HomeMy WebLinkAboutCC RESO 91-105RESOLUTION NO. 91-105
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
DECLARING NIEMAN CONSTRUCTION COMPANY
TO BE THE LOWEST RESPONSIVE BIDDER
AND AUTHORIZING THE MAYOR TO EXECUTE AN
AGREEMENT WITH NIEMAN CONSTRUCTION COMPANY
FOR THE PARK CREW FACILITIES PROJECT
(C.I.P. Project No. 1518)
WHEREAS, the Building and Safety Department of the
City of National City did in open session, on May 28, 1991,
publicly open, examine and declare all sealed bids for the
park crew facilities project.
NOW, THEREFORE, IT IS HEREBY RESOLVED, that the City
Council of the City of National City hereby awards the
contract for the park crew facilities project to the lowest
responsive bidder, to wit:
NIEMAN CONSTRUCTION COMPANY
BE IT FURTHER RESOLVED by the City Council of the
City of National City, California that the Mayor is hereby
authorized to execute on behalf of the City, a contract
between Nieman Construction Company and the City of National
City for the park crew facilities project in accordance with
the Building and Safety Department Plans and Specifications.
PASSED and ADOPTED this 4th day of June, 1991.
eorge Waters, Mayor
ATTEST:
APPROVED AS TO FORM:
0!46.g.:4
Ge rge Eiser, III
City Attorney
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AGREEMENT
THIS AGREEMENT, dated the 12th day of lone , 1921, in
the County of San Diego, State of California, by and between the
City of National City, California (hereinafter referred to as
"CITY", and Neiman Constructipn Cosgpiny
(hereinafter referred to as "CONTRACTOR").
WI T N E S S E T H:
That the CITY and the CONTRACTOR, for the consideration
stated herein, agree as follows:
1. The complete contract includes all of the Contract
Documents, including the Notice Inviting Sealed Bids, Information
for Bidders, Bid Form, Designation of Subcontractors,
Contractor's Plans, Certificate Regarding Workers' Compensation,
Noncollusion Affidavit, Performance Bond, Payment Bond, Insurance
Certificates, General Conditions, Special Conditions, this
Agreement,
and all modifications and amendments thereto, by this reference
incorporated herein. The Contract Documents are complementary,
and what is called for by any one shall be as binding as if
called for by all.
2. CONTRACTOR shall perform within the time set forth in
Paragraph 4 of this Agreement everything required to be
performed, and shall provide and furnish all the labor,
materials, necessary tools, expendable equipment, and all utility
and transportation services as described in the complete Contract
and required for construction of the project known as:
TENANT IMPROVEMENTS FOR PARK CREW FACILITIES
Specification No. 1516-91
All of said work to be performed and materials to be
furnished shall be completed in a good workmanlike manner in
strict accordance with the plans, general and special conditions
and provisions of the complete Contract as hereinabove defined.
The CONTRACTOR shall be liable to the CITY for any damages
arising as a result of a failure to fully comply with this
obligation.
Agreement - Page 1
3. CITY shall pay to the CONTRACTOR, as full consideration
for the faithful performance of the Contract, subject to any
additions or deductions as provided in the Contract Documents,
the sum of Twenty -Two Thousand Six Hundred Thirty - - - - - - - - - - - - - -
Dollars ($12. .Q 00 ), said sum being the total amount of
the following amounts stipulated in the proposal:
II Alternate
Bid $22+1
Alternate No. ______NN__�
(all Alternates selected shall be listed) ---'
4. The work shall be commenced on or before the date
stated in the
CITY'S Notice
to
Proceed and shall
be completed
within thirty(30)consecutivecalendardays fromand after the
date stated in the Notice to Proceed. Said Notice shall be
issued within ten (10)
calendar days
after
award
Contract, and shall requirethat Workbecommenced on or before
ten (10) calendar days from the date of issuance of said Notice.
5. Time is of the essence. If the work is not completed
in accordance with paragraph 4 above, it is understood that the
CITY will suffer damage. It being impractical and infeasible to
determine the amount of actual damage, in accordance with
Government Code Section 53069.85 it is agreed that CONTRACTOR
shall pay to CITY as fixed and liquidated damages, and not as a
penalty, the sum(s) as stated in .paragraph 22 of Information for
Bidder's for each calendar day of delay until Work is completed
and accepted. This amount shall be deducted from any payments
due to or to become due to CONTRACTOR. CONTRACTOR and
e CONTRACTOR'S Surety shall be liable for the amount thereof. Time
extensions may be granted by the CITY as provided in Article 62
of the General Conditions.
