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HomeMy WebLinkAboutACCO Engineering Systems - Kimball Tower Boiler Replacement CIP No. 13-05 - 2014OWNER - CONTRACTOR AGREEMENT KIMBALLTOWER BOILER REPLACEMENT, CIP No. 13-05 This Owner -Contractor Agreement ("Agreement") is made by and between the City of National City, a California municipal corporation ("Owner"), 1243 National City Boulevard, California 91950 and ACCO Engineered Systems,("Contractor"), 9040 Kenamar Drive, Suite 406, San Diego, CA 92121, on the 17th day of June, 2014, for the construction of the above referenced Project. In consideration of the mutual covenants and agreements set forth herein, the Owner and Contractor have mutually agreed as follows: 1. CONSTRUCTION The Contractor agrees to do all the work and furnish all the labor, services, materials and equipment necessary to construct and complete the Project in a turn -key manner in accordance with this Agreement and all documents and plans referenced in Exhibit "A", (hereinafter "Contract Documents"), in compliance with all relevant Federal, State of California, County of San Diego and City of National City codes and regulations, and to the satisfaction of the Owner. 2. CONTRACT PRICE Owner hereby agrees to pay and the Contractor agrees to accept as full compensation for constructing the project in accordance with these Contract Documents in an amount not to exceed the contract price as set forth in Exhibit "B" attached hereto and incorporated herein by reference. Payments to the Contractor shall be made in the manner described in the Special Provisions. 3. TIME FOR PERFORMANCE Time is of the essence for this Agreement and the Contractor shall construct the project in every detail to a complete and turn -key fashion to the satisfaction of the Owner within the specified duration set forth in the Special Provisions. 4. NON-DISCRIMINATION In the performance of this Agreement, the Contractor shall not refuse or fail to hire or employ any qualified person, or bar or discharge from employment any person, or discriminate against any person, with respect to such person's compensation, terms, conditions or privileges of employment because of such person's race, religious status, sex or age. Vv E V Iti JUL U 12014 CONTRACTS DEPT. KIMBALL TOWER BOILER REPLACEMENT CIP No. 13-05 5. AUTHORIZED OWNER REPRESENTATIVES On behalf of the Owner, the Project Manager designated at the pre -construction meeting shall be the Owner's authorized representative in the interpretation and enforcement of all Work performed in connection with this Agreement. 6. WORKERS' COMPENSATION INSURANCE a) By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement. b) The Contractor shall require each subcontractor to comply with the requirements of Section 3700 of the Labor Code. Before commencing any Work, the Contractor shall cause each subcontractor to execute the following certification: "I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement." 7, ENTIRE AGREEMENT; CONFLICT The Contract Documents comprise the entire agreement between the Owner and the Contractor with respect to the Work. In the event of conflict between the terms of this Agreement and the bid of the Contractor, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid conflicting herewith. 8. MAINTENANCE OF AGREEMENT DOCUMENTATION Contractor shall maintain all books, documents, papers, employee time sheets, accounting records and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by Owner and copies thereof shall be furnished to Owner if requested. 9. INDEPENDENT CONTRACTOR At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee, agent, partner or joint venturer of the Owner. 2-2 KIMBALLTOWER BOILER REPLACEMENT CIP No. 13-05 Owner shall have the right to control Contractor insofar as the results of Contractor's services rendered pursuant to this Agreement; however, Owner shall not have the right to control the means by which Contractor accomplishes such services. 10. LICENSES AND PERMITS Contractor represents and declares to Owner that it has all licenses, permits, qualifications and approvals of whatever nature which are legally required to practice its profession. Contractor represents and warrants to Owner that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any licenses, permits, qualifications or approvals which are legally required for Contractor to practice its profession. 11. HOLD HARMLESS AND INDEMNIFICATION Contractor shall protect, indemnify, defend (with counsel selected and satisfactory to the party being held harmless and indemnified) and hold harmless the City of National City, and all its private consultants and for each their elected officials, appointees, officers, agents, employees, contract employees, consultants, heirs and assigns from and against any and all types of liability, causes of action, claims, damages, demands, losses, expenses (including, but not limited to all attorneys' fees and legal costs), arising out of or resulting from, either directly or indirectly in accordance with the requirements of the special provisions. 12. GOVERNING LAW, VENUE This Agreement and the Contract Documents shall be construed under and in accordance with the laws of the State of California, and the appropriate venue for any action or proceeding arising from this Agreement and/or the Contract Documents shall be had in the Superior Court of San Diego, Central Branch. 13. COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall for all purposes be deemed to be an original. 14. FALSE CLAIMS Contractor acknowledges that if a false claim is submitted to the Owner, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the Owner seeks to recover penalties pursuant to the False 2-3 KIMBALL TOWER BOILER REPLACEMENT CIP No.13-05 Claims Act, it is entitled to recover its litigation costs, including attorneys' fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. I have read and understood all of the provisions of this Section 15, above: (Initial) "'"'" ial) 15. AGREEMENT MODIFICATION This Agreement and the Contract Documents may not be modified orally or in any manner other than by an amendment in writing and signed by the Owner and the Contractor. IN WITNESS WHEREOF this Agreement is executed as of the daterfirst written above. Ow n opp Mr_ At Ayor, City of National City City Clerk, City of National City Contrac (Owner/Officer signature) DAVID OSBURN, Assistant Secretary Print name and titl (Second officer, /. ure if a corporation) Carlton Se orth, Assistant Secretary Print name and title Contractor's City Business License No. State Contractor's License No. and Class ACCO Engineered Systems, Inc. Business goitSaniFernando Road Glendale, CA 91201-2214 City, State and Zip Code �s- iG 1227 Federal Tax ID no. (Notary acknowledgement of execution by all PRINCIPALS OF CONTRACTOR must be attached.) 2-4 KIMBALLTOWER BOILER REPLACEMENT CIP No. 13-05 EXHIBIT A CONTRACT DOCUMENTS Owner/Contractor Agreement Bid Schedule Addenda Plans Special Provisions (Specifications) San Diego County Regional Standard Drawings City of National City Standard Drawings Standard Specifications for Public Works Construction and Regional Supplements (Greenbook) State Standard Specifications State Standard Plans Permits issued by jurisdictional regulatory agencies Electric, gas, and communications companies specifications and standards Sweetwater Authority specifications and standards Specifications, standards and requirements of MTS, BNSF, SANDAG, Port of San Diego and all other agencies that may be adjacent and/or affected by the project. 2-5 EXHIBIT "B" KIMBALL TOWER BOILER REPLACEMENT PROJECT, CIP NO. 13-05 Item N o. Description Unit Qty. Unit Price Extension (Quantity x Unit Price) 1 Mobilization LS 1 $ 7,075.00 $ 7,075.00 2 Replace boilers, system upgrades LS 1 $ 157,437.00 $ 157,437.00 3 Bonding LS 1 $ 1,581.00 $ 1,581.00 4 Field orders $ 5,000.00 $ 5,000.00 5 Permit fees $ 500.00 $ 500.00 Base Bid Total $ 171,593.00 KIMBALLTOWER BOILER REPLACEMENT CIP No. 13-05 CORPORATE CERTIFICATE I,-1.-t-2�F3 t M . t` ar. At*A-�-) certify that I am thet6 a arT�e Corporation named as Contractor in the foregoing Contract; that DAVID OSBURN, Assistant Secretary , 4K who signed said contract on behalf of the Contractor, was then v —ri -5'i `l 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, t3e-D1:4 M. 1` toNhl- -- 1 �s- t-rr certify that I am thebecretary of the Corporation named as Contractor in the foregoing Contract; that Carlton Seyforth, Assistant Secretary , 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: Ifiett4' 2-7 KIMBALL TOWER BOILER REPLACEMENT CIP No. 13-05 PARTNERSHIP CERTIFICATE STATE OF ) ) ss COUNTY OF ) On this day of , 2014, before me, the undersigned, a Notary Public in and for said County and State, personally appeared: (Notary Seal) known to me to be of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. Signature: Name (Type or Print): (Notary Public in and for said County and State) My Commission expires: 2-8 KIMBALLTOWER BOILER REPLACEMENT CIP No. 13-05 PERFORMANCE BOND WHEREAS, the City Council of the City of National City, by Resolution No. 2014-84, passed the 17th day of June, 2014 has awarded to ACCO Engineered Systems, hereinafter designated as the "Principal", the KIMBALL TOWER BOILER REPLACEMENT, CIP No. 13-05. 