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HomeMy WebLinkAbout2013 CON Brian Cox Mechanical - Trane Rooftop Coil Unit - Police DepartmentCITY OF NATIONAL CITY SHORT FORM SERVICES AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND BRIAN COX MECHANICAL INC. THIS AGREEMENT is entered into this 15`h day of April, 2013, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Brian Cox Mechanical Inc., a contractor (the "CONTRACTOR"). NOW, THEREFORE, CITY agrees to engage CONTRACTOR to perform the services set forth herein in accordance with the following terms and conditions: 1. Description of Services. CONTRACTOR shall provide services as detailed in attached, Exhibit "A" : Replace Trane Rooftop Unit Outdoor Coil for Police Department Air Condition. 2. Length of Agreement. The schedule is set forth below: a) Work commence within 5 working days of notice to proceed; and b) Work to be completed with by June 3, 2013. 3. Compensation. The total compensation to CONTRACTOR for providing the services set forth herein in the not to exceed amount of $10,169 as outlined in Exhibit "A". The compensation for CONTRACTOR's work shall be based upon current California prevailing wages and shall not exceed those rates for time and materials work without prior written authorization from CITY. Contractor shall provide certified payroll documents. 4. Payment Schedule. CITY will make payment within thirty (30) days of receiving and approving a billing statement for the satisfactorily completed services of CONTRACTOR. 5. Termination. CITY may terminate this Agreement at any time by providing a one (1) day written notice to CONTRACTOR. 6. Independent Contractor. It is agreed that CONTRACTOR is an independent Contractor, and all persons working for or under the direction of CONTRACTOR are CONTRACTOR'S agents, servants and employees, and said persons shall not be deemed agents, servants or employees of CITY. 7. Insurance. CONTRACTOR shall obtain: A. ❑ If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 Revised February 2009 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles ("any auto"). C. Commercial general liability insurance, with minimum limits of $1,000,000 per occurrence/$2,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. D. Workers' compensation insurance in an amount sufficient to meet statutory requirements covering all of CONTRACTOR'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to commencement of work under this Agreement. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. Said policies, except for the professional liability and workers' compensation policies, shall name the CITY and its officers, agents and employees as additional insureds, and separate additional insured endorsements shall be provided. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. H. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. I. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. J. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. K. Insurance certificates must specify certificate holder as: City of National City ATTN: City Attorney's Office 1243 National City Blvd National City, CA 91950-4301 8. Hold Harmless. CONTRACTOR shall defend, indemnify and hold CITY, its Officers, employees and agents harmless from any liability for damage or claims of same, including but not limited to personal injury, property damage and death, which may arise from CONTRACTOR, or CONTRACTOR'S subcontractors, agents or employees' operations under Revised August 2011 2 this Agreement. CITY shall cooperate reasonably in the defense of any action, and CONTRACTOR shall employ competent counsel, reasonably acceptable to the City Attorney. 9. Acceptability of Work. The City shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONTRACTOR. 10. Business License. CONTRACTOR must possess or shall obtain business license from National City Finance Department before beginning work. 11. Construction Permit. After execution of the Contract and prior to beginning work, the Contractor shall obtain a building/construction permit with the City of National City. The no cost permit can be obtained at the City of National City Building Department from 7:00 a.m. to 6:00 p.m., Monday through Thursday. The permittee shall first provide the following documents at the permit counter with proof that the policies/licenses are current: 1. Workers Compensation Insurance Certificate. 2. General Liability Insurance Certificate. 3. City Business License. 4. Contractor's License and Subcontractor's License (if any) in required classification(s). 5. A copy of Notice of Contract Award. 