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HomeMy WebLinkAbout3-D Enterprises - Marina Way Storm Drain Project - 2008CONTRACT MARINA WAY STORM DRAIN IMPROVEMENTS, FY 08-09 SPECIFICATION NO. 08-12 TIIIS CONTRACT, made and entered into this 18 day of November 2008 by and between the City of National City, California, herein after designated as the "City", and 3—D Enterprises , Inc, 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: MARINA WAY STORM DRAIN IMPROVEMENTS, FY 08-09 SPECIFICATION NO. 08-12 and to perform and complete in a good and workmanlike manner all the work pertaining thereto shown on the plans and specifications therefore; to furnish at his own proper cost and expense all tools, equipment, labor and materials necessary therefore; and to do everything required by this agreement and the said plans and specifications. 2. For furnishing all said materials and labor, tools and equipment, and doing all the work contemplated and embraced in this Contract, also for all loss and damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the work until its acceptance by the City and for all risks of every description connected with the work; also, for all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as in said specifications are expressly stipulated to be borne by the City and for well and faithfully completing the work and the whole thereof, in the manner shown and described in the said plans and specifications, the City will pay and the Contractor shall receive in full compensation therefore the lump sum price, or if the bid is on the unit price basis, the total price for the several items furnished pursuant to the specification, named in the bidding sheet of the proposal, as the case may be. 3. The City hereby promises and agrees to employ, and does hereby employ said Contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to for the price aforesaid and hereby conditions set forth in the specification; and the said parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained. 24 CONTRACT (CONTINUED) MARINA WAY STORM DRAIN IMPROVEMENTS, FY 08-09 SPECIFICATION NO. 08-12 4. The Notice Inviting Bids, Instructions To Bidders, Bid Proposal, Bonds, The Plans and Specifications, General Provisions and Special Provisions, and all amendments thereof, are hereby incorporated in and made part of this Contract. 5. The Contractor shall assume the defense of and indemnify and save harmless the City of National City and its officers, employees, and agents, including the private engineer, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from this Contract, or the performance of the work, regardless of responsibility or negligence. 6. Claims, disputes and other matters in question between the parties to this Contract, arising out of or relating to this Contract or the breach thereof, may be decided by arbitration if both parties to this Contract consent in accordance with the rules of the American Arbitration Association then obtaining unless the parties mutually agree otherwise. No arbitration arising out of or relating to this Contract, shall include, by consolidation, joinder or in any other manner, any additional person not a party to this Contract except by written consent containing a specific reference to this Contract and Signed by CONTRACTOR, CITY, and any other person sought to be joined. (Any Consent to arbitration involving an additional person or persons shall not constitute consent of any dispute not described therein or with any person not named or described therein.) This agreement to arbitrate and any agreement to arbitrate with an additional person or persons duly consented to by the parties to this Contract shall be specifically enforceable under the prevailing arbitration law. Notice of the demand for arbitration is to be filed in writing with the other party to this Contract and with the American Arbitration Association. The demand is to be made within a reasonable time after the claim, dispute, or other matter in question has arisen. In no event is the demand for arbitration to be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. The award rendered by the arbitrators shall be final and judgment may he 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. 25 CONTRACT (CONTINUED) MARINA WAY STORM DRAIN IMPROVEMENTS, FY 08-09 SPECIFICATION NO. 08-12 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: ✓3 -�2� `;�� By: Title: Pie'-2-Si c, c% / CITY: By: Title: Federal II). No. By: 5-v14'4'(11 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.) 