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HomeMy WebLinkAbout2014 CON Innovative Mechanical Systems - A/C Replacement - SP 14-03OWNER - CONTRACTOR AGREEMENT CIVIC FACILITIES AIR CONDITIONING REPLACEMENT PROJECT, OP No. 14O3 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 Innovative Mechanical Systems, Inc. ("Contractor"), 10815 Wheatlands Avenue, Suite K, Santee, CA 92071 on the 19th day of August, 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 CIVIC FACILITIES AIR CONDITIONING REPLACEMENT PROJECT CIP No. 14-03 5. AUTHORIZED OWNER REPRESENTATIVES an 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" T 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 shah 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 shadl be an independent contractor and shall not be an employee, agent, partner or joint venturer of the owner, CIVIC FACILITIES AIR CONDITIONING REPLACEMENT PROJECT OP No. 14-03 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 professions 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, and licenses, permits, quaflcations or approvals which are egaUy required for Contractor to practice its profession, 1.1. BOLD 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, lasses, 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 aws 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 CIVIC FACILITIES AIR CONDITIONING REPLACEMENT PROJECT OP No. 14-03 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. have read and understood all of the provisions of this Section 15, above: (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: • yor Attest: City cx trof National City ,ContraCtor: Innovative Mechanical Systems, Inc. ~ti (Owner/Officer signature (Second officer signature if a corporation 404%,;'. } " Print name6nd title �__ Contractor's City Business License No. State Contractor's license Na. 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. a CIVIC FACILITIES AIR CONDITIONING REPLACEMENT PROJECT OP No. 14-03 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 Region Supplements (Greenbook) State Standard Specifications State Standard Plans Permits issued by jurisdictional regulatory agencies Electric, has, 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. CIVIC FACILITIES AIR CONDITIONING REPLACEMENT PROJECT CAP No. 14-03 EXHIBIT B CONTRACT PRICE (NOTE - TO BE COMPLETED TO CONFORM WITH BID SCHEDULE ITEMS) • • • • • • • 1 4.� I• Item No. 1 z 3 • Civjc FACIUTES AIR CONDITION,NG REPLACEMENT PROJECT,CJpf.:O. 14.O3 :s- sn Descnptoni Mobilization 7.fn; Replace :Bonding - •,. . 4_ t,9'...p,!..er:'f•4-- tti.t u7G&r •7F:.?:.. .. A 4rPermit Rem No. • F .., .tx tira .'.- ray Lx Pa;.3'K..• ' wu BASE BID - CITY HALL•. Unit LS LS w•'ex27•.raYt''�1�G rca�]�v '51r6P: Z1,bTA _ •• tr NSF' ` .�.yyS 4'.74;; $§'{A;t, 7,?'a•>n::3riiU�Ca`�i6F' Descrip hMobilization fi , yams 2 Replace two (2) . .-� .v. 7.5 tonHVAC • x tom' 7Parn 3Bonding orders ,. • .4 P • 47 5 'Permit fey • • • �•. x .; R0.'4. ac 'WE ;LIZA .c.;R.PL:.E jS LS Ar r Qty. Fptiyw• v .,7 ri. A171: • t 3 1 1 Unit Price $ 2,0OOOo 13,200.00 380O0 $ 5,O2.P00..500.0 City Hall base id Total ,• •0:•, ..7:1711 yIJ 1 kx� :et.✓.. y% Unit Price •: -17 2 000,00 :t-0. -i.d.f.:.i5':."..�4:R'.i!F.C104 24,718.00 Extension uantity x Unit Price) $ 2,000.00 $ 13,200.00 $ 380.;OO 5,000.00 :I x'k r_i c'a•.-'.• •-• .. S 5000O ..g3>•?�'S ��,.clai,.':s':cdm:-�.:�-•,5„a. ..�,�7.•�34� ��ir'AISCSi .,... $ ai,oa000 S EX 'flS Ofl fant x Unit Price) 2,00O0O 24,718,00 65OE00 5 $ 5,000.00 • :.z: *rry $ 500.00 LK Bldg ase Bed Totai _1i.r Total of Base Bid Amounts (Cfty Hall + MLK base Bids) • S 500E00 32,868..00 $ 5:3,948OO • • • • • • • CIVIC FACILITIES AIR CONDITIONING REPLACEMENT PROJECT OP No. 14-03 CORPORATE CERTIFICATE It i\tj p certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that ) A CAA: 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. 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 Sea CIVIC FACILITIES AIR CONDITIONING REPLACEMENT PROJECT CIP No. 14-03 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): rotary Public in and for said County and State) My Commission expires: CIVIC FACILITIES AIR CONDITIONING REPLACEMENT PROJECT OP No. 14-03 PERFORMANCE BOND Bond #: CDGP100980 Executed in. Three 3Originals WHEREAS, the City Council of the City of National City, by ResolLition No. 2014-119, passed the 19th day of August, 2014 has awarded to Innovative IVIechanic:a� � sterns, Inc, hereinafter designated as the PrncipaI", the CIVIC FACILITIES AIR CONDITIONING REPLACEMENT PROJECT, CIP No. ZE4O3, WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful perforrflaflce of said contract. NOWTHEREFORE, we, tote Principal and State National Insurance NOW, Inc. administered by: Contractor Managing General Insurance Agency, Inc. 20335 Ventura Blvd., Suite 426, Woodland Hills, CA 91364 as surety, are held a n d firmly bound unto the City Council of the City of National City, hereinafter called the "Council", in the penal sum of Fifty Three Thousand, Nine Hundred Forty Eight P0Q?JN2LQQ j Iawfu money of the United States, for the payment of which sum well and 4 truly to be made, we find ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. TIE CONDIFION OF THIS OBLIGATION IS SUCH THAT f the above bounden Principal, his/het- or its heirs, executors, administrators, successors or assigns, shall in all ihings stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in thesaid contract any alteration thereof made as therein provide s 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 