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HomeMy WebLinkAbout2017 CON MJC Construction - Fire Station 33 Squad FacilityOWNER - CONTRACTOR AGREEMENT FIRE STATION 33 SQUAD FACILITY, CIP NO. 17-08 This Owner -Contractor Agreement ("Agreement") is made by and between the City of National City, 1243 National City Boulevard National City, California 91950 and MJC Construction ("Contractor"), 3015 Sylvia Street, Bonita, CA 91902 on the 25th day of May, 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 ail 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 Qn 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: "1 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) (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: City Manager, City of National City Contractor: MJC CONSTRUS:LLQN (Owner/Officer signure) Attest: SUSprv.wl aM o-z - Prvi t ----'7 -p �� Print name a� title 1. N ` City Clerk, City of tional City (Second ¢#i(er signature if a c. poration) T. J iill e/1CZ Print name and title Contractor's City Business License No. 75-4178 State Contractor's License No. and Class 3016 Sy' vca5—f' Business street address (Vitt. ra' W/02. City, State and Zip Code 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) CORPORATE CERTIFICATE 1, 54 a/n J/a4Cr,Gz certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that �U.S4 J/M.e-Co CZ , who signed said contract on behalf of the r Contractor, was then /GSIGY 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: Bond No. CMGP0000505 Premium: $4,359.00 Executed in Three (3) Originals PAYMENT BOND WHEREAS, the City Manager of the City of National City, on the 25st day of .May, 2017, has awarded MJC Construction, hereinafter designated as the "Principal", the FIRE STATION.33 SQUAD FACILITY, CIP No. 17-08 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 Argonaut Insurance Company as surety, are held and firmly.bound unto the, the City of National City, hereinafter called the "City", in the penal sum of One Hundred Sixty Seven Thousand, Nine Hundred Seventy Dollars No Cents ($167,970) 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. "Jimenez, Inc. dba MJC Construction It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement hereinabove described or pertaining or relating to the furnishing of labor, materials, or equipment therefore, not by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement hereinabove described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner of Public Entity and original contractor or on the part of any obliges named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 3110 or 3112 of the California Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned. IN WITNESS WHEREOF three identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the 7th day of June , 2017. Argonaut Insurance Company C/o CMGIA - 20335 Ven Woodland Bills, C • 9 Gabriella (SEAL) ra Blvd., Suite 426 (SEAL) Fact Surety (SEAL) Jimenez, Inc. dba MJC C-onstruction Principal (SEAL) (SEAL) (SEAL) STATE OF ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY SEE ATTACHMENT • COUNTY OF ss On this day of , 2017, 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) MyCommission expires: ATTACH ALL BONDS Bond#CMGP0000505 Argonaut Insurance Company $4,359.00 Deliveries Only: 225 W. Washington, 24th Floor Chicago, IL 60606 United States Postal Service: P.O. Box 469011, San Antonio, TX 78246 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Argonaut Insurance Company, a Corporation duly organized and existing under the laws of the State of Illinois and having its principal office in the County of Cook, Illinois does hereby nominate. constitute and appoint: Gabriella Grady. Shilo Lee Losino, Stephanie Hope Shear Air J4 10 Their true and lawful agent(s) and attomey(s)-in-fact, each in their separate capacity if more than one is named above, to make. execute, seal and deliver for and on its behalf as surety, and as its act and deed any and all bonds, contracts, agreements of indemnity and other undertakings in suretyship provided, however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of $10,000.000.00 This Power of Attorney is granted and is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of Argonaut Insurance Company: "RESOLVED, That the President, Senior Vice President, Vice President, Assistant Vice President, Secretary, Treasurer and each of them hereby is authorized to execute powers of attorney, and such authority can be executed by use of facsimile sieiature, which may be attested or acknowledged by any officer or attorney, of the Company, qualifying the attorney or attorneys named in the given power of attorney, to execute in behalf of, and acknowledge as the act and deed of the Argonaut Insurance Company. all bond undertakings and contracts of suretyship, and to affix the corporate seal thereto." IN WITNESS WHEREOF, Argonaut Insurance Company has caused its STATE OF TEXAS COUNTY OF HARRIS SS: tc '„ to be hereunto affixed and these presents to be signed by its duly authorized officer on the 18th day ofJuly, 2013. ��..