fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for: Five Million and 00/100 Dollars ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in -Fact may do in the premises. Said appointment shall continue in force until 12/31/2012 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-ia-Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 206 of April. 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 3rd day of September, A.D. 2010. SURETEC INSU ' E C ! PANY 4., , 4i' ' .1 By: m a w i John r Jr,, ' resident State of Texas ss: a' , Y e7 ° J i County of Harris On this 3rd day of September, A.D. 2010 before me personally came John Knox Jr., to me known, who, being by me duly sworn, did depose and say, that he resides in Houston. Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Hoard of Directors of said Company; and that he signed his name thereto by like order. s••;:F8'%%s" JACQUELYN MALDONADO '' ,; "= Notary Public, State of Texas c .fib My Commission Expires yt,,. May 18, 2013 ado, Notary Public des May 18, 2013 I, M. Brent Beaty, Assis ant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this 14th day of November , 2011 M. Brent Beaty, Assistant Secretary Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST. , A.D. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diego On November 14, 2011 before me, Ruth Alonso , Notary Public personally appeared David Melman who proved to me on the basis of satisfactory evidence to be the persons whose namefs) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacityfies), and that by his/her/their signatures) on the instrument the person(, or the entity upon behalf of which the persons) acted, executed the instrument. • RUTH ALONSO NOTARY PUBLIC - CALIFORNIA COMMISSION # 1926152 g SAN DIEGO COUNTY My Comm- Exp. February 19, 2015 I certify under PENALTY OF PURJURY under the laws of the state of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER n PARTNER(S) ❑ MEMBER of LLC ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) SureTec Insurance Company Bond 4385278 - Quality Mechanical Professionals Title or Type of Document Number of Pages November 14, 2011 Date of Document Signer(s) other than named above Executed in Triplicate National City Civic Center's Data Center Redundant AC Specification No. 11-02 PAYMENT BOND NATIONAL CITY CIVIC CENTER'S DATA CENTER REDUNDANT AC Specification No. 11-02 K1 OW ALL MEN BY THESE PRESENTS: That Bond 4385278 Premiun Included in Performance Bond WHEREAS, the City Council of the City of National City, by Resolution No. N/A, passed the 1S` day of November, 2011 has awarded to Quality Mechanical Professionals, hereinafter designated as the "Principal", the National City Civic Center's Data Center Redundant AC, Specification No! 11-02. WHEREAS, said Principal is required by Chapter 5 (commencing at Section 3225) and Chapter 7 (commencing at Section 3247), Title 15, Part 4, Division 3 of the California Civil Code to furnish a bond in connection with said contract; NOW, THEREFORE, we, the Principal and SureTec Insurance Company as surety, are held and firmly bound unto the City Council of the City of National City, hereinafter called the "Council", in the penal sum of Thrity Eisht Thousand Dollars and No/100 (S38,000) 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 attomey'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. 27 David Melman Attorney -in -Fact Surety Naiional City Civic Center's Data Center Redundant AC Specification No. 11-02 MYMENT BOND (CONTINUED) NATIONAL CITY CIVIC CENTER'S DATA CENTER REDUNDANT AC Specification No. 11-02 `1 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 hei'einabove described, nor by any rescission or attempted rescission of the contract, agreement or bond, noi1 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 14th day of November , 2011. SureTec Insurance Company (SEAL) Qua ity Mechanical Professionals(SEAL) ^- /,./177-e(SEAL) "-) (SEAL) �� roc,—. QV..a,/ C (SEAL) Principal (SEAL) 28 PROVED AS TO FORM: IF . is Gacit . ilva rtyofNation . ity Date: November 16, 2011 National City Civic Center's Data Center Redundant AC Specification No. 11-02 PAYMENT BOND (CONTINUED) NATIONAL CITY CIVIC CENTER'S DATA CENTER REDUNDANT AC Specification No. 