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HomeMy WebLinkAboutAAIR Purification Systems - Fire Station No. 34 Diesel Exhaust Ventilation System - 2002ORIGINAL CONTRACT NATIONAL CITY FIRE STATION #34 DIESEL EXHAUST VENTILATION SYSTEM PROJECT, SPECIFICATION NO. 02-8 THIS CONTRACT, made and entered into this 3RD day of September, 2002 by and between the City of National City, California, herein after designated as the "City", and AAIR Purification Systems, hereinafter designated as the "Contractor". WITNESSETH: that the parties hereto do mutually agree as follows: 1. For and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the City, the Contractor agrees with the City to furnish all materials and labor for: NATIONAL CITY FIRE STATION #34 DIESEL EXHAUST VENTILATION SYSTEM PROJECT, SPECIFICATION NO. 02-8 and to perform and complete in a good and workmanlike manner all the work pertaining thereto shown on the plans and specifications therefore; to furnish at his own proper cost and expense all tools, equipment, labor and materials necessary therefore; and to do everything required by this agreement and the said plans and specifications. 2. For furnishing all said materials and labor, tools and equipment, and doing all the work contemplated and embraced in this Contract, also for all loss and damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the work until its acceptance by the City and for all risks of every description connected with the work; also, for all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as in said specifications are expressly stipulated to be borne by the City and for well and faithfully completing the work and the whole thereof, in the manner shown and described in the said plans and specifications, the City will pay and the Contractor shall receive in full compensation therefore the lump sum price, or if the bid is on the unit price basis, the total price for the several items furnished pursuant to the specification, named in the bidding sheet of the proposal, as the case may be. 3. The City hereby promises and agrees to employ, and does hereby employ said Contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to for the price aforesaid and hereby conditions set forth in the specification; and the said parties for themselves, their heirs, CONTRACT (CONTINUED) NATIONAL CITY FIRE STATION #34 DIESEL EXHAUST VENTILATION SYSTEM PROJECT, SPECIFICATION NO. 02-8 executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained. 4. The Notice Inviting Bids, Instructions To Bidders, Bid Proposal, Bonds, The Plans and Specifications, General Provisions and Special Provisions, and all amendments thereof, are hereby incorporated in and made part of this Contract. 5. The Contractor shall assume the defense of and indemnify and save harmless the City of National City and its officers, employees, and agents, including the private engineer, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from this Contract, or the performance of the work, regardless of responsibility or negligence. 6. Claims, disputes and other matters in question between the parties to this Contract, arising out of or relating to this Contract or the breach thereof, may be decided by arbitration if both parties to this Contract consent in accordance with the rules of the American Arbitration Association then obtaining unless the parties mutually agree otherwise. No arbitration arising out of or relating to this Contract, shall include, by consolidation, joinder or in any other manner, any additional person not a party to this Contract except by written consent containing a specific reference to this Contract and Signed by CONTRACTOR, CITY, and any other person sought to be joined. (Any Consent to arbitration involving an additional person or persons shall not constitute consent of any dispute not described therein or with any person not named or described therein.) This agreement to arbitrate and any agreement to arbitrate with an additional person or persons duly consented to by the parties to this Contract shall be specifically enforceable under the prevailing arbitration law. Notice of the demand for arbitration is to be filed in writing with the other party to this Contract and with the American Arbitration Association. The demand is to be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event is the demand for arbitration to be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. The award rendered by the arbitrators shall be final and judgement may be enter upon it in accordance with applicable law in any court having jurisdiction thereof. CONTRACT (CONTINUED) NATIONAL CITY FIRE STATION #34 DIESEL EXHAUST VENTILATION SYSTEM PROJECT, SPECIFICATION NO. 02-8 7. The Contractor agrees to comply with all Local, State and Federal regulations and with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970 (42 U.S.C. 1857 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) as amended. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed in three counterparts, each of which shall be deemed an original the day and year first above written. CONTRACTOR: By: Title: By: Title: \J'f G (L . r C--17-E-'Z-`1) Federal ID. No. .33- OaSS /I/4/ CITY: By: Title: ATTEST: By: t Wa rs H. George Mayor Title: City Cler, City of National City (Notarial acknowledgement of execution by all PRINCIPALS OF CONTRACTOR must be attached.) See Attachment for Official Notarization CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT is is iC A• State of California County of 0 1-ator personally appeared before me SS. j'l) (c5'i Name %Y Ltt Name and Title of Officer (e.g., "J 6.m-LLJY ekrot Name(s) of Signer(s) OFFICIAL SEAL CHRISTINA M. THEBERGE NOTARY PUBLIC-CALIFORNIA$ COMM. NO. 1372574 SAN DIEGO COUNTY MY COMM. EXP. AUG. 30, 2006 Place Notary Seal Above ne Die, Notary Publi H personally known to pig proved to me on the basis of satisfactory vidence to be the person(s) whose name(s) /are subscribed to the within instrumen and acknowledged to me that I(/,ie/they executed the same in ks/hpritheir authorized capacity(ies), and tht by / r/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. )vo, - OPTIONAL Signatur oflJetaryPublic dj 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 Dilicurrent \�� /� Title or Type of Document: (Oy' e1 4. -'I (1)( SL Document Date: �s1,1)1 (,7(60(-) Number of Pages: Signer(s) Other Than Named Above: l,,`\'-1y\ S (�,��'s t 0 C1'i Ct' Capacity(ies) palmed by Signe Signer's Name: tr-1)A " Nu' UDeyt + Sta (17 ❑ Individual I Corporate Officer — Title(s): \l'1(' 4, P(ec t ('+ - -t- 71a,kcistin4 ❑ Partner — ❑ Limited 0 General ❑ Attorney in Fact LJ Trustee O Guardian or Conservator ❑ Other: Signer Is Representing: 1,0_t RIGHT THUI OF SIG PRINT R Top of thumb here COe C tJ� �t 1,<; ‹ /c.CccX <::(?< f o-` A:.`C<X t:`( X © 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 ewww.nationalnotary.org Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 CONTRACT (CONTINUED) NATIONAL CITY FIRE STATION #34 DIESEL EXHAUST VENTILATION SYSTEM PROJECT, SPECIFICATION NO. 02-8 CORPORATE CERTIFICATE I, ?P.) L S . \M. `� ` .sue 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 ? 2� S i 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, -?401.... Cv _ \mc-a,) certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that `-pl_ S . .M. <c-'" , who signed said contract on behalf of the Contractor, was then V C.E_ 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: ISSUED IN THREE ORIGINAL COUNTERPATS COUNTERPART NO. 3 TIF.• PREMIUM IS PREDICATED ON -Y-,7. FINAL CONTRACT PRICE AND IB JECT TO ADJUSTMENT BOND N0. 1050387 PREMIUM: $275.00 PERFORMANCE BOND NATIONAL CITY FIRE STATION #34 DIESEL EXHAUST VENTILATION SYSTEM PROJECT, SPECIFICATION NO. 02-8 KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City of National City, on the 3RD day of September, 2002 has awarded to AAIR Purification Systems, hereinafter designated as the "Principal", the NATIONAL CITY FIRE STATION #34 DIESEL EXHAUST VENTILATION SYSTEM PROJECT, SPECIFICATION NO. 02-8. WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract. NOW, THEREFORE, we, the Principal and XL SPECIALTY INSURANCE COMPANY as surety, are held and firmly bound unto the City of National City, hereinafter called the "City", in the penal sum of Ten Thousand Nine Hundred Ninety Five Dollars ($10,995.00) 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. 