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HomeMy WebLinkAbout2004 CON Randall Construction - City Hall Remodel6G NAL CONTRACT NATIONAL CITY — CITY HALL REMODEL THIS CONTRACT, made and entered into this November 17, 2004 by and between the City of National City, California, herein after designated as the "City", and Randall Construction, 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 — City Hall Remodel 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 sum of One Hundred Fourteen Thousand Two Hundred Fifty Four Dollars. ($114,254.00). 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, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained. t CONTRACT (CONTINUED) NATIONAL CITY — CITY HALL REMODEL 4. The Notice Inviting Bids, Instructions To Bidders, Bid Forms, Agreement and Bond Forms, Construction Administration Forms, Completion of the Project Forms, General Requirements and General Conditions, Drawings and Specifications, Addenda, Allowances, and all amendments thereof, are hereby incorporated in and made part of this Contract. 5. The City, the City's representative, the Construction Manager, the Architect, the Consultants and authorized volunteers shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work, of for injury or damage to any person or persons, either workers, employees of Contractor or its subcontractors or the public, or for damage to adjoining or other property, from any cause whatsoever arising out of or in connection with the performance of the work. The Contractor shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever arising out of or in connection with the performance of the work, provided, however, that the Contractor shall not be liable for the sole established negligence, willful misconduct or active negligence of the City, its representatives, employees, agents and authorized volunteers who are directly responsible to the City. a. Contractor shall indemnify the City, City Council, City officials, City employees, City representatives, and authorized volunteers against and will hold and save them and each of them harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm entity, corporation, political subdivision or other organization arising out of or in connection with the work, operation or activities of Contractor, its agents, employees, subcontractors or invitees, provided for herein, whether or not there is concurrent passive or active negligence on the part of the City, City Council, City officials, City employees, City representatives, and authorized volunteers, but excluding such actions, claims, damages to persons or property penalties, obligations or liabilities arising from the sole established negligence, willful misconduct or active negligence of the City, City Council, City officials, City employees, City representatives, authorized volunteers, or those who are directly responsible to them; and in connection therewith: 1) Contractor will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorney's fees incurred in connection therewith. 2) Contractor will promptly pay any judgment rendered against Contractor, the City, City Council, City officials, City employees, City representatives, and authorized volunteers covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations, or activities of Contractor hereunder and Contractor agrees to save and hold the City, City Council, City officials, City employees, City representatives, and authorized volunteers harmless there from. 2 CONTRACT (CONTINUED) NATIONAL CITY — CITY HALL REMODEL 3) In the event the City, City Council, City officials, City employees, City representatives, and authorized volunteers are made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the Work, or operation or activities of Contractor hereunder, Contractor agrees to pay to the City, City Council, City officials, City employees, City representatives, and authorized volunteers any and all costs and expenses incurred by the City, City Council, City officials, City employees, City representatives, and authorized volunteers in such action or proceeding together with reasonable attorney's fees. 4) The City may retain, to the extent it deems necessary, the money due to the Contractor under and by virtue of the Contract Documents until disposition has been made of such actions or claims for damages as specified herein above. 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 judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. 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. 3 CONTRACT (CONTINUED) NATIONAL CITY — CITY HALL REMODEL 8. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys fees. 9. Each and every provision of law and clause required to be inserted in this Contract shall be deemed to be inserted herein and this 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 inserted correctly, then upon application of either party the Contract shall forthwith by physically amended to make such insertion or correction. 