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HomeMy WebLinkAbout2007 CON Republic ITS - Safe Routes to SchoolsCONTRACT NATIONAL. CITY SAFE ROUTES TO SCHOOL SPECIFICATION NO. 06-05 THIS CONTRACT made and entered into this November 20, 2007 by and between the City of National City, California, herein after designated as the "City", and Republic ITS hereinafter designated as the "Contractor". WITNESSETII: 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 SAFE ROUTES TO SCHOOL SPECIFICATION NO. 06-05 and to perform and complete in a good and workmanlike manner all the work pertaining thereto shown on the plans and specifications therefore; to furnish at his own proper cost and expense all tools, equipment, labor and materials necessary therefore; and to do everything required by this agreement and the said plans and specifications. 2. For furnishing all said materials and labor, tools and equipment, and doing all the work contemplated and embraced in this Contract, also for all loss and damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the work until its acceptance by the City and for all risks of every description connected with the work; also, for all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as in said specifications are expressly stipulated to be borne by the City and for well and faithfully completing the work and the whole thereof, in the manner shown and described in the said plans and specifications, the City will pay and the Contractor shall receive in full compensation therefore the lump sum price, or if the hid is on the unit price basis, the total price for the several items furnished pursuant to the specification, named in the bidding sheet of the proposal, as the case may be. 3. The City hereby promises and agrees to employ, and does hereby employ said Contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to for the price aforesaid and hereby conditions set forth in the specification; and the said parties for themselves, their heirs, 21 CONTRACT (CONTINUED) NATIONAL CITY SAFE ROUTES TO SCHOOL SPECIFICATION NO. 06-05 executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained. 4. The Notice Inviting Bids, Instructions To Bidders, Bid Proposal, Bonds, The Plans and Specifications, General Provisions and Special Provisions, and all amendments thereof, arc hereby incorporated in and made part of this Contract. 5. The Contractor shall assume the defense of and indemnify and save harmless the City of National City and its officers, employees, and agents, including the private engineer, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from this Contract, or the performance of the work, regardless of responsibility or negligence. 6. Claims, disputes and other matters in question between the parties to this Contract, arising out of or relating to this Contract or the breach thereof, may he 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 arhitration 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 arhitration 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 he specifically enforceable under the prevailing arbitration law. Notice of the demand for arhitration is to he filed in writing with the other party to this Contract and with the American Arbitration Association. The demand is to he 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 he made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would he barred by the applicable statute of limitations. The award rendered by the arbitrators shall he final and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. 22 CONTRACT (CONTINUED) NATIONAL CITY STREET RESRUFACING PROJECT, FY 06-07 SPECIFICATION NO. 06-05 7. The Contractor agrees to comply with all Local, State and Federal regulations and with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970 (42 U.S.C. 1857 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) as amended. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed in three counterparts. each of which shall be deemed an original the day and year first above written. CONTRACTOR: CITY: B Title: (r By: Title: \ Pt Secr t�,l I�_ eTrea-S[ILY ' Federal ID. No. (c?-L1- By: Title: Mayor, City of National City ATTEST: By: Title: City Clerk, City of National City (Notarial acknowledgement of execution by all PRINCIPALS OF CONTRACTOR must be attached.) 