became null any void; otherwise it shall be and remain in full force and virtue. CIVIC FACILITIES AIR CONDITIONING REPLACEMENT PROJECT CIP No, 74-03 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 Ntiona} 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 instrument1 each of which shall for all purposes be deemed an original thereof, have been duly executed by the Prfticipal and Surety above named, on the 16th 2014. State National Insurance Company, Inc. administered by: Contractor Managing General Insurance Agency, Inc. (SEAL) (SEAL) v(SEAL) Stephanie a.e Shear/Attorney-In-Fact Surety 240 d ay of Se tember ___ ovative Mechanical Systems, Inc. PrIncipal (SEAL) SEAL) CIVIC FACILITIES AR CONDITIONING REPLACEMENT PROJECT OP No. i4O3 *See Attached* PERFORMANCE BOND ATTORNEYNFACTACKNOWLEDGElViENT OF SURETY STATE OF ) COUNTY or - on this any of Public in and for said )ss } 2014, before me, the undersigned, a Notary 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 NOTE The Attorney -in -fact must attach a L Surety must be properly acl<novvledged. Signature; • certified copy of the Power of Attorney3 Name (Type or P r i n t): Notary Public in and for said County and State My Corn mfission expires: E3ond No.: CDGP100980 Premium: Taxes &. Fees: N/A State National Insurance Company, Inc. Administered by: CONTRACTOR MANAGING GENERAL INSURANCE AGENCY, INC. POWER OF ATTORNEY OW BY ALL THESE PRESENTS That STATE NATIONAL INSURANCE COMPANY, INC. a corporation organized and existing under the LIN\s of the State of Texas, having its principal office in Bedford, Texas does hereby constitute and appoint it.s tree and lawful attor e F s -in-fact to execute, seal and deliver for and on its behalf as surety, the following bond described as: Civic Facilities Air Conditioning Replacement Project, , CIP No. 1 - 3 dfiliiMpatigpf for: Three Million and 00/1.00 Dollars S3 000 000 nd undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or mayb . .. �..xpermitted.. �be allowed, �c,c.f�.�rr. or b, law, statute. rule, regulation. contract or otherwise. 'i'1 e execution of such instrument(s) in pursuance of these present, shall he as binding upon STATE NATIONAL INSURANCE O MPANY INC. as fully and amply., to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal offices RP,SOLVFD that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof` authorizing the execution and delivery of any bond* undertaking. contracts of indemnity and other vvritings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, STATE NATIONAL INSURANCE COMPANY, INC. has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 24th day of March, 2014. STATE NATIONAL INSURANCE ANC ONI ANY, INC. Terry? I_ . Ledbetter, President S FATE OF TEXAS Coounty 'Farrant ri Trace Ledbetter, Secretary r this2 th day of Mara. 2014 before me came e the individuals who executed the preceding instrument, to me personally known, fn, and being by me duly sworn, said that each of the herein described and authorized officer of STATE NATIONAL INSURANCE COMPANY. 1 C. that the seal affixed to said instrument is the Corporate Seal of said Company; that the Co .orate Seal and each signature were duly affixed ed by order or the Board 01 Directors or said Company. IN WITNFSS WHEREOF, I have hereunto set my hand at Bedford, Texas the day and year above written. <;< ny D�`is i �� e .. Notary Public, tit x_8.-. Sam of Texas ' V '74 #' to E -23 .15 '. rrt • ' ti3..-4 ' ' '4S,-w'45. i. : .N °in 'tis, %}.• 'v...4, *.,v, ` "44,. -u, §4.- "+.- N-- - • Notary Stamp] Signature of Notary 1. Trace Ledbetter., Secretary of STATE NATIONAL INSURANCE O PANY, INC., do hereby certify that theabove and foregoing is a true and correct copy of a Power of Attorney executed by STATE NATIONAL INSURANCE OMPANY, INC, which is still in full force and effect. IN WITNESS WHEREOF, I have thereunto set my hand and attested the seal of said Company this l6thday of September 20 14 Trace Ledbetter, Secretary CMG1A-SNIC-SUR-014-03/14 CALIFORNIA ALA - PURPOSE ACKNO LEDGE ENT • • State of California County of Las Angeles Q DATE before me, JAN MICHELLE RIVERA PersonaDy appeared a NOTARY PUBLIC NAME, TITLE OF OFFICER STEPHANIE HOPE SHEAR NAME(S) OF SIGNER(S) Who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/are subscnbed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) an 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. SGMAT URE NOTARY 4 z L.os Angdes County f �� xh ter, "�'„Q�' "4.' 5# „+;11ti:, ti.c.T ti. }4c.' yr +i.'k,,7:47A Z•;. ,,, ,¢•� w.;, '�„N `,¢,•y �i u v�' '- � '�} �- ,�x ^`7`a" 'fir_^�'��'��,:,�{'S't,2,���''a,�*��"*�y'_., 2;',,: NOTARY SEAL CIVIC FACILITIES AIR C CAP No. 14O3 NDITIONING REPLACEMENT PROJECT PAYMEN]a 1301 U) Bond #: CDGP100980 Executed in Three (3) Originals WHEREAS, the City Council of the City of National City, by Resolution No. 2024-119, passed the 19th day of August, 2014 has awarded Innovative Mechanical Systems, Inc., hereinafter designated as the "Principal", the CIVIC FACILITIES AIR CONDITIONING REPLACEMENT PROJECT, OP No, 14-03. WHEREAS, said Principat is required by Chapter 5 (commencing at Section 3225) and Chapter 7 (commencing at Section 324.7), Tite 15, Part 4, Division 3 of the California Civil Code to furnish a bond in connection with said contract; State National Insurance Company, Inc. administered by: Contractor Managing NOW, THEREFORE, we, the Principal ancceneral Insurance Agency, Inc 20335 Ventura B]vd., Suite 426, Woodland Hi11s,C11 91364 as surety, are held and firmv found unto the City foundl of the City