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HomeMy WebLinkAbout2017 CON Commercial and Industrial Roofing - Roof Replacement Arts Building Project CIP No. 16-12OWNER - CONTRACTOR AGREEMENT ARTS BUILDING ROOF REPLACEMENT, CIP NO. 16-12 This Owner -Contractor Agreement ("Agreement") is made by and between the City of National City, 1243 National City Boulevard, National City, California 91950-4397 and Commercial and Industrial Roofing Co., Inc., 9239 Olive Drive, Spring Valley, CA 91977 on the 215t day of March, 2017, 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. 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. 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. 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. 12. COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall for all purposes be deemed to be an original. 13. 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 Claims Act, it is entitled to recover its litigation costs, including attorneys' fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. I have read and understood all of the provisions of this Section 15, above: (Initial) .O;) (Initial) 14. 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: Leslie Deese, City Manager City of National City Attest: trA Michael R. Dalla, Ci Clerk City of National City Cont tor: Co erc al . d Industrial Roofing (Owner/Officer signature) (Print nam'e and title) v (Second officer si ature if a cor.oration) Lit-IDs M Zwfl5 / \. P. ,5 e1-k-- n i (Print na and title) 01 1 Contractor's City Business License No. 542,na4 c-361 State Contractor's License No. and Class 913j owic l vt Business street address 3egvt4 City, State and Zip Code cA. llcjrtlT EXHIBIT A CONTRACT DOCUMENTS Owner/Contractor Agreement Bid Schedule Addenda Plans Special Provisions (Specifications) San Diego County Regional Standard Drawings City of National City Standard Drawings Standard Specifications for Public Works Construction and Regional Supplements (Greenbook) State Standard Specifications State Standard Plans California Building, Mechanical, Plumbing, and Electrical Codes 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. EXHIBIT B CONTRACT PRICE (NOTE - TO BE COMPLETED TO CONFORM WITH BID SCHEDULE ITEMS) Bid Results for Project ARTS Building Roof Replacement (CIP No. 16-12) Commercial & Industrial Roofing Co., Inc. Item No. Description Unit Quantity Unit Price Extension (Quantity x Unit Price) 1 Mobilization LS 1 $5,000.00 $5,000.00 2 Removal of Ex. Roof over entire building LS 1 $18,560.00 $18,560.00 3 Re -roof entire building LS 1 $52,310.00 $52,310.00 4 Plywood sheeting repairs ALLOWANCE 1 $10,000.00 $10,000.00 5 2 x 6 Lumber Repairs ALLOWANCE 1 $6,000.00 $6,000.00 6 Rain Gutter ALLOWANCE 1 $5,500.00 $5,500.00 Subtotal $97,370.00 Additive Bid 7 Raise AC units and rebuild curbs to 6" above roof measured on upper edge EA 3 $5,927.00 $17,781.00 Subtotal $17,781.00 Total $115,151.00 CORPORATE CERTIFICATE 1, LI N D45PrIl MC1221 f7n5 certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that k 11119+1OU. _ , who signed said contract on behalf of the Contractor, was then ZCSI DE1NIT 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: Executed in Triplicate WHEREAS, the City Manager of the City of National City, ori Mari*, 2017, has awarded tocommercialand Industrial Roofing designated as the''Princlpal", the ARTS BUILDING ROOF REPLACEMENT, CIP No. 16-12. WHEREAS, said Principal is rag' 'red under the terms of said, bond for the faithful performance of: said contract Bond No 12137090 Premium $1,382.00 fine 21st d of Chi►., Inc.,. h reinaffter �ntract to fern sha NOW, THEREFORE, we, the Ptrincipa and The Guarantee Company of North Amenca USA aa. y are held and firmly bound ufro the City of National City, ilereinafter called the "City", in thef:penal sum of: One Hundred Fifteen Thousand, Orie Hundred Fifty One Dollars ($115,151.00 ;lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executor; successors, jointly and severally, firmly by these presents. dministrators and THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the ab ve bounden Principal, his/her or its heirs, executors, administrators, successo "r assigns, sha things stand to and abide by, and well and truly keep and perform ' he covenar conditions and agreements in the said contract any alteration thereof made as t provides, on his or their part, to be kept and performed at the Um therein specified, and in all respects according to their true intent In all In and in the amount meaning, a shall indemnify and save harmless the City and its officers, agents, rnployees ar volunteers, as therein stipulated, then this obligation shall become null and void; otherwise It shall be and.remain in full force and virtue. And the said Surety, for value received, hereby stipulates and agrees that 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 change, extension of time, alteration or additions to the terms work or to the SpecificationS. in the event stilt Is brought upon this bond by the City and judg suretY shall paya[I;costs Incurred:by the Clty In such suit, including fee to be fixed by the Court. notice of any such he contractor to the mt is rewer. d, the asonab att i mey's IN WITNESS WHEREOF three identical counterparts of this instrument, each of whih shall for all purposes be deemed an original thereof, have been dulif executed by t Principal and Surety above named, on The G tee Company of orth America USA Tara , Attomey-in-Fact AL) (S ,(SEAL) he April , 2017. fing Co., Inc. eAgibi -rutZN04„, Pines Qom" 1 Pt* al i►EAL) EAL) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 San Diego On April 3, 2017 before me, Danyna Estee Alvarado, Notary Public (insert name and title of the officer) personally appeared Tara Bacon 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. 