���!!:Ifve. Argonaut Insurance Company gi F snO T. toSE�AL= z'. : = by. ,an9s. ,'''''.auua.... Joshua C. Betz Senior Vice President On this 18th day of July, 2013 A.D., before me, a Notary Public of the State of Texas, in and for the County of Harris, duly commissioned and qualified, came THE ABOVE OFFICER OF TI-IE COMPANY, to me personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknowledged the execution of same, and being by me duly sworn. deposed and said that he is the officer of the said Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said corporation, and that Resolution adopted by the Board of Directors of said Company, referred to in the preceding instrument is now in force. IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my Official Seal at the County of Harris, the day and year first above written. K4THLEEN M MEIKB NOTARY PUBUC STATE OF TEXAS MY COMM. EXR 07-164017 (Notary Public) 1, the undersigned Officer of the Argonaut Insurance Company, Illinois Corporation, do hereby certify that the original POWER OF ATTORNEY of which the foregoing is a full, true and correct copy 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, on the 7th day of June ,',NH Il6gII, tsSFALy :tfa,. tail . 2: mot."Y•� 4L- * ••''• ��• ' ,2017. Sarah Heineman VP -Underwriting Surety THIS DOCUMENT IS NOT VALID UNLESS THE WORDS ARGO POWER OF ATTORNEY ARE IN BLUE. IF YOU HAVE QUESTIONS ON AUTHENTICITY OF THIS DOCUMENT CALL (210) 321 - 8400. 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 LOS ANGELES On JUN 7 2017 before me, SHIRLEY GIGGLES, NOTARY PUBLIC Date } } Here Insert Name and Title of the Officer personally appeared GABRIELLA GRADY Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. SHIRLEY GIGGLES . Notary Public - California � Los Angeles County �� Sep 2020 y•;✓ Commission # 2t63817 Tres 7. My Comm. Exp Place Notary Seal Above WITNESS my hand � d official seal. Signatur-��>• Si e of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited L I General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Named Above: Signer's Name: Corporate Officer — Title(s): ❑ Partner — ❑ Limited i 1 General -J Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item#5907 rer Bond No. CMGP0000505 Premium: $4,359.00 Executed in Three (3) Originals PERFORMANCE BOND WHEREAS, the City Manager of the City of National City, on the 25th day of May, 2017, has awarded to MJC Construction, hereinafter designated as the "Principal", the FIRE STATION 33 SQUAD FACILITY CIP No. 17-08 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 Argonaut insurance Company as surety, are held and firmly boundunto the City of National City, hereinafter called the "City", in the penal sum of One Hundred Sixty Seven Thousand, Nine Hundred Seventy Dollars No Cents ($167,970) 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, its officers, agents, employees, and 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 no change, extension of time, alteration or addition to the terms of the contract or to the "Jimenez, Inc. dba MJC Construction work to be performed herein or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or additions to the terms of the contract or to the work or to the specifications. In the event suit is brought upon this bond by the City and judgment 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 7th day of June , 2017. Argonaut Insurance Company (SEAL) Jimenez, Inc. dba MJC Construction (SEAL) C/o CMGIA- 20335 Ventura Blvd, Suite 426 Woo• and Hills, C • 91364 (SEAL) (SEAL) (SEAL) (SEAL) Gab ey-In-Fact Surety Principal Bond#CM6P0000505 Argonaut Insurance Company $4,359.00 Deliveries Only: 225 W. Washington, 24th Floor Chicago, IL 60606 United States Postal Service: P.O. Box 469011, San Antonio, TX 78246 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Argonaut Insurance Company, a Corporation duly organized and existing under the laws of the State of Illinois and having its principal office in the County of Cook, Illinois does hereby nominate, constitute and appoint: Gabriella Grady, Shilo Lee Losino, Stephanie Hope Shear Their true and lawful agent(s) and attorney(s)-in-fact, each in their separate capacity if more than one is named above, to make. execute, seal and deliver for and on its behalf as surety, and as its act and deed any and all bonds, contracts, agreements of indemnity and other undertakings in suretyship provided, however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of: $10.000 000.00 This Power of Attomey is granted and is signed and sealed under and by the authority of the followiRe ut adopted by the Board of Directors of Argonaut Insurance Company: "RESOLVED, That the President, Senior Vice President, Vice President, Assistant Vice authorized to execute powers of attorney, and such authority can be executed by use of f officer or attorney, of the Company, qualifying the attorney or attorneys named i the act and deed of the Argonaut Insurance Company, all bond undertakings IN WITNESS WHEREOF, Argonaut Insurance Company has caused its authorized officer on the 18th day of July, 2013. STATE OF TEXAS COUNTY OF HARRIS SS: ecretary, Treasurer and each of them hereby is ature, which may be attested or acknowledged by any ow r of attorney, to execute in behalf of, and acknowledge as suretyship, and to affix the corporate seal thereto." to be hereunto affixed and these presents to be signed by its duly Si SEAL:: : a2: 1948 e: by- ,$uo,H.. Argonaut Insurance Company Joshua C Betz , Senior Vice President On this 18th day of July, 2013 A.D., before me, a Notary Public of the State of Texas, in and for the County of Harris, duly commissioned and qualified, came THE ABOVE OFFICER OF THE COMPANY, to me personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknowledged the execution of same, and being by me duly sworn, deposed and said that he is the officer of the said Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said corporation, and that Resolution adopted by the Board of Directors of said Company, referred to in the preceding instrument is now in force. IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my Official Seal at the County, of Harris, the day and year first above written. KATHL.EEN M MEEKS NOTARY PUBLIC STATE OF TEXAS MY COMM. EXP.. 07-15-2017 ctEklu n M Yl . art to (Notary Public) I, the undersigned Officer of the Argonaut insurance Company, Illinois Corporation, do hereby certify that the original POWER OF ATTORNEY of which the foregoing is a full, true and correct copy 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, on the 7th day of June , 2017 . (QL) �} at4- — ••.7Urt6+g•'• Yr .... *....•,''� Sarah Heineman , VP -Underwriting Surety THIS DOCUMENT IS NOT VALID UNLESS THE WORDS ARGO POWER OF ATTORNEY ARE IN BLUE. IF YOU HAVE QUESTIONS ON AUTHENTICITY OF THIS DOCUMENT CALL (210) 321 - 8400. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 .r��rcr��rc:r�r�cAe,{cc�.�.�c,<:c.�c.�e�ccr,�e�c�r�ctcrczcs;c�e�;�;c�rYcrc.cc:rcr�crc�cszomc��r,�e.�r.�.�e.� cM,rc� A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of LOS ANGELES ) On JUN 0 7 2017 before me, SHIRLEY GIGGLES, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared GABRIELLA GRADY Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. lortlhearilltoduaxSHIRLEY GIGGLES Notary Public - California tLos Angeles County z `' ri.. Commission # 2163817 My Comm. Expires Sep 7, 2020 -- Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my han and official seal. Signatur-�� ure of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): 0 Partner — 0 Limited : 1 General 0 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: Corporate Officer — Title(s): 0 Partner — 0 Limited i J General 0 Individual ❑ Attorney in Fact 0 Trustee 0 Guardian or Conservator ❑ Other: Signer Is Representing: •��� . cz:cc,�-.�z:.c.,�,zx.ce:e��u;�czzu..��ce=ze����,ez-�.�:�. _ _ • _ ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 ACG De CERTIFICATE OF LIABILITY INSURANCE DATE (MMfDDI YYY) 06/12/2017 THIS CERTIFICATE 1S ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION 15 WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER OP Insurance Agency, Inc 8100 La Mesa Blvd. #105 La Mesa, CA 91942 License #: OH65134 CNAME: George Ohnesorgen PHONE FAX rpm. (619)741-0160 INC, No): (619)489-3653 rpm. No. E-MAILDSS: george@op-insurance.com INSURER(S) AFFORDING COVERAGE NAICS INSURER A: Berkley Assurance Co. 39462 INSURED Jimenez Inc DBA MJC Construction 3015 Sylvia St Bonita, CA 91902-2141 INSURER B: Unitedfinancial Casualty Company 11770 INSURERC: National Union Fire