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 thereunder 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. PERFORMANCE BOND (CONTINUED) NATIONAL CITY FIRE STATION #34 DIESEL EXHAUST VENTILATION SYSTEM PROJECT, SPECIFICATION NO. 02-8 In the event suit is brought upon this bond by the City of National City and judgement is recovered, the surety shall pay all costs incurred by the City 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 12TH day of SEPTEIMBER , 2002. XL PSfALTY INSURANCE CIMIPANY (SEAL) AAIR PURIFICATION SYSTEMS (SEAL) (SEAL) BY: youisf.,_\m, (SEAL) JULIA B. LEONARD, ATTORNEY IN FACT (SEAL) `koL ' • 'c-c.)1/4-ieF_A-5 " (SEAL) Surety APPROVED AS TO FORM George H. Eiser, III City Attorney Principal PERFORMANCE BOND (CONTINUED) NATIONAL CITY FIRE STATION #34 DIESEL EXHAUST VENTILATION SYSTEM PROJECT, SPECIFICATION NO. 02-8 ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF COUNTY OF ) ) ss On this day of , 2002, before me, the undersigned, a Notary Public in and for said County and State, personally appeared known to me to be the person whose name is subscribed to the within instrument as the attorney -in -fact of the , the corporation named as Surety in said instrument, and acknowledged to me that he subscribed the name of said corporation thereto as Surety, and his own name as attorney -in -fact. NOTE: Signature of those executing for Surety must be properly acknowledged. NOTE: The Attorney -in -fact must attach a certified copy of the Power of Attorney. Signature: Name (Type or Print): Notary Public in and for said County and State My Commission expires: APPROVED AS TO FORM: By: George H. Eiser, III City Attorney CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of CALIFORNIA County of RIVERSIDE On S E P 1 2 2002 personally appeared before me, S.L. KYSETH, NOTARY PUBLIC Name and Title of Officer (e.g., "Jane Doe, Notary Public") JULIA B. LEONARD, ATTORNEY IN FACT ❑ personally known to me -OR- S. L KYSETH CommMon # 1274061 Norvp Public — Conrornia San eenordno County My Corm. Erma% Sep la ION proved to Name(s) of Signer(s) 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. WITNESS my ha and official seal. Signatur eof Public 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 Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Number of Pages: Capacity(ies) Claimed by Signer(s) Signer's Name: Individual ❑ Corporate Officer ❑ Titles(s): ❑ Partner - -1 Limited n Attorney -in -Fact ❑ Trustee Guardian or Conservator ❑ Other: II General Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of Thumb here Signer's Name: J Individual ❑ Corporate Officer ❑ Title(s): P• artner - Limited General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator n O• ther: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of Thumb here BD-1133 09/00 DLSURETY ISSUED IN THREE ORIGINAL COUNTERPARTS BOND NO. 1050387 LIMITED POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the XL SPECIALTY INSURANCE COMPANY, a corporation organized and existing by virtue of the laws of the State of Illinois ("Company" or "Corporation"), does hereby nominate, constitute and appoint, Kenneth A. Coate, Mark N. Cladding and Julia B. Leonard as employees of Inland Surety Bonds & Insurance Services, its true and lawful Attorneys) -in -fact to make, execute, attest, seal and deliver for and on its behalf, as surety, and as its act and deed, where required, any and all bonds, undertakings, recognizances and written obligations in the nature thereof, the penal sum of no one of which is in any event to exceed $5,000,000.00. Such bonds and undertakings, when duly executed by the aforesaid Attorneys) -in -fact shall be binding upon the said Company as fully and to the same extent as if such bonds and undertakings were signed by the President and Secretary of the Company and sealed with its corporate seal. This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company on the 5th day of December, 1988: "RESOLVED, That the President, or any Vice President of the Company or any person designated by any one of them is hereby authorized to execute Powers of Attorney qualifying the attomey named in the given Power of Attorney to execute in behalf of the Company, bonds, undertakings and all contracts of suretyship, and that any Secretary or any Assistant Secretary of the Company be, and that each or any of them hereby is authorized to attest the execution of any such Power of Attorney, and to attach thereto the Seal of the Company. FURTHER RESOLVED, That the signature