10. In accordance with Government Code, Section 8546.7, records of both the City and the Contractor shall be subject to examination and audit for a period of three (3) years after final payment. 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: Sole Proprietor CITY: By: Title: 6 iqn vc_ Federal ID. No. CY" _ 07 e 8 7 By: Title: Mayor, City`af,P4 tjZnal City ATTEST: By: Title: Ci y Clerk, ity National City 4 PERFORMANCE BOND BOND #104388017 NATIONAL CTTYCITY HALL REMODEL PROJECT PREMIUM $1, 828.00 KNOW ALL. MEN BY THESE PRESENTS: That WHEREAS, the City Council of the City of National City, by Resolution No, passed the November 16 , 200 4 has awarded to Randall Construction hereinafter designated as the "Principal", the National City City Hall Remodel Project, . WHEREAS, said Principal is required under the terms of said contract w furnish a bond for the faithful performance of said contract. NOW, THEREFORE, we, the Principal and Travelers Casualty and Surety Company of America as surety, are held and firmly bound unto the City Council of the City of National City, hereinafter called the "Council", in the penal sum of One Hundred Fourteen Thousand Two Hundred Fifty Four and no/100 ($114,254) 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 there under 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. 30 PERFORMANCE BOND (CONTINUO:) NATIONAL CITY CITY HALL REMODEL PROJECT In the event suit is brought upon this bond by the City of National City and judgment is recovered, the surety shall pay all costs incuzxed by the Council in such, suit, including a reasonable attorney's fee to be fixed by the Court. IN WITNESS WHEREOF three identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, an the 23rd day of November Travelers Casualty and Surety Company of America (SEAL) Randall Construction (SAL) BY: 7,Sider ‘°'"'/L (SEAL) BY: (SEAL) Scott T. Ries (SEAL) 0L� I-i✓L (SEAL) Attorney in Fact Surety APPROVED AS TO FORM George H. -thser, III City Attorney 31 6-arz-� Principal Zoo 4. PERFORMANCE BOND (CONTINUED) NATIONAL CITY CITY HALL REMODEL PROJECT ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF COUNTY OF ss On this day of , 200 , 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 NOTE: The Attorney -in -fact must attach a Surety must be properly certified copy of the Power of acknowledged. 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 32 • TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Scott T. Ries, Sharon Elizabeth Ries, of Escondido, California, their true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorney(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VO1hD: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vicc President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VO1ID: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which Resolution is now in full force and effect: VOIED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. (11-00 Standard) IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be signed by their Senior Vice President and their corporate seals to be hereto affixed this l lth day of March 2003. STATE OF CONNECTICUT }SS. Hartford COUNTY OF HAR 111 ORD hMfnWVWHpAiy itARTEctfn`C�i WW ff T www"tea TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY By George W. Thompson Senior Vice President On this 1 lth day of March, 2003 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by authority of his/her office under the Standing Resolutions thereof. My commission expires June 30, 2006 Notary Public Marie C. Tetreault CERTIFICA 1'l~, I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority, are now in force. Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this 23rd day of November , 20 04 cy\WSJNash FT `� iFARTFORD con OM? of fS By s/-5:0-1,t /1/LV.-0--------- Kori M. Johanson Assistant Secretary, Bond CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT s x State of California San Diego County of S.S. November 23, 2004 before me, Alma Bazan Stauffer , NotaryPublic Date personally appeared Scott T. Ries ALP WAN SPAUFk = . Commission# 1370847 Notary Public -California San Diego County MyCt am,. Exp.rasAug18,200Ecr Name and Tare of Officer (e-g., "dare Doe, Notary Public") Name(s) of Siecer(s) :,?`personally known to me proved to me on the basis of satisfactory evidence to be the person(.) whose name* is/ate subscribed to the within instrument and acknowledged to me that he/a4o/tk executed the same in his/k1er!tdheir authorized capacity(ies), and that by his/er/ter signature(s) on the instrument the personO, or the entity upon behalf of which the person(&) acted, executed the instrument. IITvESS mta h.nd and official se OPTIONAL &lure of Not ry Pubyc Though the information below is not required by law, it may prove valuable to persons relying on the document an fraudulent removal and mafiactment of this form to another 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 Signer's Name: • Individual • Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ( Attorney -in -Fact ❑ Trustee J Guardian or Conservator • Other: Signer Is Representing: Surety Company could pave.