of National City, hereinafter callcd the "Council", in the penal sum of lafthree Thou_s_and Nine Hundred Forty _Eight_ Dollars No 100 53 948OO)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, jontIy 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, shah fail to. pay any of the persons named in Section 3181 of tie California Civil Cade, or amounts dui 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 Surely 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 attorneys fee, to be fixed by the Cort, This Bo; -Id shall inure to the benefit of any of the persons named in SectIon 31.81 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. CIVIC FAOLITIES AIR co OP No., 1$03 VDITIONING REPLACEMENT PROJECT 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 band, 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 liven, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been liven, 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 safe conditions of recovery shall be that claimant is a person described in Section 3110 or 3U2 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 steal{ for ail purposes be deemed an original thereof, have been duly executed by the Princpal and Surety above named, on the 16th day of September , 201LL. State National Insurance Company, Inc. administered by: Contractor Managing General insurance Agency, Inc. • ��� •�*SYI! Ylii• a'y�1rLs*4h�'�YTI.+LY�*i�Jr�FyYaF��w+T#T'TlRY4i .(7); to h n ficTre Shear/Attorney-.fin--Fact Surety (SEAL) (SEAL) (SEAL) psi` (innovative Mechanical S stems Inc. Principal (SEAL) (SEAL) (SEAL) CIVIC FACIUTIES AIR CONDmO.NING REPLACEMENT PROJECT CIP No. 14O3 See Attached* ATTORNEVIN$ACT ACKNOWLEDGEMENT OF SURETY STATE OF )ss COUNTY OF on this day of Notary Public in and for said County and Stake, personally appeared -- -- known to me to be the person whose name is subscribed to the within instrument as the attorney -in -fact of the 2014, before me, the undersigned, 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 ` NOTE: The Attorneyinfa•ct must attach a I Surety must be properly acknowledged. Signature: Name (Type or Print certified copy of the Power of Attorn ey. (Notary PUbUC in and for said County and State) My Commission expires: Bond No.: CDGP1009$0 Premi M 1,618.00 Taxes & Fees: N/A State National Insurance Company, Inc. Administered by: CONTRACTOR MANAGING GENERAL POWER OF ATTORNEY KNOW BY ALL THESE PRESENTS That STATE NATIONAL COMPANY., INC. a corporationorganized and existing under the laws othe State of Texas, havingits principal office in Bedford,Texas I does hereby constitute and appoint Stephanie Ho Shear _ _ its true and lawful attorney s -in-fact to execute, seal and deliver for and on its behalf as 3 surety, the following bond described a. Civic Facilities Air Conditioning,Replacement project, , CIP No. 1 - 3 for: Three Million and 00/100 Dollars $3 0 and undertaking, contracts of indemnity and otherwritings obligatory in the nature thereof, � � are mayhe • F e-� - ry tl�c�rc,of�� ar �r ����� allowed, �'��.���- ��� permitted by la‘‘,, statute, rule, regulation, contract or otherwise. {f' e execution of suchinstrument(s) ire pursuance o � the se resent, shall be asbindingf�upon STATE NATIONAL INSURANCECOMPANY, �:�. as fully and amply, to all intents and purposes, as r the same had been. duly executedacknowledged g elected at and byits regularly officers ��t the Principal office. frce. RESOLVED E that the signature of any authorized officer and the seal of the Company mayhe affixedfacsr�ile to any Power of Attorney or certification thereof authorizing the execution and deliver of any bond, undertaking, writings .� :• and� �contracts of indemnity andother obligatory in the nature thereof. such signature and seal when so used shall have the same force and effect as h t ouh,nnanallyffi. IN WITNESS IEREOF, STATE NATIONAL INSURANCE COMPANY,INC. has caused this instrument ent to be signed and its corporate seal to be affixed by its authorized officer, this 24th day of March, 2014. STATE OF TEXAS County of rlrr• nt STATE NATIONAL INSURANCE COMPANY, INC. Terry I,# Ledbetter, President Trace Ledbetter, Secretary - this24th day of March, 2014 helbre me came the individuals who executed the preceding instrument, to me personally known, and being ny me duly sworn, said that each of the herein described and authorized officer of STATE NATIONAL INStiRANCF, COMPANY. INC., that the seal 1 affixed to said instrument is the Corporate Seal of; said Company: that the Corporate Seal and each signature Fduly rt F � � at�rre ���ere affixed order of the Board or Directors of said Company. IN WITNESS WI IEI EOF, I have hereunto set my hand at Bedford, ford, Texas the day and year above, written. Min • Texan f _ Epp. l 5 • {Notary Stamp] Signature of Notary ry I. Trace Ledbetter, Secretary of TOTE NATIONAL INSURANCE RANCE ON PAN , INC., do hereby certify that the above and fbr �is a e . orr� true and correct copy of a Power of Attorney executed by STATE NATIONAL, INSURANCE CO PA N Y, INC., fl i t- is still in Fu l l force n effect. IN WITNESS 'FLEE FOF„ I have thereunto set my hand and attested the seal of said Company this 16thday of September ,4040 ;#;#.. Trace Ledbetter, Secretary CMGA-SNIC-SUR-014-03/14 CALIFORNIA ALL - PURPOSE OWLEDGEMENT Sta te of California CountyofLo 0 DATE s Angeles Personally appeared fore me, JAN.1•1:.LLERIVERA NOTARY PUBLIC NAME, TITLE OF OFFICER STEPHANIE HOPE SHEAR NAME(S) OF S1GNER(S) Who proved to me on the basis of satisfac name(s) is/are subscribed to the within rostrum he!she/they executed the same in his/her/their aut his/her/their signature(s) on the instrument the person(s of which the person(s) acted, executed the instrument. tort' evidence to be the person(s) whale ent and acknowedged to me that orized capacity(ies), and that by ), or the entity open behalf I certify under PENALTY OF PERJURY under the laws of the State the foregoing paragraph is true and correct. WITNESS my hand and off!cia 1 seal. SIGNATURE OF NOTARY a b of California that i.