of such officers and the Seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be thereafter valid and binding upon the Company with respect to any bond, undertaking or contract of suretyship to which it is attached." Bonds executed under this Power of Attorney may be executed under facsimile signature and seal pursuant to the following Resolution adopted by the Board of Directors of the Company on August 6, 2001. "RESOLVED, That the signature of the President of this Company, and the seal of this Company may be affixed or printed on any and all bonds, undertakings, recognizances, or other written obligations thereof, on any revocation of any Power of Attorney, or on any certificate relating thereto, by facsimile, and any Power of Attomey, any revocation of any Power of Attorney, bonds, undertakings, recognizances, certificate or other written obligation, bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation." IN WITNESS WHEREOF, the XL SPECIALTY INSURANCE COMPANY has caused its corporate seal to be hereunto affixed, and these presents to be signed by its duly authorized officers this 6th day of August, 2001. XL SPECIALTY INSURANCE COMPANY BY: Attest: PRESIDENT SECRETARY STATE OF ILLINOIS COUNTY OF COOK ss. On this 6th day of August, 2001, before me personally came Nicholas M. Brown, Jr. to me known, who, being duly sworn, did depose and say: that he is President of the Company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to the aforesaid instrument is such corporate seal and was affixed thereto by order and authority of the Board of Directors of said Company; and that he executed the said instrument by like order and authority: OFFICIAL SEAL NANCY L STANGEL NOTARY PORN C STATE Of WHIMS MV COMMISSION S*PIRES:06.a* 0! '1A- a .drwe1 NOTARY PUBLIC STATE OF ILLINOIS COUNTY OF COOK ss. I, Ben M. Llaneta, Secretary of the XL SPECIALTY INSURANCE COMPANY a corporation of the State of Illinois, do hereby certify that the above and foregoing is a full, true and correct copy of Power of Attorney issued by said Company, and that 1 have compared same with the original and that it is a correct transcript therefrom and of the whole of the original and that the said Power of Attorney is still in full force and effect and has not been revoked. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company, at the City of Schaumburg, this 12TH day of SEPTEMBER ,20 02 ,N777474,„ a • F t3 . SEAL SECRETARY ISSUED IN THREE ORIGINAL COUNTERPARTS COUNTERPART NO. 3 BOND NO. 1050387 PREMIUM: INCLUDED IN THE PREMIUM CHARGED FOR THE PERFORMANCE BOND PAYMENT BOND NATIONAL CITY FIRE STATION #34 DIESEL EXHAUST VENTILATION SYSTEM PROJECT SPECIFICATION NO. 02-8 KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City of National City, on the 3' day of September, 2002 has awarded to AAIR Purification Systems, hereinafter designated as the "Principal", the NATIONAL CITY FIRE STATION #34 DIESEL EXHAUST VENTILATION SYSTEM PROJECT, SPECIFICATION NO. 02-8. WHEREAS, said Principal is required by Chapter 5 (commencing at Section 3225) and Chapter 7 (commencing at Section 3247), Title 15, Part 4, Division 3 of the California Civil Code to furnish a bond in connection with said contract; NOW, THEREFORE, we, the Principal and XL SPECIALTY INSURANCE COMPANY as surety, are held and firmly bound unto the City of National City, hereinafter called the "City", in the penal sum of Ten Thousand Nine Hundred Ninety Five Dollars ($10,995.00) 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 said Principal, his/her or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay any of the persons named in Section 3181 of the California Civil Code, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the Contractor and his subcontractors pursuant to Section 18806 of the Revenue and Taxation Code, with respect to such work and labor the Surety will pay for the same in an amount not exceeding the sum hereinafter specified, and also, in case suit is brought upon this bond, a reasonable attorney's fee, to be fixed by the Court. This Bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code, so as to give a right of action to such persons or their assigns in any suit brought upon this bond. PAYMENT BOND (CONTINUED) NATIONAL CITY FIRE STATION #34 DIESEL EXHAUST VENTILATION SYSTEM PROJECT, SPECIFICATION