11-02 ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF COLUNTY OF ) ss Ori this day of , 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 corporation named as Surety in said instrument, and acknowledged to me that he subscribed the name of said corporation thereto as Surety, and, his own name as attorney -in -fact. NOTE: Signature of those executing for Surety must be properly acknowledged. NOTE: The Attomey-in-fact must attach a certified copy of the Power of Attorney. Signature: Name (Type or Print): (Notary Public in and for said County and State) My Commission expires: APPROVED AS TO FORM: Date: By: CLAUDIA G. SILVA City Attorney 29 POA th 510321 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Ilouston, Harris County, Texas, does by these presents make, constitute and appoint Ron H. Ballard, Gloria S. Russell, Dave B. Roalkvam, David Melman, Pamela Bentley, Rainbow J. Rames its true and lawful Attorney -in -fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for: Five Million and 00/100 Dollars ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in -Fact may do in the premises. Said appointment shall continue in force until 12/31/2012 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 206 of April, 1999) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 3rd day of September, A.D. 2010. BRAN +.\ State of Texas County of I Iarris Ur. c;W/t 1z ss: 7' •P.L rep SURETEC INSUE C! PANY By: John resident On this 3rd day of September, A.D. 2010 before me personally came John Knox Jr., to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company: and that he signed his name thereto by like order. 011 JACQUELYN MALDONADO Notary Public, State of Texas My Commission Expires Moy 18, 2013 acq .rely y comm ado, Notary Public es May 18, 2013 i, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this 14th day of November , 2011 M. Brent Beaty, Assistant Secretary Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST. , A.D. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diego On November 14, 2011 before me. personally appeared David Melman Ruth Alonso , Notary Public who proved to me on the basis of satisfactory evidence to be the persons 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 capacityfies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(3 acted, executed the instrument. RUTH ALONSO NOTARY PUBUC - CALIFORNIA COMMISSION M 1928152 c J ` SAN WEGO COUNTY - - -P-- My Comm. Exp. February 19, 2015 E I certify under PENALTY OF PURJURY under the laws of the state of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. 7.2 Signature of Notary OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL CORPORATE OFFICER ❑ PARTNER(S) Lf MEMBER of LLC ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) SureTec Insurance Company Bond 4385278 - Quality Mechanical Professionals Title or Type of Document Number of Pages November 14, 2011 Date of Document Signer(s) other than named above GUARANTEE AGREEMENT NATIONAL CITY CIVIC CENTER'S DATA CENTER REDUNDANT AC Specification No. 11-02 (FORM FOR BOTH CONTRACTOR AND/OR SUBCONTRACTOR AS APPLICABLE) We hereby guarantee that National City Civic Center's Data Center Redundant AC, Specification No. 11-02 has been installed in accordance with the drawings and specifications and that the work as installed will fulfill the requirements included in the specifications. The undersigned agrees to promptly repair or replace, in a manner satisfactory to the Engineer, any or all of such work, together with any other adjacent work which may be displaced in connection with such repair or replacement, that may prove to be defective in workmanship or material within a period of one (1) year from the date of acceptance of the above referenced project by the CITY, ordinary wear and tear and unusual abuse or neglect excepted. The Contractor also agrees to hold the CITY harmless from claims of any kind arising from damage due to said defects in the work constructed under the Contract. In the event that the undersigned fails to comply with the abovementioned conditions within a reasonable period of time, as determined by the CITY, the undersigned hereby authorizes the CITY to proceed with the repair of said defects and the Contractor and his/her surety shall be liable to the City for the cost thereof. GUARANTEE AGREEMENT (CONTINUED) NATIONAL CITY CIVIC CENTER'S DATA CENTER REDUNDANT AC Specification No. 11-02 Signatures L (Firm ame) I,,,e re of G:' er�1 Contractor or Su tractor) (Name and Title) Countersigned: (Firm Name) By: (Signature of General Contractor if for Subcontractor) - E L (Address) By: ;' .