26 CONTRACT (CONTINUED) MARINA WAY STORM DRAIN IMPROVEMENTS, FY 08-09 SPECIFICATION NO. 08-12 CORPORATE CERTIFICATE certify that I am the Secretary of the Corporation named as r Contractor in the foregoing Contract; that 'ft}4 ) rAl -L-//� , w, h� signed said contract on behalf of the Contractor, was then J/24 '5 j of said Corporation; that said cdntracrwas duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers. I, certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that , who signed said contract on behalf of the Contractor, was then of said Corporation; that said contract was duly signed for and in behalf of said Corporation by authority of its governing hody_ nd is within the scope of its corporate powers. Corporate Se 27 CONTRACT (CONTINUED) MARINA WAY STORM DRAIN IMPROVEMENTS, FY 08-09 SPECIFICATION NO. 08-12 PARTNERSHIP CERTIFICATE STATE OF ) ) ss COUNTY OF On this clay of , 2008, 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: 28 PAYMENT BOND MARINA WAY STORM DRAIN IMPROVEMENTS, FY 08-09 SPECIFICATION NO. 08-12 KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City Council of the City • of National 2008-236 , passed the 18 t day of November, 3 D Ente rises. Inc. as the " nncipal", the arina Way Storm in. Improvements, 12. EXECUTED IN TRIPLICATE BOND NO. 2279214 PREMIUM INCLUDED IN THE PERFORMANCE BOND City, by Resolution No. 2008 has awarded to hereinafter designated -09 Specification No. 08- WHEREAS, said Principal is required by Chapter 5 (commencing at Section 3225) and Chapter 7 (commencing at Section 3247), Title 15, Part 4, Division 3 of the California Civil Code to furnish a bond in connection with said contract; NOW, THEREFORE, we, the Principal and INSURANCE COMPANY OF THE WEST as surety, arc held and finely bound unto the City Council of the City of National City, hereinafter called the "Council", in the penal sum of ONE HUNDRED NINE THOUSAND FOUR HUNDRED • lawful money of the United States, for the payment of which sum well and truly to he made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. * AND NO/100THS DOLLARS ($109,400.00****) THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his/her or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay any of the persons named in Section 3181 of the California Civil Code, or amounts due under the Unemployment Insurance Code with respect to work or labor performed'by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the Contractor and his subcontractors pursuant to Section 18806 of the Revenue and Taxation Code, with respect to such work and labor the Surety will pay for the same in an amount not exceeding the sum hereinafter specified, and also, in case suit is brought upon this bond. a reasonable attorney's fee, .to be fixed by the Court. This Bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code, so as to give a right of action to such persons or their assigns in any suit brought upon this bond. 32 PAYMENT BOND (CONTINUED) MARINA WAY STORM DRAIN IMPROVEMENTS, FY 08-09 SPECIFICATION NO. 08-12 It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans. specifications, or agreement pertaining or relating to any scheme or work of improvement hereinabove described or pertaining or relating to the furnishing of labor, materials, or equipment therefore, not by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement hereinabove described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent Or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner of Public Entity and original contractor or on the part of any obliges named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 3110 or 3112 of the California Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned. IN WITNESS WHEREOF three identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the 26th day of NOVEMBER , 2008. 