12. Bonds. The successful bidder, simultaneously with the execution of the Contract, will be required to furnish a faithful Performance Bond in an amount equal to one hundred percent (100%) of the Contract price and a Payment Bond equal to one hundred percent (100%) of the Contract price. Contract Surety Bonds shall be issued by a surety who meets the criteria for sufficiency set forth in Section 995.660 and 995.670 of the California Code of Civil Procedure. (see Attachment B- Performance Bond & Attachment C Payment Bond) 13. Listing of Subcontractors. As required under the provisions of Section 4100 et seq. of the California Public Contract Code, any person making a bid or offer to perform the work shall, in his/her bid or offer, list: a. The name and location of the place of business of each subcontractor who will perform work or labor, or render service to the prime Contractor in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who, under subcontract to the primary contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of one percent of the Prime Contractor's total bid. b. The portion of the work that will be done by each such subcontractor under this act. The Prime Contractor shall list only one subcontractor for each portion of the work as defined by the Prime Contractor in his/her bid. Revised August 2011 3 14. Construction Safety. In addition to Section 6700 et seq. of the California Labor Code, in the event any proposal includes the excavation of any trench or trenches five feet (5') or more in depth, the successful bidder shall submit for acceptance by the City of National City, in advance of excavation, a detailed plan showing the design of shoring, bracing, sloping or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. The shoring and bracing plan shall be signed by a qualified Registered Engineer. In the event any proposal includes the construction of a pipeline, sewer, sewer disposal system, boring and jacking pits, or similar trenches or open excavations which are five feet (5') or deeper, each bid shall include adequate sheeting. shoring and bracing. or equipment method, for the protection of life or limb, which shall conform to the applicable safety orders. The Contractor is required to comply with the State of California Construction Safety Orders (CAL/OSHA) for securing safety in places of employment. 15. Civil Rights. The City of National City hereby notifies all bidders that it will affirmatively ensure that in any Contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex or sexual orientation, in consideration for an award. 16. American with Disabilities Act. The contractor acknowledges its obligations under the Americans with Disabilities Act (ADA) in all regulations and practices pertaining thereto, including but not limited to discrimination against qualified individuals with disabilities in employment, transportation, public accommodation, telecommunications, and in all activities, programs, and services of the contractor. 17. Certified Payroll. This project requires the payment of California State Prevailing Wages. The Contractor will be required to submit certified weekly payroll reports for all workers employed on the project in a form acceptable to the Engineer and as per requirements of the State of California Department of Industrial Relations. The prime contractor shall submit a "Statement of Non -Performance" for each week that no work was performed on site. Each sub- contractor shall submit a "Statement of Non -Performance" for each week that no work was performed on site. beginning with week one of the Project. 18. Registered Apprentices Contractor shall be required to employ Registered Apprentices in accordance with Sections 1777.5 and 1777.6 of the State of California Labor Code. 19. Notary Public. All signatures on the Contract and both required surety bond forms shall be notarized on each document. Revised August 2011 4 20. Retention. From each progress estimate, five percent (5%) will be deducted and retained by the City, and the remainder, less the amount of all previous payment, will be paid to the Contractor. The five percent (5%) retention shall apply to all work done. Pursuant to Section 10263 of the Public Contract Code of the State of California, the Contractor has the option to deposit securities with an escrow agent as a substitute for retention earnings required to be withheld by this contract. Written consent of the surety to each escrow agreement is required. 21. General Contract Conditions- The General Contract Conditions attached as Attachment A are binding upon Contractor and are incorporated herein as though fully set forth. 22. The Following Documents Must be Completed, Signed and Submitted 22.1 Prior To Start of Construction Attachment B-Performance Bond Attachment C-Payment Bond Attachment D- Certificate Regarding Contractor's License Attachment E- Designation of Sub -Contractors Attachment F- Certificate of Workers Compensation Insurance Attachment G- Emergency Notification List 22.2 During Construction Weekly Certified Payroll Statements (State of California) Changes to Work Schedules 22.3 At Completion of the Project Attachment H (Guarantee Agreement) Attachment I (Contractor's Certification of Completion) Attachment J (Contractor's Affidavit of Payment) Attachment K (Consent of Surety for Final Payment) Attachment L (Contractor's Affidavit of Disposal) Other specific documents required in this project and referenced herein 23. Miscellaneous Provisions. A. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. B. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. C. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. Revised August 2011 5 D. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. E. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. F. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. G. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. The CONTRACTOR shall comply with all laws, including federal, state, and local laws, whether now in force or subsequently enacted. H. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. 1. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. J. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, this Agreement is executed by CITY and by CONTRACTOR on the date and year first above written. Signature page to follow Revised August 2011 6 CITY OF NATIONAL CITY By lUt� Leslie Deese, City Manager OVED AS TO FORM: C'T! is G. City Atto CONTACT INFORMATION CITY OF NATIONAL CITY 1243 National City Boulevard National City, CA 91950-4301 Phone: (619) 336-4585 Fax: (619)336-4594 Contact: Rick Hernandez Title: Facilies Maintenance Supervisor Public Works Department Email: RHernandez@NationalCityCA.gov BRIAN COX MECHANICAL, INC. (2 signatures required) By: (Name) c� CbR (Print) 1 0 (Title) By: J (Name) (Print) (Title) BRIAN COX MECHANICAL, INC. Complete Address: 12155 Kirkham Road Poway, CA 92064 Phone: (858) 679-5757 Fax: (858) 679-1578 Contact: Phillip Gallegos Title: Email: Taxpayer I.D. No.: Contractor's License: 557383 Revised August 2011 7 BRIAN COX DA11111 1111�►1 MECHANICAL INC. March 22, 2013 Submitted to: Rick Hernandez National City Public Works Dept 2100 Hoover Ave National City, CA RE: Replace Trane Rooftop Unit Outdoor Coil Brian Cox Mechanical 12155 Kirkham Road Poway, CA 92064 Phone (858) 679-5757 Fax (858) 679-1578 CA LIC #557383 Jobsite Location: National City Police Department 1200 National City Blvd National City, CA Thank you for this opportunity to provide you with a proposal for the following referenced project. We propose the following work be completed: • Regular hours labor— Prevailing Wage • Performance Bond • Secure unit and recover refrigerant • Procurement and delivery of replacement coil —COATED copper tube / aluminum fin • Crane lift and rigging services — from front street as identified by PWC on job walk • Removal and discard of existing coil • Placement and mounting of new coil in existing unit • Connect new coil to existing units refrigerant system • Evacuate and recharge with NEW R-22 refrigerant (41 Ibs on nomenclature) • Check system for proper operation and return to service. Exclusions: • Overtime • Any street closure permits or traffic control • Additions or changes WE PROPOSE hereby to fumish material and labor - complete in accordance with these specifications and the attached general terms and conditions, for the sum of: Ten thousand one hundred and sixty-nine dollars ($10,169.00) Labor: $1,487.00 Coated Coil (incl freight): $6,756.00 8-10 weeks delivery Materials / Misc: $1,601.00 Crane: $325.00 If you should have any questions, please do not hesitate to contact us. Sincerely, Philip Gallegos Brian Cox Mechanical, Inc Service Sales Customer Acceptance: Signature Printed Name / Title Date Page 1 of 2 BRIAN COX ID 111111 I 1 I MECHANICAL INC. Brian Cox Mechanical 12155 Kirkham Road Poway, CA 92064 Phone (858) 679-5757 Fax (858) 679-1888 CA LIC #557383 GENERAL CONDITIONS NOTE: Any conflict of any term and condition with the City's contract shall default to City's term and/or condition. BCM shall not be liable for damage resulting ;from faulty operation of equipment nor for injury to persons or damages to property, except that which is directly due to the negligence of BCM, and in any event, BCM liabilities shall not include consequential damages but instead shall be limited to the reasonable value of the repair or the replacement of the equipment, dr part thereof proved to have caused such injury or damage. BCM shall be excused for any delay in completion of the contract and shall not be liable for the loss of or damage to air conditioning equipment caused by natural disasters, acts of the owner or the owner's agent, employee or independent contractor, stormy weather, labor trouble, acts of public utilities, public bodies or inspectors, extra work, transportation conditions, materials shortages, or damages attributable to additions, alterations, adjustments, or repairs made by others, or other contingencies unforeseen by BCM and beyond the reasonable control of BCM. Should the owner, or his representative, direct any modification or addition to the work covered by this contract, the costs shall be adjusted accordingly. BCM shall have the right to stop work if any payment shall not be made to BCM under this agreement, on a timely basis. If the owner should default in any of his obligations under this contract, BCM shall have the right to recover, as damages, at BCM option, either the reasonable value of work perforated by BCM or the balance of the contract price plus any other damages sustained as a result of the owner's default. Title to and ownership of all equipment and materials installed by BCM is expressly agreed to be and remain in BCM until payment in full, for any and all equipment and materials has been received by BCM. In the event of default hereunder, BCM shall have the right without notice