-,a� .4 Q y. 1 t yr ' 0.��k x Los Angeles County Comm, Ettires`u 2015 NOTARY SEAL r 4 7. LoPc. er LtABILIT F AN E OP ID: MB DATE fMW DY Y 09/17/14 THIS CERTIMATE ISI.A.JED 14.3 A MATTER_ OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTiFICATE DOES NOT AFFIRMATIVELY OR. NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. TI-BS CER_TIFIC.ATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVEOR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: if the. certffcc-ate an ADDITIONAL INSURED3 the policy(ies) must be endorsed. If SUBROGATION IS WAIVED subject to the terms and conclifThm tt 't - rrequire endorsement. statement on this certificate does not confer rightst the a 1Jy E holder f rrx in ar c } fC`Ci * d L6" G 1t �r+-.� n ft` p.R.oDucER ,3napp&• Associates t. Sevices, .r µ % f138 Caminodel Rio Sci #112 '6an Diego, CA 92108 novative Niieckanical Systems 10815 ,tea s r t. Sif±mteei, 1N:U:D 6 9 -9 8 D3100 6419-9 -3110 i Iikr 4 7' M OtliS ilY�GI �•]A s}. ! _t.J�sL,•} :J�2t. _4-Ii . rule 1..411' Y+u lC:441 i e zs1m.46 COVERAGES CERTIFICATE UMBER J CONTACT NAME: PHONE E-MAIL ADDRESS: PRODUCER CUSTOMER I:INN- ._.. _Ih3SiiRER{SheiFFQRE31NG COVERAGE SURER A: Praetonan_lnsurance Co FAX A/ INSURER B Eagle_ Insurance Co. --- ------- -- INSURER c: Everest Nationalinsurance Co. INSURER ID: National Union Fire ins Co INSURER E .. _.. �..j F r o. _ �. r• .. y .. y ..... .. • NIAIC 10836 19445 REVISION NUMBER: THIS �� HI 'TO CERTIFY ��' .LCIv lNS UF,',ANCLASTED LOW HAVE BEEN ISSUED I THEI`+S ii RED NAMED ABOVE FOR THE POLICY PERIOD 1w` . IC # .NOTWITHSTANDING Q IR ! € , T R CONDITION OF ANY CONTRACT OR ��.R�aIFIC-ATE ��� �S��I.i�:..� �.�° ' MAY -.�` �# � .��. INSURANCE }� TIC'DOCUMENT ���°�--�RESPECT T ���--� ��� � _ A Y F E RT . i, THE INSU C AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO L THE TERMS, _._._ EXCLUSIONS iikND CO`' L, ;TIO, v#. c POLICIES. LIMITS SHOWN MAY t , BEEN REDUCED BY PAID CLAIMS, DL TPFIN rw it Ya�ci:is3�"s. F1J1. ` z�a�gsrx. GENERAL LIABILITY �. ; f 1fAE^ a L E: YJ y R ;1_ IA .,.?T-Y rt L?t,_ � GEM_ AGGREGATE L:N17 ARPLES: F.Fr4 POL ICY -f AWCYczez • . 1 erSEtivmvw [*e* 7gpbrg iElm9V-��rurA..a, ' 7 .r "ccatam,lE.. Pnt2 AUTOMOBILE.LIAF ILIT44r, F° Q L:; 'r N U M PER I.O1OOO2412 F-1 ANY ixtn x H ALL. O'N.PJ.Tj, ED ALITUS �S:. }1Er_)t..iLFD HRED A.LJTOS NOr4J.. r '/ N E D AUTOS UMBRELLA - EXCES5._ 'JAB -'— x 1 Ii CIA t lYTFlri4 1 WORKERS CON1PENSAT ION t J A8g{ eE063176260 AND EMPLOYERS' LI E IL !T `" .ANY PROF ET /PAT NJE / CE-la T1-kif. ~ I 1 OFFiCERNEt..1113EREXCLUDED? Mand .t in NH) If yes-1 e i i b .: under E CPS T FDIC' )PFp A T1n J .; c4' f .h; iaa12a,rsarsr,,ai+a•- exxs,yx } MISSIZMALCMYlkyir. ram:$- - 7D ; iP' I :OPERATION'S,- � M J- `T � { 'VEHICLES (Attach ACORD 101Additional Remarks Schedule if more space is. . C Repacement subject to the {: r� . and conditions � : the Ria[icy. Ci ,y of National City named as iciditiona insured per tie attich.cdendorsement. 10* days notice of oAroceliation in the evcnt of noripaliment of premium/30daysnotice POLICY EFF I P LI Y EXP 04/01114 104/01/16 04109114 i 04109i15 CERTIFICATE HOLDER C1.y of- National Co4y CIS# 4 C•3 243 Natkinal CityBar Neitiona City, CA 9 V.)50 ACORD 25 (2009109) C mY N AT LIMITS EACH OCCURRENCE PREMISES Ta occurrenceL MED EXP (Any one person) PERSONAL & ADV INJURY Y GENERAL AGGREGATE PRODUCTS - COMP/OP AGG s I COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) EACH OCCURRENCE AGGREGATE WC STATU- TORY LIMITS E.L_ EACH ACCIDENT E.L. € ES A E - EA EMPLOYE _L. DISEASE - POLICY LIFT 5,00 1,000300 2,000300 ,# 00 00 31 2,000,00 ,, 00 ,, 00 1,000,00 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE LIC PR 1S ON . 1988-2009 ACORD CORPORATION. Ali rights reserved. The C R name and logo are registered marks C POUCY NUMBER: ht01.0002412 00 00 CA COMMERCIAL GENERAL LIAWLITY CG 20 10 07 04 THFS. EN:DORSE.M.ENT CHANGES THE POLCY PLEASE READ IT CAREFULLY. f, ) I 4 7 , tc Ths. endorsement : °i e nnurance provided under the COMMERC A GE:NE:P.IL. LABLTY COVERAGE PART I.,.._ .....:.mansw.m.abbrw.0.maimftaaRa.r El a nket as ani,3-auirect by mitten contract and effective= t, - dur'n, the� c period as stated on the policy deca;r,iiions1 Name Of Add Adcblional insured Person(s) anization(s): C • SCHEDULE E S, LESSEES Location(s) Of Covered Operations TION Blanket as required by written contract Primary Insurance applies: It is agreed that such insurance as is afforded by this policy for the benefit of the additional insured shown shall be primary insurance, and any other insurance maintained by the additional insured(s) shall be excess and noncontributory as respects any claim, loss or liability allegedly arising out of the operations of the named insured, provided however that this insurance will not apply to any claim loss or liability which is determined to be solely the result of the additional insured's negligence or solely the additional insured's responsibility. Infrrnatn re wire IC complete this Schedule. if not shown above, will P.