--nt RIGHTTHUMBPRINT ;OFSIGNER Top of thumb here © 1999 National Notary Association • 9050 De Soto Ave., P.O. Box 2402 • Cnatsworth, CA 91313-2402 • www.nationalnotary.ory Prod. No, 5907 Reorder: Call Toll -Free 1-800-876-6927 STPAt1L glitfr TRAVELERS IMPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE On Nov. 26, 2002, President Bush signed into law the Terrorism Risk Insurance Act of 2002 (the "Act"). The Act establishes a short-term program under which the federal government will share in the payment of covered losses caused by certain acts of international terrorism. We are providing you with this notice to inform you of the key features of the Act, and to let you know what effect, if any, the Act will have on your premium. Under the Act, insurers are required to provide coverage for certain losses caused by international acts of terrorism as defined in the Act. The Act further provides that the federal government will pay a share of such losses. Specifically, the federal government will pay 90 percent of the amount of covered losses caused by certain acts of terrorism, which is in excess of an insurer's statutorily established deductible for that year. The Act also caps the amount of terrorism -related losses for which the federal government or an insurer can be responsible at $100 billion, provided that the insurer has met its deductible. Please note that passage of the Act does not result in any change in coverage under the attached policy or bond (or the policy or bond being quoted). Please also note that no separate additional premium charge has been made for the terrorism coverage required by the Act. The premium charge that is allocable to such coverage is inseparable from and imbedded in your overall premium, and is no more than one percent of your premium. ILT-1018 (9f04) PAYMENT BOND NATIONAL CITY CITY HALL. REMODEL PROJECT PREMIUM $1, 828. 00 KNOW ALL MEN BY THESE PRESENTS: That BOND #104388017 WHEREAS, the City Council of the City of National City, by Resolution No. passed the November 16 , 200 4 has awarded to Randall Construction hereinafter designated as the "Principal", the National City City Hall Remodel Project, . 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 ':he California Civil Code to furnish a bond in connection with said contract; Travelers NOW, SORE, we, the Principal and Casualty and Surety Company of America as surety, are held and firraly bound unto the City Council of the City of National City, hereinafter called the "Council", in the penal sum of One Hundred fourteen Thousand Two Hundred Fifty Four* 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. TEE CONDITION OF THIS OBLIGATION IS SUCH that if said 'Principal, his/her or its subcontractors, heirs, executors, administrators, surr.Pssors, 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. * and no/100 ($114,254.00) 33 PAYMENT BOND (CONTINUED) NATIONAL CITY CITY HALL REMODEL PROJECT 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 seking 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 circumstan= 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 anginal 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 23rd day of November , 2004 Travelers Casualty and Surety Company o America (SEAL) Randall C .struct EAL) BY: ce & i (SEAL) Scott T. Ries (SEAL) Attorney in Fact Surety APPROVED AS TO FORM George H. Eiser,111 City Attorney 34 (SEAL) A, i-16Z (SEAL) 6 ✓i 27 ✓LI/4 00 ,c_ Principal PAYMENT BOND (CONTINUED) NATIONAL CITY CITY HALL REMODEL PROJECT ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE Of COUNTY OF ) ) ss On this day of , 200 , 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 :hall 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, n City Attorney 35 TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY TH 11.SE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Scott T. Ries, Sharon Elizabeth Ries, of Escondido, California, their true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorney(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which Resolution is now in full force and effect: VO1hD: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. (11-00 Standard) IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be signed by their Senior Vice President and their corporate seals to be hereto affixed this 11th day of March 2003. STATE OF CONNECTICUT }SS. Hartford COUNTY OF HARTFORD f HARTFCRD C{?NM. TRAVELERS CASUALTY AND SURETY COMPANY OP AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY By George W. Thompson Senior Vice President On this 1lth day of March, 2003 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by authority of his/her office under the Standing Resolutions thereof. o.ALA. e 3aTnatu,Adi" My commission expires June 30, 2006 Notary Public Marie C. Tetreault CERTIFICA 1 h I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority, are now in force. Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this November ,20 04 By Kori M. Johanson Assistant Secretary, Bond Vu- 23rd day of CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT yg State of California S } ss San Diego County of On November 23, 2004 before me, Alma Rzan Stauffer, Notary Public Date personally appeared Scott T. Ries Name and Tide of Officer (e.g., "Jane Doe, Notary Publia9 ALMA rictv Commission 013708,47 Notary Public - Cakfomia San Diego County ErVrasAug18,200E - Name(s) of Signer(s) °+personally known to me • proved to me on the basis of satisfactory evidence to be the person() whose name(.) is/a e subscribed to the within instrument and acknowledged to me that he/s4e/t#ey executed the same in his/krertHaeir authorized capacity(ieg), and that by iris/er/t+r signature(s) on the instrument the person(.), or the entity upon behalf of which the person(&? acted, executed the instrument. OPTIONAL NESS my h-nd and official se Signature et N Though the information below is not required by law, it may prove valuable to persons relying on the document an fraudulent romoval 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: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): u Partner — ❑ Limited 0 General X; Attorney -in -Fact O Trustee E Guardian or Conservator ❑ Other: could prevent Number of Pages: 0101-9 Top of thumb here Signer Is Representing: Surety Company .�"�u✓v��':.r.�.�,,, ti'Z- "<%"�4 ..-�'.:r . �,:w'�'-<'�C�-.,.._,.� 'v `t. tii^ `G d s� o r ti tti -8876 27 1..9.. National Notary Association • .,360 De Soto Ave., P.O. Box 2402 •Chatsworth, CA 91313 2402 • v✓ww,naLonalno[ary org Prot. No. 5907 Rector: Call Toll Free 1-800-876-682] A STPAUL TRAVELERS IMPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE On Nov. 26, 2002, President Bush signed into law the Terrorism Risk Insurance Act of 2002 (the "Act"). The Act establishes a short-term program under which the federal government will share in the payment of covered losses caused by certain acts of international terrorism. We are providing you with this notice to inform you of the key features of the Act, and to let you know what effect, if any, the Act will have on your premium. Under the Act, insurers are required to provide coverage for certain losses caused by international acts of terrorism as defined in the Act. The Act further provides that the federal government will pay a share of such losses. Specifically, the federal government will pay 90 percent of the amount of covered losses caused by certain acts of terrorism, which is in excess of an insurer's statutorily established deductible for that year. The Act also caps the amount of terrorism -related losses for which the federal government or an insurer can be responsible at $100 billion, provided that the insurer has met its deductible. Please note that passage of the Act does not result in any change in coverage under the attached policy or bond (or the policy or bond being quoted). Please also note that no separate additional premium charge has been made for the terrorism coverage required by the Act. The premium charge that is allocable to such coverage is inseparable from and imbedded in your overall premium, and is no more than one percent of your premium. ILT-10I8 (9/04) „V�.VV.LVV-T iV'V�11, AGORA, CERTIFICATE OF LIABILITY INSURANCtargityco anucER Schell & Eggert Insurance-Cws License #010778 7901 Raytheon Road San Diego CA 92111-1606 Phone:850-541-7177 9ax;858-541-7021 DATE IMMIDD/YY) 11/23/04 THIS CERTIFICATE 19 I U D AS A MATTER OF IN ORMATION oNI.Y AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY 711E POLICIES BELOW. INSURERS AFFORDING COVERAGE 365adallgonsRuadt3 66 LSuaDiegoCA RffiiiLnC921Suite D 23 COVERAGES INSURENN Mt. Hawley Iasaranoa Company INSURERS, TOPA Insurance ComPanl+. INeuRetc: Clarendon National Ins Co. INSURER Dt INSURER k THE ANY MAY POLICIES. POLICES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICYPERIOD INOFOATED. NOT/YITN*TAl11DIN0 REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOcu ENT WITH RESPECT TO WHION THM CEFRIFICATE MAY EG ISSUED Oq PERTAIN, THE INSURANCE AFPORCED BY THE POL CEES DESCRIBED HBREN IS Bu mn-TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH AGO eamt LIME$ ENOVIM MAY HAVE ?GEN REDUCED ey PND CLAMS, kl, TYPE OF INSURANCE POUCYNUNEER ,_ i11J ,. liedl iit]•1Ai LIHIT6 A GENERAL X LIABILITY OCMMEROULGwERI�ALLIASILTY MGL0141006 08/15/04 08/15/05 EACH OCCURRENCE S ,000000 FIwommot(Anyes9r0 $ 50000 1 CMG MADE UjOCCUR MAD EXP (A•y arm person) S 5 000 GENL PERSONAL ADV INJURY $ 1000000 QENERALAGOREGATE $ 2000000 AGGREGATE USAir APPLIES Pen: POOCY il 22-i 122 PRODUCTS•COMPIOPACC $ 100000 0 C AUTU$OEILB X LIABILITY mwmxt ALL OWNED AUTMEs SCHEDULED AUTOS NIREC AUTQI NON -OWNED AUTOS PA1010241293 07/06/04 07/06/05 COMeiNED SINGLE UMIT R006°tl°i1) 61000000 80D0.YINJURY (Par momoa) $ IliIiodId t)� PROPGRTYDAMAGE (Par ac deri) $ QARAOE LIA&.ITY AUTO ONLY .RA ACCIDENT $ OTHER THAN EA'C AUTO ONLY: AGO $ B oWEImumMXIT X OCCUR ET CLAW MADE DEDUCTIBLE RETENTION $ - M17268-01 08/15/04 08/15/05 EACH OCCURRENCE $ 200000e AGGREGATE $2000000 $ $ women ommumwri0NAN0 EMPLOYERS' mummyY ISIn *Wks IV LIMr[ I ER EL EACH ACCIDENT $ G. DISEASE -EA EMPLOYEE $ E.L DISEASE.POLICYLIMR $ OTHER DESORIPTIO' - TOF LCCATON-' Job: National City -City additional insured per applies par attached. Waiver Waiver of subrogation applies (AI PM' X WELL & AV) *(10 CERTIFICATTIE MAI nca 1 v .....