to enter at any time the premises of the contracting party wherein any materials or equipment of BCM is located and to take possession and removal of the same without recourse to any legal proceedings for that purpose, or without any liability whatsoever arising therefrom. If either party becomes involved in litigation arising out of this contract or the performance hereof, the court or arbitration panel shall award reasonable cbsts and expenses, including attomey's fees, to the party entitled thereto. In awarding attomey's fees, the court or arbitration panel will not be bound by any court fee scheduled, but shall, if it is in the Interest of justice to do so, award full amount of costs, expenses and attomey's fees paid or incurred in good faith. In the event of any dispute of the parties hereto, whether involving a daim in tort, contract or otherwise, the same shall be submitted to arbitration. Within a reasonable period of time after receipt of notice of demand for arbitration, the parties to the dispute shall each appoint a party arbitrator and give notice of such appointment to the other. Within a reasonable period of time after the appointment of the party arbitrators, the two arbitrators so selected shall select a neutral arbitrator and give notice of the selection thereof to the parties. The arbitrators shall hold a hearing within a reasonable period of time from the date of notice of selection of the neutral arbitrator. Arbitration shall be compulsory and binding and except as provided herein and govemed by the provisions of the California Code of Civil Procedure pertaining to arbitration. Either party is entitled to utilize attachment and mechanic's llen proceedings concurrently with arbitration proceedings, and neither party will be held to have waived the right to arbitrate by virtue of levy attachment or recording and perfecting a mechanic's lien. No action of any character arising from or related to this contract, or the performance thereof shall be commenced by either party against the other; more than two years after completion of cessation of work under this contract. Unless specifically stated otherwise, all terms and conditions set forth in these General Conditions shall be incorporated by reference in any purchase order or contract written by the customer which is based in whole or in part as a result of this document and accepted by BCM or its authorized agent. Page 2 of 2 Bond No. 1009891 Executed in Triplicate PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City Council of the City of National City, has awarded to Brian Cox Mechanical, Inc., hereinafter designated as the "Principal", the REMOVAL, DISPOSAL, AND REPLACEMENT OF A ROOFTOP TRANE COIL — COATED WITH COPPER TUBE/ALUMINUM FIN PROJECT. WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract. NOW, THEREFORE, we, the Principal and The Hanover 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 Ten thousand one hundred sixty nine dollars ($10,169) 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. PERFORMANCE BOND (CONTINUED) 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. 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 15 day of April, 2013 ;12xx The Hano Insurance Company (SEAL) Brian Cox Mechanical, Inc. (SEAL) By. (SEAL) Via — Robert P. Dole, Attorney -in -Fact (SEAL) 6 rt , Wx 1 e r o Cr ISEAL) Surety Principal ) PERFORMANCE BOND (CONTINUED) ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF California COUNTY OF San Diego ) ss On this 15 day of April, 2013 , 161i3pbefore me, the undersigned, a Notary Public in and for said County and State, personally appeared Robert P. Dole known to me to be the person whose name is subscribed to the within instrument as the attorney -in -fact of the Hanover Insurance Company , the corporation named as Surety in said instrument, and acknowledged to me that he subscribed the name of said corporation thereto as Surety, and his own name as attorney -in -fact. NOTE: Signature of those executing for Surety must be properly acknowledged. NOTE: The Attorney -in -fact must attach a certified copy of the Power of Attorney. Signature: gh Name (Type or Print): Nicki Edwards Notary Public in and for said County and State My Commission expires: March 31, 2017 THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA POWERS OF ATTORNEY CERTIFIED COPY KNOW ALL MEN BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Michigan, do hereby constitute and appoint Nicki Edwards, John T. Dole, Daniel P. Dole and/or Robert P. Dole of Bonita, CA and each is a true and lawful Attorney(s)-in-fact to sign, execute, seal, acknowledge and deliver for, and on its behalf, and as its act and deed any place within the United States, or, if the following line be filled in, only within the area therein designated any and all bonds, recognizances, undertakings, contracts of indemnity or other writings obligatory in the nature thereof, as follows: Any such obligations in the United States, not to exceed Ten Million and No/100 ($10,000,000) in any single instance and said companies hereby ratify and confirm all and whatsoever said Attorney(s)-in-fact may lawfully do in the premises by virtue