NO. 02-8 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 therefor, 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 12TH day of SEPTEf1BER 2002. XL CIALTY INSURANCE CO PANY (SEAL) AAIR PURIFICATION SYSTEMS (SEAL) �nn (SEAL) BY • I V ` (SEAL) JULIA B. LEONARD, ATTORNEY IN FACT(SEAL) ��' `-�J (SEAL) Surety APPROVED AS TO FORM George H. Eiser, III City Attorney Principal PAYMENT BOND (CONTINUED) NATIONAL CITY FIRE STATION #34 DIESEL EXHAUST VENTILATION SYSTEM PROJECT, SPECIFICATION NO. 02-8 ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF COUNTY OF ) ss On this day of , 2002, before me, the undersigned, a Notary Public in and for said County and State, personally appeared known to me to be the person whose name is subscribed to the within instrument as the attorney -in -fact of the , the corporation named as Surety in said instrument, and acknowledged to me that he subscribed the name of said corporation thereto as Surety, and his own name as attorney -in -fact. NOTE: Signature of those executing for Surety must be properly acknowledged. NOTE: The Attorney -in -fact must attach a certified copy of the Power of Attorney. Signature: Name (Type or Print): (Notary Public in and for said County and State) My Commission expires: APPROVED AS TO FORM: By: George H. Eiser, III City Attorney CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of CALIFORNIA County of RIVERSIDE On SEP 1 2 2002 before me, personally appeared S.L. KYSETH, NOTARY PUBLIC Name and Title of Officer (e.g., "Jane Doe, Notary Public") JULIA B. LEONARD, ATTORNEY IN FACT ® personally known to me -OR- n proved to S. L EYSETH CommLdon # 1274061 Notary Pubic — California g San Bemaldno Comfy My Con m. Brpies Sep 12. 2� i Name(s) of Signer(s) 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. WITNESS yny hand and offi ial seal. 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. gnature of Notary Public Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Number of Pages: Capacity(ies) Claimed by Signer(s) Signer's Name: Il u n u Individual Corporate Officer Titles(s): Partner - n Limited l General Attorney-i n-Fact Trustee Guardian or Conservator Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of Thumb here Signer's Name: n n El Individual Corporate Officer Title(s): Partner - Limited Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: n General RIGHT THUMBPRINT OF SIGNER Top of Thumb here BD-1133 09/00 )SURETY ISSUED IN THREE ORIGINAL COUNTERPARTS BOND NO. 1050387 LIMITED POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the XL SPECIALTY INSURANCE COMPANY, a corporation organized and existing by virtue of the laws of the State of Illinois ("Company" or "Corporation"), does hereby nominate, constitute and appoint, Kenneth A. Coate, Mark N. Gladding and Julia B. Leonard as employees of Inland Surety Bonds & Insurance Services, its true and lawful Attorneys) -in -fact to make, execute, attest, seal and deliver for and on its behalf, as surety, and as its act and deed, where required, any and all bonds, undertakings, recognizances and written obligations in the nature thereof, the penal sum of no one of which is in any event to exceed $5,000,000.00. Such bonds and undertakings, when duly executed by the aforesaid Attomey(s)-in-fact shall be binding upon the said Company as fully and to the same extent as if such bonds and undertakings were signed by the President and Secretary of the Company and sealed with its corporate seal. This Power of Attomey is granted and is signed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company on the 5th day of December, 1988: "RESOLVED, That the President, or any Vice President of the Company or any person designated by any one of them is hereby authorized to execute Powers of Attorney qualifying the attomey named in the given Power of Attorney to execute in behalf of the Company, bonds, undertakings and all contracts of suretyship, and that any Secretary or any Assistant Secretary of the Company be, and that each or any of them hereby is authorized to attest the execution of any such Power of Attorney, and to attach thereto the Seal of the Company. FURTHER RESOLVED, That the signature of such officers and the Seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be thereafter valid and binding upon the Company with