„ SecliOn .ter Who ts Afl insured iss amended to in dude as an additjorial insured the person(s) or organi- zation(s)shownin the Schedule5 but only with respect to ...biIity for "bodily . y"" � oper ydarnaQeu or + "personal and advertisil injury"caused, in whole In part by: { Your acts ry ' tss . is: o 2 The acts or miss i of e acting on your bcaf 1. in the perforrria ice of your ongoing operations e add I L u 3 insured(s) IOCatIOfl(S) de5qfl2ted aboye. CC 20 1€1 07 04 (Bkt) IAA Wth respect to the insurance afforded to these addi- tional insureds, the following additional exclusions ap- ply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, party or equipment furnished in connection with such work, on the pro ject (other than service, maintenance or repairs) to be performed by or on behalf of the additional in- sured(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 performing operations for a principal as a part of the same pro- ject. © ISO Properties, Inc., 2004 Page 1 of 1 POLICY F:iUMBr 00 fl CA COMMERCIAL GENERAL LIABILITY CG 20 10 10 93 THIS ENDORSEMENT CH•P..NC.ES THE POUCY. PLEASE HERD IT CAREFULLY. 114/ '14 RS This endorsement modifies insurance r d under the following: COMMERC A r GENERAL LiAB I ITY COVERAGE PART Etet1112 of ME r erson or Oriz2ton: SCHEDULE A Teri charge may be associated with this form. iThe ssuance of ths form to a Person or Orqan•zation is subject to c r ap a m',,ciiidelines and approv2i.. S, LESSEES M B) Primary insurance Applies It is agreed that such insurance is as afforded by this pal - icy for the benefit of the additional insured shown shall be primary insurance, and any other insurance main- tained by the additional insured(s) shall be excess and non-contributory, but only as respects any claim, loss or liability arising out of the named insured(s) or its subcon- tractors, and only if such claim, doss or liability is deter- mined to be solely the negligence or responsibility of the named insured. appearsIf no entry . complete this endorsement witI be shown in cablehis endorsement. he Declarations as appli- WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Sched- C but � l� � �I � ff%� habhty^�ry�y��s� ]j1 your7y■}w��.y e+y/+�j■{nsured. l� only i •. S ,t � � t 4,>� arising out f+ ongoing i.R a i operations CG 20 le 93 (Prr;iryP Ic Copyrght, Insurance Services Office, Inc., 1992 Page I of -I POLICY NUMBER: 0002412 00 00 CA T J IPA" D.•• ti• 'Ike 14 COMMERCIAL GENERAL IJABILITY CG 20370704 3EMENT CHANG.ES. THE POUCY. PLEASE REA" IT CAREFULLY. This endorsement od i e insurance t.ce provided uncer: COMMERC COMMERCIAL GENERAL LIABILITY Name Of / f.: Insured Persor(s) (3.r. Orga w-+worm _—__,- ..,_, .ti..!r •-fire r.irho-a�r. v.�.. fir_ am . �.+ +�sr•.r �r.a- u+�w x•�r-�ww tea,[ sawMair�¢4fMwm�¢,dcr��h� Eda.nket as .` f t d ' ti n contract and effective. during the policy pe.ifloci as stated on e poticy d:efFaraiLons � EDULE S, LESSEES OR TE PE '11 T1 Location And Description Of Completed Operations Blanket as required by written contract. Primary Insurance applies: It is agreed that such insurance as is afforded by this policy for the benefit of the additional insured shown shall be primary insurance, end any other insurance maintained by the additional insured(s) shalt be excess end noncontributory as respects any claim, loss or liability allegedly arising out of the operations of the named insured, provided however that this insurance will not apply to and claim loss or liability which is determined to be solely the result of the additional insured's negligence or solely the additional insured's responsibility. This insurance also does not apply to any structure intended to be occupied as a private residence, not including apartments. Information required to complete this. Schedule, if not shown above, will be shown in the Declarations. Secion Who is An insuredis amended to include as a' ddi1ona..' insured person(s) or organization(s) shown in the Schede, bu oonly wi respect o liability forbodiy injury or #proprty damae" caused. in whole or in part. by "your wwork" at the lodesignated and in describedthe schedule of this endorsement per- formed for that adthtional insured and included the "products -completed poera-ins hazardu. CG 20 37 07 04 (Bkt G ISO Properties, Inc., 2004 Page 1 of I -0 OP ID fc. C127 E • r4irrd.PE.MikAStt.:#111* ' -EAU; r.3.t 5;.3 t*•:.1.1.1.. A.:•+27' •13. -.0 ...1.17.11-024...:•ti • -I- t r -11.- •:•--• r a 7-- ( , • - L._ • • • .r { v., IL:" ..P. I; . ; IL; • M1: . ; ?...;'• . .. P.'. } : . 1....• I ! ! 7 . • . : ••• : ...• k • .I. q' . I '. Elk ...'ili 1: ;14,.- .7 '-=3p.',";. ' `15,7Z.4/4.w...17‘e -IIIMEM:15.411"'F-, 1 •.•;t7,fswitt'XIESit .P-111-rarr LA : r.7.-.. D,'!..•-3..t- r Et : I 'Al .4' I i ::: !-•"' . g6..d %.• . j T. ' I .1 . ;1 : : • • • . . 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IA. -• IV .411-St418.1]q.":7 .1411.4 • 1. :• T/111%% IFRm C:d:: .•;(.A .-,• -,,C11)L I POLICY EFF • • - • - - • • . . . . retiqu've'w 3x3..•'Yro.A114:P&Anrie-5 ?, -r.'t.t•-. •r (,) I.,• ;),-(;t..)i.:i.D I Cr: Aad. Arks !•:ictiEldule, j • 4. , • ;:z :• 111A 4 •I I14 1; F;.: arenient subject c,(r4 1.:1-1 Of ArtZ-i City ! f; g V.;t ,F r ,.:Ir.;.,11.i._.14P!i4.i-!rrJer.It, c* day (1 .L, •I I11 ; :414 :i;1r. 47T '1')r7'''..',n1,..!rnI301.1Jav-:sa of i:‘• .. Fi : ._.,4. P% .-;ri f'j ''. IT :(.itiii':iii-:;mmikiiiki4 gili-, -,A.m....Abmini,,...,-.20E,Nelf. ,?.E:'N ikqt.N.':I Fti.1- HVIV•iT ::%.k.3411 r!..tili W.-'t :i:.1--,!Be. !,7Pga-i.:13* ims-MMR..41.&;4•.,,4tWi AF-g-F3.11i;-•.:IveriNgEelsiSt ;;-.1#:rai.:011,i/ f4.4-IiiiiIMIRlis*Wil&WilliN:liii-IiIISMIIIIIIII t . l• -;....! -... 