Loading...
HomeMy WebLinkAbout2015 CON MJC Construction - 2101 Hoover Ave DemolitionOWNER - CONTRACTOR AGREEMENT 2101 HOOVER AVENUE DEMOLITION EMERGENCY CONTRACT 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 MJC Construction, Inc. ("Contractor"), 3015 Silvia Street, Bonita, CA 91902 on the 23rd day of February , 2015, 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", "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 "A", 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 2101 HOOVER AVENUE DEMOLITION Emergency Contract 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 2101 HOOVER AVENUE DEMOLITION Emergency Contract 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 2-3 2101 HOOVER AVENUE DEMOLITION Emergency Contract falsity of the information. In the event the Owner seeks to recover penalties pursuant to the Fake 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: (Initi (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. ayor, City of National Cit Attest: A Cit Clerk, City of Na tonal City Contractor: MJC CONSTRUCTION, INC. (Owner/Officer'signature) 50,5A1iN,t1/4 lMENE2 preStderit Print name and titl (Sec q(�d o{f sigjiatuye ifa/corporation) / —FRms.i Sc o J _ Print name and title QTl5( SI vn GE\Lc-1— Contractor's City Business License No. '75' UZ6 State Contractor's License No. and Class 3015 5� �,1 vc,S�- Business street add ess rfai Cc�, ci 1'162 City, State and Zip Code 33 -o-1 33 U 2 Federal Tax ID no. (Notary acknowledgement of execution by all PRINCIPALS OF CONTRACTOR must be attached.) 2-4 vt pee St cte-i,t, 2101 HOOVER AVENUE DEMOLITION Emergency Contract EXHIBIT A CONTRACT DOCUMENTS Owner/Contractor Agreement Exhibit "B", Scope and Fee 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 2101 HOOVER AVENUE DEMOLITION Emergency Contract EXHIBIT B Scope & Fee Scope of Work: 1. Provide all insurance and bonding as required in the Contract Documents. 2. Obtain a no cost demolition permit from the Building Department. 3. Provide all certified payroll documents, if any. 4. Remove and dispose of all debris. 5. Dismantle and remove the existing structure from the site. 6. Demolish, remove and dispose of the concrete ADA building access ramp and metal hand railings adjacent to Hoover Avenue. 7. Cut, remove and dispose of any protruding anchor bolts from the foundations. 8. Cap or plug any holes or utilities to match the finished foundation surface. 9. Provide temporary, perimeter, security fencing on the property line during demolition. 10. Leave the site in a clean condition. Fee: Item #1 — Insurance & Bonding $3,000.00 Item #2 — 10 Permit/Demolition $10,000.00 Total Price $13,000.00 2-6 2101 HOOVER AVENUE DEMOLITION Emergency Contract CORPORATE CERTIFICATE I, U,S/k4Vi-/A ,.7({vE NEZ certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that 5USIsmU-A 3 (t-cEiNiCz-- , who signed said contract on behalf of the Contractor, was then BPS 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 2101 HOOVER AVENUE DEMOLITION Emergency Contract CERTIFICATE REGARDING CONTRACTOR'S LICENSE 1. Contractor is required to possess one of the following State Contractor's License: State of California Class "A" Contractor's License 2. Contractor declares, under penalty of perjury, that he possesses the required Contractor's license(s) which: a. Bears the license number(s): -] 5 1 Z b. Expires on: q7ni5 Signature b#fifime Contractor Date Signature of Prime Contractor Date Print name and title 2-8 Print name and title CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT i� � .. .. s� ..� .t,g t,..¢,�5��.C�.;.a4 v.��sac.'✓�'✓•as� .•,-at�s� .„...tv�7, CND % g LI:t,,, ,..5 ...). Al �. . h: 1 pt ;i Ji f�L �r Coa�usion • 18i619b jeq cj Came Jan 9.2016 " r' s ,� At / a3 i i h� �� >> :,ss 1Ii jJ 1hCI f 7� Ay A a?CI"N hia ii C ) N a ?� 4 A State of California ss. County of J.AN a'c ei L On 01 7/o O /6.). before me, )629-eVe."4-/ 61A7c L. Date Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared A9-i✓n/A tJ1.41F77 CZ Name(s) of Signer(s) OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document L Title or Type of Document: eciAl iie ei),V7'�.Re?Z A , -, '?-/t!� Document Date: Number of Pages: Signer(s) Other Than Named Above: %,1< Capacity(ies) Claimed by Signer Signer's Name: SNNi9 /i22 - Z E Individual "X Corporate Officer — Title(s): l P�s�.C�6�✓;�� ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: C8personally known to me .proved to me on the basis of satisfactory evidence to be the person* whose name>) is/am subscribed to the within instrument and acknowledged to me that tae/she/they executed the same in }yg/her/tbefir authorized capacity(ieg), and that by Jafs/her/th lr signature() on the instrument the personks), or the entity upon behalf of which the person(s)' acted, executed the instrument. WITNES y hand a . official.eal. ure • tter7PUbtlb- Signer Is Representing: 722 t1 ( JCT/�AV RIGHT THUMBPRINT