3-D ENTE RIS' , INC. (SEAL) INSURANCE COMPANY OF THE WEST(SEAL) BY: EAL) BY: (SEAL) Surety APPROVED AS TO FORM: George H. Eiser, III City Attorney BROOKE LAFRENZ ATTORNEY -IN -FACT Principal 33 (SEAL) (SEAL) ACKNOWLEDGEMENT ATTACHED AS PRESCRIBED BY CA CIVIL CODE SS1188-1190 PAYMENT BOND (CONTINUED) MARINA WAY STORM DRAIN IMPROVEMENTS, FY 08-09 SPECIFICATION NO. OS-12 ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF ) COUNTY OF ) ss On this day of , 2008, before me, the undersigned, a Notary Public in and for said County and State, personally appeared known to me to be the person whose name is subscribed to the within instrument as the attorney -in -fact of the , the corporation named as Surety in said instrument, and acknowledged to me that he subscribed the name of said corporation thereto as Surety, and his own name as attorney -in -fact. NOTE: Signature of those executing for Surety must be properly acknowledged. NOTE: The Attorney -in fact must attach a certified copy of the Power of Attorney. Signature: Name (Type or Print): (Notary Public in and for said County and talc My Commission expires: APPROVED AS TO FORM: By: George H. Eiser, III City Attorney 34 CALIFORNIA ALL—PURPOSE ACKNOWLEDGMENT State of California County of San Diego On 26 November 2008 before me, Gladys D. Rogers, Notary Public personally appeared Brooke Lafrenz GLADYS D. ROGERS Commission # 1537880 ram, , e �-; • Notary Public -California San Diego County ?� Comm. Expires Dec 24, 2008 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand an Signature OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying an the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer - Title(s): ❑ Partner - ❑ Limited ❑ General O Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Surety Company No. 0001128 ICW GROUP Power of Attorney Insurance Company of the West Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of California, Explorer Insurance Company, a Corporation duly organized under the laws of the State of Califomia, and Independence Casualty and Surety Company, a Corporation duly organized under the laws of the State of Texas, (collectively referred to as the "Companies"), do hereby appoint LARRY D. COGDILL, COLETTE CHISHOLM, BROOKE LAFRENZ, MICHAEL W. THOMAS, JEANETTE SEIDL their true and lawful Attomey(s)-in-Fact with authority to date, execute, sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. In wimess whereof, the Companies have caused these presents to be executed by its duly authorized officers this 2nd day of January, 2008. • cpo�� nA 00 f%4 F, 1 C7 If o r,sEAL _I°s'il JOi\�ii '`-> /l i P � ;' Jeffrey D. Sweeney, Assistant Secretary State of California } ss. County of San Diego INSURANCE COMPANY OF THE WEST EXPLORER INSURANCE COMPANY INDEPENDENCE CASUALTY AND SURETY COMPANY J. Douglas Browne, Senior Vice President On January 2, 2008, before me, Mary Cobb, Notary Public, personally appeared J. Douglas Browne and Jeffrey D. Sweeney, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument, the entity upon behalf of which the persons acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. Mary Cobb, Notary Public RESOLUTIONS This Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant Secretary, are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attomey(s)-in-Fact to date, execute, sign, seal, and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment, and the signature of any officer certifying the validity and current status of the appointment, may be facsimile representations of those signatures; and the signature and seal of any notary, and the seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typing, or photocopying." CERTIFICATE 1, the undersigned, Assistant Secretary of Insurance Company of the West, Explorer Insurance Company, and Independence Casualty and Surety Company, do hereby certify that the foregoing Power of Attomey is in full force and effect, and has not been revoked, and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies, and are now in full force. th IN WITNESS WHEREOF, I have set my hand this 26 day of November 2008 . J'Ity Jeffrey D. Sweeney, Assistant Secretary To verify the authenticity of this Power of Attorney you may call 1-800-877-1111 and ask for the Surety Division. Please refer to the Power of Attorney Number, the above named individual(s) and details of the bond to which the power is attached. For information or filing claims, please contact Surety Claims, ICW (Troup, 11455 El Camino Real, San Diego, CA 92130-2045 or call (858) 350-2400. PERFORMANCE BOND MARINA WAY STORM DRAIN IMPROVEMENTS, FY 08-09 SPECIFICATION NO. 08-12 KNOW ALL MEN BY THESE PRESENTS: That EXECUTED IN TRIPLICATE BOND NO. 2279214 PREMIUM: $1,203.00 WHEREAS, the City Council of the City of National City, by Resolution No. 2008-236 , passed the 18th day of November , 2008 has awarded to; hereinafter designated as the kPrincipal", the Marina Way Storm Drain Improvements, FY 08-09 Specification No. 08-12. • 3-D ENTERPRISES, INC. WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract. NOW, THEREFORE, we, the