-...,., ' 6ESIExOLUeONE ADDEO BY ENDORSEMENT/SPECIAL FE5DraiiNs hall Remodel Project. Certificate holder is named as company endorement CGL 216 (4/98) Primary wording of subrogation applies to GL per CM2404 10/93. to the auto policy per company endorsement. day notice for nonpayment of premium* .....,.--".-'--. - -_____ _-_-- 7 CYT7 NAT `City of National City officials employees, agentD representatives 1243 National City Blvd. National City CA 91950 ACORD 2643 (7/91) ENDUED ANY OF THE ABOVE DEBOREiBD Fe.IeIEs BE CANCELLED BEPORE THE EXPIRATION DATE THEREOF, TIC 'swims mama a uttill11111111111.1.7lAIL ,30 . DAYa mina NOTICE TO THE CERTIFICATE HOLDER NAMED To THE LBFT r A �flEF TAT1U' Crp,ig W. Schell, prim. qIDAOIe° CORPORATION,1$99 I IV V . JKJ. G'Jr_ 1C' J°ir i"I J. ncj_I_ & LLYaLfC i Policy Na. MGL0141006 I lv. 1 aL •!� Mt Hawley Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL, INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM C) This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PAINT SCHEDULE Name of Person or Organization: All parsons or organizations where required by written contract. (If no entry appears above, Information required to complete this Endorsement will be shown in the Declarations es applicable to this endorsement.) WHO IS AN INSURED (Section II) Is amended to include as en Insured the person or organization shown In the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. To the extent required under contract, this policy will apply es primary insurance to additional inaureda scheduled above and other Insurance which may be available to such additional Insureds will be non-contributory. Section IV:, Condition 4., of this policy Is amended accordingly. AU( other Terms and Conditions of this Policy remain unchanged. CGL 216 (Ca198) Page 1 of 1 ivr..Ju. ir_•wi I Policy No, MGL0141006 JV� rr_VL v LwVn 1 i r... al Mt Hawley Insurance Company THIS ENDORSEMENT CHANGES THE POLICY; PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST .OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILrn' COVERAGE PART SCHEDULE Name of Person or Organization: All persons or organizations where required by written contract. (If no entry appears above, Information required to complete this endorsement will be shown In the Declarations as applicable to this endorsement) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV — COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended byte addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of pay- ments we make for inj ury or damage arising out of your ongoing operations or 'your work" done under a contract with that person or organization and included in the "products -completed operations hazard". This waiver applies only to the person or organize - don shown In the Schedule above. C024041093 Copyright, Insurance Services Office, Ina.,1992 Page 1 of 1 V V�,LLL M V`NLI�� CERTHOLDER COPY STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807 Co MPaNICAT10N INSu FIANCE FUN ID CERTIFICATE OF WORKERS' COMPENSATION INSURANCE MULE DA.TN1 11-23-2004 CIT7 OF NATIGNAL Cwy 1243 NATIONAL CITY >3LVD NATIONAL CITY CA 91930 GROUP. 000046 POLICY NUMBER: 12214.2004 CERTIFICATE ID: 4e CERTIFICATE EXPIRES: 12-20.2oo4 08-01-2oC4/12-20.2004 ,TT,B: NATXONAL CITY -CITY HALL REMODEL PRO17RCT This is to certify that we have Issued a valid Worker's Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the polioy period that will expire or did expire as indicated above. This certificate of,Inaurance a& not an Insurance policy and does not amend,. extend or alter the coverage afforded by the policy noted herein, Nopvttthstanding any requirement, term or condition of any Contractorotherdocument with rasped to which this certificate of Iheufence may be *good or to whioh'it may pertain, the Insurance afforded by the policy described herein Is subject to all th'e"terrlia, exclusions, and conditions, of such policy. C AtJTHORIZED REPRESENTATIVE passIDENT STANDARD POLICY EXCLUSIONS: INDIVIDUAL RUPLOYERS, 8t7SEAND AND WIFE E)LOYERS, EMPLOYEES OOVARED UNDER C?L INSURANCE AND EXPLOYNES EXCLUDED UNDER CALIFORNIA WORANAs CODIBENSATION'LAW. ENPLOYZR'S LIARILITT LIMIT INCLUDING DEFENSE COSTS; 91,000,00D