Co. of Pitt. 19445 INSURERD: Security National Insurance Company 'NSURERE: INSURER F : COVERAGES CERTIFICATE NUMBER: 00000000-556442 REVISION NUMBER: 125 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 ADM INSD SUBRI WVD POLICY NUMBER POLICY EFF (MDDIYYYY) POLICY EXPMI (MMfDDIYYYY) LIMITS A X COMMERCIAL GENERAL ICLAIMS -MADE X LIABILITY OCCUR Y VUMB0122840 08/10/2016 08/10/2017 EACH OCCURRENCE S 1,000,000 PREEM SES (EaEcTED occurrence) MAGMEDEXP $ 50,000 (Any one person) $ EXCLUDED PERSONALBADVINJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPUES PER: GENERAL AGGREGATE $ 2,000,000 $ 2,000,000 PRODUCTS - COMP/OP AGG $ B AUTOMOBILE X X LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS x x SCHEDULED AU NON-OWNED AUTOS Y 02958119-1 04102l2017 04102/2018 (OMeBWdEDSINGLELIMIT $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ C x UMBRELLAUAB EXCESSSLIAB X — OCCUR CLAIMS -MADE EBU067941279 09120/2016 08/10/2017 EACH OCCURRENCE $ 2,000,000 AGGREGATE $ 2,000,000 DED RETENTION $ $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY O FIPRR/MOPRIE ER/PARTNERE ECUTIVE EM(Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below YN N!A Y SWC1151706 06101/2017 06/01/2018 X r STATUTE ORH- E.LEACHACCIDENT $ 1,000,000 EL DISEASE - EA EMPLOYEE $ 1,000,000 E.L DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS! LOCATIONS VEHICLES (AGGRO 1o1, Add1lonel Remarks Schedule, may be attached tf more space Ts requIrcd) ' RE: Project - Fire Station 33 Squad Faci ity, CIP NO,17-08 The City of National City, its elected officials, officers, agents and employees named additional insured per attached endorsement with regards to general liability and commercial auto insurance. Waiver of Subrogation applies to workers compensation. CERTIFICATE HOLDER CANCELLATION City of National City c/o Risk Manager 1243 National City Boulevard National City, CA 91950 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2014101) The ACORD name and logo are re!'• - •- • • 0 PORATION _.(GWO) reserved. Prin at% T! on June 12, 2017 at 01:27PM WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC040306 (Ed. 01.84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT CALIFORNIA 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. (Thls agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged In the work described in the Schedule. The additional premium for this endorsement shall be 2% of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description Any person or organization as required by written contract. $250.00 This endorsement changes the policy to which it is attached and is effective on the date Issued unless otherwise stated. (The information below is required only when this endorsement Is Issued subsequent to preparation of the policy.) Endorsement Effective 6/1/2017 Policy No. SWC1151706 Endorsement No. 0 Insured Jimenez Inc (Corporation) Premium $ 7044 Insurance Company Security National insurance Company Countersigned by WC 04 03 06 (Ed. 01-84) Policy #: VUMB0122840 COMMERCIAL GENERAL LIABILITY CG 20 33 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section 11 — Who Is An Insured is amended to include as an additional insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured 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. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. 2. "Bodily injury" or "property damage" occurring after: a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than 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 b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 33 07 04 © ISO Properties, inc., 2004 Page 1 of 1 0 Policy #: VUMB0122840 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): As required by written contract executed prior to the date of occurrence but only to the extent permitted by law and the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provided for such additional insured. Location And Description Of Completed Operations Construction project sites at which you performed work for such additional insured. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products - completed operations hazard". CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 ❑ PRLTREJ1lUEs Additional Insured Endorsement Name of Person or Organization THE CITY OF NATIONAL CITY 1243 NATIONAL CITY NATIONAL CITY, CA 91950 The person or organization named above is an insured with respect to such liability coverage as is afforded by the policy but this insurance applies to said insured only as a person liable for the conduct of another insured and then only to the extent of that liability. We also agree with you that insurance provided by this endorsement will be primary for any power unit specifically described on the Declarations Page. Limit of Liability Bodily Injury each person/ Property Damage each accident Combined Liability 1000 each accident All other terms, limits and provisions of this policy remain unchanged. each accident This endorsement applies to Policy Number: 02958119-1 Issued to (Name of Insured): JIMENEZ INC MJC CONSTRUCTION Effective date of endorsement: 04/02/2017 Policy expiration date: 04/02/2018 Form 1198 (01/04) FIRE STATION 33 SQUAD FACILITY, CIP No. 17-08 Bid Sheet (to be entered onto Planetbids) #- . .:IS) lndacates S erciality ..: UNIT O.TY. .. • - ' •UNIT PRICE -= ... : • • EXTENSION 1 Mobilization/ • Demobilization LS 1 500 566 -� 2 Furnish and install (w=5', h=84) ornamental steel gate EA 1 $ 1100 ?o�% `_ 3 Furnish and install (w=25' and h=8') rolling automatic gate EA 1 1 27, 04} p �� 5, 7, 040 - 4 Furnish and install (h=8') ornamental fence LF 415 116 -f g' 1 qo — 5 Install 1 inch copper water service/fire sprinkler service with connection at backflow preventer LF 225 't. 50 °0— 11 2504-- 6 Re -certify backflow preventer at water/fire service connection EA 1 ' 06-0 ea 6050 ro 7 Install 4" SDR35 PVC • sewer lateral with . connection at main LF 120 $ Install sewer clean -out at connection point with trailer, SDRSD 5C-01 Type B EA 1 $ i/ MO // /CV — 9 U Street Surface Improvements Repair, SDRSD G-24Type D, G-2 Curb 13,256 eo 3fzo -- 10 Replace #3 1/2 Pullbox with new #6T pullbox with extension and install splice closure EA 1 ao 17e� d 70 `� 11 Furnish and install #3 1/2 pullbox EA 1 0 5 80 oo ' 5 go -- 12 Install communication 1- 1/2" Sch 40 PVC conduit LF 120 3� co, 3 & O — FIRE STATION 33 SQUAD FACILITY, CIP No. 17-08 Bid Sheet (to be entered onto Planetbids) 13 Install 2" Schedule 80 PVC electrical service conduit LF 80 $. 36651 2180 14 Parking Lot Paving removal and SF 5,500 * [ qo - 41 goo 15 Demolish existing trash enclosures EA 2 ; (6-QQ°? 3a06 16 Construct new trash enclosure EA 1 I, -WOOL e L 7r d d 0-- 17 Remove light pole and base, set #5 pullbox with traffic rated lid and preserve intact electrical system EA 1 (f(ura0 00 IS-06 - ' 18 Restripe parking stalls LS 1 it q50 oo q5G -- 19 Install 25' flag pole with concrete base EA 1 00 - 3 260 — 3j'240— TOTAL BASE BID $ 1 A-7 C/70 FIRE STATION 33 CIP NO. 17-08 Contractor: MJC Construction CHANGE ORDER NO. 1 September 11, 2017 Reason/Purpose for this Change Order: This change order includes several items not included in the original contract: 1) Additional gas connection is required in order for the facility to have access to natural gas 2) Additional spare conduit is required in order for the facility to have a phone connection 3) A generator pad is required to be installed since it was not a part of the additional contract 4) Footing for the shade structure was originally a part of another contractor's scope. However, the scope was transferred and given to MJC to be performed. The City of National City and Contractor agree to the following change to the original Contract: The City and the Contractor agree that the Contractor shall proceed with the installation of 180 LF of gas connection from the existing rec center located adjacent to the site, installation of 180 LF of conduit for the phone lines required to be installed in the trailers, provision and installation of a 36" x 68" generator pad, and provision and installation of the shade structure footing. All the following scope provided above will take place at the new Fire Station 33 Facility located at 2005 E 4th St. The agreed upon price for all costs associated with this work is $ 18,953.50. Original Contract Amount $ 167,970.00 Net change by previously authorized Change Orders Subtotal.. Amount of this change order 167,970.00 18,953.50 New contract amount $ Working days ideh 0 /Working days subtracted: 0 Percent change in Contract to date 11.28% 186,923.50 101/11 3ubmitt' : Project Manager 1/fl1/ .7 Date Approved by: 2 Cit nneer 9/,/ 7 Date City Manager, required for Change Orders>$24,999 Date By signing this Change Order the Contractor confirms that he/she is completely familiar with its terms and conditions and has fairly negotiated its price, terms and conditions. If this Change Order is approved, Contractor will provide all of the equipment, materials and labor necessary to provide a complete work as described above at that the price stated herein. Additionally, Contractor confirms