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 of the City of National City, hereinafter called the "Council", in the penal sum of One Hundred Seventv-One Thousand, Five Hundred Ninety Three Dollars and No/100 ($171,593.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the above bounden Principal, his/her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said contract any alteration thereof made as therein provides, on his or their part, to be kept and performed at the time and in the amount therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of National City, the City Council, their officers, agents, and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. 2-9 KIMBALLTOWER BOILER REPLACEMENT CIP No. 13-05 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 2014. day of , (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) Surety Principal 2-10 KIMBALLTOWER BOILER REPLACEMENT CIP No. 13-05 PERFORMANCE BOND ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF ) ) ss COUNTY OF ) On this day of , 2014, 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: 2-11 KIMBALLTOWER BOILER REPLACEMENT CIP No. 13-05 PAYMENT BOND WHEREAS, the City Council of the City of National City, by Resolution No. 2014-82, passed the 17th day of June, 2014 has awarded ACCO Engineered Systems, hereinafter designated as the "Principal", the KIMBALLTOWER BOILER REPLACEMENT, CIP No. 13-05. 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 One Hundred Seventy -One Thousand, Five Hundred Ninety Three Dollars and No/100 ($171,593.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION 15 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. 2-12 KIMBALL TOWER BOILER REPLACEMENT CIP No. 13-05 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 day of , 2014. (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) Surety Principal 2-13 KIMBALLTOWER BOILER REPLACEMENT CIP No. 13-05 STATE OF ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY ) ss COUNTY OF On this day of , 2014, 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: 2-14 KIMBALL TOWER BOILER REPLACEMENT CIP No. 13-05 Bond Number: 09150246 PERFORMANCE BOND Premium: $1,593.00 WHEREAS, the City Council of the City of National City, by Resolution No. 2014-84, passed the 17th day of June, 2014 has awarded to ACCO Engineered Systems, hereinafter designated as the "Principal", the KIMBALL TOWER BOILER REPLACEMENT, CIP No. 13-05. 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 Fidelity And Deposit Company Of Maryland 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 One Hundred Seventy -One Thousand, Five Hundred Ninety Three Dollars and No/100 ($171,593.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the above bounden Principal, his/her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said contract any alteration thereof made as therein provides, on his or their part, to be kept and performed at the time and in the amount therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of National City, the City Council, their officers, agents, and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. 2-9 KIMBALL TOWER BOILER REPLACEMENT C1P No. 13-05 Bond Number: 09150246 Premium: $1,593.00 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 2014. Simone Gerhard, Attorney -In -Fact Surety Principal and Surety above named, on the lst day of June sit Company Of Maryland SEAL) ACCO Engineered Systems, Inc. (SEAL) (SEAL) (SEAL) .(SEAL) (SEAL) Seyfort , A sistant Secretary SEAL Principal 2-10 CALIFORNIA ALL-PURPOSE, ACKNOWLEDGMENT State of California County of Los Angeles On JUL 01 2014 before me, Tracy Aston, Notary Public, personally appeared Simone Gerhard who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity(ies), and that by her signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. TRACY ASTON �,. Commission # 1933075 Notary Public - California z Los Angeles County " My Comm. Expires May 15, 2015 1 Tracy Aston, Notary Public ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY ANI) SURETY COMPANY. a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by THOMAS O. MCCLELLAN, Vice President, in pursuance of authority granted by Article V, Section 8. of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Simone GERHARD, of Los Angeles, California, its true and lawful agent and Attorney -in -Fact, to make. execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall he as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York. New York.. the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY ANI) SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 7th day of June, A.D. 2012. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND Assistant Secretary Eric D. Barnes Thomas O. McClellan Vice President State of Maryland City of Baltimore On this 7th day of June, A.D. 2012, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified. THOMAS O. MCCLELLAN, Vice President, and ERIC D. BARNES, Assistant Secretary, of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument. and acknowledged the execution of same, and being by me duly sworn, deposeth and saith. that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, 1 have hereunto set my hand and affixed my Official Seal the day and year first above written. •ll Ckl�l/.r, , 1 0 I. Maria D. Adamski, Notary Public My Commission Expires: July 8, 2015 POA-F 012-3275E KIMBALL TOWER BOILER REPLACEMENT CIP No, 13-05 Bond Number. 09150246 PAYMENT BOND Premium: Included WHEREAS, the City Council of the City of National City, by Resolution No. 2014-82, passed the 17th day of June, 2014 has awarded ACCO Engineered Systems, hereinafter designated as the "Principal", the KIMBALL TOWER BOILER REPLACEMENT, CIP No. 13-05. 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 Fidelity And Deposit Company Of Maryland 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 One Hundred Seventy -One Thousand, Five Hundred Ninety Three Dollars and No/100 [5171,593.0011awful 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, tirmly 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 fait 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 lahnr the Surety will pay fnr thr, camp in Rn 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, 2-12 KIMBALL TOWER BOILER REPLACEMENT CIP No.13-05 Premium: Included Bond Number: 09150246 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 SPP king 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 oilman described in Section 11() or 1-17 of thp 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 purpose; he deemed An original therenf, have been duly executed by the Principal , 2014. and Surety above named, on the 1st Fidelity And day of June osit Company Of Maryland_(SEAL) ACCO Engineered Systems, Inc. , Attorney -In -Fact Surety (SEAL) Principal (SEAL) 2-13 KIMBALL TOWER BOILER REPLACEMENT CIP No. 13-05 STATE OF Bond Number: 09150246 Premium: Included ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY COUNTY OF ) ss On this day of , 2014, 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 corporationnamed d5 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. Signature: NOTE: The Attorney -in -fact must attach certified copy of the Power of Attorney. ***SEE ATTACHED CALIFORNIA ALL-PURPOSE NOTARY ACKNOWLEDGMENT*** Name (Type or Print): (Notary Public in nd for said County and State) My Commission expires: 2-14 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On JUL d 1 201before me, Tracy Aston, NotaryPublic, ,personally appeared Simone Gerhard who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity(+es), and that by her signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. TRACY ASTON Commission > 1933075 Notary Public - California z Lcs Angeles County My Comm.Expires May 15, 2015 Tracy Aston, Notary Public ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by THOMAS O. MCCLELLAN, Vice President, in pursuance of authority granted by Article V. Section 8, of the Hy -Laws of said Companies. which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute. and appoint Simone GERHARD, of Los Angeles, California, its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall he as binding upon said Companies, as fully and amply, to all intents and purposes. as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland.. and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills. Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the Hy -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 7th day of June. A.D. 2012. ATTEST: B Assistant Secretary ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND Vice President Eric D. Barnes Thomas O. McClellan State of Maryland City of Baltimore On this 7th day of .tune, A.D. 2012, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, THOMAS O. MCCLELLAN, Vice President, and ERIC D. BARNES, Assistant Secretary, of the Companies, io me personally known to be the individuals and officers described in and who executed the preceding instrument. and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instniment by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF. I have hereunto set my hand and affixed my Official Seal the day and year first above written. f Maria D. Adamski, Notary Public My Commission Expires: July 8, 2015 POA-F 012-3275E AS A TRUE DOCUC CK"" WATERMARK AND VISIBLE FIBERS FROM BOTH SIDES 86118 BUSINESS LICENSE CERTIFICATE CITY OF NATIONAL CITY PURSUANT TO CITY ORDINANCE THIS LICENSE IS HEREBY GRANTEi FOR HE BUs DESCRIPTION HVAC CONTRACTOR BUSINESS ADDRESS 6265 SAN FERNANDO BUSINESS E ACCO ENGINEERED SYST ATTN: MAILING RE$s 6265 SAN FERNANDO RD GLENDALE, CA 91201-2214 POST IN A CONSPICUOU TIOF F*RDTE ED AND REFLECTS FLUORESCENT FIBERS UNDER UV L,IG KEEP FOR YOUR RECORDS BUSINESS TAX RECEIPT License No. 86118 B 32©©.00 SB1186 $1.00 TOTAL $201.00 State Of California R::;.:;,,.CONTRACTORS STATE LICENSE BOARD con, �,.� ACTIVE LICENSE A(iai n 120696 E., CORP ACCO ENGINEERED SYSTEMS INC Clessikdonts) C-4 C20 C36 C38 C10 8 A ASB &prelim fiat 12/31/2015 www. csIb. ca.gov. . 7/2/2014 4:42:32 PM Faxserver 847-953-5390 Page 3 A Arke CERTIFICATE OF LIABILITY INSURANCE UATE(NNVIID!YYYY) 07/02,2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY CERTIFCATE DOES NOT AFFIRMA11YELY OR NEGATIVELY AMEND, BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE REPRESENTATIVEOR-PRODUCER AND THE CERTIFICATE HOLDER AND CONFERS NO RIGHTS ICON THE CERTIFICATE EXTEND OR ALTER THE COVERAGE AFFORDED HOLDER. THIS BY THE POLICIES AUTHORIZED A CONTRACT BETWEEN THE ISSUING INSURER(S), IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the the terms and carnations elf tine policy, certain policies may require an endorsement certificate holder In ileu of such endoS6i ert(s). pehey(ies) must be endorsed. If SUBROGATION IS WAIVED; subject to confer rights to the A b1db.men1 on this certificate does not PRODUCER Aon Risk Snsurance services west, The. IDs Angeles CA Office 707 wilshire Boulevard Suite 2600 Los Angeles CA 90017 0460 USA CONTACT rE INC. Ms - C866) 2 83- 7122 mil. CSOD) 363-0105 E#IAIL ADDRESS_ INSURER(S)AfFORDING COVERAGE NA1C# 'wsl>tR® ACED Engineered Systems. roc. 6265 San Fernando Road Glendale. CA 91701 USA INSURER A; Greenwich insurance Company 22322 NiSITPERH- XL specialty Insurance Co 37885 INSURER- C- North .American Elite Insurance Cordially 24700 INSURER Tb- INSURER E: INSURER ER F: OVERAGES CERTIFICATE .NUMBER: 570054485081 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR 111E POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDMON 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 70 ALL THE TERMS, EXCLUSIONS AND CONDfr10NS OF SUCI I POLICIES. LIMITS SI;OWN MAY I !AVE BEEN REDUCED BY PAID CLAIMS. Units shown are as requested INSR WI TYPEOFAISURANCE A SUM' POLICY�c Y raR POLE, EYE POLICYEGA UNITS ^ � X CONNERCIAL GEPERALLLIABLLTY GO It7I»014 EACH OCCURRENCE . $1,000.000 CLArdSAMCE i !!! OCCUR - RENTED PREMISES Ea occ,enp; S300,000DAM4(E RED DCP Wry one person) 55,000 PERSONAL 3 ADV INJURY $1,000,000 GEN'L AGGREGATE LINT APPLIES PMGENERAL AGGREUATE S2,000,000 POLICY �RECT Q Loc PRODUCTS-caLavoPaGG 32,000,000 OTHER: A RAD 500014306 10/01/2013 10/U1/2014- t" cahoot r- Ira, AnmNOREELIaeLi r fEa �) SZ,000,000 x ANTRUM RODLY INJURY i Per pence) — ALLava4tD —SCHEDULED AUTOS BODILY RIMY Me, atomm) x A AUTO& max AUTOS X W°""°1 TEL AUTOS PROPERTY DAMAGE !Per aoOden0 ._. c X n e euwuAa x occtia ums200002600 10/01/2013 10/01/2014 EALi4OCCURREIX:E S2,000,000 EXCESS CLi6 CLAMS -MADE AGGREGATE S2,000,000 DED X RL Lnrnlit25 ono a WORKERS COMPENSATION WO ENPLOYME LIADILLTY 100500014806 10/01/201310/0 /2014 x PERSTATUTE OTH- FR YAM ANY PROPRIETOR/ PARTNER; necume N NIA EL EACH ACCIDENT S1,000,000 OrFICERSIEMEERIDELA=O Warmatay m Neq E L. DISEASE -EA F..M1PLOYFE 51, 000, 000 Eyescanon. nRfJ DESCRIPTIONCC eA'liCAi below EL USEASEPOLEY LSAT S1,000, 000 DESCRIPTION OF OPERATIONS t LOCATIONS / VEHICLES IACORD 181. Additional Remake Schedule, may be attuned Emote space is required) Tee construction. Acco Rob No. 856192, Holder iob No. 13-05, Kimball Tower Boiler Replacement, 1317 "D" Avenue. National city. CA 91950.2 [Ai. City of National city and -its employees, officers, agents, contract employees and design, project management, construction mans ement and inspection consultants] are included es Additional Insured with resper:t to the General Liability and Auto Liability policies; granted a waiver of subrogation forGeneral Ltabtltty, AUTO Liability. and workers' Compensation policies; and the General Liability policy evidenced herein is Primary and Non -Contributory to other insurance available, as required by _written contract. but linoted to the operations of the insured under said contract. CERTIFICATE HOLSTER City of National City Attn: Stephen ssingarnello, city Engineer 1243 National City Boulevard National City CA 91450 USA I I ATMON SHOULD ANY OF me ABOVE DperaseD POLICIES OE CANCELLED Berole THE EXPIRATION DATE THEREOF, NOTICE MALL HE D LIVERED M ACCORDANCE WITH THE PO ICYPRDVISOFts. AUTHORIZED PRESENT/. eox c irdfN6NaC e /LtAo1{! WAY'. 0 at C n 0 Ea rbn crtsss-2Qi4 ACORD CORPORATION Alt rights reserved. ACORD 2S(2014101) The ACORD name and logo are registered marks, of ACORD 7/2/2014 4:43:01 PM Faxserver 847-953-5390 Page 4 POLICY NUMBER: RGD500015006 COMMERCIAL GENERAL LIABILITY CG20100413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons) Or Organization(s) Location(s) Of Covered Operations -Any person or organization for whom the Named Insured -has agreed to provide insurance prior to loss as provided by this pdicy but only to the limit and scope of insurance agreed to by the Named Insured. Ail I orations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section 11 — Who Is An Insured is amended to include as an additional insured the person(s) or organicatton(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf, in the performance of your ongoing operations for the additional insured(s) at the Iocation(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2, rf coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to 'bodily injury" or 'property damage" occurring after. 1, All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in pet fowling operations for a principal as a part of the same project. CG 20 10 0413 P. Insurance Services Office, Inc., 2012 Pagel of 2 7/2/2014 4:43:42 PM Faxserver 847-953-5390 Page 5 G. With respect to the insurance afforded to these additional insureds, the following is added to Section 1I1— Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional irsuredis The amount of insurance: 1. Required by the contract or agreement; or 2 Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 } Insurance Services Office, Inc., 2012 CG 2010 0413 7/2/2014 4:43:44 PM Faxserver 847-953-5390 Page 6 POLICY NUMBER: RGD500015006 COMMERCIAL GENERAL LIABILITY CG 2037 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organizations) Location And Description Of Completed Operations Any person or organization for whom the Named Insured has agreed to provide insurance prior to loss as provided by this policy but only to the limit and scope of insurance agreed to by the Named Insured. All locations Information required to complete this Schedule, if not shown above, wit! be shrrivn in the Declarations. A. Section 0 — Who is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury` or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However. 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 0413 0 Insurance Services Office, Inc., 2012 Page 1 of 2 7/2/2014 4:44:19 PM Faxserver 847-953-5390 Page 7 E With respect to the insurance afforded to these additional insureds, the following is added to Section fif — Limits Of insurance: If coverage provided to the additioriai insured is required by a contract or agreement, the most we will pay on behalf of the additional insure i is the amount of insurance: 1. Required by the contract or agreement or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 0 !SO Properties. Inc., 2004 CO 20 37 07 04 CI 7/2/2014 4:44:34 PM Faxserver 847-953-5390 Page 8 POLICY NUMBER RGD500015006 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER.. OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person OrOrydlflcetion: Where required by written contract or agreement executed prior to loss (except where not permitted by law). Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV - Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products - completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 9 Insurance Services Office, Inc., 2008 Page 1 of 1 CI 7/2/2014 4:45:03 PM Faxserver 847-953-5390 Page 9 POLICY NUMBER: RGD500015006 COMMERCIAL GENERAL LIABILITY CG25030509 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Projects): Designated Project General Aggregate: $2,000,000 All Projects General Aggregate: $20,000,00O Per schedule on file whir company or any construction project where required by contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. For all sums which the insured becomes legally obligated to pay as damages caused by 'occur- rences" under Section 1— Coverage A, and for all medical expenses caused by accidents under Section 1 — Coverage C, which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. A separate Designated Construction Project General Aggregate Limit applies to each des- ignated construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, ex- cept damages because of `bodily injury" or "property damage" included in the 'products - completed operations hazard", and for medi- cal expenses under Coverage C regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". CG 25 030509 © Insurance Services Office, Inc., 2008 Page 1 of 2 7/2/2014 4:45:18 PM Faxserver 847-953-5390 Page 10 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated Con- struction Project General Aggregate Limit for that designated construction project. Such payments shall not reduce the General Ag- gregate Limit shown in the Declarations nor shalt they reduce any other Designated Con- struction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Decla- rations, such limits will be subject to the appli- cable Designated Construction Project Gen- eral Aggregate Limit. B. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrenc- es" under Section i-- Coverage A, and for all medi- cal expenses caused by accidents under Section 1— Coverage C, which cannot be attributed only to ongoing operations at a single designated construc- tion project shown in the Schedule above: 1. Any payments made under Coverage A for damages or under Coverage G for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products -completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shalt not reduce any Desig- nated Construction Project General Aggre- gate Limit. C. When coverage for liability arising out of the "products -completed operations hazard" is provided, any payments for damages because of 'bodily inju- ry" or "property damage' included in the 'products - completed operations hazard" will reduce the Prod- ucts -completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Desig- nated Construction Project General Aggregate Limit. D. If the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contract- ing parties deviate from plans, blueprints, de- signs, specifications or timetables, the project will still be deemed to be the same construction pro- ject. E. The provisions of Section 10 — limits Of Insur- ance not otherwise modified by this endorsement shall continue to apply as stipulated. Page 2 of 2 0 Insurance Services Office, Inc., 2008 CG 25 03 05 09 7/2/2014 4:46:18 PM Faxserver 847-953-5390 Page 11 POUCY NUMBER: RAD500014906 COMMERCIAL AUTO CA 04 44 0310 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the fallowing: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, Me provisions of the Coverage Form apply unless modi- fied by the ei,du s,ement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: ACCO ENGINEERED SYSTEMS, INC. Endorsement Effective Date: October 1, 2013 SCHEDULE Nauib(a) Of Persons) Or Organizations) Where required by written contract or agreement executed prior to loss (except where not permitted by law). Information required to complete this Schedule, 'rf not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Oth- ers To Us Condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "ac- cident" or the "loss" under a contract with that person or organization. CA04440310 0 Insurance Services Office, Inc., 2009 Page 1 of 1 7/2/2014 4:46:20 PM Faxserver 847-953-5390 Page 12 POLICY NUMBER:RAD500014906 COMMERCIAL AUTO CA20480299 THIS ENDORSEMENT CHANGES THE POLICY_ PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form ap, ly unless modi- fied by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provi- sion of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below: Endorsement Effective: October 1, 2013 Countersigned By. (Authorized Representative) Named Insured: ACCO ENGINEERED SYSTEMS, INC. SCHEDULE Name of"Person(s) or Organization(s): Where required by written contract executed prior to loss. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement) Each person or organization shown in the Schedule is an insured' for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section H of the Coverage Form. CA20480299 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 a 7/2/2014 4:4G:44 PM Faxserver 847-953-5390 Page 13 ENDORSEMENT #009 This endorsement, effective 12:01 a.m., October 1, 2013 forms a part of Policy No. RGD500015006 issued to ACCO ENGINEERED SYSTEMS, INC_ by Greenwich Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY_ PLEASE READ IT CAREFULLY. PRIMARY INSURANCE CLAUSE ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLE ► LD OPERATIONS COVERAGE PART It is agreed that to the extent that insurance is afforded to any Additional Insured under this policy, this insurance shall apply as primary and not contributing with any insurance carried by such Additional Insured, as required by written contract. Ali other terms and conditions of this policy remain unchanged. XIL 424 0605 ©, 2005, XL America, Inc. 71Z/Z014 4:47:08 PM Faxserver 847-953-5390 Page 14 WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 4-84) WAIVER. OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT- CALIFORNIA This endorsement changes the policy to which it is attached effective an the inception date of the policy unless a different dale is indicated below. (The following "'attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on Policy No. RWD500014806 of the XL Specialty Insurance Company October 1, 2013 at 12:01 AM. standard time, forms a part of 'Is -sired to ACCO ENGINEERED SYSTEMS, INC. Premium (if any) $ Included Endorsement No. Authorized Representative We have the right to recover our payments from anyone liable for an injury covered by this policy_ We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you pet foi m work under a written contract that regtires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2% of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization- JobDescription Where required by wailer' yy agreement signed prior to loss. WC 252 (4-84) WC 04 03 08 (Ed_ 4-84) et Copyright 1998 by the Walkers` Compensation lnstrance Rating Bureau of California_ Ail rights reserved. Page 1 of 1 RESOLUTION NO. 2014 — 82 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO ACCO ENGINEERED SYSTEMS IN THE NOT TO EXCEED AMOUNT OF $171,593.00 FOR THE KIMBALL TOWER BOILER REPLACEMENT PROJECT, AUTHORIZING A 15% CONTINGENCY IN THE AMOUNT OF $25,738.95 FOR ANY UNFORESEEN CHANGES, AND AUTHORIZING THE MAYOR TO EXECUTE SAID CONTRACT WHEREAS, the Engineering Division of the Development Services Department, in open session on June 3, 2014, did publicly open, examine, and declare four sealed bids for the Kimball Tower Boiler Replacement Project ("Project"); and WHEREAS, ACCO Engineered Systems was the lowest responsive bidder with a proposed bid amount of $171,593.00; and WHEREAS, a 15% contingency amount up to $25,738.95 for any unforeseen changes to the Project is requested. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for the Kimball Tower Boiler Replacement Project to the lowest responsive, responsible bidder, to wit: ACCO ENGINEERED SYSTEMS BE IT FURTHER RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute on behalf of the City a contract in the amount of $171,593.00 to ACCO Engineered Systems for the Kimball Tower Boiler Replacement Project. Said contract is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the City Council hereby authorizes a 15% contingency amount up to $25,738.95 for unforeseen changes to the Project. PASSED and ADOPTED this 17th day of June, 201 ATTEST: Michael R. Dalla, City Clerk ROVED AS TO FORM: is City Attor ua Silva on Morrison, Mayor Passed and adopted by the Council of the City of National City, California, on June 17, 2014 by the following vote, to -wit: Ayes: Councilmembers Cano, Morrison, Natividad, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California City the City National City, California Jerk of By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2014-82 of the City of National City, California, passed and adopted by the Council of said City on June 17, 2014. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA . COUNCIL AGENDA STATEMENT ""ETING DATE: June 17, 2014 AGENDA ITEM NO. 17 ITEM TITLE: Resolution of the City Council of the City of National City, 1) awarding a contract in the not to exceed amount of $171,593.00 to ACCO Engineered Systems for the Kimball Tower Boiler Replacement Project, Specification No. 13-05, 2) authorizing a 15% contingency in the amount of $25,738.95 for any unforeseen changes, and 3) authorizing the Mayor to execute the contract PREPARED BY: Stephen Manganiello PHONE: 336-4382 EXPLANATION: See attached. FINANCIAL STATEMENT: ACCOUNT NO. 001-409-500-598-1593 (Kimball Tower Rehab) ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: DEPARTMENT: Engineering & Public Works APPROVED BY: APPROVED:77j APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Bid Opening Summary 3. Three Lowest Bidders Summary 4. Resolution EXPLANATION The Kimball Tower Boiler Replacement Project, CIP No. 13-05, will deliver new and replacement mechanical components for improved hot water delivery for the Kimball Tower Senior Housing Building at 1317 "D" Avenue. The scope of work is intended to improve the overall efficiency of the heating plant and domestic water heating equipment, and allow for code compliance and safety enhancements. In May 2014, the bid solicitation was advertised in local newspapers and posted on the City's website. On June 3, 2014, four sealed bids were received by the deadline, opened, and publicly disclosed. ACCO Engineered Systems was the apparent low bidder with a total bid amount of $171,593.00. Upon review of all documents submitted and reference checks, ACCO Engineered Systems' bid is responsive, and they are the lowest responsible bidder qualified to perform the work as described in the project specifications. Attached are the bid opening results and a line -item summary of the three lowest bidders. Staff recommends the following: 1) award a contract in the not -to -exceed amount of $171,593.00 to ACCO Engineered Systems for the Kimball Tower Boiler Replacement Project, CIP No. 13-05; 2) authorize a 15% contingency in the amount of $25,738.95 for any unforeseen changes; and 3) authorize the Mayor to execute the contract. BID OPENING SPECIFICATION NUMBER: 13-05 PROJECT TITLE: KIMBALL TOWER BOILER REPLACEMENT TIME: 2:30 P.M. DATE: TUESDAY, JUNE 3, 2014 ESTIMATE: BASE BID: $200,000 PROJECT ENGINEER: STEPHEN MANGANIELLO NO. BIDDER'S NAME (PAGE ) BID AMOUNT (PAGE ) ADDENDA (PAGE ) BID SECURITY (PAGE BOND) 1. ACCO Engineer Systems 9040 Kenamar Drive, Suite 406 San Diego, CA 92121-2433 $171,593.00 1 Bond 2. Air Temperature Specialist 26023Jefferson Ave., Suite B Murrieta, CA 92562 8216,575.00 1 Bond 3. K3MCorp. 1315 Hot Spring Way, Suite 109 Vista, CA 92081 5231,888.00 1 Bond 4. Jackson & Blanc 7929 Arjons Drive San Diego, CA 92126 $235,100.00 1 Bond KIMBALL TOWER BOILER REPLACEMENT PROJECT, CIP NO. 13-05 ACCO Engineered Systems Air Temperature Specialists K3M Corp Item No. Description Unit Qty. Unit Price Extension (Quantity x Unit Price) Unit Price Extension (Quantity x Unit Price) Unit Price Extension (Quantity x Unit Price) 1 Mobilization LS 1 $ 7,075.00 $ 7,075.00 $ 7,000.00 $ 7,000.00 $ 12,000.00 $ 12,000.00 2 Replace boilers, system upgrades LS 1 $ 157,437.00 $ 157,437.00 $ 197,927.00 $ 197,927.00 $ 208,863.00 $ 208,863.00 3 Bonding LS 1 $ 1,581.00 $ 1,581.00 $ 6,148.00 $ 6,148.00 $ 5,525.00 $ 5,525.00 4 Field orders $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 5 Permit fees $ 500.00 $ 500.00 $ 500.00 $ 500.00 $ 500.00 $ 500.00 *Extension price adjusted due to calculation errors Base Bid Total* $ 171,593.00 Base Bid Total $ 216,575.00 Base Bid Total $ 231,888.00 RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO ACCO ENGINEERED SYSTEMS IN THE NOT TO EXCEED AMOUNT OF $171,593.00 FOR THE KIMBALL TOWER BOILER REPLACEMENT PROJECT, AUTHORIZING A 15% CONTINGENCY IN THE AMOUNT OF $25,738.95 FOR ANY UNFORESEEN CHANGES, AND AUTHORIZING THE MAYOR TO EXECUTE SAID CONTRACT WHEREAS, the Engineering Division of the Development Services Department, in open session on June 3, 2014, did publicly open, examine, and declare four sealed bids for the Kimball Tower Boiler Replacement Project ("Project"); and WHEREAS, ACCO Engineered Systems was the lowest responsive bidder with a proposed bid amount of $171,593.00; and WHEREAS, a 15% contingency amount up to $25,738.95 for any unforeseen changes to the Project is requested. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for the Kimball Tower Boiler Replacement Project to the lowest responsive, responsible bidder, to wit: ACCO ENGINEERED SYSTEMS BE IT FURTHER RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute on behalf of the City a contract in the amount of $171,593.00 to ACCO Engineered Systems for the Kimball Tower Boiler Replacement Project. Said contract is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the City Council hereby authorizes a 15% contingency amount up to $25,738.95 for unforeseen changes to the Project. PASSED and ADOPTED this 17th day of June, 2014. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ron Morrison, Mayor RESOLUTION NO. 2014 — 82 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO ACCO ENGINEERED SYSTEMS IN THE NOT TO EXCEED AMOUNT OF $171,593.00 FOR THE KIMBALL TOWER BOILER REPLACEMENT PROJECT, AUTHORIZING A 15% CONTINGENCY IN THE AMOUNT OF $25,738.95 FOR ANY UNFORESEEN CHANGES, AND AUTHORIZING THE MAYOR TO EXECUTE SAID CONTRACT WHEREAS, the Engineering Division of the Development Services Department, in open session on June 3, 2014, did publicly open, examine, and declare four sealed bids for the Kimball Tower Boiler Replacement Project ("Project"); and WHEREAS, ACCO Engineered Systems was the lowest responsive bidder with a proposed bid amount of $171,593.00; and WHEREAS, a 15% contingency amount up to $25,738.95 for any unforeseen changes to the Project is requested. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for the Kimball Tower Boiler Replacement Project to the lowest responsive, responsible bidder, to wit: ACCO ENGINEERED SYSTEMS BE IT FURTHER RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute on behalf of the City a contract in the amount of $171,593.00 to ACCO Engineered Systems for the Kimball Tower Boiler Replacement Project. Said contract is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the City Council hereby authorizes a 15% contingency amount up to $25,738.95 for unforeseen changes to the Project. PASSED and ADOPTED this 17th day of June, 20 ATTEST: Michael R. Daila, City Clerk ,1.111 1►�.i1 ua Silva ROVED AS TO FORM: City Attor on Morrison, Mayor Passed and adopted by the Council of the City of National City, California, on June 17, 2014 by the following vote, to -wit: Ayes: Councilmembers Cano, Morrison, Natividad, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California MICHAEL R. DALLA City Clerk of the City of National City, California By: Deputy HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2014-82 of the City of National City, California, passed and adopted by the Council of said City on June 17, 2014. Id) n Clerk of the City of City al City, California By: Deputy frit C68 8 7�$ ENGINEERING DEPARTMENT 1243 NATIONAL CITY BOULEVARD, NATIONAL CITY, CA 91950 TEL: 619/336-4380 FAX: 619/336-4397 June 26, 2014 ACCO Engineered Systems 9040 Kenamar Drive, Suite 406 San Diego, CA 92121 Attn: Stevens Smith Project: KIMBALL TOWER BOILER REPLACEMENT, CIP NO. 13-05 Subject: NOTICE OF CONTRACT AWARD Dear Mr. Smith: 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 $171,593.00. 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 no later than Wednesday, July 3, 2014. 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). 5. General Liability Insurance (Limits shall be in accordance with Project Specifications Section 7-3) 6. Worker's Compensation Insurance Certificate as required by Section 3700 of the California Labor Code. 7. 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 Stephen Manganiello at (619) 336-4380ihe can assist you 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 reached at (619) 244-3118. Sincerely, tephen nganiello ity Engi er Enclosures cc: City Clerk Risk Manager kk:jha2 spec/Noa13-01 OWNER - CONTRACTOR AGREEMENT KIMBALL TOWER BOILER REPLACEMENT, CIP No. 13-05 This Owner -Contractor Agreement ("Agreement") is made by and between the City of National City, a California municipal corporation ("Owner"), 1243 National City Boulevard, California 91950 and ACCO Engineered Systems,("Contractor"), 9040 Kenamar Drive, Suite 406, San Diego, CA 92121, on the 17th day of June, 2014, for the construction of the above referenced Project. In consideration of the mutual covenants and agreements set forth herein, the Owner and Contractor have mutually agreed as follows: 1. CONSTRUCTION The Contractor agrees to do all the work and furnish all the labor, services, materials and equipment necessary to construct and complete the Project in a turn -key manner in accordance with this Agreement and all documents and plans referenced in Exhibit "A", (hereinafter "Contract Documents"), in compliance with all relevant Federal, State of California, County of San Diego and City of National City codes and regulations, and to the satisfaction of the Owner. 2. CONTRACT PRICE Owner hereby agrees to pay and the Contractor agrees to accept as full compensation for constructing the project in accordance with these Contract Documents in an amount not to exceed the contract price as set forth in Exhibit "B" attached hereto and incorporated herein by reference. Payments to the Contractor shall be made in the manner described in the Special Provisions. 3. TIME FOR PERFORMANCE Time is of the essence for this Agreement and the Contractor shall construct the project in every detail to a complete and turn -key fashion to the satisfaction of the Owner within the specified duration set forth in the Special Provisions. 4. NON-DISCRIMINATION In the performance of this Agreement, the Contractor shall not refuse or fail to hire or employ any qualified person, or bar or discharge from employment any person, or discriminate against any person, with respect to such person's compensation, terms, conditions or privileges of employment because of such person's race, religious status, sex or age. 1 KIMBALLTOWER BOILER REPLACEMENT CIP No. 13-05 5. AUTHORIZED OWNER REPRESENTATIVES On behalf of the Owner, the Project Manager designated at the pre -construction meeting shall be the Owner's authorized representative in the interpretation and enforcement of all Work performed in connection with this Agreement. 