OF SIGNER Top of thumb here ® 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 3f.,104144S1 8C,121061 Ittkisaimme:) )00,441 pe. v;nt 411,0C %.P 2101 HOOVER AVENUE DEMOLITION Emergency Contract PERFORMANCE BOND Re -issued in One (1) Original Bond No.: CDGP102025 Premium: $390.00 WHEREAS, the City Council of the City of National City, by Resolution No. , passed the day of , 2015 has awarded to Jimenez, Inc. dba MJC Construction , hereinafter designated as the "Principal", the 2101 HOOVER AVENUE DEMOLITION, EMERGENCY CONTRACT. WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract. **20335 Ventura Blvd., Ste. 426, Woodland Hills, CA 91364 NOW, THEREFORE, we, the Principal and State National Insurance Company, Inc. administered by: Contractor Managing General Insurance Agency, Inc.** as surety, are held and firmly bound unto the City Council of the City of National City, hereinafter called the "Council", in the penal sum of Thirteen thousand and no/100ths dollars ($ 13,000.00 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 2101 HOOVER AVENUE DEMOLITION Emergency Contract 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 13th day of February 2015 State National Insurance Company, Inc. administered by: Contractor Managing General Insurance Agency, Inc. (SEAL) (SEAL) (SEAL) Stephanie ope Shear/Attorney-In-Fact Surety Jimenez Inc. dba MJC Construction Principal (SEAL) (SEAL) (SEAL) 2-10 2101 HOOVER AVENUE DEMOLITION Emergency Contract PERFORMANCE BOND ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY 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 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: ***SEE ATTACHED ACKNOWLEDGEMENT *** Name (Type or Print): Notary Public in and for said County and State My Commission expires: 2-11 Bond No.: CDGP102025 Premium:$390.00 Taxes & Fees: N/A State National Insurance Company, Inc. Administered by: CONTRACTOR MANAGING GENERAL INSURANCE AGENCY, INC. POWER OF ATTORNEY KNOW BY ALL THESE PRESENTS That STATE NATIONAL INSURANCE COMPANY, INC. a corporation organized and existing under the laws of the State of Texas, having its principal office in Bedford, Texas does hereby constitute and appoint Stephanie Hope Shear its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, the following bond described as: 2101 Hoover Avenue Demolition for: Three Million and 00/100 Dollars ($3,000,000) and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise. The execution of such instrument(s) in pursuance of these present, shall be as binding upon STATE NATIONAL INSURANCE COMPANY, 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 office. RESOLVED 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 writings 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 COMPANY, INC. Terry L. Ledbetter, President Trace Ledbetter, Secretary STATE OF TEXAS County of Tarrant On this24th day of March, 2014 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly sworn, said that each of the herein described and authorized officer of STATE NATIONAL INSURANCE COMPANY, INC.; that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of said Company. IN WITNESS WHEREOF, I have hereunto set my hand at Bedford, Texas the day and year above written. Mindy Davis Notary Pubac, State of Texas cam,. Exp. 04-21-15 [Notary Stamp] Signature of Notary I, Trace Ledbetter, Secretary of STATE NATIONAL INSURANCE COMPANY, INC., do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by STATE NATIONAL INSURANCE COMPANY, 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 13thday offebrUary , 2015 • Trace Ledbetter, Secretary CMGIA-SNIC-SUR-014-03/14 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 n. :,s:ltilxt: rcx,z2c,c,--,c`l',i-xx, T docK‘: -,kt:<!-et<u A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of LOS ANGELES FEB 1)1015 0 Date personally appeared ) before me, JAN MICHELLE RIVERA, NOTARY PUBLIC Here Insert Name and Title of the 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 name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. JAN MICHELLE RIVERA Commission # 1939902 Notary Public • California z Los Angeles County D My Comm. Expires Jul 3, 2015 j Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and corre WITNESS my and a 'd official seal. Signature ture of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Capacity(ies) Claimed by Signer(s) Signer's Name: Corporate Officer — Title(s): L Partner — Limited 1 General L Individual Attorney in Fact E Trustee Guardian or Conservator Other: Signer Is Representing: Named Above: Signer's Name: ``l Corporate Officer — Title(s): L Partner — L_i Limited III General Ci Individual L Attorney in Fact ❑ Trustee L Guardian or Conservator ❑ Other: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 2101 HOOVER AVENUE DEMOLITION Emergency Contract PAYMENT BOND Re -issued in One (1) Original Bond No.: CDGP102025 Premium: Included in Performance Bond