that the price is fair and complete and represents all costs associated with the work, including but not limited to all equipment, materials, labor, supervision, overhead, fees, bonds, insurance, profit, etc. and that there will be no further compensation. All of the terms and conditions of the original contract documents are incorporated herein. Accepted and agrd-opy MJC Construction, Inc.: Name: AotIMNN.t7i Note to Contractor: If you do not agree with this Change Order you may be directed to and you may proceed under protest. You must comply with the contract requirements Originals: City Clerk, Contractor Date 9 . /2 -) proceed with this work under the terms of the contract of submitting a written protest to protect your claim. cc: Engineering project file, Project Manager 1243 National City Boulevard, National City, CA 91950 Telephone (619) 336-4380 CONSTRUCTION LIC# 754128 3015 Sylvia Street Bonita, CA 91902 PH: 619-472-5619 Proposal / Contract Project# 17-041-43 Proposal Date: 8/30/2017 Proposal #: 021057 Bill To: City 0f Ntional City 1243 National City Blvd. National City, Ca. Item Description Qty Rate Total 17-041-43 Fire Station 33 Change Order #1 20. Install gas line...($6,418.50) 21. Spare conduit...($1,800.00) 22. Generator pad...(1,135.00) 23. Shade structure footing...($9,600.00) 18,953.50 18,953.50 Approved By: Total $18,953.50 CALIFORNIA" FIRE STATION 33 CIP NO. 17-08 vo'LO N C�Ir r'Y INCORPORATED CHANGE ORDER NO. 1 DATE: August 30, 2017 WORK PERFORMED BY: M]C Construction DESCRIPTION OF WORK: Various additional scopes of work for the FS 33 Facility ACCOUNTING FOR TIME, MATERIALS, AND EQUIPMENT LUMP SUM COST Unit Qty 1) 2) 3) 4) Install gas line Spare conduit Generator pad Shade structure footing LS LS LS LS 1.00 1.00 1.00 1.00 Rate Total 56,418.50 $6,418.50 51,800.00 $1,135.00 59,600.00 Sub -Total Labor: $1,800.00 $1,135.00 $9,600.00 $18,953.50 TOTAL LABOR: $18,953.50 GRAND TOTAL: $18,953.50 +}- CALIFORNIA .-0- NATIONAL ( RiZtl NCORp »% ? CD FIRE STATION 33 CFP NO. 17-08 Contractor: MJC Construction CHANGE ORDER NO. 2 September 22, 2017 Reason/Purpose for this Change Order: Due to the additional paving and building improvements in the new Fire Station 33 Facility, additional days will be needed to perform and complete this work. The contractor will need a no cost change order adding forty (40) working days to finalize the changes described above. The City of National City and Contractor agree to the following change to the original Contract: The City and the Contractor agree that the Contractor shall proceed with the completion of the paving work and various building improvements. Forty (40) working days shall be added after the original completion date designated by the Notice to Proceed. The new completion date of th �;oject is September 22, 2017. The agreed upon price for al( costs associated with this work is $0.00. 1/5/if /A /if Original Contract Amount . $ 167,970.00 Net change by previously authorized Change Orders Subtotal Amount of this change order 18,953.50 186,923.50 New contract amount . $ 186,923.50 Working days added: 40 Working days subtracted: 0 Percent change in Contract to date 11.28% (Submitted i ' , l Project Manager / Z t Dale j Approved by: Date City Mane er,requlredTorchangeOrders5%24_999 Date By signing this Change Order the Contractor confirms that helshe is completely familiar with its terms and conditions and has fairly negotiated its price, terms and conditions. If this Change Order is approved, Contractor will provide all of the equipment, materials and labor necessary to provide a complete work as described above at that the price stated herein. Additionally, Contractor confirms that the price is fair and complete and represents all costs associated with the work, including but not limited to all equipment, materials, tabor, supervision, overhead. fees, bonds, insurance, profit, etc. and that there will be no further compensation. All of the terms and conditions of the original contract documents are incorporated herein. Accepted and agreed to1JC Construction, Inc.: Name: 5O$ ANtN-IA 3'lkl~N trZ Date j2— j -i 7 Note to Contractor: If you do not agree with this Change Order you may be directed to proceed with this work under the terms of the contract and you may proceed under protest. You must comply with the contract requirements of submitting a written protest to protect your claim. Originals: City Clerk, Contractor cc: Engineering project file. Project Manager 1243 National City Boulevard, National City, CA 91950 Telephone (619) 336-4380