23 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of MOY(Y) On . �' °} before me, f& 1 I d 'J: P� i <<- • Date t Nan a and idNe of Officer (e g., o Doc, Notary Public') personally appeared �Ta aS A• I YG(Q tiev" k ; 127 f Y e �-1 (� A-SC� J Name(s) of Stonei(s) MEGAN KELLY Commission / 1714394 JNotary Public - CalUarnla Mann County Comm. Jon 2011 Place Notary Seal Above Xpersonally known to me ;_ (or 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. WITNESS my hand and official seal. OPTIONAL Signature of Not Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document ( /- Title or Type of Document: Na _{ t t6fG-I 6 VI CQr) a /— Document Date: II 1 O 1 off— _ Number of Pages: 5. Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name:,TamtS A• yVctsneAr - Individual )(Corporate Officer — Title(s): eNinet4q L Partner — L. Limited 7 General Attorney in Fact l Trustee ' Guardian or Conservator Other: Signer Is Representing: fepublic 1 RIGHT TIM)MRPRINT OF SIGNER lop of thjrnb nere e 21101i National Notary Association • 9350 De Soto Ave.. PO. Box 2402 • Chats Signer's Name-f4re.A1L Af h f Individual �— XCorporate Officer — Title(s):VP (c - Partner — _ Limited General Attorney in Fact _ Trustee Guardian or Conservator L I Other: Signer Is Representing: 'LZepubbc (Ts orth. CA 91313-2402 Too or thurnb Item No. 5907 HeOr0er: Call Toll -Fr 800.876-6327 CONTRACT (CONTINIt3ED) NATIONAL, CITY SAFE ROUTES "ID SCIIOOL SPECIFICATION NO. 06-05 CORPORATE CE : TIFICATE I, certify that I am the Secretary of the Corporation named as Contr 1 the foregoing Contract; that , who signed said contract on behalf of the l nerl�g of said Corporation; that said contract was dttly signed for and in behalf of said Corporation by authority of its governing body and j •'within the scope of its corporate powers. Contractor, was t \iPe I, ti certify that I am the Secretary of the Corporation named as Contra �iri:� a oregoing Contract �tth se L, �4ho signed said contract on behalf of the Contractor, was the . ' .��itiis�Q�it� !i: thUL tTreRSW'e( of said Corporation; that said contract was . ly signed f and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers. Corporate Seal: 24 CONTRACT (CONTINUED) NATIONAL CITY SAFE ROUTES TO SCHOOL SPECIFICATION NO. 06-05 PARTNERSHIP CERTIFICATE STATE OF COUNTY OF On this _ _ _ day of , 2007, before me, the undersigned, a Notary Public in and for said County and State, personally appeared: (Notarial Seal) known to me to be of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. Signature: Name (Type or Print): (Notary Public in and for said County and State) My Commission expires: 25 Bond Executed in Triplicate Bond No: 57BCSET5973 Premium: $3,226.00 PERFO ' CE BOND NATIONA CITY SAFE ROUTES TO SCHOOL SPECIFIC. TION NO. 06-05 KNOW L MEN BY THESE PRESENTS: That WH • AS, the City Council of the City of National City, by Resolution No. 2007-255 passed N ; ember 20, 2007 has awarded to Republic ITS, hereinafter designated as the "Principal' , the NATIONAL CITY SAFE ROUTES TO SCHOOL, Specification No. 06-05. REAS, said Principal is required under the terms of said contract to furnish a bond for the fai t ' 1 performance of said contract. NO , THEREFORE, we, Hartford Fire Insurance Company bound un the penal lawful to we bind firmly by TH Principal things s and agre their p respects City of stipulat full forc A extensio perform obligati time, alt the Principal and as surety, are held and firmly the City Council of the City of National City, hereinafter called the "Council", in um of Three hundred fourteen thousand seven. hundred sixty dollars and zero cents ey of the United States, for the payment of which sum well and truly to be mane, selves, our heirs, executors, administrators and successors, jointly and severally, ese presents_ CONDITION OF THIS OBLIGATION IS SUCH THAT if the above bounden his/her or its heirs, executors, administrators, successors or assigns, shall in all d to and abide by, and well and truly keep and perform the covenants, conditions ents in the said contract any alteration thereof made as therein provides, on his or to be kept and performed at the time and in the amount therein specified, and in all ccording to their true intent and meaning, and shall indemnify and save harmless the ational City, the City Council, their officers, agents, and employees, as therein , then this obligation shall become null and void; otherwise it shall be and remain in and virtue. the said Surety, for value received, hereby stipulates and agrees that no change, of time, alteration or addition to the terms of the contract or to the work to be thereunder or the specifications accompanying the same shall in any wise affect its s on this bond, and it does hereby waive notice of any such change, extension of ration or additions to the terms of the contract or to the work or to the specifications. 