Principal and INSURANCE COMPANY OF THE WEST as surety, are held and firmly bound unto tale City Council of the City of National City, hereinafter called the *Council", in the penal sum of One 'Hundred Nine Thousand, Pour Hundred Dollars ($109, 400.00 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our hcirs, executors, administrators and successors, jointly and severally, firmly by these presents. • THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the above bounden Principal, his/her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said contract any alteration thereof made as therein provides, on his or their part, to be kept and performed at the time and in the amount therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of National City, the City Council, their officers, agents, and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or additions to the terms of the contract or to the work or to the specifications. 29 PERFORMANCE BOND (CONTINUED) MARINA WAY STORM DRAIN IMPROVEMENTS, FY 08-09 SPECtFICATYON NO. 08-12 In the event suit is brought upon this bond by the City of National City and judgement is recovered, the surety shall pay all costsincurred 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, on the 26th day of NOVEMBER , 2008. Surety APPROVED AS TO FORM: Georg a H. Esser, III 9 City Attomey (SEAL) INSURANCE COMPANY OF THE WEST(SEAL) EAL) BY: (SEAL) (SEAL) BROOKE LAFRENZ" / (SEAL) ATTORNEY -IN -FACT Principal 30 PERFORMANCE BOND (CONTINUED) MARINA WAY STORM DRAIN IMPROVEMENTS, FY 08-09 SPECIFICATION NO. 08-12 ACKNOWLEDGEMENT ATTACHED AS PRESCRIBED BY CA CIVIL CODE SS1188-1190 ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF ) COUNTY OF ) ss On this , 2008, before me, the undersigned, a Notary Public in and for said County and State, personally appeared known to me to be the person whose name is subscribed to the within instrument as the attorney - in -fact of the , the corporation named as Surety in said instrument, and acknowledged to me that he subscribed the name of said corporation thereto as Surety, and his own name as attorney -in -fact. NOTE: Signature of those executing for Surety must be properly acknowledged. NOTE: The Attorney -in -fact must attach a certified copy of the Power of Attorney. Signature: Name (Type or Print): Notary Public m and for said County and State My Commission expires:. APPROVED AS TO FORM: By: George H. Buser, Ill City Attorney 31 CALIFORNIA ALL—PURPOSE ACKNOWLEDGMENT State of California County of San Diego On 26 November 2008 before me, personally appeared Brooke Lafrenz GLADYS D. ROGERS Commission # 1537880 Notary Public -California \1�'i San Diego County : *�. - My Comm. Expires Dec 24, 2008 Place Notary Seal Above Gladys D. Rogers, Notary Public who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my Signature OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying an the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer - Title(s): L I Partner - ❑ Limited ❑ General OO Attorney in Fact U Trustee ❑ Guardian or Conservator Li Other: Signer Is Representing: Surety Companv No. 0001128 ICW GROUP Power of Attorney Insurance Company of the West Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of California, Explorer Insurance Company, a Corporation duly organized under the laws of the State of Califomia, and Independence Casualty and Surety Company, a Corporation duly organized under the laws of the State of Texas, (collectively referred to as the "Companies"), do hereby appoint LARRY D. COGDILL, COLETTE CHISHOLM, BROOKE LAFRENZ, MICHAEL W. THOMAS, JEANETTE SEIDL their true and lawful Attomey(s)-in-Fact with authority to date, execute, sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. In witness whereof, the Companies have caused these presents to be executed by its duly authorized officers this 2nd day of January, 2008. 0 SEAL s; J .• ,9 ('`O!N1/.