✓ (Signatufe of General Contractor or Subcontractor) (Name and Title) (Address) By: (Signature of General Contractor if for Subcontractor) (Name and Title) (Name and Title) Representative to be Contacted for Service: Name: k', 44.-1 L Poi y u-ot// _ Address: � �y�-c-Z �c C� c=z. C„L, c-'�-O 2-0 Telephone: t'Ck' �ti�—? -1?�'�7 EMERGENCY NOTIFICATION LIST NATIONAL CITY CIVIC CENTER'S DATA CENTER REDUNDANT AC Specification No. 11-02 DATE: 4-1 -5\�° I In reference to Section 7-6 of the Standard Specifications my/our representatives at the construction site for the above subject project will be: Name n ot- Emergency Telephone Number(s) Names Emergency Telephone Number(s) LA 1Z I am aware that one of the named representative(s) shall be present at the work site whenever work is in progress. Further, each of these responsible .ersons can be contacted in an emergency situation and have complete authority to act on the Contractor's . - alf. re of Contrac or Name antle Signatwlre of Contfor L.0- .` V Lyik-k V: =°- - z'�I\ Name and Title Note: Two signatures are required if a corporation. Policy Number: Date Entered: 03/30/2011 r,�� " CERTIFICATE OF LIABILITY INSURANCE DATEIMM/OD/YYYY) 11/14/2011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE CERTIFICATE HOLDER. THIS 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 CONTACT EIS FINANCIAL & INSURANCE SERVICES NAME: 19553 PARTHENIA STREET SUITE lA PHONE A/C.No, Est) (818) 700-1494 L NJ (818)700-1416 NORTHRIDGE CA 91324 E-MAILDRESS: eisinsur@pacbell.net net INSURER(S) AFFORDING COVERAGE NAIC a INSURERAOLONY INSURANCE COMPANY INSURED QUALITY MECHANICAL PROFESSIONAL, INC INFINTY INSURER B: INSURER C: MARKEL INSURANCE COMPANY 1536/1496 FAYETTE STREET INSURER D: EL CAJON, CA 92020 INSURERE: INSURER F (`(1vGD Ance -' -----'----••• mcv,-IVI1 numDtK: 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 AODL INSR SUER MD POLICY NUMBER POLICY EFF POLICY EXP(MM/DDlYYYY) (MMlODIVYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1 , 000 , 000 COMMERCIAL GENERAL LIABILITY MP3929105 3/22/2011 3/22/2012 AMAGA RETED PREM SES (OEa occurrence) S 100,000 lCLAIMS -MADE OCCUR MED EXP (Any one person) S 5,000 PERSONAL 1,000,000 & ADV INJURY S GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PRO- PER: PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY JECT LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) 1 0 $000 00 A ANY AUTO ALL OWNED SCHEDULED BODILY INJURY (Per person) $ AUTOS A AUTOS BODILY INJURY (Per accident) $ H HIRED AUTOS AUTOSNONWNED 504610023190001 4/2/2011 4/2/2012 PROPERTY DAMAGE (Per accident) $ $ UMBRELLA LIAB ^ OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS -MADE AGGREGATE $ DEO RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/ N IX V \ WC STATU- TORY LIMITS OTH- ER C ANY OFFICER/MEMBER PROPRIETOR/PARTNER/EX Y N/A T'iW00000%�]$-01 2/18/2011 2/18/2012 E.L. EACH ACCIDENT $1,000,000 (Mandatory In NH) If yes, descnbe under E.L. DISEASE- EA EMPLOYEE $1,000,000 D DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $1 )000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) • CERTIFICATE HOLDER LISTED AS ADDITIONAL INSURED ,Cr]TICI, r.T E ELLATION CITY OF NATIONAL CITY and its officers, employees and agents,including the private engineer 1243 National City blvd National City CA 91950 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 GREGORY A.ZINGER © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD Produced using Forms Bass Plus software, wwv.FormsBoss.com, Impressive Publishing 800-208-1977 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 QUALITY MECHANICAL PROFESSIONALS Civic Center's Data Center Redundant AC Contract Award Judy Hernandez (Engineering) Forwarded Contract to Contractor CALIFORNIA z+ NATIONAL IONIAL ci Inv INCORPORATED November 3, 2011 Quality Mechanical Professionals 1536 Fayette Street El Cajon, CA 92020 Attn: Michael Polyakov, President Project: NATIONAL CITY CIVIC CENTER DATA CENTER REDUNDANT AIR CONDITIONING PROJECT, SPECIFICATION NO. 11-02 Subject: NOTICE OF CONTRACT AWARD Dear Mr. Polyakov: Congratulations! You are the low bidder for the above mentioned project. We look forward to a cooperative and enjoyable experience in the construction of this project. The award is for a total amount of $38,000.00. This is your Notice of Contract Award. Pursuant to Section 2-1.2(a) of Part One of the Special Provisions, you shall execute the contract agreement with the City and submit the necessary documents within five (5) days of this Notice of Award. Please submit the following to this office no later than November 8, 2011. 1. The enclosed Contract Agreement executed in triplicate original. Return all three copies to the City. One fully executed copy will be forwarded to you. 2. The enclosed Performance Bond form for 100 percent of contract amount (Project Specification Section 2-4). 3. The enclosed Payment Bond form for 100 percent of contract amount (Project Specification Section 2-4). 4. The enclosed Emergency Notification List 5. General Liability Insurance (Limits shall be in accordance with Project Specifications Section 7-3) Engineering Department 1243 National City Boulevard, National City, CA 91950-4301 619/336-4380 Fax 619/336-4397 www.nationalcityca.gov 0 6. Worker's Compensation Insurance Certificate as required by Section 3700 of the California Labor Code. A copy of your City of National City Business License for your Company and your subcontractors. Insurance policies must provide that they remain in force for not less than 30 days after notice to City of expiration or cancellation, and liability policies shall name the City of National City as additional insured. Your insurance will not be accepted if this requirement is not met and evidenced in your submitted documents. We must review and approve these documents before we can issue a Notice to Proceed. In order to expedite the project progress, it is recommended that the submittals as required in Section 2-5.4.2 of project specifications be provided as soon as possible. Your City Contact is Barby Tipton at (619) 336-4583 for assistance in expediting the processing of these documents. The City would like to proceed with this project as soon as possible. The Project Manager is Byron Wade he can be reach at (619) 244-3418. Sincerel aryam Bai. Development Services Director/City Engineer Enclosures cc: City Clerk Risk Manager kk jha2 spedNoa l 1-01 National City Civic Center's Data Center Redundant AC Specification No. 11-02 CONTRACT NATIONAL CITY CIVIC CENTER'S DATA CENTER REDUNDANT AC Specification No. 11-02 THIS CONTRACT, made and entered into this 1' day of November, 2011 by and between the City of National City, California, herein after designated as the "City", and Quality Mechanical Professionals, 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 CIVIC CENTER'S DATA CENTER REDUNDANT AC Specification No. 11-02 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 Civic Center's Data Center Redundant AC Specification No. 11-02 CONTRACT (CONTINUED) NATIONAL CITY CIVIC CENTER'S DATA CENTER REDUNDANT AC Specification No. 11-02 4. The Notice Inviting Bids, Instructions To Bidders, Bid Proposal, Bonds, The Plans and Specifications, General Provisions and Special Provisions, and all amendments thereof, are 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 performance 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 Civic Center's Data Center Redundant AC Specification No. 11-02 CONTRACT (CONTINUED) NATIONAL CITY CIVIC CENTER'S DATA CENTER REDUNDANT AC Specification No. 11-02 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: By: Title: Federal ID. No. CITY: 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 National City Civic Center's Data Center Redundant AC Specification No. 11-02 CONTRACT (CONTINUED) NATIONAL CITY CIVIC CENTER'S DATA CENTER REDUNDANT AC Specification No. 11-02 CORPORATE CERTIFICATE I, certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that , who signed said contract on behalf of the Contractor, was then of said Corporation; that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers. 1, certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that , who signed said contract on behalf of the Contractor, was then of said Corporation; that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers. Corporate Seal: 22 National City Civic Center's Data Center Redundant AC Specification No. 11-02 CONTRACT (CONTINUED) NATIONAL CITY CIVIC CENTER'S DATA CENTER REDUNDANT AC Specification No. 11-02 PARTNERSHIP CERTIFICATE STATE OF COUNTY OF ) ss On this day of , 2011, before me, the undersigned, a Notary Public in and for said County and State, personally appeared: (Notary Seal) known to me to be of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. Signature: Name (Type or Print): My Commission expires: (Notary Public in and for said County and State) 23 National City Civic Center's Data Center Redundant AC Specification No. 11-02 PERFORMANCE BOND NATIONAL CITY CIVIC CENTER'S DATA CENTER REDUNDANT AC Specification No. 11-02 KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City Council of the City of National City, by Resolution No. N/A, passed the 15` day of November, 2011 has awarded to Quality Mechanical Professionals, hereinafter designated as the "Principal", the NATIONAL CITY CIVIC CENTER'S DATA CENTER REDUNDANT AC Specification No. 11-02. WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract. NOW, THEREFORE, we, the Principal and as surety, are held and firmly bound unto the City Council or the City of National City, hereinafter called the "Council", in the penal sum of Thrity Eight Thousand Dollars and No/100 ($38,000) 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 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 Civic Center's Data Center Redundant AC Specification No. 11-02 PERFORMANCE BOND (CONTINUED) NATIONAL CITY CIVIC CENTER'S DATA CENTER REDUNDANT AC Specification No. 11-02 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 day of , 2011. (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) Surety APPROVED AS TO FORM: Date: Principal By: CLAUDIA G. SILVA City Attorney 25 National City Civic Center's Data Center Redundant AC Specification No. 11-02 PERFORMANCE BOND (CONTINUED) NATIONAL CITY CIVIC CENTER'S DATA CENTER REDUNDANT AC Specification No. 11-02 ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF ) ss COUNTY OF ) 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 corporation named as Surety in said instrument, and acknowledged to me that he subscribed the name of said corporation thereto as Surety, and his own name as attorney -in -fact. NOTE: Signature of those executing for Surety must be properly acknowledged. NOTE: The Attomey-in-fact must attach a certified copy of the Power of Attorney. Signature: Name (Type or Print): Notary Public in and for said County and State My Commission expires: 26 National City Civic Center's Data Center Redundant AC Specification No. 11-02 PAYMENT BOND NATIONAL CITY CIVIC CENTER'S DATA CENTER REDUNDANT AC Specification No. 11-02 KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City Council of the City of National City, by Resolution No. N/A, passed the ls' day of November, 2011 has awarded to Quality Mechanical Professionals, hereinafter designated as the "Principal", the National City Civic Center's Data Center Redundant AC, Specification No. 11-02. WHEREAS, said Principal is required by Chapter 5 (commencing at Section 3225) and Chapter 7 (commencing at Section 3247), Title 15, Part 4, Division 3 of the California Civil Code to furnish a bond in connection with said contract; NOW, THEREFORE, we, the Principal and as surety, are held and firmly bound unto the City Council of the City of National City, hereinafter called the "Council", in the penal sum of Thrity Eight Thousand Dollars and No/100 ($38,000) 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. 