4T' -.W. illitf'e,!..r-7"' . (.*." • 1iek.-4 .• ?n't 'R.T4MsgENO.. nilEtrEF ;.%"± P.IVER ',-7E14 Vt:412W !' ...:•;-'- it•18;1.4..:•6F 42.4rAjgelt,..g.m.:40..mtig nmt•Lioysk.g.:s 4 kivram W414,9tity.I;Aksp-i-KL.F. tpfE,04..!.,i405..,494,HEE,Iwif to the t4) of 1141/rektrZiltilk.•1911.1g14filaal SUR NCE MS policy(ies) must be endorsed. If SUBROGATION IS WA1VED suoject to .?.,nriersernerrt. A statement on this certificate does not confer ripts to the an CONTACT"*"62 NAME. PHONE (AI(, E-MAIL i71DDRESE!:, PRODUCER I m m 4 n caisroivER INSURER(S) AFFORDING COVERAGE : Praetoban insurance Co INSURER A._ INSURER.B G•olden Eagle insurance Co. INSURER C : Everest National Insurance Co. INSURER Di National Union Fire Ins Co_ INSURER E : 4111=VZailksWihuolit.P. EME3MitIELIN inamililmilLmasgelomeolemienrkmpf.ftwmalipp FAX fAIC REVISION NUMBER: .*E2113.513k1 -1\i‘i HATE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THS A.F.HDR:!.DED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, Fr AVE BEEN REDUCED BY PAID CLAIMS 0410 1114 04101/14 04/18/14 W0103131M023031LACIECLing 04109114 POLICY EXP 04101/15 04/01116 04101/15 04/09115 mmo..51.41911=280111zons• more space is required) 7 Oil, 2 g ; 1 4- •'' 7'i,,• :, • .!..1 4.0 T-2 rte." • : •61. !( Wry. Ji ) .. • • . F ."•111: •=1IV'15.1.r5M. ..... 3'.7,21101-NEterc.ifErM-k. P If'. • h 115.1 fg. ; •g•-• = • 1. '1'112 Pit'14/•••Vik .g•--35; A i24lir+krti: Tg4A13'.1-rtAtit4INtrrsgEiMit7.4,1,.'; 5.14AlkWISHOWS '344/ i-X-14k3 CANCELLATION , EACH ACCIDENT EACH OCCURRENCE rrATIA-n T.TENTTD PR.EMISES (Ea occurrenceL MED EXP (Any one person PERSONAL & ADV INJURY GENERAL AGGREGATE LIMITS PRODUCTS - COMP/OP AGG OMPII\JED SINGLE LIMIT (Ea Occident) BODILY INJURY (Per- person) 1 BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) 175111LWAILDK7ffi 3 000 ?DO 1 0 0 ) 0 0 5100 15000500 23000500 25000,00 'a&r.kt1W12111636.70 200000 EACH OCCURRENCE AGGREGATE I 'L.) 250000 WC SIAM- OTH TORY LIMITS IFR EL. DISEASE -EA EMPLOYEE .$ EL. DISEASE - POLICY LIMIT -0-- rm•.• SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXRRATION DATE THEREOF NOTICE WILL BE DE'JVERED iN ACCORDANCE WITH THE POLICY PROVISONS. AUTHORIZED REPRESENTATIVE ktIlltigAiNeseiger! 1988-2009 ACORD CORPORATION. Ail rights reserved. iolo are registered marks of ACORD Lc, *vy, 4 ;.• 14••!.• l• 14, , A- • u e. • 1.• ".•-• • ' , ••• •••••••••-7 ••• •••••• , . 1 .....-,:l 1..t Ic,.-., IN fj :•.111 I" & tit c.-1 qc.. „...- I, ?.• lit 1 !i.,t; • 1 .i. 1. t v. :..!. IL: . I., f 4E g. 0. .4 • 1." ••••••• • : :c „ 4-1 'it.. • 'WY ,.-, • .,P9•01716:4,7•7 c ja • ,e• E. P"LOt' • c:•,1 1 - Jr. " .j 1. • r ; ; r L t. !.. * . :,. ;: •I} .. .,.. 1;:.• .; : .. C......4 1;. - t ; . - L E ••••. -.7 r."• i ;i'7" -•• 1.2t, ••••• r ..7co •••Il $ .A ilk . • L4 • 5.1114.3.%10, / 3 r .7 -‘..) f' .1 • g • (.•; r • a• ri+1•21 14k.1 11 •. f.00 f 1.1 T ;7 . . POL 4.5Py.4 • g-4 14•115:21! COMMERCIAL GENERAL LABILITY CG 20 11 07 04 PLEASE READ IT CAREFULLY, OW E-S, LESSEES PERSON OR ORGANIZ Ti N \ d ti e•ra ; k.. PAR 4i.LZ 0"* HEDuLE " • • 7E, • Pe,' • •A% .• ' r r • 74, I ' 2 " • ••i• • !: • • k •••'.14 • - ) L .•' Ll• }71 ; • . 1 • A% r • .• .L.1 • • • !••'.'", • • ! i 'L. • . . 5 t..•? 2.3 • re • • • 4 .1 el • : •• 1112 r:1 r.::)rtg , A ric4 al,' CI, .,t• , k.4 15...0k:.. 140' 14l Vo 10 ;1 1144' .:06 • "'•-, .1100 '-‘r..r•-~ 4,4..E 7 rn . 0 - -4; V.; sai. 1 Sr. Er' • l' • .T •••A !1 r111 E(i •t N. • - • , -1( 14. . , ri T I ' P • •• •E 5 ' e r F:01 t • ri ,•41- "$•_•. n • • 1:•• $. • k•.• 004 1r' •MM ‘..47•774.447maa.a.p Location(s) Of Covered Operations *W.", AP:Mr...le •.-.ffir Blanket as required by written contract. Primary Insurance applies: it is agreed that such insurance as is afforded by this policy for the benefit of the additional insured shown shall be primary insurance and any other insurance maintained by the additional insured(s) shall be excess and noncontributory as respects any claim, loss or iabiiity allegedly arising out of the operations of the named insured, provided however that this insurance will not apply to any claim loss or liability which :Js determined to be solely the result of the additional insured's negJigence or solely the additional insured's responsibility. ftemle,41.1.44.5150gilisiedmcp.gmaymemd..get....,•... slown above, will be shown in the Declarations. o: in B. With respect to the insurance afforded to these addi tional insureds7 the following additional exclusions ap ply: This insurance does not apply to "bodily flju:12:1 or "property damage" occurring after: 1. Ail work, including materials, parts or equipment furnished in connection with such work, on the pro- ject (other than service, maintenance or repairs) to be performed by or on behalf of the additional in- sured(s) at the location of the covered op--Tations has been completed; or 2 That portion of your work" out of which tie injury or damage arises has been put to ins intencied use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same pro- ject. ertes Inc 2004 Page 1 of 1 f 5. T.'11. •Emi tc.; t'1 i 1 •E ,.) r E :-.N;,.• ..-.-)co 4.. i,,i '„# -:,'?7 - , C \ ik,..c,--L.•,, 11 !.. r, • xf 1:77,11. r ;" • g t; : • 5 '‘'"•,;" V91.. ; ; • 1 .r,"1 ••• 5-- • ;%. ;•• 93 :4,4 1 z.br ; •r liFrt • : 4. q ; • • • • - • I -; -11„ T . • . ,,$(1 4.0 itt-n OC rfFP•r 1- i5 TIE poucy. PLEASE K V44: S lq ;k • #:4FA ;3110 Fergetill COMMERCIAL. GENERAL LIABILITY CG 20 10 10 93 OW ER,S, LE IRL (FO M B) • t•-• p.'" 4 -1 ;•1 Cr!. k, • 4.!' 4 / • - , 1). ••• Fit!' 1,7T S:,?.N.'e:15';.