26 PERFO' NATION SPECIFI In recovered reasonabl IN WIT for all p Princip Hartford Fir Kelly H Attorney CE BOND (CONTINUED) CITY SAFE ROUTES TO SCHOOL ATION NO. 06-05 e event suit is brought upon this bond by the City of National City and judgment is the surety shall pay all costs incurred by the Council in such suit, including a attorney's fee to be fixed by the Court. S WHEREOF three identical counterparts of this instrument, each of which shall oses be deemed an original thereof, have been duly executed by the and Surety above named, on the 6th day of December , 2007. Insurance Company (SEAL) Republic[ ITS (SEAL) (SEAL) By (SEAL) (SEAL) V P) EErr gi nettri nod (SEAL) v Principal temann In -Fact Surety APPR. _77 i C Gorge h. Eiser, III Cfty Attorney 2 PERFORMANCE BOND (CONTINUED) NATIONA CITY SAFE ROUTES TO SCHOOL SPECIFICATION NO. 06-05 ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF California ) COUNTY OF Marin ) On this 6th day of December , 2007, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Kelly Holtemann known to me to be the person whose name is subscribed to the within instrument as the attorney -in -fact of the Harttord Fire Insurance Company . the corporation named as Surety in said instrument', and acknowledged to me that he subscribed the name of said corporation thereto as Surety, an.i his own name as attorney -in -fact. NOTE: S' ;nature of those executing for I NOTE: The Attorney -in -fact must attach a 1 Surety must be properly certified copy of the Power of acknowledged. i Attorney. Signature Name (Type or Print): J. De Luca Notary Public in and for said County and State My Cotamission expires: October 24, 2008 APPROVED AS TO FORM: By: George H. Eiser, III City Attorney J. DE LUCA COMM. #1521691 NOTARY PUBLIC-CALIFORNIA 0 rLyr_ SONOMA COUNTY -r MY Comm. Expires Oct. 24. 2008 28 Bond Executed in Triplicate PAYME BOND NATIONA CITY SAFE ROUTES TO SCHOOL SPECIFIC . TION NO. 06-05 Bond No: 57BCSET5973 Premium: Included KNOW A L MEN BY THESE PRESENTS: That WHEREA , , the City Council of the City of National Ciry, by Resolution No. 2007-255, passed Ni ember 20, 2007 has awarded to Republic ITS, hereinafter designated as the "Principal , the NATIONAL CITY SAFE ROUTES TO SCHOOL, Specification No. 06-05. WIC REAS, 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 • • h a bond in connection with said contract; NO , THEREFORE, we, Hartford Fire Insurance Company bound un the penal lawful m we bind firmly by the Principal and as surety, are held and firmly the City Council of the City of National City, hereinafter called the "Council", in um of Three hundred fourteen thousand seven hundred sixty dollars and zero cents ney of the United States, for the payment of which sum well and truly to be made, urselves, our heirs, executors, administrators and successors, jointly and severally, these presents. TH CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his/her or its subco tractors, heirs, executors, administrators, successors, or assigns, shall fail to pay any of the pe sons named in Section 3181 of the California Civil Code, or amounts due wider the Unemplo ment Insurance Code with respect to work or labor performed by any such claimant, or for a amounts required to be deducted, withheld, and paid over to the Franchise Tax Board fr'm the wages of employees of the Contractor and his subcontractors pursuant to Section 8806 of the Revenue and Taxation Code. with respect to such work and labor ,tbe Surety I pay for the same in an amount not exceeding the sum hereinafter specified, and also, in e suit is brought upon this bond, a reasonable attorney's fee, to be fixed by the Court. Bond shall inure to the benefit of any of the persons named in Section 3181 of the Californ a Civil Code, so as to give a right of action to such persons of their assigns in any suit brought pon this bond. 29 PAYMENT BOND (CONT1 UED) NATIONA CITY SAFE ROUTES TO SCHOOL SPECIFICATION NO. 06-05 It is =urther 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, E. iteration 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 m 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 