6. WORKERS' COMPENSATION INSURANCE a) By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement. b) The Contractor shall require each subcontractor to comply with the requirements of Section 3700 of the Labor Code. Before commencing any Work, the Contractor shall cause each subcontractor to execute the following certification: "I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement." 7. ENTIRE AGREEMENT; CONFLICT The Contract Documents comprise the entire agreement between the Owner and the Contractor with respect to the Work. In the event of conflict between the terms of this Agreement and the bid of the Contractor, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid conflicting herewith. 8. MAINTENANCE OF AGREEMENT DOCUMENTATION Contractor shall maintain all books, documents, papers, employee time sheets, accounting records and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by Owner and copies thereof shall be furnished to Owner if requested. 9. INDEPENDENT CONTRACTOR At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee, agent, partner or joint venturer of the Owner. 2-2 KIMBALL TOWER BOILER REPLACEMENT CIP No. 13-05 Owner shall have the right to control Contractor insofar as the results of Contractor's services rendered pursuant to this Agreement; however, Owner shall not have the right to control the means by which Contractor accomplishes such services. 10. LICENSES AND PERMITS Contractor represents and declares to Owner that it has all licenses, permits, qualifications and approvals of whatever nature which are legally required to practice its profession. Contractor represents and warrants to Owner that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any licenses, permits, qualifications or approvals which are legally required for Contractor to practice its profession. 11. HOLD HARMLESS AND INDEMNIFICATION Contractor shall protect, indemnify, defend (with counsel selected and satisfactory to the party being held harmless and indemnified) and hold harmless the City of National City, and all its private consultants and for each their elected officials, appointees, officers, agents, employees, contract employees, consultants, heirs and assigns from and against any and all types of liability, causes of action, claims, damages, demands, losses, expenses (including, but not limited to all attorneys' fees and legal costs), arising out of or resulting from, either directly or indirectly in accordance with the requirements of the special provisions. 12. GOVERNING LAW, VENUE This Agreement and the Contract Documents shall be construed under and in accordance with the laws of the State of California, and the appropriate venue for any action or proceeding arising from this Agreement and/or the Contract Documents shall be had in the Superior Court of San Diego, Central Branch. 13. COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall for all purposes be deemed to be an original. 14. FALSE CLAIMS Contractor acknowledges that if a false claim is submitted to the Owner, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the Owner seeks to recover penalties pursuant to the False 2-3 KIMBALL TOWER BOILER REPLACEMENT CIP No. 13-05 Claims Act, it is entitled to recover its litigation costs, including attorneys' fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. I have read and understood all of the provisions of this Section 15, above: (Initial) (Initial) 15. AGREEMENT MODIFICATION This Agreement and the Contract Documents may not be modified orally or in any manner other than by an amendment in writing and signed by the Owner and the Contractor. IN WITNESS WHEREOF this Agreement is executed as of the date first written above. Owner: Contractor: Mayor, City of National City (Owner/Officer signature) Attest: City Clerk, City of National City Print name and title (Second officer signature if a corporation) Print name and title Contractor's City Business License No. State Contractor's License No. and Class Business street address City, State and Zip Code Federal Tax ID no. (Notary acknowledgement of execution by all PRINCIPALS OF CONTRACTOR must be attached.) 2-4 KIMBALL TOWER BOILER REPLACEMENT CIP No. 13-05 EXHIBIT A CONTRACT DOCUMENTS Owner/Contractor Agreement Bid Schedule Addenda Plans Special Provisions (Specifications) San Diego County Regional Standard Drawings City of National City Standard Drawings Standard Specifications for Public Works Construction and Regional Supplements (Greenbook) State Standard Specifications State Standard Plans Permits issued by jurisdictional regulatory agencies Electric, gas, and communications companies specifications and standards Sweetwater Authority specifications and standards Specifications, standards and requirements of MTS, BNSF, SANDAG, Port of San Diego and all other agencies that may be adjacent and/or affected by the project. 2-5 KIMBALL TOWER BOILER REPLACEMENT PROJECT, CIP NO. 13-05 Item No. Description Unit Qty. Unit Price Extension (Quantity x Unit Price) 1 Mobilization LS 1 $ 7,075.00 $ 7,075.00 2 Replace boilers, system upgrades LS 1 $ 157,437.00 $ 157,437.00 3 Bonding LS 1 $ 1,581.00 $ 1,581.00 4 Field orders $ 5,000.00 $ 5,000.00 5 Permit fees $ 500.00 $ 500.00 Base Bid Total $ 171,593.00 KIMBALL TOWER BOILER REPLACEMENT CIP No. 13-05 CORPORATE CERTIFICATE I, certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that who signed said contract on behalf of the Contractor, was then of said Corporation; that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers. I, certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that , who signed said contract on behalf of the Contractor, was then of said Corporation; that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers. Corporate Seal: 2-7 KIMBALL TOWER BOILER REPLACEMENT CIP No. 13-05 PARTNERSHIP CERTIFICATE STATE OF ) COUNTY OF ) ss On this day of , 2014, before me, the undersigned, a Notary Public in and for said County and State, personally appeared: (Notary Seal) known to me to be of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. Signature: Name (Type or Print): (Notary Public in and for said County and State) My Commission expires: 2-8 KIMBALL TOWER BOILER REPLACEMENT CIP No. 13-05 PERFORMANCE BOND WHEREAS, the City Council of the City of National City, by Resolution No. 2014-84, passed the 17th day. of June, 2014 has awarded to ACCO Engineered Systems, hereinafter designated as the "Principal", the KIMBALLTOWER BOILER REPLACEMENT, CIP No. 13-05. 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 of the City of National City, hereinafter called the "Council", in the penal sum of One Hundred Seventy -One Thousand, Five Hundred Ninety Three Dollars and No/100 ($171,593.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the above bounden Principal, his/her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said contract any alteration thereof made as therein provides, on his or their part, to be kept and performed at the time and in the amount therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of National City, the City Council, their officers, agents, and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. 2-9 KIMBALLTOWER BOILER REPLACEMENT CIP No. 13-05 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 day of 2014. (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) Surety Principal 2-10 KIMBALL TOWER BOILER REPLACEMENT CIP No. 13-05 PERFORMANCE BOND ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF COUNTY OF On this day of , 2014, 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. ) 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: 2-11 KIMBALLTOWER BOILER REPLACEMENT CIP No. 13-05 PAYMENT BOND WHEREAS, the City Council of the City of National City, by Resolution No. 2014-82, passed the 17th day of June, 2014 has awarded ACCO Engineered Systems, hereinafter designated as the "Principal", the KIMBALLTOWER BOILER REPLACEMENT, CIP No. 13-05. 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 One Hundred Seventy -One Thousand, Five Hundred Ninety Three Dollars and No/100 ($171,593.001 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. 2-12 KIMBALL TOWER BOILER REPLACEMENT CIP No. 13-05 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 day of , 2014. (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) Surety Principal 2-13 KIMBALLTOWER BOILER REPLACEMENT CIP No. 13-05 ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF ) ) ss COUNTY OF ) On this day of , 2014, 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: 2-14 BIDDER'S PROPOSAL KIMBALL TOWER BOILER REPLACEMENT PROJECT, CIP No. 13-05 The undersigned hereby proposes to furnish any and all labor, materials, and equipment for the KIMBALL TOWER BOILER REPLACEMENT PROJECT, CIP No. 13-05, and appurtenant work in connection therewith, said work to be done and materials to be furnished in strict conformity with the plans, specifications, all other referenced documents and all codes and regulations the prices shown on this proposal. The undersigned has examined the location of the proposed work, and is familiar with the plans and specifications and the local conditions at the place the work is to be done, and also understands that the project will be completely constructed in turn -key condition acceptable to the Owner be for the price of the proposal, including all fees and sales tax upon any materials so furnished. The undersigned has also carefully checked all of the figures given and understands that the Owner will be responsible for any errors or omissions on the part of the undersigned in submitting this proposal. The Contractor confirms that his/her bid is submitted with respect to the changes to the contract included in all addenda issued by the Owner. Receipt is hereby acknowledged of Addenda No.