respect to any bond, undertaking or contract of suretyship to which it is attached." Bonds executed under this Power of Attorney may be executed under facsimile signature and seal pursuant to the following Resolution adopted by the Board of Directors of the Company on August 6, 2001. "RESOLVED, That the signature of the President of this Company, and the seal of this Company may be affixed or printed on any and all bonds, undertakings, recognizances, or other written obligations thereof, on any revocation of any Power of Attorney, or on any certificate relating thereto, by facsimile, and any Power of Attorney, any revocation of any Power of Attorney, bonds, undertakings, recognizances, certificate or other written obligation, bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation." IN WITNESS WHEREOF, the XL SPECIALTY INSURANCE COMPANY has caused its corporate seal to be hereunto affixed, and these presents to be signed by its duly authorized officers this 6th day of August, 2001. XL SPECIALTY INSURANCE COMPANY sy: = SEAL . BY: Attest: eV-4.4 '717( PRESIDENT SECRETARY STATE OF ILLINOIS COUNTY OF COOK ss. On this 6th day of August, 2001, before me personally came Nicholas M. Brown, Jr. to me known, who, being duly sworn, did depose and say: that he is President of the Company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to the aforesaid instrument is such corporate seal and was affixed thereto by order and authority of the Board of Directors of said Company; and that he executed the said instrument by like order and authority: OFFICIAL SEAL NANCY L STANGEL NOTARY PUBLIC STATE OF ILLINOIS MY COMMISSION E%PIRES:OE-O4• 03 a NOTARY PUBLIC STATE OF ILLINOIS COUNTY OF COOK ss. I, Ben M. Llaneta, Secretary of the XL SPECIALTY INSURANCE COMPANY a corporation of the State of Illinois, do hereby certify that the above and foregoing is a full, true and correct copy of Power of Attorney issued by said Company, and that I have compared same with the original and that it is a correct transcript therefrom and of the whole of the original and that the said Power of Attorney is still in full force and effect and has not been revoked. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company, at the City of Schaumburg, this 12TH day of SEPTEMBER , 20 02 SECRETARY ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YY) SEP 16 02 LPROIS(1 R ALL COMMERCIAL INSURANCE SERVICES, LLC. 6790 TOP GUN STREET #3 SAN DIEGO CA 92121 PHONE: 858/642-0200 FAX: 858/642-0205 Agency Lic#: 0064552 INSURED AAIR PURIFICATION SYSTEMS 9040 KENAMAR DRIVE STE. #402 SAN DIEGO CA 92121 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY A: THE HARTFORD COMPANY B: WESTPORT INSURANCE COMPANY COMPANY C: COMPANY D: COMPANY E: COVERAGES THIS IS NOTWITHSTANDING OR MAY LIMITS INSRI LTRI TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE ' POLICY EXPIRATION DATE(MM/DD/YY) DATE(MM/DD/YY) LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY 72SBAKH5045 FEB 20 02 FEB 20 03 EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE (Any One Fire) $ 300,000 1 CLAIMS MADE X OCCUR MED. EXP (Any One Person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 AGGREGATE LIMIT APPLIES PER: POLICY PROJECT LOC GENERAL AGGREGATE $ 2,000,000 GEN'L PRODUCTS-COMP/OP AGG. $ 2,000,000 AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS ALL SCHEDULED AUTOS I HIRED AUTOS NON -OWNED AUTOS LIMIT (Ea accident) —1 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ GARAGE UABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS LIABILITY OCCUR CLAIMS MADE 1 DEDUCTIBLE RETENTION $ EACH OCCURRENCE $ AGGREGATE $ $ $ $ B WORKERS COMPENSATION AND WCX0008178-00 FEB 20 02 FEB 20 03 EMPLOYERS' LIABILITY WC STATLL I OTHER TORY LIMITS E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE -EA EMPLOYEE $ 1,000,000 E L. DISEASE -POLICY LIMIT $ 1,000,000 OTHER: DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS CITY OF NATIONAL CITY, ITS OFFICERS, EMPLOYEES, AND AGENTS ARE NAMED AS ADDITIONAL INSURED WITH RESPECTS TO GENERAL LIABILITY. *30 DAY NOTICE OF CANCELLATION FOR NON-PAYMENT OF PREMIUM.***REVISED*** CERTIFICATE HOLDER ADDITIONAL INSURED; INSURER LETTER: CITY OF NATIONAL CITY DEPT. OF PUBLIC WORK 1243 NATIONAL CITY BLVD. NATIONAL CITY, CA 91950 Attention: CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. AUTHORIZED REPRESENTATIVE ACORD 25-S (7/97) Certificate # 26604 Mark Rubin 1U/L1/UG MU!N 12:11 rAA 105ts5(i53/UG .1.v. 1 (i Lvv4 11 . 