obligqs 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 tirne, 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 ab )ve named, on the 6th day of D e c emb e r , 2007. Hartford Fire Insurance Kelly moltemann Attorney -In -Fact Come) Republic ITS Surety (SEAL) (SEAL) (SEAL) (SEAL) Eine&,vinq (SEAL) Principal l �n,Rne r'• e George ri. Eiser, III City Attorney 30 PAYMEN' BOND (CONTINUED) NATIONA_ CITY SAFE ROUTES TO SCHOOL SPECIFICATION NO. 06-05 ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF California ) COUNTY OF Marin ) On this day 6th of December , 2007, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Kelly Holtemann known to me to be the person whose name is subscribed to the within instrument as the attorney -in -fact of the Hartford Fire Insurance Company , the corporation named as Surety in said instrument, and acknowledged to me that he subscribed the name of said corporation thereto ,as Surety, ani his own name as attorney -in -fact. NOTE: Signature of those executing for Surety must be properly a< knowledged. NOTE: The Attorney -in -fact must attach a certified copy of the Power of Attorney. Signature J -� Name (Type or Print): J. De Luca (Notary Public in and for said County and State) My Cortutnission expires: APPROVED AS TO FORM: By: George H. Eiser, I7I City Attorney October 24, 2008 s J. DE LUt✓A t COMM. #1521691 V ' '' 3T NOTARY PUBLIC-CALIFORNIA 02 `t711-1 50� NIOMA COUNTY My Comm. Expires Oct. 24. 2008 31 Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut L^ Hartford Casualty Insurance Company, a corporation duly organized under the lows of the Sate of Indiana X 1 Hartford Accident and Indemnity Company, a corm: ation duly nrranized under the laws of the State of Connecitent Hartford Underwriters Insurance Company, a corporation duly organized uncle, the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duty organized under the laws of the State of Indiana 1 Hartford Insurance Company of Illinois, corporation duly organized wide! the law: of the Stan: of Illinois j Hartford Insurance Company of the Midwest, a corporatoor, duly organized under the laws 01 tin State of Indiana hHartford Insurance Company of the Southeast, a eorprration duly organized under the laws of the State of Florida POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS THAT: Direct Inquiries/Claims to: THE HARTFORD BOND, T-4 F O. BOX 2103. 690 ASYLUM AVENUE HARTFORD. CONNECTICUT 06115 call: 888-266-3488 or fax: 860-757-5835 Agency Code: 57.554795 X having their home office in Hartford Connecticut, (hereinafter collectively referred to as the "Companies"; do hereby make, constitute and appoint. up to the amount of unlimited: Stanley D. Loar, Charles R. Shoemaker, Nancy I Hamilton, Roger C. Dickinson, Rosemarie Guanill. Mark M. Munekawa. Nerissa S. Barlolomc, Jeffrey W Parkhurst, Yvonne Ron;:agliolo, Kelly Holtemann, Lawrence J. Coyne, Thomas E. Hughes of San Francisco: CA their true and lawful Attorney(s)-in-Fact, each it their separate capacity if more than one is named above. to sign its nerne as surety(ies; only as delineated above oy [31, and to execute. seal and acknowledge any and al! bonds. underakkings contracts and other written instruments in the nature thereof, on behalf of the Companies In their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted it any actions_ or proceedings allowed oy. law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on January 22. 2004 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attestec by its Assistant Secretary Further. pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be hound by any mechanically applied signatures applied to this Power of Attorney. COUNTY OF HARTFORD On this 1" day of February. 2004, before me personally came M. Ross Fisher, to me known. who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors or said corporations and that he signed his name thereto by like authority. Paul A. Beraenholtz, Assistant Secretary STATE OF CONNECTICUT } SS. Hartford M. Ross Fisher, Assistant Vice President CERTIFICATE Scott E. Paseka Notary Public My Commission Expires October 31, 2007 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of Signed and sealed at the City of Hartford. December 6th, 2007 Gary W. Stumper, Assistant Vice President ' ACDBQ,R CERTIFICATE OF LIABILITY INSURANCE DATE '007 mooucet Woodruff -Sawyer & Co. 220 Bush St, 7th Floor San Francisco CA 94104 (415) 391-2141 