6. CONTRACTOR agrees to and does hereby indemnity and hold
harmless the CITY, their officials, agents and employees/
volunteers from all damages, costs or expenses in law or equity
that may at any time arise or be set up because of damages to
property, or of personal injury received by reason of or in the
course of performing work, which may be caused by any willful or
negligent act or omission by the Contractor or any person, firm
or corporation employed by the Contractor upon or in connection
with the Work called for in this Contract. The CITY, their
officials, agents and employees/volunteers will not;be liable for
any accident, loss or damage to the Work prior to its completion
and acceptance.
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Agreement - Page 2
7. If either party hereto becomes involved in litigation
arising out of this Contract or the performance thereof. the
court in such litigation, or in a separate suit. shall award
reasonable costs and expenses, including attorneys fees, to the
party -justly entitled thereto. In awarding attorney fees, the
court will not be bound by any court fee schedule, but shall, if
it is in the interest of justice to do so, award the full amount
of costs, expenses, and attorney fees paid or incurred in good
faith.
8. CONTRACTOR shall take out, prior to coamencing the
work, and maintain, during the life of this contract, and shall
require all subcontractors, whether primary or secondary. to take
out and maintain insurance coverage as required in Articles No.
16 through 19 of the General Conditions and as follows:
General Liability Insurance for
injuries including accidental death.
to any one person in an amount not
less than:
$L4.000000.00
Insurance Coverings Special Hazards: Following special
hazards shall be covered by rider or riders to above -
mentioned general liability and property damage insurance
policy or policies of insurance, or by special policies of
insurance in amounts as follows:
Vehicles and/or material hoist
(non -owned as well as owned)
where used or operated:
:14,0004.000 00
9. Required number of executed copies of the Agreement,
the Contractor's Certificate. the Performance Bond, and the
Payment Bond and Insurance Certificates is six (6).
10. Pursuant to Section 22300 of the Public Contract
Code, this Contract permits the substitution of securities
for any monies withheld by a public agency to ensure
perforaance under this Contract. At the request and
expense of the CONTRACTOR, securities equivalent to the amount
Agreement - Page 3
withheld shalt be deposited with the public agency, or with a State or
Federally chartered bank as the escrow agent, who shall then pay such
monies to the CONTRACTOR upon satisfactory completion of the Contract,
the securities shall be returned to the CONTRACTOR
Securities eligible for investment under this section shall include those
listed in Section 16430 or bank or savings and loan certificates of deposit.
The CONTRACTOR shall be the beneficial owner of any securities
substituted for monies withheld and shall receive any interest thereon.
11. it CONTRACTOR is a corporation, the undersigned hereby repre-
sents and warrants that the corporation is duly incorporated and in good
standing in the State of California sertelthat Art Neiman
whose title is President is authorized to act for
and bind the corporation.
12. Each and every provision of law and clause required by law to be
inserted in this Contract shali be deemed to be inserted herein and the
Contract shall be read and enforced as though it were included herein, and
if through mistake or otherwise any such provision is not Inserted, or is
not currently inserted, then upon application of either party the Contract
shall forthwith be physically amended to make such revision.
13. The complete Contract as set forth in paragraph 1 of this Agree-
ment constitutes the entire Agreement of the parties. No other agree-
ments, oral or written, pertaining to the work to be performed under this
Contract, exists between the parties. This Contract can be modified only
by an agreement in writing, signed by both parties and pursuant to action
of the City Council.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed.
' LIZ CONTRACTOR
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MAYOR CI Y OF NATIONAL (-ITV ►..I�1.7-w4Zo..1
12 4 3 NflIQ PL CITY Heil. N✓ 91950 •
(Signature of CITY) (Signature of CONTRACTOR)
(Corporate Seal Contractor's License No. 575732
of CONTRACTOR
it corporation) Contractor's Business License No.
Agreement - Page 4
•
, Class
BOND NUMBER: SUR 15 01 56
PREMIUM: $566.00
FAITHFUL PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
•
THAT WHEREAS, the City Council of National City, California (hereinafter
referred to as 'CITY'), by Resolution No. _ , awarded to ____
NIEMAN CONSTRUCTION COMPANY
(hereinafter referred to as the 'Principal'), the Contract for the work
described as follows: TENANT IMPROVEMENTS FOR PARK CREW FACILITIES
SPECIFICATION NO. 1518-91
AND WHEREAS, said Principal is required under the terms of said Contract
to furnish a bond for the faithful performance of said Contract.