PER OCCURRENCE. ENDORSEMENT 12005 ENTITLED CERTIFICATE HOLDERS' NOTICE? EFFgvTIvE 09-05-2003 IS ATTACEND TO AND FORMS A PART OF TEIS POLIC7. EMPLOYER GARY C*AtP RANDALL DEA: RANDALL CONSTADCTION 3E56 RUFFIN RD STE D SAN DIEGO OA 92123' BOIF 10262E .4060.1into'ONIIILNDe Only II0,1 Inn 2 folnl weleRrwklhal Hato 'OFFICIAL STAID FUND DOOUMCNT' PAGE 01F �9,200a AEETING DATE City of National City, California COUNCIL AGENDA STATEMENT November 16, 2004 AGENDA ITEM NO. 26 (-ITEM TITLE City Hall Remodel (see attached for full title) PREPARED BY Stephen Kirkpatrick DEPARTMENT Engineering 336-4383 EXPLANATION See attached ( Environmental Review X N/A Financial Statement See attached Approved By: Mall e Director Account No. STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION REC MENDATION N/A ATTACHMENTS ( Listed Below) Resolution 1. Resolution 3. Bid Proposal Spreadsheet for the three low 2. Bid Opening Information Sheet No. . _I est bidders A 200 (9 99) ITEM TITLE: Resolution of the City Council of National City allocating $275,000 for the remodel of the City Hall second floor front lobby area, the Human Resources office area, and the Engineering Department office area; awarding a contract to Randall Construction in the amount of $114,254 of the allocated funds for the remodel improvements; approving the purchase of approximately $110,000 in modular furniture from Office Pavilion using the allocated funds; and approving the expenditure of approximately $13,000 using the allocated funds to Nexus for the relocation of the telephone and computer switchgear currently in the Human Resource office area EXPLANATION: On May 18, 2004 by Resolution Number 2004-78 the Council approved a contract with Katz Architecture to design needed improvements to the City Hall second floor front lobby area, the Human Resources office area, and the Engineering Department office area. At the time it was estimated that the building improvements and necessary furniture would cost approximately $230,000, but the funding was not allocated as part of the action taken in May. The building improvement project has now been designed and competitively bid. As part of the building improvement plan preparation, furniture and equipment was selected from Office Pavilion. (Office Pavilion was selected as a supplier through a "county -wide" competitive bidding process.) The designed improvements are based upon the modular furniture selections. In order to proceed with the project is it now necessary to allocate $275,000 for the project. The budget has grown from the original estimate of $230K to $275K. This is because work has been added to the project, specifically relocating the telephone and computer switchgear; and because the allocation request includes a "contingency" for conditions that may be encountered during the construction of the project which was not included in the May estimate. The following is a breakdown of the allocation request: Building Improvements $114,254 Furniture and Equipment $110,000 Switchgear Relocation $13,000 Contingency (approx 30% of TI cost) $37,746 Total $275,000 The contingency budget is necessary for testing and inspection, mitigation of hazardous materials if encountered during design, and to address any other unforeseen issues that may arise during construction. It will also be necessary to have temporary spaces for employees during the construction process, and depending on the arrangements, there may be some minor costs associated with that effort. $275,000 will be made available for this project by taking the following actions as described in the Resolution: 1. Transfer $100,000 from project account 189-409-500-598-1400 Phase Seven Garden Level Remodel to Project Account Number 001-409-500-598-1589 - City Hall Second Floor Remodel. 2. Transfer $175,000 from the General Fund Undesignated Fund Balance Account No. 001-2411 to Project Account Number 001-409-500-598-1589 - City Hall Second Floor Remodel The building improvement project includes: 1. The ceiling throughout the area being remodeled will be replaced or renovated. A new drop ceiling will be installed in all areas that are currently ceiling tile, and the high ceiling in the lobby areas of the second floor will be renovated. This will also include all new light fixtures and HVAC registers. 2. Major reconfiguration of the Human Resources office area will be performed. This includes installing a window similar to the City Clerks office and an access door from the main lobby area. The interior of the office space will also be remodeled to better utilize the available space. Human Resources will then make use of the lobby area for customer service. 3. The City Clerks office will have an interoffice mailbox installed on the wall adjacent to the door that can be accessed from inside the office by the clerk, and through individual "mailboxes" from the lobby side. 4. The bathrooms will be renovated. 