• AA , r L4Nedi• I .6* it, [i : LJ d "V .• • .q • • • • • :t_ . . k •• - C 1). 4" . • q.„.• • -; t • • -•• : 0; • ; •!N .•-• 2: 11...) II.t:••• ••• T 14.• • . it- • rf 94 115. 4 L.: ! . • J g g 3 g SCHEDULE Form. Primary Insurance Applies • IS SEE it is agreed that such insurance is as afforded by this poi - icy for the benefit of the additional insured shown shall be primary insurance, and any other insurance man tained by the additional insured(s) shaH be excess arid non-contributory, but only as respects any claim/ loss or liability arising out of the named insured(s) or its subcon tractors1 and only if such claim/ loss or liability is doter- mined to be solely the negligence or responsibility of the named insured • IT., " 1 Ar- =, • c • f• EJ r4 rti 1,4 U mpJete this endorsement will be shown in the Dec t I C r 9•1. •'' P ' • fE 47 . ; r: " : t, 11=‘;,•,;.,rn;;Fr...“.•, MaNCOAP AW,NMER.I.M.M.Y4411 arations as appli- t(.17! iAt e a S an insured the person or organization shown in the Sched- ar:1:qg out vur ongoing operations performed for that insured. ervices Office Inc 1992 Page 1 of e#, $Jn� k . aI ¢'I i 'rr • T. , �; $:r�r�: by M ' " - •fi1-c4 r r ' ' h• '-� IiY. 7f , r ,•,•t if•--• ` j. .. "Y it — `- F rr .• rL '7 9. .e% i Ark • L. ., • Z. r" P 3 o- c. ... L if :, ' f • P •4- 4 �• ► .:1" iw, .Kr,�f3 • • • {.. -, • 0 0 . �� CA : .' lio“ Tt'i A t.a [.�. i j ••• • .r• • a�3 .=, _.; .,� ..,....ER , t.. +0. PI- ..,_,_..,._-.. ..• ..h�.,. 744-21 COMMERCIAL GENERAL LIABILITY CG20370704 E POUCY. PLEASE READ IT CAREFULLY. OW ERS, LESSEES COM P .7. r.wietn n g .y ?r- , •• .. 5HEDULE cry r h. tt ;. gtu, if Cy a._ •t•- ,,s • a. -. .•,.tixN• a ro` a. ,, +.va .-. N ...t•r:.••-„v k .4+1•I' Mal +c x y'.•-�a�o-w'++w/w .xv ,wr. aerr _• r i f rasarv.. t. I .1 r•••; r • • • V1: • 9. t r I ip ETED l....pERATIONS Location And Description Of Completed Operations ,mr_......rem,.,1,- Blanket as required by written contract. Primaryinsurance applies: It is agreed i.:h1it such insurance as is afforded by this policy for the benefit of the ainsured shown shall be primaiy insuralce, and any other insurance maintained by the acidt1on l insured(s) shall be excess and noncontributory respects any daim, Ions or liability allegedly a the operations of the named insured, provided however. that this hisurance will not apply to any claim loss or !ibiIty which is determined to bbe solely of th e additional insureds negrigence or solely the ackfit insured's responsibility. This insurance also doi:s not apply to any structure intended to be occupied as a i prrvate residence, not inchidnq apartments_ ..r, . wrcw�.. s - wn above, will be shown ir the Declarations. C e .f 1 1 f:!; t. a • sr rp r . • endo rs e r i t F 1 .,,.. .' • •-•"' th, F rt..it Lietk1/4411.) 1111UR 4 2'i.j04 i P4"11.1A'I 1 RESOLUTION NO. 2014 — 119 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO INNOVATIVE MECHANICAL SYSTEMS, INC., IN THE NOT TO EXCEED AMOUNT OF $53,948.00 FOR THE CIVIC FACILITIES AIR CONDITIONING REPLACEMENT PROJECT, AUTHORIZING A 15% CONTINGENCY IN THE AMOUNT OF $8,092.20 FOR ANY UNFORESEEN CHANGES, AND AUTHORIZING THE MAYOR TO EXECUTE SAID CONTRACT WHEREAS, the Engineering/Public Works Services Department, in open session on June 10, 2014, did publicly open, examine, and declare three (3) sealed bids for the Civic Facilities Air Conditioning Replacement Project (the "Project"); and WHEREAS, Innovative Mechanical Systems, Inc., was the lowest responsive bidder with a proposed bid amount of $53,948.00; and WHEREAS, a 15% contingency amount up to $8,092.20 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 Civic Facilities ,Air Conditioning Replacement Project to the lowest responsive, responsible bidder, to wit: INNOVATIVE MECHANICAL SYSTEMS, INC. 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 $53,948.00 with Innovative Mechanical systems, Inc., for the Civic Facilities Air Conditioning 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 $8,092.20 for unforeseen changes to the Project. PASSED and ADOPTED this 19th day of August, 2014. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk PROVED AS TO FORM: C audia itua Silva City Att Passed and adopted by the Council of the City of National City, California, on August 19, 2014 by the following vote, to -wit: Ayes: Councilmembers Cano, Morrison, Natividad, Rios. Nays: None. Absent: Councilmember Sotelo-Solis. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California ..,,-.0j1 ) / .. ) 2 S 4 i'-'''' lif r` eir ,. �' -0. " FA �F_ ��`'' } CityClerk of the City f.JJ ti l City,California By: - Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2014-119 of the City of National City, California, passed and adopted by the Council of said City on August 19, 2014. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCILAGEND.ASTATE. T MEETING DATE: August 19, 2014 ITEM TITLE: Resolution of the City Council of the City of National City, 1) awarding a contract in the not to exceed amount of $53,948.00 to Innovative Mechanical Systems, Inc. for the Civic Facilities Air Conditioning Replacement Project, Specification No. 14-03; 2) authorizing a 15% contingency in the amount of $8,092.20 for any unforeseen changes; and 3) authorizing the Mayor to execute the contract PREPARED BY: Stephen Manganiello PHONE: 336-4382 EXPL.ANATIOIJ: See attached. SINW RNANCIAL STATEMENT: ACCOUNT NOr. Funds are available in the following accounts: 1 001-409-500-598-1591 (City Hall) $21,080 001-409-500-598-1607 (MLK) $32,868 ENVIRONMENTAL REVE' DEPARTMENT: Engineering APPROVED BYE 1. N/A ORDNANCE: NTRODUCTON; I N% FINAL ADOPTION: I STAFF RECOMMENDATION: Adopt the Resolution. BOARD P COMMISSION RECOMMENDATIQ.ft N/A APPROVED: APPROVEft AGENDAITEMNOE 10 yr dw7;• 1 r Finance /. ,.' '� ': R ik.".