NOW, THEREFORE, we the undersigned Princf al and tyjheld and
firmly bound to the CiTY, in the sum of Aft - SIX Dollars
($ 22. 630. 00 ) (this amount being not less than one hundred percent
[ 100 RC of the total bid price of the Contract awarded by the CITY to the
Principal), lawful money of the United States of America, for 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 1S SUCH THAT, if the hereby bonded
Principal, its heirs, executors, administrators, successors, or assigns,
shall in ali things stand to and abide by and well and truly keep and
perform all the undertakings, terms, covenants, conditions, and
agreements in the said Contract and any alteration thereof, made as
therein provided, including, but not limited to, the provisions regarding
Contract duration and liquidated damages, all within the time and in the
manner therein designated in all respects according to their true Intent
and meaning, then this obligation shall become null and void; otherwise it
shall be in full force and effect.
As a condition precedent to the satisfactory completion of the Contract,
the above obligation shall hold good for a period of one (I) year after the
acceptance of the Wort by the CITY, during which time if Principal shall
fail to make full, complete, and satisfactory repair and replacements and
totally protect the CITY from loss or damage made evident during the
period of one (1) year from the date of acceptance of the Work, and
resulting from or caused by defective materials or faulty workmanship,
the above obligation In penal sum thereof shall remain in full force and
effect. However, nothing in this paragraph to the contrary notwith-
standing, the obligation of Surety hereunder shall continue so long as any
obligation of Principal remains.
Faithful Performance Bond - Page 1
Whenever Principal shall be, and is declared by the CITY to be, in default
under the Contract, and the CITY having performed the CITY's obligations
thereunder, Surety shall promptly either remedy the default, or shall:
1. Complete the Contract in accordance with its terms and conditions; or
2. Obtain a bid or bids for completing the Contract in accordance with
Its terms and conditions, and upon determination by Surety of the
lowest responsible bidder, arrange for a Contract between such bidder
and the CITY, and make available as Work progresses (even though
there should be a default or successions of defaults under the
Contract or Contracts of completion arranged under this paragraph)
sufficient funds to pay the cost of completion less the balance of the
Contract price, but not exceeding, including other costs and damages
for which Surety may be liable hereunder, the amount set forth in the
first executory paragraph hereof. The term 'balance of the Contract
price' as used in this paragraph shall mean the total amount payable
to the Principal by the CITY under the Contract and ant modification
thereto, less the amount previously and properly paid by the CITY to
the Principal.
Surety expressly agrees that the CITY may reject any Contractor or
subcontractor which may be proposed by Surety in fulfillment of its
obligations in the event of default by the Principal.
Surety shall not utilize Principal in completing the Contract nor shall
Surety accept a bid from Principal for completion of the Work if the CITY,
when declaring the Principal in default, notifies Surety of the CITY's ob-
jection to Principal's further participation in the completion of the Work.
No right of action shall accrue on this bond to or for the use of any person
or corporation other than the CITY named herein or the successors or
assigns of the CITY. Any suit under this bond must be instituted before the
expiration of two (2) years from the date on which final payment under the
Contract falls due or is made.
FURTHER, the said Surety, for value received, hereby stipulates and agrees
that no change, extension of time, alteration or modification of the
Contract Documents, or of the Work to be performed thereunder shall In
any way affect its obligations on this bond; and it does hereby waive
notice of any change, extension of time, alteration or modification of the
Contract Documents or of Work to be performed thereunder.
Faithful Performance Bond - Page 2
IN WITNESS WHEREOF, two (2) 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 named therein, on the 10 H
day of JUNE ,I9_ the name and corporate seal of each
corporate party being hereto affixed and these presents duly signed by its
undersigned representative pursuant to authority of its governing body.