�,2': Jeffrey D. Sweeney, Assistant Secretary State of Califomia } ss. County of San Diego INSURANCE COMPANY OF THE WEST EXPLORER INSURANCE COMPANY INDEPENDENCE CASUALTY AND SURETY COMPANY CatiPote/ J. Douglas Browne, Senior Vice President On January 2, 2008, before me, Mary Cobb, Notary Public, personally appeared J. Douglas Browne and Jeffrey D. Sweeney, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument, the entity upon behalf of which the persons acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. Mary Cobb, Notary Public RESOLUTIONS This Power of Attomey is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant Secretary, are hereby authorized to execute Powers of Attomey appointing the person(s) named as Attorney(s)-in-Fact to date, execute, sign, seal, and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment, and the signature of any officer certifying the validity and current status of the appointment, may be facsimile representations of those signatures; and the signature and seal of any notary, and the seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typing, or photocopying." CERTIFICATE I, the undersigned, Assistant Secretary of Insurance Company of the West, Explorer Insurance Company, and Independence Casualty and Surety Company, do hereby certify that the foregoing Power of Attomey is in full force and effect, and has not been revoked, and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies, and are now in full force. th IN WITNESS WHEREOF, I have set my hand this 26 day of November , 2008 . d'rfAy-s Jeffrey D. Sweeney, Assistant Secretary To verify the authenticity of this Power of Attorney you may call 1-800-877-1111 and ask for the Surety Division. Please refer to the Power of Attomey Number, the above named individual(s) and details of the bond to which the power is attached. For information or filing claims, please contact Surety Claims, ICW Group, 11455 El Camino Real, San Diego, CA 92130-2045 or call (858) 350-2400. 1 ACORD CERTIFICATE OF LIABILITY INSURANCE OP ID CT 3DENT-1 DATE (MMIDDIYYYY) 12/02/08 PRODUCER Teague Insurance Agency, Inc. License #0525512 4700 Spring St., 4th Floor La Mesa CA 91941 Phone:619-464-6851 INSURED Fax:619-464-1901 3-D Enterprises, Inc 2180 Garnet Avenue, #2C San Diego CA 92109 • INSURER A INSURER B INSURER C INSURER D INSURER E THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW INSURERS AFFORDING COVERAGE Delos Insurance Great American Insurance Golden Eagle Ins_ Corp. : 10836 Rockhill Insurance Company The Hartford 22357 NAIC # COVERAGES 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. INSR ADD'L POLICY EFFECTIVE POLICY EXPIRATION LTR INSRD TYPE OF INSURANCE POLICY NUMBER DATE (MMIDD/YY) DATE (MMIDDIYY) LIMITS GENERAL LIABILITY EACH OCCJRRFNCF $ 1 , 000 , 000 "-DAMAGE TO RENTED B X X COMMERCIAL GENERAL LIABIL.TY GLP3895727 06/17/08 06/17/09 PREMISES (Ea occurence) s50,000 CLAIMS MADE X CCCUR MED FXP (Any one person) S excluded X XCU PERSCNAL & ADV INJURY $ 1 , 000 , 000 GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS . COMP/JP AGG S 2,000,000 PCLICY X JECOT _OC ! AUTOMOBILE LIABILITY COMBINED SNGLE LIMIT $lOOOOOO C X X •ANY AUTO BA8296209 06/17/08. 06/17/09 (Ca accident) I AL_ OWNED AJTOS ' BODILY INJURE SCHEDULED ALTOS . (Pe' persor) $ HIRED AUTOS _---., - BODILY INJURE $ NON -OWNED AUTOS (Pe• acctcen:) PROPERTvDAMAGE $ (Pe• acc pent) GARAGE LIABILITY AUTO ONLY • FA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ — . AUTO ONLY AGG .S EXCESS/UMBRELLA LIABILITY EACH OCCJRRENCE i 5 5 , 000 , 000 D X OCCUR CLAIMS MADE CUL00043502 06/17/08 06/17/09 AGGREGATE s5,000,000 S DEDUCTIBLE S X . RETENTION S 10 , 000 I $ WORKERS COMPENSATION AND X LIM IL- GI H • TOR,' FP EMPLOYERS' LIABILITY I A OIDKRM12004161 08/03/08 08/03/09 EL FACHACCIDENT $1000000 ANY PROPRIETOR/PARTNER/FXFCI.TIVF ---- OFFIC=R/MEMBEREXCLUDED'? C L DISEASE - FA EMPLOYEE S 1000000 I' ves descnbe under SPECIAL PROVISIONS below E L DISEASE -POI.. ICY I Mil $ 1000000 OTHER I E Equipment Floater 72UUMVZ0646 01/20/08 01/20/09 Equip. $100,000 Leased/Rented Ded. $1,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Re: Contract No. G0001.0-08 Marina Way Storm Drain Improvements. San Diego Metropolitan Transit System(MTS),San Diego Trolley Inc(SDTI),SanDiego & Arizona Eastern Railway(SD&AE),San Diego & Imperial Valley Railroad(SD&IV)& San Diego Transit Corporation(SDTC),their directors,officers,agents,& employees are included as additional (cont.pg 2) CERTIFICATE HOLDER CANCELLATION City of National City 1243 National City Blvd. National City CA 91950 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL *30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED TATIVE ACORD 25 (2001/08) © ACORD CORPORATION 1988 NOTEPAD: FEEDER CODE Ih1SURED1 NAME 3-I3 Enterprises°, 3DENT-1 OPID CT DA' pg.2 insured with respect to general laibility per forms CG203307/04 & CG20370704 and with respect to commercial auto per form GECA70101/07, as their interest may appear. Coverage is primary and non contributory with respect to general liability per form