THIS CERTIFICATE IS ISSUED AS A MATTER OF NFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIL 8 INSURED Republic ITS 371 Bel Marin Keys Blvd #200 Novato, CA 94949-5699 I eauRER A National Union Fire Insurance Company of Pittaburgh,,PA 19445 24139 youRER a old Republic General Insurance Corporation INSURER a INSURER IX INSURER E 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.ppLper LTR TYPE OF INSURANCE POLICY NUMBER p oA! MUD S DATC►E IMY IAN LIMITS B X GENERAL LIABILITY COLIMERCIAL GENERAL LIABILITY AlCG49560701 10/01/2007 10/01/2008 CE EAEACH°CCAGE S 1.000.000 X Rooccu ENTED PREMISES IEa oceumaee1 S 300.000 S 5.000 CLAIMS LADE X OCCUR MED EXP (My onspenon) PERSONAL a ADV INJURY $ 1.000.000 GENERAL AGGREGATE $ 2.000.000 GENL AGGREGATE LIMIT PER PRODUCTS • COMP#OP AGG a 2.000.000 —1 POLIO, ^I 7a n LOC B x AUTOMOBILE ANY AUTO ALL OWNEO AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS A1CA49560701 10/01/2007 10/01/2008 (� SINGLE $ 1,000,000 X BODILY INJURY (Per Pet) S — X BODILY INJURY (Per occident) $ X PROPERTY DAMAGE (Per accident) s GARAGE LAB UTY ANY AUTO AUTO ONLY - EA ACCIDENT 3 OTHER THAN EA ACC S AUTO ONLY: AGO $ A EXCESS/UMBRELLA LABILITY BE5691371 10/01/2007 10/01/2008 EACH OCCURRENCE S 1.000.000 X occuR ❑ CLAMS MADE AGGREGATE $ 1.000 000 DEDucnale RETENTION $ s a 1 g wORKCERSCOMPmwATIONAIM IeMrwrem LtAsaln ANY PROPRIETOWPARTNERIEXEcum.E OFFICER/EMBER D(CLUD®T Byypu,.�d�o�nut. under 9PEGIAL PROVISNDNS seloR AlCW49560702X 10/01/2007 10/01/2008 rWC STATh I ' T - ER ELFhCHACCIDENT t 1,000,000 $ 1,000,000 EL. DISEASE - EA EMPLOYEE EL. pLCF,041F - POucw LMrT S 1,000,000 OTHER S $ $ DESCRPTION OF OPERATIONS / LOCATONS / VEHICLES I EXCLUSION$ ADDED BY ENDORSEMENT/SPECIAL PROVISIONS THIS CERTIFICATE REVISES AND REPLACES THE CERTIFICATE ISSUED ON 12/05/07 National City Safe Routes to School Project, Specification No. 06-05. City of National City, its offcers, employees, and agents are named as additional insured per forms CG2010 11 85, CA EN GN 0020 09 06 attached. CERTIFICATE HOLDER City of National City 1243 National City Blvd National City, CA 91950 LOAN #: CANCELLATION 10 Day Notice for Non -Payment of Premium SHOULD ANY OP THE ABOVE DESCRIBED FOUCDI$ BE CANCELLED BEFORE THE D 7111ATHON DATE THEREOF. THE ISSMNS INSURER WILL L,Jt MAIL 30 DAYS warm NOTICE TO THE CERTIFICATE HOLDER NMIIO TO THE LEFT. ACORD 25 (2001108) ID #: NTATNi� ®ACO RPORA 1888 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the Issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) POLICY NUMBER: A1CG49560701 NAMED INSURED: Republic ITS THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY ADDITIONAL INSURED - OWNERS, LESSEES or CONTRACTORS [Form B] This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of person or organization: Any person or organization to which you are obligated by virtue of a written contract to provide Insurance such is afforded by this policy, but with respects to (1) occurrence taking place after such written contract has been executed and (2) occurrences resulting from work preformed by you during the policy period. Coverage provided by this policy to the Additional Insured(s) shown in the Schedule shall be primary insurance and any other insurance maintained by the Additional Insured(s) shall be excess and non-contributory, but only as respects any claim or liability determined to be the result of the sole negligence or responsibility of the Named Insured and only if required of the Named Insured 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.) WHO IS AN INSURED (Section II) is amended to include as an 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. Name: City of National City Address: 1243 National City Blvd National City, CA 91950 THIS CERTIFICATE REVISES AND REPLACES THE CERTIFICATE ISSUED ON 12/05/07 National City Safe Routes to School Project, Specification No. 06-05. City of National City, its officers, employees, and agents are named as additional insured per forms CG2010 11 85, CA EN GN 0020 09 06 attached. ADDITIONAL INSURED: City of National City, its officers, employees, and agents CG 20 10 11 85 Copyright, Insurance Service Office, Inc., 1984L%C / "27 /% OLD REPUBLIC GENERAL INSURANCE CORPORATION ADDITIONAL INSURANCE WHERE REQUIRED UNDER CONTRACT OR AGREEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: BUSINESS AUTO COVERAGE FORM The following Is added to Section It— Liability Coverage, A. — Coverage, 1. Who Is