5. The engineering counter will be relocated further into the lobby area providing more space behind the counter. Two lower seating areas will also be provided at the counter where customers can sit with staff and review plans. 6. A rework of the electrical circuitry will be performed 7. New paint throughout the area. 8. New carpet will be installed. 9. New window coverings throughout. 10. Functional and "ergonomically correct" modular furniture will be installed throughout the remodel area. The furniture has been selected specifically for the task the each staff member must accomplish. The following is a brief synopsis of the competitive bid process that resulted in Randall Construction being selected for the building improvement portion of the project. Design started in May 2004. On October 8, 2004, the project was advertised on the local and regional newspapers, as well as a number of plan rooms and trade publications. On November 2, 2004, six bids were received and opened for the project. Staff reviewed the bid documents and found the lowest responsible and responsive bidder, Randall Construction qualified to perform the work. Randall Construction's bid was for $114,254. The Bid Opening Information Sheet and the cost proposals for the three low bidders are attached for further review. Also attached is a brief company biography of Randall Construction. As stated, also included in the project will be the relocation of the telephone and computer switchgear. This gear is currently located in the closet in the Human Resources Director's office. This gear will be relocated across the hall into a closet that was created at the south end of the copier room by Public Works for the MIS Department. The MIS department through the use of the city's phone system vendor, Nexus, will accomplish this work. This relocation serves two purposes; it gives the MIS Department the access it needs to this gear without disturbing the HR Director, and gives the HR Director the office space needed to allow 'more efficient operation. This work is estimated at $13,000. Also as stated, Office Pavilion has been selected to supply the furniture through a county- wide" competitive bid process. The City will "piggy -back" on this contract in order to make this purchase. One of the required early steps in the design of the office improvements was to select furniture. The improvements were then designed with the specific furniture taking into consideration not only its dimensions, but also its power requirements- as the modular furniture includes power and data outlets. The total cost of the furniture and equipment is $110,000 Finally with respect to the schedule, there are 30 working days allowed in the contract for the building improvements. However, there are a few "long lead" items identified in the bid process, such as light fixtures and bathroom partitions. Furniture also has a delivery time of approximately 10 weeks. Based upon these items, the following is the estimated schedule. Award the contract to Randall November 16, 2004. Order furniture from Office Pavilion immediately. Finalize the contract with Randall by December 1 and orders are place immediately. Demolition starts no later than February I, 2005 and work is completed mid -March. FINANCIAL STATEMENT: $275,000 are available for this project after the following two transfers are accomplished: 1. Transfer $100,000 from project account 189-409-500-598-1400 - Phase Seven Garden Level Remodel to Project Account Number 001-409-500-598-1589 - City Hall Second Floor Remodel. 2. Transfer $175,000 from the General Fund Undesignated Fund Balance Account No. 001-2411 to Project Account Number 001-409-500-598-1589 - City Hall Second Floor Remodel The following is a breakdown of the budget for the project: Building Improvements $114,254 Furniture and Equipment $110,000 Switchgear Relocation $13,000 Contingency (approx 30% of TI cost) $37,746 Total $275,000 RESOLUTION NO. 2004 — 215 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ALLOCATING $275,000 FOR THE REMODEL OF CITY HALL SECOND FLOOR FRONT LOBBY AREA, THE HUMAN RESOURCES OFFICE AREA, AND THE ENGINEERING DEPARTMENT OFFICE AREA; AWARDING A CONTRACT TO RANDALL CONSTRUCTION IN THE AMOUNT OF $114,254 OF THE ALLOCATED FUNDS FOR THE REMODEL IMPROVEMENTS; APPROVING THE PURCHASE OF APPROXIMATELY $110,000 IN MODULAR FURNITURE FROM OFFICE PAVILION USING THE ALLOCATED FUNDS; AND APPROVING THE EXPENDITURE OF APPROXIMATELY $13,000 USING THE ALLOCATED FUNDS TO NEXUS FOR THE RELOCATION OF THE TELEPHONE AND COMPUTER SWITCHGEAR CURRENTLY IN THE HUMAN RESOURCES OFFICE AREA WHEREAS, on May 18, 2004, by Resolution No. 2004-78, the City Council approved a contract with Katz Architecture to design needed improvements to the City Hall second floor front lobby area, the Human Resources office area, and the Engineering office area. At that time it was estimated that the building improvements and necessary furniture would