(SEAL AND NOTARIAL
ACKNOWLEDGEMENT OF
PRINCIPAL AND SURETY)
ROBERT
NIEMAN CONSTRUCTION COMPANY
Principal
By
ART NIEMAN, PRESIDENT(Name and Title)
9380 BOND AVE., EL CAJON, CA 92021
(Address)
GOLDEN EAGLE INSURANCE COMPANY
Suret
71 0 RD., SAN
IER, At
GO,
CA 92119
ress of Surety)
ney-in-Fact
(Attach Attorney -in -Fact Certificate and Required Acknowledgments)
ROTE: Date of bond must not be prior to date of Contract. Bonds shall be
released one year after completion and acceptance of the Work and
upon written request from the Contractor.
Faithful Performance Bond - Page 3
BOND NUMBER: SUR 15 01 56
PREMIUM: INCLUDED
PAYMENT BOND
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the City Council of National City, California (hereinafter
referred to as 'CITY'), by Resolution No. , passed
has awarded to NIEMAN CONSTRUCTION COMPANY
(hereinafter referred to as the 'Principal'), the Contract for the work
described as follows: TENANT IMPROVEMENTS FOR PARK CREW FACILITIES
SPECIFICATION NO.1518-91
AND WHEREAS, said Principal is required by Division 3, Part IV, Title XV,
Chapter 7 (commencing at Section 3247) of the California Civil Code to
furnish a bond in connection with said Contract.
NOW, THEREFORE, we the undersigned Principal and GOLDEN EAGLE INSURANCE
COMPANY , as Surety, are held and firmly
bound unto the CITY in the penal sum of TWENTY-TWO THOUSAND, SIX HUNDRED
THIRTY AND NO/ 100' S Dollars (S 22, 620. 00 ),lawful
money of the United States of America, for the payment of which sum well
and truly to be made, we bind ourselves, our heirs, executors,
administrators, successors and assigns, jointly and severally, firmly by
these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, 1f said Principal, its
heirs, executors, administrators, successors, or assigns, or a
subcontractor shall fail to pay any person or persons named in Civil Code
Section 3181 or fail to pay for any materials, provisions, or other
supplies, used in, upon, for, or about the performance of the Work
Contracted to be done, or for any work or labor thereon of any kind, or for
amounts due under the Unemployment Insurance Code, with respect to work
or labor thereon of any kind, or shall fail to deduct, withhold, and pay over
to the Employment Development Department, any amounts required to be
deducted, withheld, and paid over by Section 13020 of the Unemployment
insurance Code with respect to work and labor thereon of any kind, then
said Surety will pay for the same, in or to en amount not exceeding the
amount hereinabove set forth, and also will pay in case suit is brought
upon this bond, such reasonable attorneys fees as shall be fixed by the
court, awarded and taxed as provided in Division 3, Part IV, Title XV,
Chapter 7 (commencing at Section 3247) of the California CM) Code.
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
person or their assigns in any suit brought upon this bond.
Payment Bond • Page 1
It is further stipulated and agreed that the Surety of this bond shall not be
exonerated or released from the obligation of the 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, nor by any change or modification of any terms of payment or
extension of 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 CITY and original Contractor or on the part of any obligee
named in such bond, but the sole conditions of recovery shall be that
claimant is a person described in Section 3110 and 3112 of the California
Civil Code, and has not been paid the full amount of its claim and that
Surety does hereby waive notice of any such change, extension of time,
addition, alteration or modification herein mentioned.
Any claims under this bond may be addressed to :
GOLDEN EAGLE INSURANCE COMPANY
7175 NAVAJO RD., SAN DIEGO, CA 92119
BIFF BARRETT BONDING
P.O. BOX 601160, SAN DIEGO, CA 92160 if different from above)
SURETY - (619) 463-5800
AGENT - (619) 299-1400
(Name & address of Surety)
(Name & address of agent or
representative in California,
(Telephone number of Surety,
or agent or representative in
California
Payment Bond - Page 2
IN WITNESS WHEREOF, we have hereto set our hands and seals on this 10TH
day of JUNE ,1 CJ.21—
(Corporate Seal of
Principal, if Corporation) Principal (Proper name of Corporation)
By
ART NIEMAN (Signature of Contractor)
PRESIDENT
NIEMAN CONSTRUCTION COMPANY
(Seal of Surety)
(Title)
GOLDEN EAGLE INSURANCE COMPANY
Surety
717 ' VAJ. RD., SAN DI A 92119
of Surety)
ROB RTA BROXMEI:', Attorney -in -Fact
(Attach Attorney -in -Fact Certificate and Required Acknowledgments)
Payment Bond - Page 3
ACKNOWLEDGEMENT OF SURETY
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
ON THIS loth DAY OF June 1991 BEFORE ME PERSONALLY
APPEARED Roberta Broxmeier , KNOWN TO ME TO BE (OR PROVED TO ME
ON THE BASIS OF SATISFACTORY EVIDENCE) THE ATTORNEY -IN -FACT OF GOLDEN EAGLE
INSURANCE COMPANY, AND ACKNOWLEDGED TO ME THAT HE/SHE EXECUTED THE WITHIN
INSTRUMENT.