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. Signature (Seal) DANYNA ESTEE ALVARADO Notary Public - California San Diego County Commission # 2183326 h?y Comm. Expires Feb 13, 2021 THE GUARANTEEn" The Guarantee Company of North America USA Southfield, Michigan POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint Kyle King, Dale Harshaw, Tara Bacon, John R. Qualin BB&T Insurance Services of California, inc. its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds 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 presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA 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. The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By -Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31st day of December, 2003. The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority: 1. To appoint Attomey(s)-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and 2. To revoke, at any time, any such Attorney -in -fact and revoke the authority given, except as provided below 3. In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. 4. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner — Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 6th day of December 2011, of which the following is a true excerpt: 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, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 23rd day of February, 2012. THE GUARANTEE COMPANY OF NORTH AMERICA USA STATE OF MICHIGAN Stephen C. Ruschak, Vice President County of Oakland On this 23rd day of February, 2012 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; 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 Cynthia A. Takai Notary Public, State of Michigan County of Oakland My Commission Expires February 27, 2018 Acting in Oakland County Randall Musselman, Secretary IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Company of North America USA offices the day and year above written. a. -ra_.„‘„,:, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attomey executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect. IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 3rd day of April Randall Musselman, Secretary 2017 All Purpose California Acknowledgement 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 San Diego }ss. On April 6, 2017 , before me, DeEtte Key, Notary Public (Date) (Notary) personally appeared Barry Turnour who proved to me on the basis of satisfactory evidence to be the person(s) whose name(es) is/arc subscribed to the within instrument and acknowledged to me that he/shc/thcy executed the same in his/hcr/thcir authorized capacity(ies), and that by his/her/thcir signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PURJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. \W-Ua DeEtte Key, Notary Pub z'' Z DEETTE KEY Notary Public - California z San Diego County v Commission # 2175781 My Comm. Expires Dec 22, 2020 Executed in Triplicate PAYMENT BOND WHEREAS, the City Manager of the City of National City, on the. 2017, has awarded Commercial and Industrial Roofing Co., Inc., as the "Principal", the ;,1 TS BUILDING ROOF, REPLACEMENT, CiP WHEREAS, said Principal is required by Chapter 5 (comet and Chapter 7 (commencing at Section 3247), Title 15, Part 4, Di Civil Code to furnish a bond in connection with said contract; NOW, THEREFORE, we, the Principal and The Guarantee Compan as surety, are held and firmly bound unto the the City of National ty, hereinafter called the "City", in the penal Sum of One Hundred Fifteen Thousand, On Hundred Fifty Ong Dollars ($115,151,900 lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, out heirs, executors dministrators and successors, jointly and severally, firmly by these presents. day of reinafter:' 1642, Bond No. 12137090 Premium: Included i Performance Bond ated gat Section 3225) n 3 of the Cal ,ion* THE CONDITION OF THIS OBLIGATION IS SUCH that if said P subcontractors, heirs, executors, administrators, successors, or a any of the persons, named in Section 3181 of the California Civil under the Unemployment Insurance Code with respect to work any such claimant, or for any amounts required to be deducted, w to the Franchise Tax Board from the wages of employees of the C subcontractors pursuant to Section 18806 of the Revenue and Tax respect to such work and labor the Surety will pay for the same in exceeding the sum hereinafter specified, and