An Insured: d. Any person or organization to whom you become obligated to Include as an additional Insured under this policy. as a result of any contract or agreement you enter into which required you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability arising out of your operations or premises owned by or rented to you. However, the insurance provided will not exceed the lessor of: 1. The coverage or fmfs of this policy, or 2. The coverage or limits required by said contract or agreement. City of National Clty 1243 National City Blvd National City, CA 91950 THIS CERTIFICATE REVISES AND REPLACES THE CERTIFICATE ISSUED ON 12/05/07 National City Safe Routes to School Project, Specification No. 06-05. City of National City, its offcers, employees, and agents are named as additional insured per forms r ni n 11 an re FM rN nnon no na atta4'he41 ADDITIONAL INSURED: City of National City, its offcers, employees, and agents Named Insured Republic ITS Policy Number A1CA49560701 Endorsement No. Policy Period 10/01/1U0/ to 10/01/2008 Endorsement Effective Date: laol/tom Producer's Name: Producer Number /t- AUTHORI D � 12/10/2007 REPRESENTATIV�� DATE CA EN GN 0020 09 06 RESOLUTION NO. 2007 — 255 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO REPUBLIC ITS, INC. IN THE AMOUNT OF $314,760 FOR SAFE ROUTES TO SCHOOLS PROJECT, INCLUDING INSTALLATION OF TRAFFIC IMPROVEMENTS AROUND SEVEN AREA SCHOOLS WHEREAS, the Engineering Department did, in open session on November 5, 2007, publicly open, examine and declare six sealed bids for the Safe Routes to Schools Project, including installation of traffic improvements around seven area schools. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for the Safe Routes to Schools Project to the lowest responsive, responsible bidder, to wit: REPUBLIC ITS, INC. BE IT FURTHER RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute on behalf of the City a contract in the amount of $314,76 between Republic ITS, Inc. and the City of National City for the Safe Routes to Schools Project, including installation of traffic improvements around seven area schools. Said contract is on file in the office of the City Clerk. PASSED and ADOPTED this 20th day of Nove 2007. on Morrison, Mayor ATTEST: A Mic -el R. Dalla, ity Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Passed and adopted by the Council of the City of National City, California, on November 20, 2007 by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Ungab, Parra, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California Ci lerk of the dlif National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2007-255 of the City of National City, Califomia, passed and adopted by the Council of said City on November 20, 2007. City Clerk of the City of National City, California By: Deputy cao0'-b'4 Approved By: City of National City, California COUNCIL AGENDA STATEMENT . IEETING DATE November 20, 2007 AGENDA ITEM NO. 13 ITEM TITLE Resolution of the City Council of National City awarding a contract to Republic ITS, Inc., in the amount of $314,760 for Safe Routes to Schools including installation of traffic improvements around seven area schools (Funding will be through Caltrans Grant and General Funds.) PREPARED BY Din Daneshfar EXPLANATION DEPARTMENT Engineering EXT. 4387 See attached explanation. J Environmental Review X N/A MIS Approval Financial Statement The total estimated amount for work is $399,760. The funds are available in Account Nos323409-500-598-6166 ($432,000) and 001-409-500-598-6166 ($50.000). Account No. Finance Director STAFF RECOMMENDATION opt the Re OARD/COMMI N/A /7- ION RECOMMEDATION l ATTACHMENTS (Listed Below) 1. Resolution 2. Bid Opening Information Sheet 3. Bid Proposal Spreadsheet for all Bidders 4. Biography of Republic ITS Resolution No. o o rt - 'ass A-200 (Rev !/03) City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Della, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 December 19, 2007 Mr. James Wagner Vice President, Engineering Republic ITS 371 Bel Marin Keys Blvd. #200 Novato, CA 94949-5699 Dear Mr. Wagner, On November 20, 2007, Resolution No. 2007-255 was passed and adopted by the City Council of National City, awarding a contract to Republic ITS. We are enclosing for your records a certified copy of the above Resolution and a fully executed original contract. Michael R. Dalla, CMC City Clerk Enclosures cc: Engineering Dept. ® Recycled Paper