WHEREAS, the City Council of the City of National City, by Resolution No. , passed the day of , 2015 has awarded Jimenez Inc. dba MJC Construction , hereinafter designated as the "Principal", the 2101 HOOVER AVENUE DEMOLITION, EMERGENCY CONTRACT 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; State National Insurance Company, Inc. administered by: NOW, THEREFORE, we, the Principal and Contractor Managing General Insurance Agency, Inc. ** 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 Thirteen thousand and no/100ths dollars ($13,000.00) 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. **20335 Ventura Blvd. Ste. 426, Woodland Hills, CA 91364 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 2101 HOOVER AVENUE DEMOLITION Emergency Contract 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 13th day of February 2015 State National insurance Company, Inc. administered by: Contractor Managing General Insurance Agency, Inc. (SEAL) (SEAL) (SEAL) Stephanie/I•io Shear/Attorney -In-Fact Surety Jimenez Inc. dba MJC Construction Principal (SEAL) (SEAL) (SEAL) 2101 HOOVER AVENUE DEMOLITION Emergency Contract ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY 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 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: ***SEE ATTACHED ACKNOWLEDGEMENT*** Name (Type or Print): (Notary Public in and for said County and State) My Commission expires: 2-14 Bond No.: CDGP102025 Premium:$390.00 Taxes & Fees: N/A State National Insurance Company, Inc. Administered by: CONTRACTOR MANAGING GENERAL INSURANCE AGENCY, INC. POWER OF ATTORNEY KNOW BY ALL THESE PRESENTS That STATE NATIONAL INSURANCE COMPANY, INC. a corporation organized and existing under the laws of the State of Texas, having its principal office in Bedford, Texas does hereby constitute and appoint Stephanie Hope Shear its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, the following bond described as: 2101 Hoover Avenue Demolition for: Three Million and 00/100 Dollars ($3,000,000) and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise. The execution of such instrument(s) in pursuance of these present, shall be as binding upon STATE NATIONAL INSURANCE COMPANY, 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 office. RESOLVED 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 writings 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 COMPANY, INC. Terry L. Ledbetter, President STATE OF TEXAS County of Tarrant Trace Ledbetter, Secretary On this24th day of March, 2014 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly sworn, said that each of the herein described and authorized officer of STATE NATIONAL INSURANCE COMPANY, INC.; that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of said Company. IN WITNESS WHEREOF, I have hereunto set my hand at Bedford, Texas the day and year above written. Mindy Notary Public. State of Texas Comm. Exp. 04-21-15 [Notary Stamp] Signature of Notary I, Trace Ledbetter, Secretary of STATE NATIONAL INSURANCE COMPANY, INC., do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by STATE NATIONAL INSURANCE COMPANY, 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 13thday of February , 2015 Trace Ledbetter, Secretary C M G I A-S N I C- S U R- 014-03/ 14 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 :n s�. �;chs z, t� . ,. ,.- ,,,. Xtircrcrcrcri c�c ecmcrc c cres e�rc c�rsrrr R�rrcc�! s cc sets eS�ci c s A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of LOS ANGELES personally appeared FEB 1`�2015 ) On before me, JAN MICHELLE RIVERA, NOTARY PUBLIC Date Here Insert Name and Title of the 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 name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. JAN MICHELLE RIVERA Commission # 1939902 Notary Public - California Los Angeles County — My Comm. Expires Jul 3, 2015 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNES my h nd and official seal. Signa OPTIONAL Signature of Notary Public Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Capacity(ies) Claimed by Signer(s) Signer's Name: L Corporate Officer — Title(s): L Partner — Limited General i Individual Attorney in Fact E Trustee Guardian or Conservator Other: Signer Is Representing: Than Named Above: Signer's Name: Corporate Officer — Title(s): `L. Partner — u Limited General EJ Individual L_.i Attorney in Fact Trustee Li Guardian or Conservator El Other: Signer Is Representing: 02014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 ACORLf CERTIFICATE OF LIABILITY INSURANCE `--' DATE(MM/DD/YYYY) 02/12/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER OP Insurance Agency, Inc 8100 La Mesa Blvd. #105 La Mesa, CA 91942 License #: OH65134 CONTACT NAME: George Ohnesorgen PHONE FAX (/ No Extl (619)741-0160 (A/C, No): (619)489-3653 IL ADDRESS: george@op-insurance.com INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: AmTrust Int