also, in case suit is b bond, a reasonable attorney's fee, to be fixed: by the Court. This Bond shall inure to the benefit of any of the persons na of the CalifornialI Code, so as to gives of action to such p in any suit brought upon this bond. if North America USA cipal, his/her or its s, shall fail to pay , or amounts due bor peprmed by held, and paid over actor and his', on Code, with amount not ught uponthis d in Section 3181 na or their a signs • 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 c time for performance, addition, alteration or modification in, to, plans, specifications, or agreement pertaining or relating to any s ge, extension of any contrac erne orworkc of improvement hereinabove described or pertaining or relating to the furnishing of labor, materials, or equipment therefore, not by any change or rnodifica ipn of any terms of payment or extension of the time for any payment pertaining or r lating 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 conditil 's precedent o subsequent in the bond attempting to limit the right of recovery 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 qcover on the bond and that this bond be construed most strongly against the Surety din favor cff a persons for whose benefit Such bond is given, and under no circu nces shall Surety be releaser' from liability to those for whose benefit such bond habeen given, by reason of any breach of contract between the owner of Public Entity and original contractor or on the part of arty obliges named in such bond, but tib sole conditions of recovery shall be that claimant is a person described in Section 31 0 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. 11 . : • . , IN WITNESS WHEREOF three identical counterparts of this instrum shall for all purposes be deemed an original thereof, have been du Principal and Surety above named, on the M day of 20 17 The Gpatantee Company of rth America USA Bacon, Attomey-in-Fact MAO N.\ Surety (SEAL) 1, each of whiph executed by the trial Roofing Co., Inc. litAN04, PIRE5 1 0 EN Pri (SEAL) (SEAL) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 San Diego On April 3, 2017 before me, Danyna Estee Alvarado, Notary Public (insert name and title of the officer) personally appeared Tara Bacon 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. 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. Signatur& �� (Seal) DANYNA ESTEE ALVARADO Notary Public - California San Diego County Commission # 2183326 My Comm. Expires Feb 13, 2021 GUARANTEET" The Guarantee Company of North America USA Southfield, Michigan POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint Kyle King, Dale Harshaw, Tara Bacon, John R. Qualin BB&T Insurance Services of California, Inc. its true and lawful attorneys) -in -fact to execute, seal and deliver for and on its behalf as surety, any and all bonds 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 presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA 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. The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By -Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31st day of December, 2003. The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority: 1. To appoint Attorney(s)-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and 2. To revoke, at any time, any such Attorney -in -fact and revoke the authority given, except as provided below 3. In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. 4. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner — Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. Further, this Power of Attomey is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 6th day of December 2011, of which the following is a true excerpt: 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, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 23rd day of February, 2012. THE GUARANTEE COMPANY OF NORTH AMERICA USA e,,t,C STATE OF MICHIGAN Stephen C. Ruschak, Vice President County of Oakland On this 23rd day of February, 2012 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; 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 Cynthia A. Takai Notary Public, State of Michigan County of Oakland My Commission Expires February 27, 2018 Acting in Oakland County Randall Musselman, Secretary IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Company of North America USA offices the day and year above written. v` 1, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect. IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 3rd day of April Randall Musselman, Secretary 2017 All Purpose California Acknowledgement 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 San Diego }ss. On April 6, 2017 , before me, DeEtte Key, Notary Public (Date) personally appeared (Notary) Barry Turnour who proved to me on the basis of satisfactory evidence to be the person(s) whose name(es) is/arc subscribed to the within instrument and acknowledged to me that he/shc/thcy executed the same in his/hcr/thcir authorized capacity(es), and that by his/hcr/thcir signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PURJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. z • DeEtte Key, Notary Pubic DEETTE KEY Notary Public - California San Diego County Commission a2020 1 My Comm. Expfe Dec 22 z z ACORO® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 04/13/2017 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 have ADDITIONAL INSURED provisions or 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 INSURED Webster Insurance 8315 La Mesa Blvd La Mesa, CA 91942 CONTACT NAME: Kiki Velasquez PHONE 619 433-3801 E-MAIL ADDRESS: FAX 619 741-1047 INSURERS) AFFORDING COVERAGE NAIC # INSURER A: James River Insurance 12203 INSURER B: MAPFRE INSURANCE COMPANY 23876 COMMERCIAL & INDUSTRIAL ROOFING CO., INC Barry Turnour 9239 Olive Drive Spring Valley, CA 91977 COVERAGES INSURER C : NATIONAL UNION FIRE INS CO OF PITTS 19445 INSURER D : CALIFORNIA INSURANCE COMPANY 38865 INSURER E : EVANSTON INS CO 35378 INSURERF: HARTFORD FIRE INSURANCE CERTIFICATE NUMBER: 00000000-8934511 REVISION NUMBER: 790 19682 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL I SD SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY Y 000715620 05/01/2016 05/01/2017 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR DAMAGE RENTED PREMISESO(Ea occurrence) $ 50,000 X ` Dedc $5000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X jE LOC PRODUCTS - COMP/OP AGG $ 2,000,000 _ OTHER: $ B AUTOMOBILE LIABILITY Y 8004010001205 05/01/2016 05/01/2017 COMBINED SINGLE LIMIT (Ea accident) $ 2,000,000 x ANY AUTO BODILY INJURY (Per person) $ OWNED AUTOS ONLY X SCHEDULED AUTOS BODILY INJURY (Per accident) $ X HIRED AUTOS ONLY X NON -OWNED AUTOS ONLY PROPERTY DAMAGE (Per accident) $ X dedc $1000 corip/cpl $ C UMBRELLA LIAB X OCCUR BE 038239624 05/01/2016 05/01/2017 EACH OCCURRENCE $ 5,000,000 X EXCESS LIAB CLAIMS -MADE AGGREGATE $ 5,000,000 X DED RETENTION $ 0.00 $ D WORKERS COMPENSATION 82-882276-01-04 01/01/2017 01/01/2018 X STATUTE OTH- ER AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y / N E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) Y N / A E.L. DISEASE- EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 E F POLLU/MOLD $15,000DE Equipment Floater 16CPLCWE00066 72MSZD5781 05/01/2016 05/01/2016 05/01/2017 05/01/2017 EACH CLAIM/POLCY AG 1 2,000,000 545,633 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Policy # IMW16518 Essex Insurance Co. effective 5/23/2016-17 Installation Floater $500,000 at Jobsite $500,000 aggregate $100,000 in transit $300,000 Temporary Storage $5,000 Deduct 30 Day Notice of Cancellation / 10 Day Non Pay to Certificate Holder RE: National City ARTS Roof Replacement, CIP No. 16-12. : The City of National City, its elected officials, officers, agents and employees NAMED AS ADDITIONAL INSURED AS RESPECTS THE GENERAL LIABLITY PER THE ATTACHED FORMS (continued on ACORD 101 Additional Remarks Schedule) CERTIFICATE HOLDER CANCELLATION The City of National City, c/o Risk Manager 1243 National City B National City, CA 91950-4397 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORI ,D REPRESENTATIVE l -,' 'i ._.,.--&, ;, ,cam 45 (KMV) ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Printed by KMV on April 13, 2017 at 09:40AM AC 0® AGENCY CUSTOMER ID: 00000000 LOC #: ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY Webster Insurance POLICY NUMBER N/A CARRIER Multiple Carriers NAIC CODE NAMED INSURED COMMERCIAL & INDUSTRIAL ROOFING CO., INC Barry Turnour EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance (continued from Description of Operations) Workers Comp: deductible 0.00 ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Printed by KMV on April 13, 2017 at 09:40AM WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 01 03 03 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( ) Specific Waiver Name of person or organization: (x) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: 3. Premium 2500 The premium charge for this endorsement shall be of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Minimum Premium 5. Advance Premium This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. Endorsement Effective 01/01/17 Policy No. 82-882276-01-04 Endorsement No. 8 Insured Commercial & Industrial Roofing Co., Inc. Premium $ 2 , 500 . 00 Insurance Company California Insurance Company Countersigned by Policy No.: 00071562-0 COMMERCIAL GENERAL LIABILITY CG24040509 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Where required by written contract or written agreement Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products - completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 D Policy No.: 00071562-0 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 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): Where required by written contract or written agreement. Location And Description Of Completed Opera- tions All operations of the Named Insureds. 