IN WITNESS WHEREOF, I HERETO SET MY HAND AND OFFICIAL SEAL ON THE DAY AND YEAR
IN THIS CERTIFICATE FIRST WRITTEN ABOVE.
GE SUR 038 (10-90)
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GOIffiRT EAGLE IINSBANCE 031PANY
EEdI ainvE OIPFICES
Son Diego. California
MIER OF ATERbEY
MOW ALL N N BY THESE FRESENTS, That the Golden Eagle Insurance Company, a Corporation 'duly organized and
existing under the laws of the State of California, having its principal office in the City of San Dieem,
California does hereby nominate, constitute and appoint:
—> ROEERTA BRO EIER of San Diego, California <—
its true and lawful agent and attorney -in -fact, to make, mate, seal and deliver for and on its behalf as
surety, binds, consents of surety, and undertakings in suretyship provided, however, that the penal sum of any one
such instnnent executed hereunder shall not exceed the sum of any and all bonds and uniertakings, provided the
amount of no one bond or undertaking exceeds five million dollars ($5,000,000).
This pr of attorney is granted ani is signed and sealed by facsimile under and by the authority of the
following Resolution adopted by the Board of Directors of the Golden Eagle Insurame Coapay at a meeting duly
called and held on April 10, 1984 Munich said Resolution has not been amended or rescinded and of winch the
following is a true, full and complete copy.
"RESCUED: That the President or Secretary may from time to time appoint Attorneys -In -Fact to represent
and act for and on behalf of the Company, and either the President or Secretary, the Board of Directors
or Executive Committee may at any time remote such Attorneys -In -Fact and remake the Power of Attorney
given him or her; and be it further
"RESOLVED: That the Attorneys -In -Fact may be given full power to execute for and in the name of and on
behalf of the coapary any and all bards and undertakings as the business of the Coapemy may require, ani
any such bonds or undertaking executed by any such Attorney -In -Fact shall be binding upon the Company
as if signed by the President and sealed and attested by the Secretary."
N WITNESS WHEREOF, the said Golden Eagle Insurance Cospapr has caused these presents to be executed by its
officer, with its corporate seal affixed.
STATE OP CALIFORNIA
OXIITY OF SAN DIEGO
SS:
orvicuu BwL
NOTSARY PUBLIC GuruAMA
SAN DIEGO COUNTY
NY COMM. EXP. OCT. 1,1990
I the undecsi ed, Larry G. den Eagle Insurance Company, do hereby certify that the
original K CF A1TORNEy, of ninth the foregoing is a full, true and correct copy, is in full force aid effect,
and has not been revoked.
IN WITS WHEREOF, I have hereunto subscribed my name as Secretary, and a, luce� Corporate Seal of the
"I
,.orporation, this 10TH day of JUNE , 19 91 .
this April 4, 1989
GOWEN EKIiE
BY:
14i • = 1 E. Jam -- , President
On this 4th day of April, 1989 before the subscriber, a Nbtary blic of the State o California, in and for the
Canty of San Diego, duly commissioned and qualified, came Michael E. James, i. t, of GOLDEN EAGLE DSLRNCE
O'ANY to me personally known to be the individual aid officer described and who executed the preceding
instrusent and he adauowledged the execution of the same, and being deposeth and smith that he
1s the said officer of the Coapan y aforesaid, and that the seal by
me
othe preceding instrument is the
Corporate Seal of the said Company, and that the said Corporate Seal and his signature as such officer were duly
affixed and subscribed to the said instrument by the authority and direction of the said Corporation.
IN WITNESS IIEEREDF, I have hereunto set my hard and affixed my Official Seal, at the City of San Diego, the day
and year first above written.
STATE OF CALINDRNIA
COMFY OF SAN DIEM)
) 1 /»,'x�G... kA iJ/L .
LARRY G. MAEEE
Notary Public
Secretary