11 FAA f.JLIP,GOUICIPUV 6300 Wilson MIAs Road Mayfield Village, OH 44I43 14O& 44a-4a87 AAIK rUxlrll.t11(jI JIJICIR t4ULUAAVU t,r q� y� CERTIFICATE OF INSURANCE i\ �:m• t r t:`':Iyn J i �' �. yM�r+��y�� dQ.d, `'iy+�,�"yt:�» Z nervy ip' �•.`++�,�I��(!riit�������,` ��• . r `�4. " �L7SLR� tEi '�:iAI" vi �'�% .w �; i71tlC:5: REINHART CORP AALR PURIFICATION SYSTEMS 9040 KENAMAR DR #402 SAN DIEGO, CA 92121 CERTIFICAI"1r OF INSURANCE THIS DOCUMENT CERT>FIES THAT INSURANCE POLICIES RIIIJT IED BELOW RAVE BEEN ISSUED BY THE DESIGNATED INSURER TO THE INSURED NAMED ABOVE FOR THE PERIOD(5) INDICATED. THIS CERTIFICATE IS ISSUED FOR INFORMATION PURPOSES ONLY. IT CONFEi S NO RIDS UPON THE CERTIFICATE BOWER AND DOES NOT CHANGE, ALTER, MODIFY, OR EXTEND TEE COVERAGES) AFFORDED BY THE Pollan LISTED BELOW. THE COVERAGE(S) AFFORDED BY THE POLICIES LIFTED BELOW ARE SUBJECT TO ALL THE TERMS, EXCLIJSIer rS, LIMTTATIQNS, ENDORSEME�ti_ , AND CONDTIiONs OP THESE POLIui s. AWSREIW eagammarmaarmakwiat PROGRESSIVE PO BOX 94739 CLEVELAND, OH 44101 AUTO LIABILITY HIRED AND NON OWNED CA01619504-0 SCHEDULED AUTOS ONLY 00 FORD FLATBED TRUCK VIN# IFDSE35F9YHB55549 CITY OF NATIONAL CITY 1243 NATIONAL CITY NATIONAL CITY, CA 91950 CERTIPTCA1E NVMBERR: 04/26/2002 04/26/2003 ONE MILLION CSL ONE MILLION CSL i, ',4�`�i�!{SD' L `r :.'INn.PKii'•j+y , 'i�'} {P� �.'•.{�1'dil}A. �J� 117 iRP w^�'+r Please be advised we will notify additional insureds in the event of mid-term cancellation with a 21 day notice. ATTN: TERRY FAX 858-578-3762 ilEs4t- r P' 7 RESOLUTION NO. 2002 - 132 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO AAIR PURIFICATION SYSTEMS FOR THE NATIONAL CITY FIRE STATION #34 DIESEL EXHAUST VENTILATION SYSTEM PROJECT (SPEC. NO. 02-8) WHEREAS, the Engineering Department of the City of National City did, in open session on August 15, 2002, publicly open, examine and declare all sealed bids for the National City Fire Station # 34 Diesel Exhaust Ventilation Project, Specification No. 02-8. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for the National City Fire Station # 34 Diesel Exhaust Ventilation Project, Specification No. 02-8 to the lowest responsive, responsible bidder, to wit: AAIR Purification Systems BE IT FURTHER RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute on behalf of the City a contract with AAIR Purification Systems for the National City Fire Station # 34 Diesel Exhaust Ventilation Project, Specification no. 02-8. Said contract is on file in the office of the City Clerk. PASSED and ADOPTED this 3rd day of September, 2002. Geore H. Waters, Mayor ATTEST: Mic•ael R. Dalla, !/ity Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney t Passed and adopted by the Council of the City of National City, California, on September 3, 2002, by the following vote, to -wit: Ayes: Councilmembers Beauchamp, Inzunza, Zarate, Waters. Nays: None. Absent: Councilmember Morrison. Abstain: None. AUTHENTICATED BY: GEORGE H. WATERS Mayor of the City of National City, California MICHAEL R. DALLA City Clerk of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2002-132 of the City of National City, California, passed and adopted by the Council of said City on September 3, 2002. f National City, California City lerk of the City By: Deputy #EETING DATE City of National City, California COUNCIL AGENDA STATEMENT September 3, 2002 8 AGENDA ITEM NO. ITEM TITLE RESOLUTION OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO AAIR PURIFICATION SYSTEMS FOR THE NATIONAL CITY FIRE STATION #34 DIESEL EXHAUST VENTILATION SYSTEM PROJECT, SPECIFICATION NO. 02-8 PREPARED BY Michael Long DEPARTMENT Public Works/Engineering EXPLANATION On August 15, 2002, two bids were received and opened for the National City Station #34 Diesel Exhaust Ventilation System Project, Specification No. 02-8. The project includes the installation of two complete Source Capture Diesel Exhaust Ventilation Systems at Fire Station #34, one for each of the Fire Engines. Staff has reviewed all the proposals and found the lowest responsive bidder, Aair Purification Systems, qualified to perform the work. The total cost of the project is estimated to be $13,200. This amount includes