Underwriters Limited INSURED Jimenez Inc DBA MJC Construction 3015 Sylvia St Bonita, CA 91902-2141 INSURERB: California Automobile Ins Co INSURERC: National Union Fire Co. of Pitt. INSURERD: Security National Insurance Company INSURER E: INSURER F : COVERAGES CERTIFICATE NUMBER: 00000067-223609 REVISION NUMBER: 54 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTRINSR TYPE OF INSURANCE ADDL SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY Y PAL1010531 02 08/10/2014 08/10/2015 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) $ 50,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $ 5,000 PERSONAL&ADVINJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE POLICY X LIMIT APPLIES ! & PER: LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ B AUTOMOBILE X X LIABILITY ANY AUTO ALL OWNED X SCHEDULED AUTOS NON -OWNED AUTOS Y BA040000005596 03/29/2014 03/29/2015 (EC)a aBadeDn SINGLE LIMIT $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accdent) $ C x UMBRELLA LIAB EXCESSLIAB X OCCUR CLAIMS -MADE EBU061125200 02/12/2015 08/10/2015 EACH OCCURRENCE $ 2,000,000 AGGREGATE $ 2,000,000 DED RETENTION$ $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y/N Y N / A Y SWC1045463 06/01/2014 06/01/2015 X WCSTA7u- TORY LIMITS ER S- E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000, 000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule If more space Is required) RE: 2101 Hoover Avenue Demolition The City of National City, its elected officials, officers, agents and employees named additional insured per attached endorsement with regards to general liability and commercial auto insurance. Waiver of Subrogation applies to workers compensation. Excess Liability extends to general liability coverage. CERTIFICATE HOLDER CANCELLATION City of National City c/o Risk Manager 1243 National City Boulevard National City, CA 91950 1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ., 1 /(GWO) ACORD 25 (2010/05) 1988-20 CORD ORPORATIO is reserved. The ACORD name and logo are re• a srls pi A O ,.� Printed b ebruary 12, 2015 at 04:05PM Policy #BA040000005596 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. The following is added to the Section II — Liability Coverage, Paragraph A.1. Who Is An Insured Provision: Any person or organization that you are required to include as additional insured on the Coverage Form in a written contract or agreement that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period is an "insured" for Liability Coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. MCA20480711 Policy: PAL1010531 02 COMMERCIAL GENERAL LIABILITY CG 20 33 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section I1 — Who Is An Insured is amended to include as an additional insured any person or or- ganization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an addi- tional insured on your policy. Such person or or- ganization is an additional insured only with re- spect 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. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are com- pleted. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the render- ing of, or the failure to render, any professional architectural, engineering or surveying servic- es, including: a. The preparing, approving, or failing to pre- pare or approve, maps, shop drawings, opi- nions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. 2. "Bodily injury" or "property damage" occurring after: a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than ser- vice, maintenance or repairs) to be per- formed by or on behalf of the additional in- sured(s) at the location of the covered operations has been completed; or b. 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 subcontrac- tor engaged in performing operations for a principal as a part of the same project. CG20330704 © ISO Properties, Inc., 2004 Page 1 of 1 POLICY NUMBER: PAL1010531 02 COMMERCIAL GENERAL LIABILITY CG20370704 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 SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Blanket as required by written contract. Location And Description Of Completed Operations Blanket as required by written contract. 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, Toss or liabil- ity 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 negli- gence or solely the additional insured's responsibility. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property dam- age" caused, in whole or in part, by "your work" at the location designated and described in the sche- dule of this endorsement performed for that addi- tional insured and included in the "products - completed operations hazard". CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 0 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 MJC CONSTRUCTION 2101 Hoover Avenue Demolition Judy Hernandez (Engineering) Forwarded Copy of Agreement to MJC Construction