cost approximately $230,000; and WHEREAS, the building improvement project has now been designed and competitively bid. As part of the building improvement plan preparation, furniture and equipment was selected from Office Pavilion through a "county -wide" competitive bidding process. Section 2.60.260 of the Municipal Code authorizes the City to join other jurisdictions in public purchasing plans; and WHEREAS, included in the project will be the relocation of the telephone and computer switchgear from the Human Resources Director's office to a location across the hall under an existing contract with Nexus, the City's telephone system vendor; and WHEREAS, the Engineering Department did, in open session on November 2, 2004, publicly open, examine and declare six sealed bids for the National City City Hall Remodel project. The lowest responsive and responsible bidder was Randall Construction, whose bid to perform the work was for $114,254; and WHEREAS, the project budget has grown from the original estimate of $230,000 to $275,000, because work has been added to the project, specifically, relocating the telephone and computer switchgear; and because the budget now includes a "contingency" for conditions that may be encountered during the construction of the project which was not included in the original estimate; and WHEREAS, it is proposed that $275,000 be made available for this project by transferring monies from other accounts to the "City Hall Second Floor Remodel" project account. Resolution No. 2004 — 215 November 16, 2004 Page Two NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City as follows: 1. That a contract in the amount of $114,254 is hereby awarded to Randall Construction for the National City City Hall Remodel project. 2. That the purchase of approximately $110,000 in office furniture from Office Pavilion is hereby approved. 3. That the expenditure of approximately $13,000 for the relocation of telephone and computer switchgear by Nexus is hereby approved. 4. That $275,000 is hereby made available for this project by the following: a. Transfer of $100,000 from project account 189-409-500-598-1400 "Phase Seven Garden Level Remodel" to project account number 001-409-500-598-1589 "City Hall Second Floor Remodel". b. Transfer of $175,000 from the "General Fund Designated for Contingencies Account" number 001-2411, to project account number 001-409-500-598-1589 "City Hall Second Floor Remodel". APPROVED and ADOPTED this 16th day of November 2004. NioK tT1hit a, Tbi'ayor ATTEST: 4 R. Dall City 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 November 16, 2004, by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Parra, Ungab. Nays: None. Absent: Councilmember Inzunza. Abstain: None. AUTHENTICATED BY: NICK INZUNZA i Clerk of the City y of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2004-215 of the City of National City, California, passed and adopted by the Council of said City on November 16, 2004. City Clerk of the City of National City, California By: Deputy BID OPENING SPECIFICATION NUMBER: PROJECT TITLE: NATIONAL CITY CITY HALL REMODEL OPENING DATE: TUESDAY, NOVEMBER 2, 2004 TIME: 3:OOPM ESTIMATE: $ 125,000.00 PROJECT ENGINEER: STEVE KIRKPATRICK NO. BIDDER'S NAME AND ADDRESS (PAGE 12) BID AMOUNT (PAGE 14) ADDENDA (PAGE 12) BID SECURITY (PAGE 17-CHECK (PAGE 18-BOND) 1. RANDALL CONSTRUCTION 3656 Ruffin Rd. Suite D San Diego, CA 92123 $114,254.00 x x 2, STEVENS CONSTRUCTION 125 E. 17TH STREET NATIONAL CITY, CA 91950 $126 500.00 " x x 3, CORNERSTONE BLDG. GRP. 3590 Kettner Boulevard San Diego, CA 92101 $133,000.00 x x 4. JAYMES CONSTRUCTION 8530 La Mesa Blvd., Ste. 306 La Mesa, CA 91941 $145,700.00 x x $. RSM CONTRACTORS, INC. 8265 Commercial St. #9 La Mesa, CA 91942 $146,900.00 x x 6. ST. THOMAS ENTERPRISES 3817 Palm Drive Bonita, CA 91902-2515 $153,000.00 x x National City City Hall Remodel Item QTY UNIT Item Description 1 1 LS NATIONAL CITY HALL REMODEL City Of National City 1243 National City Boulevard, National City, CA 91950 RAN DALL CONSTRUCTION CONSTRUCTION BLDG. GROUP $ 114,254.00 STEVENS $ 126,500.00 CORNERSTONE $ 133,000.00 Progress Est. No. _ 11/3/04 City of National City Office of the City Clerk 1243 National City Boulevard, National City, California 91950-4397 Michael R. Della, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 December 16, 2004 Mr. Gary Randall Randall Construction 3656 Ruffin Road Ste D San Diego CA 92123 Project: City Hall Remodel Engineering Spec. No. NA, Awarding Resolution 2004-215 Dear Mr. Randall, On November 16, 2004, the City Council of the City of National City passed and adopted Resolution No. 2004-215, awarding a contract in the amount of $12eXig to Randall Construction. 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. Stephen Kirkpatrick, City Engineer at (619) 336-4380. Sincerely, Zriab /GA' Michael R. Dalla City Clerk MRD/mla Enclosure cc: Engineering File C2004-54 ® Recycled Paper