of these presents. These appointments are made under and by authority of the following Resolution passed by the Board of Directors of said Companies which resolutions are still in effect: "RESOLVED, That the President or any Vice President, in conjunction with any Vice President, be and they are hereby authorized and empowered to appoint Attorneys -in -fact of the Company, in its name and as its acts, to execute and acknowledge for and on its behalf as Surety any and all bonds. recognizances, contracts of indemnity, waivers of citation and all other writings obligatory in the nature thereof, with power to attach thereto the seal of the Company. Any such writings so executed by such Attorneys -in -fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons." (Adopted October 7, 1981 - The Hanover Insurance Company, Adopted April 14, 1982 - Massachusetts Bay Insurance Company; Adopted September 7, 2001 - Citizens Insurance Company of America) IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by two Vice Presidents, this 11th day of November 2011. THE HANOVER INSURANCE COMPANY MASSACHUS. TTS BAY INSURANCE COMPANY CITIZENS INCE,F PANY OF AMERICA THE COMMONWEALTH OF MASSACHUSETTS ) COUNTY OF WORCESTER ) ss. On this 11th day of November 2011 before me came the above named Vice Presidents of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, to me personally known to be the individuals and officers described herein, and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively, and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations. BARBARA A. GARLICK Notary Public Ccmmanweath of TM"asaxhutetts IAt Cpmrtrtan rsp'r SqX 11.201a Barbara A. Garlick, Notary Public My Commission Expires September 21, 2018 I, the undersigned Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Companies, and do hereby further certify that the said Powers of Attorney are still in force and effect. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America. "RESOLVED, That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and -certification in respect thereto, granted and executed by the President or any Vice President in conjunction with any Vice President of the Company, shall be binding on the Company to the same extent as if all signatures therein were manually affixed, even though one or more of any such signatures thereon may be facsimile." (Adopted October 7, 1981 • The Hanover Insurance Company; Adopted April 14, 1982 - Massachusetts Bay Insurance Company; Adopted September 7, 2001 -Citizens Insurance Company of America) GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this 15 day of April 2013. THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA Sly.. gna Margosian, Vice President CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diego On April 15, 2013 before me, Nicki Edwards, Notary Public, personally appeared Robert P. Dole, who proved to me on the basis of satisfactory evidence to be the person whose name4is/are subscribed to the within instrument and acknowledged to me that he/she they---xecuted the same in his/he heir authorized capacity.(i $, and that by his/her/-th r signature(X on the instrument the person or the entity upon behalf of which the person(rJ acted, executed the instrument. I certify under the PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. NICKI EDWARDS Commission 2009737 Notary Public - California San Diego County M Comm. Expires Mar 31.. 2017 WITNESS my hand and official seal. 40; ,)66,(la Signature of Notary 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) ❑ LIMITED ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) The Hanover Insurance Company CA-ICW 24 (7/00) Bond No. 1009891 Executed in Triplicate PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City Council of the City of National City, has awarded Brian Cox Mechanical, hereinafter designated as the "Principal", the REMOVAL, DISPOSAL, AND REPLACEMENT OF A ROOFTOP TRANE COIL — COATED WITH COPPER TUBE/ALUMINUM FIN PROJECT. WHEREAS, said Principal is required by Chapter 5 (commencing at Section 3225) and Chapter 7 (commencing at Section 3247), Title 15, Part 4, Division 3 of the California Civil Code to furnish a bond in connection with said contract; NOW, THEREFORE, we, the Principal and The Hanover 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 Ten thousand one hundred sixty nine dollars ($10,169) 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. PAYMENT BOND (CONTINUED) 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 15 day of April, 2013 , 8ts The Hano,Insura ce Com.an (SEAL) (SEAL) Robert P. Dole, Attorney -in -Fact (SEAL) Surety Brian Cox Mechanical, Inc. By. Principal (SEAL) SEAL) PAYMENT BOND (CONTINUED) ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF California ) ss COUNTY OF San Diego On this day 15 of April, 2013 , $s before me, the undersigned, a Notary Public in and for said County and State, personally appeared Robert P. Dole known to me to be the person whose name is subscribed to the within instrument as the attorney -in -fact of the Hanover Insurance Company , the corporation named as Surety in said instrument, and acknowledged to me that he subscribed the