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 organiza- tion(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location desig- nated and described in the schedule of this endorse- ment performed for that additional insured and included in the "products -completed operations hazard". CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 O Policy No.: 00071562-0 COMMERCIAL GENERAL LIABILITY CG 2010 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Where required by written contract or written agreement. Location(s) Of Covered Operations All operations of the Named Insureds. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. 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", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization oth- er than another contractor or subcontractor engaged in performing operations for a princi- pal as a part of the same project. CG 20 10 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 ❑ Policy No.: 00071562-0 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY LIMITATION - AMENDED AGGREGATE LIMITS OF INSURANCE PER PROJECT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS COMBINED LIABILITY POLICY SECTION III — LIMITS OF INSURANCE - The General Aggregate Limit applies separately to each "Project" of the Named Insured. Notwithstanding the application of the General Aggregate Limit to each "Project' of the Named Insured, under no circumstances will we pay more than $5,000,000 for all claims under this policy that are subject to the General Aggregate limit. For the purpose of this endorsement, the following definition is added: "Project" means all work done by you or on your behalf, away from premises owned or rented to you, to complete an individual bid or negotiated contract to provide services for a specified period of time. Multiple jobs, work orders, purchase orders, or work done at multiple "locations" under one contract are not separate "projects" within the meaning of this coverage. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. AP5012US 12-03 Page 1 of 1 Policy No.: 00071562-0 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON CONTRIBUTORY ENDORSEMENT This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS Name Of Additional Insured Person(s) Or Organization(s): Where required by written contract or written agreement. If no entry appears above, this endorsement applies to all Additional Insureds covered under this policy. Any coverage provided to an Additional Insured under this policy shall be excess over any other valid and collectible insurance available to such Additional Insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement specifically requires that this insurance apply on a primary and noncontributory basis. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. AP5031 US 04-10 Page 1 of 1 ®1111111PEIRE I INSURANCE" THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ENHANCED COVERAGE ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the BUSINESS AUTO COVERAGE FORM apply unless modified by the endorsement. A. BROAD FORM NAMED INSURED SECTION II - LIABILITY COVERAGE, A.1., Who Is An Insured is amended by adding the following paragraph: d. Any business entity newly acquired or formed by you during the policy period provided you own 50% or more of the business entity and the business entity is not otherwise insured for Business Auto Coverage. Coverage is extended up to a maximum period of 180 days following completion of acquisition or the legal formation of the business entity. B. EMPLOYEES AS ADDITIONAL INSURED SECTION II - LIABILITY COVERAGE, A.1., Who Is An Insured is amended by adding the following paragraph: e. An "employee" of yours is an "insured" while using a covered "auto" you do not own, hire or borrow in your business or your personal affairs. C. ADDITIONAL INSURED BY CONTRACT Under SECTION II — LIABILITY COVERAGE, A.1., Who Is An Insured is amended by adding the following paragraph: f. Any person or organization, with whom you have a written contract, but only for "bodily injury" or "property damage" resulting from the acts or omissions of: 1. You, while using a covered "auto." 2. Any other person, while using a covered "auto" with your permission. D. COVERAGE EXTENSIONS - SUPPLEMENTARY PAYMENTS SECTION II - LIABILITY COVERAGE, A.2. Coverage Extensions, a. Supplementary Payments, paragraphs (2) and (4) are replaced by the following: (2) Up to $2,500 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "Insured" at our request, including actual Toss of earning up to $300 a day because of time off from work. E. LIMIT OF INSURANCE With respect to this endorsement, SECTION II - LIABILITY COVERAGE, C. Limit Of Insurance is amended by adding the following: 1. The insurance provided by this endorsement is excess over any other collectible insurance available to you. CA 957 11 13 Page 1 of 3 Includes Copyrighted Material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 2001 F. PHYSICAL DAMAGE - TRANSPORTATION EXPENSE SECTION III - PHYSICAL DAMAGE COVERAGE, A.4. Coverage Extensions a. Transportation Expenses is replaced by the following: We will pay up to $30 per day to a maximum of $900 for temporary transportation expense incurred by you as a result of a total theft of a covered "auto" of the private passenger type. We will pay only for covered "autos" for which you carry Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of policy expiration, when the covered "auto" is returned to use or we pay for its "loss". If the temporary transportation expense incurred arises from your rental of an "auto" of the private passenger type, the most we will pay is the amount it costs to rent an "auto" of the private passenger type which is of the same like kind and quality as the stolen covered "auto". G. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE SECTION III — PHYSICAL DAMAGE COVERAGE, A.4. Coverage Extensions b. Loss of Use Expenses is amended as follows: However, the most we will pay for any expenses for loss of use is $65 per day subject to a maximum limit of $975. H. PERSONAL EFFECTS COVERAGE SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage is amended by adding the following: 5. Personal Effects The most we will pay is up to $400 for Toss of wearing apparel and other personal effects which are: a. owned by an "insured"; and b. in or on your covered "auto". This coverage applies only in the event of a total theft of your covered "auto", or a total loss caused by fire, windstorm, vandalism or flood. We will pay only for covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. No deductibles apply to this coverage. I. AIRBAG COVERAGE SECTION III - PHYSICAL DAMAGE COVERAGE, B. Exclusions, paragraph 3.a. is replaced by the following: a. Wear and tear, freezing, mechanical or electrical breakdown. The mechanical breakdown exclusion does not apply to the repair of an airbag due to accidental discharge. J. NOTICE OF AND KNOWLEDGE OF OCCURRENCE SECTION IV - BUSINESS AUTO CONDITIONS, A.2. Duties In The Event Of Accident, Claim, Suit Or Loss, paragraph a. is amended by adding the following: Your duty to give us or our authorized representative prompt notice of the "accident" or "loss" applies only when the "accident" or "loss" is known to: 1. You, if you are an individual; 2. any partner, if you are a partnership; or 3. any executive officer or insurance manager, if you are a corporation. CA9571113 Page2of3 Includes Copyrighted Material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 2001 K. BLANKET WAIVER OF SUBROGATION SECTION IV - BUSINESS AUTO CONDITIONS, A.5. Transfer Of Rights Of Recovery Against Others To Us is amended by adding the following: We waive any right of recovery we may have against any person or organization because of payments we make for "bodily injury" or "property damage" arising out of the operation of a covered "auto" when you have assumed liability for such "bodily injury" or "property damage" under an insured contract. L. UNINTENTIONAL ERRORS OR OMISSIONS; OR FAILURE TO DISCLOSE HAZARDS SECTION IV - BUSINESS AUTO CONDITIONS, B. General Conditions, 2. Concealment, Misrepresentation Or Fraud, is amended by adding the following: The unintentional omission of, or unintentional error in, any information given by you shall not prejudice your rights under this insurance. However this provision does not affect our right to collect additional premium or exercise our right of cancellation or non -renewal. M. HIRED CAR - WORLDWIDE COVERAGE TERRITORY SECTION IV - BUSINESS AUTO CONDITIONS, B. General Conditions, 2. Policy Period, Coverage Territory is amended by adding the following: We will pay all sums an "Insured" legally must pay as damage because of "bodily injury" or "property damage" to which this insurance applies, caused by an "accident" which occurs outside the United States of America, the territories and possessions of the United States of America, Puerto Rico and Canada resulting from the operation, maintenance, or use of any covered "auto" of the private passenger type you lease, hire, rent or borrow without a driver for 30 days or less. With respect to any claim made or "suit" instituted outside the United States of America, the territories and possessions of the United States of America, Puerto Rico and Canada: (1) You shall undertake the investigation, settlement and defense of such claims and "suits" and keep us advised of all proceedings and actions; (2) You will not make any settlement without our consent; and (3) We will reimburse you for: (a) the amount of damages because of liability imposed upon you by law on account of "bodily injury" or "property damage" to which this policy applies; (b) all reasonable expenses incurred with our consent in connection with the investigation, settlement or defense of such claims or "suits"; and Our reimbursement obligation for the sum of all damages imposed on you and expenses incurred by you shall be limited to the amount stated in the policy as the applicable limit of our liability for damages. CA9571113 Page3of3 Includes Copyrighted Material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 2001 ,��IIN%//Illn�xxn,ingAM` CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950-4397 619-336-4228 Michael R. Dalla, CMC - City Clerk COMMERCIAL AND INDUSTRIAL ROOFING CO., INC. AGREEMENT FOR THE ARTS BUILDING ROOF REPLACEMENT PROJECT, CIP NO. 16-12 Judy Hernandez (Engineering/Public Works) forwarded Copy of Agreement to Commercial and Industrial Roofing Co., Inc.