the construction bid price of $10,995, plus 20% ($2,200) for contingencies and inspection. i Environmental Review XN/A Financial Statement Approved By: The total cost of the project is estimated to be $13,200. This amount is within th estimated budget for this project. ndi g is available through Account Number L�rv✓� . Finance D' ct•r vie 1-409-500-598-1177. Account No. STAFF RECOMMENDAT ON Adopt the Resolution. C BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 2002-132 1. Resolution 2. Bid Opening Spreadsheet 3. Bid Opening Sheet A -too (9,99) RESOLUTION NO. 2002 - 132 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO AAIR PURIFICATION SYSTEMS FOR THE NATIONAL CITY FIRE STATION #34 DIESEL EXHAUST VENTILATION SYSTEM PROJECT (SPEC. NO. 02-8) WHEREAS, the Engineering Department of the City of National City did, in open session on August 15, 2002, publicly open, examine and declare all sealed bids for the National City Fire Station # 34 Diesel Exhaust Ventilation Project, Specification No. 02-8. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for the National City Fire Station # 34 Diesel Exhaust Ventilation Project, Specification No. 02-8 to the lowest responsive, responsible bidder, to wit: AAIR Purification Systems BE IT FURTHER RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute on behalf of the City a contract with AAIR Purification Systems for the National City Fire Station # 34 Diesel Exhaust Ventilation Project, Specification no. 02-8. Said contract is on file in the office of the City Clerk. PASSED and ADOPTED this 3rd day of September, 2002. ,CL George H. Waters, Mayor ATTEST: Mic a ael R. Dalla, '% ity Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Passed and adopted by the Council of the City of National City, California, on September 3, 2002, by the following vote, to -wit: Ayes: Councilmembers Beauchamp, Inzunza, Zarate, Waters. Nays: None. Absent: Councilmember Morrison. Abstain: None. AUTHENTICATED BY: GEORGE H. WATERS Mayor of the City of National City, California A t lerk of the City of City /National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2002-132 of the City of National City, California, passed and adopted by the Council of said City on September 3, 2002. City Clerk of the City of National City, California By: Deputy August 15, 2002 NO. 1 Bid Opening Date NATIONAL CITY FIRE STATION # 34 DIESEL EXHAUST VENTILATION SYSTEM PROJECT, SPECIFICATION NO. 02-8 ITEM Purchase and install two (2) Source Capture Diesel Ventilation Systems TOTAL NAME RANK QTY 1 UNIT LS AAIR PURIFICATION SYSTEMS UNIT PRICE $ 10,995.00 1 AMOUNT $ 10,995.00 I $ 10,995.00 FORBES CONSTRUCTION UNIT PRICE $ 11.850.00 2 AMOUNT $ 11, 850.00 I $ 11, 850.00 BID OPENING SPECIFICATION NUMBER: 02-8 PROJECT TITLE: NATIONAL. CITY FIRE STATION #34 DIESEL EXHAUST VENTILATION SYSTEM OPENING DATE: THURSDAY, AUGUST 15, 2002 TIME: 3:00 P.M. ESTIMATE: $16,500.00 PROJECT ENGINEER: MICHAEL LONG NO. BIDDER'S NAME (PAGE 13 OR 14) BID AMOUNT (PAGE 16 ) ADDENDA (PAGE 13) EDGE 8I SECURITY CK (PAGE 19 -BOND) 1. AAIR PURIFICATION SYSTEM 9040 KENAMAR DRIVE, STE. 402 SAN DIEGO, CA 92121 $10,995.00 YES CHECK 2. FORBES CONSTRUCTION 13877 PIONEER ROAD APPLE VALLEY, CA 92307 $11,850.00 YES BOND 3. 4. 5. bid02-8 City of National City Office of the City Clerk 1243 National City Boulevard, National City, California 91950-4397 Michael R. Dalla, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 October 25, 2002 Mr. Jeff Storey, President AAIR Purification Systems 9040 Kenamar Drive San Diego CA 92121 Project: National City Fire Station No. 34 Diesel Exhaust Ventilation System Project, Spec. #02-8, Awarding Resolution 2002-132 Dear Mr. Storey, On September 3, 2002, the City Council of the City of National City passed and adopted Resolution No. 2002-132, awarding a contract to AAIR Purification Systems for the National City Fire Station #34 Diesel Exhaust Ventilation System Project (Spec. No. 02-8). We are pleased to enclose one fully executed original contract, payment bond, performance bond, and one copy of the Certificate of Insurance for your records. Should you have any questions, please contact Mr. Burt Myers, City Engineer / Public Works Director at (619) 336-4380. Michael R. Dalla, CMC City Clerk MRD/mla Enclosure cc: Engineering C2002-41 ® Recycled Paper