(s) WARNING: If an addendum or addenda have been issued by the Owner and not noted above as being received by the bidder, this Bid may be rejected. The undersigned hereby proposes to furnish any and all labor, materials, and equipment to construct the KIMBALL TOWER BOILER REPLACEMENT PROJECT, CIP No. 13-05, and appurtenant work in connection therewith in strict conformity with the plans, specifications, all other referenced documents and all codes and regulations for the prices and amounts presented in this proposal. BASE BID Item No. Description Unit Qty. Unit Price Extension (Quantity x Unit Price) 1 Mobilization LS 1 i 7 07 S 4p 7 O 75 d p 2 Replace boilers, system upgrades IS 1 41 s7,4i 37 .. / 5--i-1 ei 37. co 3 Bonding LS 1 4' S C . bD4.(L t 5 g' '. U 0 4 Field orders $5,000 $5,000 5 Permit fees $500 $500 Base Bid Total 17 I , S / 3 . cc 1-1 KIMBALL TOWER BOILER REPLACEMENT PROJECT BIDDER'S PROPOSAL (continued) CIP No. 13-05 In the event of a variation between the unit price and extended total, the unit price will be used and the corrected extension will be considered as the amount bid. If the bid is illegible and cannot be reconciled it will be considered non -responsive and will not be considered for award. The lowest responsive bidder shall be determined by comparing sum of the base bid amount(s) with that of all additive or alternative bids (if any) of bidders deemed by the Owner to be responsive in all other aspects. If equal low bids are received from responsible and responsive bidders the selection shall be made by drawing lots, or other similar random blind method selected by the Owner. If only one responsive bid is received from a responsible bidder the award shall not be made unless the price can be determined to be reasonable based on an analysis by the Owner. The Owner's determination as to the reasonableness of any such bid shall be final. All bids received shall be recorded on an abstract (tabulation) of bids, and then made available for public inspection. The quantities listed in the bid proposal are provided to give a general indication of the scope of the work and for the comparison of bids. No warranty is made, either expressed or implied, that the actual quantities of work to be done will correspond therewith. Item numbers followed by "(5)" are designated as specialty items. The undersigned has examined the current State of California schedule of prevailing wage rates for the types of work to be done on this project and agrees to pay not less than these rates. By signing and submitting this bid the Contractor confirms that they are familiar with the work site and all existing conditions that may affect their work and that they have read and agree to all the terms, conditions and requirements contained or referenced herein and that all the aforementioned has been included in the bid prices listed above including items of work that may not have a specific pay line item and that there shall be no additional costs to the Owner. A cc-0 C �; e€. f-€1 s �€ S Legal name of the business r- }-1 Oyt Business Type (Lorporation, Partnership, Sole Proprietor) DBA (if any) Name and title of the owner S--eve-y, S. SY•-,;�-ti. Name and title of second partner or officer 1-2 KIMBALL TOWER BOILER REPLACEMENT PROJECT BIDDER'S PROPOSAL (continued) CIP No. 13-05 Ke vtaw'ar 1 c- . Business (858) Co5- Oc1o2_ Telephone number Mg) M g) 5 c:7(v - 1'3413 Facsimile number v✓1VloudQ act. c e(-vkW\ Email address of primary contact IA) L) w . 0 2.S . CO v►1 Company web address /Y ignature of Pri ,Tontractor Date ,5%vIA) J 5.1 / rm doe. v.' Print name and title r Signature of Prime Contractor (A. Date Print name and title (If the Prime Contractor is a corporation two signatures of corporate officers are required.) 1-3 KIMBALL TOWER BOILER REPLACEMENT PROJECT BIDDER'S PROPOSAL (continued) CIP No. 13-05 CERTIFICATE REGARDING CONTRACTOR'S LICENSE 1. Contractor is required to possess one of the following State Contractor's License: State of California Class "B" or "C4" Contractor's License 2. A failure to possess the required license, a failure to truthfully set forth the following information, or a failure to execute this Certificate renders the proposal nonresponsive and requires the City to reject the proposal. (Business and Professions Code Section 7028.15) 3. Contractor declares, under penalty of perjury, that he possesses the required Contractor's license(s) which: a. Bears the license number(s): 1 2 0 % co b. Expires on: I z-/1/Zots OillY Signature of Pri ' ontractor 5'4 D e Signature of Prime Con actor Date �Tw�N 5,.1, / ).ontj g 4v4.1 S4er el y r. Print name and title Print name and title (if the Prime Contractor is a corporation two signatures of corporate officers are required.) This required license determination has been made by the Owner. Any Contractor holding a different license who feels he is qualified to bid on this work must so advise the owner at least seven (7) days prior to the bid opening. A review of the contemplated work will be made and the Owner's decision as to the required license will be final. 1-4 KIMBALL TOWER BOILER REPLACEMENT PROJECT BIDDER'S PROPOSAL (continued) CIP No. 13-05 BID SECURITY FORM FOR BOND KNOW ALL MEN BY THESE PRESENTS That we ACCO Engineered Systems, Inc. as Principal, and Fidelity And Deposit Company Of Maryland as surety, are held and firmly bound unto THE CITY OF NATIONAL CITY hereinafter called the "Owner" in the penal sum of TEN PERCENT (10%) OF THE TOTAL AMOUNT OF THE BID or the principal above named, submitted by said Principal to the County for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. In no case shall the liability of the surety hereunder exceed the sum of $ Ten Percent of Amount Bid (10% of Amount Bid) THE CONDITION OF THIS OBLIGATION IS SUCH, That whereas the Principal has submitted the above mentioned bid to the Owner for certain construction specifically described as follows, for which bids are to be opened on the 3rd day of June , 2014, for KIMBALL TOWER BOILER REPLACEMENT PROJECT CIP No. 13-05 NOW, THEREFORE, IF the aforesaid principal shall not withdraw said bid within the period specified therein after the opening of the same, or, if no period be specified, with sixty (60) days after said opening, and shall within the period specified therefore, or, if no period be specified, within ten (10) days after the prescribed forms are presented to him for signature, enter into a written contract with the Owner in the prescribed form, in accordance with the bid as accepted, and file the two bonds with the Owner, one to guarantee faithful performance and the other to guarantee payment for labor and materials, as required by law, then this obligation shall be null and void; otherwise it shall be and remain in full force and virtue. In the event suit is brought upon this bond by the Owner and judgment is recovered, the surety shall pay all costs incurred by the Owner in such suit, including a reasonable attorney's fee to be fixed by the Court. IN WITNESS WHEREOF, we have hereunto set our hands and seals on this 29th day of May , 2014. ACCO Fngineered Systems. nt (SEAL) ,rra;; nd osit Com.an Of Mar land (SEAL) (SE/) (SEAL) Attorney -In -Fact 1-6 KIMBALL TOWER BOILER REPLACEMENT PROJECT BIDDER'S PROPOSAL (continued) CIP No. 13-05 BID SECURITY FORM FOR BOND ORNEY-IN-FACT ACKNOWLEDGEMENT OF SURETY STATE s COUNTY OF ) On this day of , 2014, before me, the undersigned, a Notary Public in and or said County and State, personally appeared known to me to be the person whose name is subscribed to th• within instrument as the attorney -in -fact of the , the corporation named as Surety in said instrument, and acknowledged to me tha +e subscribed the name of said corporation thereto as Surety, and his own name as attorney-in-fac NOTE: Signature of those executing for Surety must be properly acknowledged. Signature: NOTE: The ' ttorney-in-fact must attach a certifies opy of the Power of Attorney. Name (Type or Print): ***SEE ATTACHED CALIFORNIA ALL-PURPOSE NOTARY ACKNO EDGMENT*** Notary Public in and for said County and State My Commission expires: 1-7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On MAY 2 9 2014 before me, Tracy Aston, Notary Public, personally appeared Simone Gerhard who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity(ies), and that by her signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. TRACY ASTCN Commission # 1933075 6 Notary Public - California Los Angeles County My Comm. Expires May 15, 2015 Tracy Aston, Notary Public ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY. a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by THOMAS O. MCCLELLAN, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in hill force and effect on the date hereof, do hereby nominate, constitute. and appoint Simone GERHARD, of Los Angeles, California, its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall he as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland.. in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 7th day of June, A.D. 2012. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY ANI) DEPOSIT COMPANY OF MARYLAND Assistant Secretary Eric D. Barnes Thomas O. McClellan Vice President State of Maryland City of Baltimore On this 7th day of June, A.D. 2012, before thc subscriber, a Notary Public of the State of Maryland. duly commissioned and qualified, THOMAS O. MCCLELLAN, Vice President, and ERIC D. BARNES, Assistant Secretary, of the Companies, to me personally known to be the individuals and officers described in and who executed thc preceding instrument, and acknowledged the execution of same. and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. s� 6 !' O rrir''i. (") 1) '` r III','" Muria D. Adainski, Notary Public My Commission Expires: July 8, 2015 POA-F 012-3275E EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Altornevs-in-Fact. The Chief Executive Officer. the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company. and may authorize any officer or any such attorney -in -fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I. the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and 1 do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may he signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof hearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May. 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the loth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter. wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOFhI avc hereunto subscribed my name and affixed the corporate seals of the said Companies, this __ day of MAY 2 9 2f 4, 20 James M. Carroll, Vice President KIMBALL TOWER BOILER REPLACEMENT PROJECT BIDDER'S PROPOSAL (continued) CIP No. 13-05 NON -COLLUSION AFFIDAVIT The undersigned, in submitting a bid for performing the following work by Contract, being duly sworn, deposes and states: That he/she has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding and has not accepted any deposit from any Subcontractor or Materialman through and bid depository, the bylaws, rules and regulations of which prohibit or prevent the Contractor from considering any bid from any Subcontractor or Materialman, which is not processed through said bid depository, or which prevent any Subcontractor or Materialman from bidding to any Contractor who does not use the facilities or accept bids from or through such bid depository in connection with this Contract. ignature of Priontractor Da e Signature of Prime Contractor Date 67tveiv '.hiT/ ,54). v/. 71-,,iw F l'c/4d/lf s4leJ ✓''Sr. Print name and title Print name and title (If the Prime Contractor is a corporation two signatures of corporate officers are required.) lo1Q }�i2►�0.r�ctr�c-.��v`�1e 5'o,/ ctt b,ec�L, (A. 9'21Z1 Business address JJ N/q Place of residence Subscribed and sworn to before me this q4-1day of may Notary Public in and for the County of kij3 State of 1 t7 j O (NOTE: AFFIDAVIT MUS E ATTACHED TO BIDDER'S PROPOSAL) 1-8 , 2014 KRISTIE BRYSON Commission # 1953065 Notary Public - California Los Angeles County My Comm. Ex $ 0fj 21, 201 KIMBALL TOWER BOILER REPLACEMENT PROJECT BIDDER'S PROPOSAL (continued) CIP No. 13-05 CONTRACTOR'S REFERENCE LIST Attach to this bid a list of five (5) projects in the past ten (10) years on which the bidder and his subcontractor(s) have successfully constructed and completed projects with the same type (elements), size and complexity of work. The City Engineer will make the final determination of whether the projects listed here are of the same type, size and complexity as this project. Failure of bidder to supply sufficient documentation of similar electric, telephone, cable and sanitary sewer underground facilities experience shall be considered grounds for a non -responsive bid and, at the City's discretion, said bid will be disqualified. Project Name: Vr✓ i°� I Z f,/ - L g um) Contract Price: 1 OO, 13 C+ b Date of Completion: r Name, Address, and Telephone Number of Owner's Representative: Tiie' (�v�n co J ,ts ° _c /6 ` ixu,'rv'� LA zcie (q e) zg`!-Oi1_z Project Name: C 5 Ce'vi'fWAL, Pc,i3in�9 Contract Price: Z /'LZ/i3 Date of Completion: 0 5! /` Name, Address, and Telephone Number of Owner's Representative: /-LUOI ry Pt-AA)r Sc'QVju tc1 2(7 %i ,vti,4i ,v �f 9A,u (,),e✓ .- , (A S-- cq 2 - > 713 Project Name: - d1/✓ 4 S %74 Ck G"�r Contract Price: I s> } y 7 Date of Completion: Name, Address, and Telephone Number of Owner's Representative: � Z J,nf i> 5 i C-6.'c' S �L/ tee L, Cr+ uz�/� `Nq-z 4-CiI 11//s/ij 1-9 KIMBALL TOWER BOILER REPLACEMENT PROJECT BIDDER'S PROPOSAL (continued) CIP No. 13-05 Project Name: Contract Price: kewc_ft51C e bit,Z Date of Completion: S:a Name, Address, and Telephone Number of Owner's Representative: L6 PteOP (1 h NAG-r:01EJ, Li73c) 4Joc041At, 414 c j i. C/ 4I'-/ z 7q3 - ?Oe'/ Project Name: ViC l?- CC - Contract Price: ."E' 3./ Litt., 0 Z> Date of Completion: PO' '/Z Name, Address, and Telephone Number of Owner's Representative: 6 oid oD„176-1) coa re_Ac 'A1,7 Ni°41 LI'i4-//- (Attach additional pages as necessary) 1-10 % , 2014. KIMBALL TOWER BOILER REPLACEMENT PROJECT BIDDER'S PROPOSAL (continued) CIP No. 13-05 DESIGNATION OF SUBCONTRACTORS In compliance with the provisions of the Subletting and Subcontracting Fair Practices Act (Section 4100 et sec of the Government Code of the State of California) the undersigned Bidder has set forth below the full name and the 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 Prime Contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications to which the attached bid is responsive, and the portion of the work which will be done by each Subcontractor for each subcontract in excess of one- half of one percent of the Prime Contractor's total bid. The Bidder understands that if he fails to specify a subcontractor for any portion of the work to be performed under the contract in excess of one-half of one percent of his bid, he shall be deemed to have agreed to perform such portion of the work with contractor's own forces. Substitution shall not be allowed, except in cases of public emergency or necessity, and then only after a finding, reduced to writing as a public record of the City, setting forth the facts constituting the emergency or necessity. If no subcontractors are to be employed on the project, enter the word "NONE". Item # Subcontractor Description of Work Amount of Subcontract P €. E 1 Itc.-4-ic, EI¢c-1-rv15-1-411echo 1$0.00 Z S.,K6e1-1 Con.-t-:b Co* rbls hov‘ oco,00 Earp'esr "ins,.,kho✓► C 0144-rac�ivt, nSv Ict�tOv‘ I n b#41�c. o►� � 3`���C�Cti Use an additional sheet and attach if necessary. Number of sheets attached for listed subcontractors 0 Percentage (%) of total contract amount that is subcontracted (Do not include specialty items in the calculation.) Signed this2 ( day of Signature of Pri ontractor Date Print name and title Print name and title (If the Prime Contractor is a corporation, two signatures of corporate officers are required.) KIMBALL TOWER BOILER REPLACEMENT PROJECT BIDDER'S PROPOSAL (continued) CIP No. 13-05 CONTRACTOR'S CERTIFICATE OF WORKER'S COMPENSATION INSURANCE Section 3700 of the Labor Code provides in part as follows: "Every employer except the state shall secure the payment of compensation in one or more of the following ways: (a) By being insured against liability to pay compensation to one or more insurers duly authorized to write compensation insurance in this state. (b) By securing from the Director of Industrial Relations a certificate of consent to self -insure, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self -insure and to pay any compensation that may become due to his employees. I am aware of the provisions of Section 3700 of the Labor Code, which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. I further certify that if I should contract or subcontract with any person, including firm or company, to do all or any part of the work for which this proposal covers, I shall assure compliance by that contractor or subcontractor with the provisions of Section 3700 of the Labor Code. A (CC ee ,,rue646 75114,5 (Legal Name of Bidder) Title: SE`u')Le SrkLE'7 �,;.r�v�r`•L (In accordance with Article 5, commencing at Section 1860, Chapter 1, Part 7, Division 2, of the Labor Code, the above certificate must be signed and filed with the awarding body prior to performing any work under this contract.) 1-12 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 ACCO ENGINEERED SYSTEMS Kimball Tower Boiler Replacement Spec. No. 13-05 Judy Hernandez (Engineering) Forwarded Copy of Agreement to ACCO Engineered Systems