name of said corporation thereto as Surety, and his own name as attorney -in -fact. NOTE: Signature of those executing for Surety must be properly acknowledged. NOTE: The Attorney -in -fact must attach a certified copy of the Power of Attorney. Signature: Edy,' p7s/ Name (Type or Print): Nicki Edwards (Notary Public in and for said County and State) March 31, 2017 My Commission expires: THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA POWERS OF ATTORNEY CERTIFIED COPY KNOW ALL MEN BYTHESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Michigan, do hereby constitute and appoint Nicki Edwards, John T. Dole, Daniel P. Dole and/or Robert P. Dole of Bonita, CA and each is a true and lawful Attorney(s)-in-fact to sign, execute, seal, acknowledge and deliver for, and on its behalf, and as its act and deed any place within the United States, or, if the following line be filled in, only within the area therein designated any and all bonds, recognizances, undertakings, contracts of indemnity or other writings obligatory in the nature thereof, as follows: Any such obligations in the United States, not to exceed Ten Million and No/100 ($10,000,000) in any single instance and said companies hereby ratify and confirm all and whatsoever said Attorney(s)-in-fact may lawfully do in the premises by virtue of these presents. These appointments are made under and by authority of the following Resolution passed by the Board of Directors of said Companies which resolutions are still in effect: RESOLVED, That the President or any Vice President, in conjunction with any Vice President, be and they are hereby authorized and empowered to appoint Attorneys -in -fact of the Company, in its name and as its acts, to execute and acknowledge for and on its behalf as Surety any and all bonds, recognizances, contracts of indemnity, waivers of citation and all other writings obligatory in the nature thereof, with power to attach thereto the seal of the Company. Any such writings so executed by such Attomeys-in-fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons.' (Adopted October 7, 1981 - The Hanover Insurance Company; Adopted April 14, 1982 - Massachusetts Bay Insurance Company: Adopted September 7, 2001 - Citizens Insurance Company of America) IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by two Vice Presidents, this 11th day of November 2011. THE HANOVER INSURANCE COMPANY MASSACH S BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA Robert Thromas, Vice President THE COMMONWEALTH OF MASSACHUSETTS ) COUNTY OF WORCESTER ) ss. On this 11th day of November 2011 before me came the above named Vice Presidents of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, to me personally known to be the individuals and officers described herein, and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively, and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations. BAR3ARAA.GARLICI( Notary Pubk �1f La r,yrEtiti0 p. E. 2°1 (2 Barbara A. Garlick, Notary Public My Commission Expires September 21, 2018 I, the undersigned Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Companies, and do hereby further certify that the said Powers of Attorney are still in force and effect. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America. "RESOLVED, That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto, granted and executed by the President or any Vice President in conjunction with any Vice President of the Company, shall be binding on the Company to the same extent as if all signatures therein were manually affixed, even though one or more of any such signatures thereon may be facsimile." (Adopted October 7, 1981 - The Hanover Insurance Company; Adopted April 14, 1982 - Massachusetts Bay Insurance Company; Adopted September 7, 2001 - Citizens Insurance Company of America) GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this 15 day of April 2013. THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA I ` In Margosian, Vice President CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diego On April 15, 2013 before me, Nicki Edwards, Notary Public, personally appeared Robert P. Dole, who proved to me on the basis of satisfactory evidence to be the person whose namely( is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/hertrtrair authorized capacity(-ies}, and that by his/ber#heir signature('on the instrument the personor the entity upon behalf of which the person(' acted, executed the instrument. z 1 certify under the PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. NICKI EDWAROS Commission 0 2009737 Notary Public - California San Diego County Comm. Expires Mar 31, 2017 WITNESS my hand and official seal. Signature of Notary 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 ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) The Hanover Insurance Company DESCRIPTION OF ATTACHED DOCUMENT CA -IC W 24 (7/00) CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950 619-336-4228 phone / 619-336-4229 fax Michael R. Dalla, CMC - City Clerk BRIAN COX MECHANICAL Replace Trane Rooftop Unit Outdoor Coil at the NCPD Rick Hernandez (Public Works) Forwarded Copy of the Agreement to Brian Cox Mechanical