27 National City Civic Center's Data Center Redundant AC Specification No. 11-02 PAYMENT BOND (CONTINUED) NATIONAL CITY CIVIC CENTER'S DATA CENTER REDUNDANT AC Specification No. 11-02 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 terrns of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement hereinabove described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given. and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner of Public Entity and original contractor or on the part of any obliges named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 3110 or 3112 of the California Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned. IN WITNESS WHEREOF three identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the day of , 2011. (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) Surety Principal 28 National City Civic Center's Data Center Redundant AC Specification No. 11-02 PAYMENT BOND (CONTINUED) NATIONAL CITY CIVIC CENTER'S DATA CENTER REDUNDANT AC Specification No. 11-02 ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF COUNTY OF ) ss On this day of , 201 I, before me, the undersigned, a Notary Public in and for said County and State, personally appeared known to me to be the person whose name is subscribed to the within instrument as the attorney -in -fact of the the corporation named as Surety in said instrument, and acknowledged to me that he subscribed the name of said corporation thereto as Surety, and his own name as attorney -in -fact. NOTE: Signature of those executing for Surety must be properly acknowledged. NOTE: The Attorney -in -fact must attach a certified copy of the Power of Attorney. Signature: Name (Type or Print): (Notary Public in and for said County and State) My Commission expires: APPROVED AS TO FORM: Date: By: CLAUDIA G. SILVA City Attorney 29 National City Civic Center's Data Center Redundant AC Specification No. 11-02 GUARANTEE AGREEMENT NATIONAL CITY CIVIC CENTER'S DATA CENTER REDUNDANT AC Specification No. 11-02 (FORM FOR BOTH CONTRACTOR AND/OR SUBCONTRACTOR AS APPLICABLE) We hereby guarantee that National City Chiller Plant Replacement, Specification No. 11-01 has been installed in accordance with the drawings and specifications and that the work as installed will fulfill the requirements included in the specifications. The undersigned agrees to promptly repair or replace, in a manner satisfactory to the Engineer, any or all of such work, together with any other adjacent work which may be displaced in connection with such repair or replacement, that may prove to be defective in workmanship or material within a period of one (1) year from the date of acceptance of the above referenced project by the CITY, ordinary wear and tear and unusual abuse or neglect excepted. The Contractor also agrees to hold the CITY harmless from claims of any kind arising from damage due to said defects in the work constructed under the Contract. In the event that the undersigned fails to comply with the abovementioned conditions within a reasonable period of time, as determined by the CITY, the undersigned hereby authorizes the CITY to proceed with the repair of said defects and the Contractor and his/her surety shall be liable to the City for the cost thereof. 30 National City Civic Center's Data Center Redundant AC Specification No. 11-02 GUARANTEE AGREEMENT (CONTINUED) NATIONAL CITY CIVIC CENTER'S DATA CENTER REDUNDANT AC Specification No. 11-02 Signatures (Firm Name) (Address) By: By: (Signature of General Contractor or (Signature of General Contractor or Subcontractor) Subcontractor) (Name and Title) (Name and Title) Countersigned: (Firm Name) (Address) By: By: (Signature of General Contractor if for (Signature of General Contractor if for Subcontractor) Subcontractor) (Name and Title) Representative to be Contacted for Service: Name: (Name and Title) Address: Telephone: 31 National City Civic Center's Data Center Redundant AC Specification No. 11-02 EMERGENCY NOTIFICATION LIST NATIONAL CITY CIVIC CENTER'S DATA CENTER REDUNDANT AC Specification No. 11-02 DATE: In reference to Section 7-6 of the Standard Specifications my/our representatives at the construction site for the above subject project will be: Name Emergency Telephone Number(s) Name Emergency Telephone Number(s) 1 am aware that one of the named representative(s) shall be present at the work site whenever work is in progress. Further, each of these responsible persons can be contacted in an emergency situation and have complete authority to act on the Contractor's behalf. Signature of Contractor Name and Title Signature of Contractor Name and Title Note: Two signatures are required if a corporation. 32