�.�k.4.'+. '\� r.'. �C - ..:' 1�' . -'%.'ti ti '• ti\.`•i. , �.. .'-k'.'....... • .. .� �� . _ �. �. v ..� �.� - 1.��. � � }. �.. +'.' �• v. t- �t •.� � 5 k M1 .�..ti . t [s {.{s }`- ..t �;';..,�,. s, .. - k. _ � ..ti'a: � � .. ... .�.. - r .. —. .. .... ,... ... - ., y. . .-.�. .r �..... �. t k a• 4 . ��. Y.� .i. ,. '4. s- .. ,.5-..i.:'.. �_ - .•S•=.. .} �.. �.s t-. is 4+n.r. "�. -,+'. �•k •.7.�tt�.. ... .•.*..--4.:�1.-.��9��..a trs� �.c?o-.,..vi..x ... s.-��.. w�'.; w �'� �,..u-1. . �, � 5. 1TTACHMENTS: 1. Explanation 2. did Opening Summary 3. Low B Id Summar 4. Resolution EXPLANATION The project consists of replacing one air cooled condenser unit at the Civic tenter Building and two, 7.54on rooftop heat pump units with economizers at the Martin Luther King Jr Community Center. in May 2014, the bid solicitation was advertised in local newspapers and posted on the City's websi4a. On June 10, 2014, three sealed bids were rscsived by the deadline, opened and pubIca1Iy disclosed. Innovative Mechanical Systems, Inc, was the apparent low bidder with a total bid amount of $53948OO. Upon review of all documents submitted and referenec checks, Innovative Mechanical Systems' bid is responsive, and they are the lowest responsible bidder quIrfied to perform the work as described in the project specifications. Attached are the bid opening results and a summary of the low bid from Innovative Mechanical Systems. Staff recommends the following: 1) award a contract in the not to exceed amount of $53,948OO to Innovative Mechanical Systems, Inc. for the Civic Facilities Air Conditioning Replacement Project, Specification Na. 14O3; 2) authorize a 15% contingency in the amount of $8,O922O for any unforeseen changes; and 3) authorize the Mayor to execute the contract. bRIPiciRATI5n BID OPENING: SPEeIFICATI(lN NLMBFW 14M3 PROJECT TITLE: CIVIC FACiLITIES AIR CONDITIONINC3 REPLACEMENT PROJECT TIME: 310pM. DATE: ESTIMATE: TUESDAY, JUNE 10, 2014 BASE HAD: $25,000 City Fall and $28,000 Martin Lather King Jr. Community PROJECT ENGINEE NO. BIDI)ER'S NAME (PAGE.) S TEPHEN MANGANII:LLQ INNOVATIVE MECIIAItiTICAL SYSTEMS, INC. 10815 WITEATLANDS AVENUE, SUITE, K SANTEE, CA 92071 SOUTHCOAST HFAT[NIG 2373 LAMIItAI?A DRIVE VISTA, CA 92081 AIF. TEMPERATURE 5PECIALIST, CORP. 26023 JEFFERSON AVENUE, SUITE B MU ETA, CA 92562 ADDENDA (PAGE ) BID TOTAL AMOUNT (PAGE ) S53,948M0 $545875.00 $58,32O8 I CIVIC FACILTIES. AIR CONDITIONING. REPLACEMENT PROJECT, CIP NO. i4O3 Item Noe BASE BID - CITY HALL Description Mobilization Replace air condenser unit Bonding Field orders Permit fees Qtye Rem Unit Price 2,0O0OO S 13,200.00 S 38fLOO 5,000.00 S 500.00 City Hall Base Bid Total BASE BID - MARTIN LUTHER KING JR. BLDG. v.,-7.45, 7:). Description MobHization Replacetwo(2) 7,5 ton HVAC units Bonding Fief orders Permit fees unit ..xn:L5� :. ;rim:; a:Qtr ;,, e'F.�=� ;_:v.7%4- • Qty. 5 S S 2OOO.0O 24,718.00 650.00 soo�. 0 500.00 PALK Bldg BaseBidTotai Tota of Base Bid Arnounts (City Hall + MLK easy Bids) Extension (Quantity x Unit Price) 2,0O000 S 13,200.00 380.00 5,000.00 S 500.00 �ijO8OOO $tiwi t'hrL ":: 2^�YeL'a.a.'k1 Extension (Quantity x Unit Price) S 24718.00 rc. S 500.00 $ 3�,86&OO $ 53,948.00 RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO INNOVATIVE MECHANICAL SYSTEMS, INC., IN THE NOT TO EXCEED AMOUNT OF $53,948.00 FOR THE CIVIC FACILITIES AIR CONDITIONING REPLACEMENT PROJECT, AUTHORIZING A 15% CONTINGENCY IN THE AMOUNT OF $8,092.20 FOR ANY UNFORESEEN CHANGES, AND AUTHORIZING THE MAYOR TO EXECUTE SAID CONTRACT WHEREAS, the Engineering/Public Works Services Department, in open session on June 10, 2014, did publicly open, examine, and declare three (3) sealed bids for the Civic Facilities Air Conditioning Replacement Project (the "Project"); and WHEREAS, Innovative Mechanical Systems, Inc., was the lowest responsive bidder with a proposed bid amount of $53,948.00; and WHEREAS, a 15% contingency amount up to $8,09220 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 Civic Facilities Air Conditioning Replacement Project to the lowest responsive, responsible bidder, to wit: INNOVATIVE MECHANICAL SYSTEMS, INC. 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 $53,948.00 with Innovative Mechanical Systems, Inc., for the Civic Facilities Air Conditioning 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 $8,092.20 for unforeseen changes to the Project. PASSED and ADOPTED this 19th day of August, 2014. Ron Morrison, Mayor ATTEST: Michae R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Passed and adopted by the Council of the City of National City, California, on August 19, 2014 by the following vote, to -wit: Ayes: Councilmembers Cano, Morrison, Natividad, Rios. Nays: None. Absent: Councilmember Sotelo-Solis. 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 I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2014-119 of the City of National City, California, passed and adopted by the Council of said City on August 19, 2014. By: City Cletk of the City of N0tional City, California Deputy CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950 619-33S4228 phone / 619336-4229 fax Michael R. DaHa, CMC - City Clerk INNOVATIVE MECHANICAL SYSTEMS Civic Facilities A/C Replacement Project Judy Hernandez (Engineering) Forwarded Copy of Contract to innovative Mechanical Systems