GAC3649CG. *10 days notice of cancellation for non payment of premium. PAGE 2 .12/02/08+ CG 20 33 (Ed. 07 04) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. SECTION II - WHO IS AN INSURED is amended to include as an Additional Insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an Additional In- sured on your policy. Such person or or- ganization is an Additional Insured only with respect to liability for "bodily injury," "prop- erty damage" or "personal and advertising in- jury" caused, in whole or in part, by: 1. your acts or omissions; or 2. the acts or omissions of those acting on your behalf; in the performance of your ongoing oper- ations for the Additional Insured. A person's or organization's status as an Ad- ditional Insured under this endorsement ends when your operations for that Additional In- sured are completed. B. With respect to the insurance afforded to these Additional Insureds, the following addi- tional exclusions apply: This insurance does not apply to: 1. "Bodily injury," "property damage" or "per- sonal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a. the preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or draw- ings and specifications; or b. supervisory, inspection, architectural or engineering activities. 2. "Bodily injury," or "property damage" oc- curring after: a. all work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the Additional Insured(s) at the location of the covered operations has been completed; or b. that portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than an- other contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. 9n qg IFri n7inal Xc Copyright, ISO Properties, Inc., 2004 POLICY NUMBER: GLP3895727 COMMERCIAL GENERAL LIABILITY Named Insured: 3-D Enterprises, Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations As required by written contract or agreement for work performed by the insured during this policy period Location: Per Certificate of Insurance Your Work Is Defined As: For work performed by the insured during this policy period when required by written contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property dam- age" caused, in whole or in part, by "your work" at the location designated and described in the sched- ule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". CG20370704 © ISO Properties, Inc., 2004 Page 1 of 1 0 GAC 3649CG (Ed. 11 06) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY NON-CONTRIBUTORY INSURANCE ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM This insurance is primary to any other insurance held by third parties with respect to work performed by you under written contractual agreements with such third parties and any other insurance which may be available to such third parties shall be non—contributory. 'Ar 1r_ At-tr.(' IrJ 11 / r\r`% Vr COMMERCIAL AUTO GOLD ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SECTION II - LIABILITY COVERAGE A. COVERAGE 1. WHO IS AN INSURED The following is added: d. Any organization, other than a partnership or joint venture, over which you maintain ownership or a majority interest on the effective date of this Coverage Form, if there is no similar insurance available to that organization. e. Any organization you newly acquire or form other than a partnership or joint venture, and over which you maintain ownership of a majority interest. However, coverage under this provision does not apply: (1) If there is similar insurance or a self -insured retention plan available to that organization; or (2) To "bodily injury" or "property damage" that occurred before you acquired or formed the organization. f. Any volunteer or employee of yours while using a covered "auto" you do not own, hire or borrow in your business or your personal affairs. Insurance provided by this endorsement is excess over any other insurance available to any volunteer or employee. g Any person, organization, trustee, estate or governmental entity with respect to the operation, maintenance or use of a covered "auto" by an insured, if: (1) You are obligated to add that person, organization, trustee, estate or govemmental entity as an additional insured to this policy by: (a) an expressed provision of an "insured contract", or written agreement; or (b) an expressed condition of a written permit issued to you by a govemmental or public authority. (2) The "bodily injury" or "property damage" is caused by an "accident" which takes place after: (a) You executed the "insured contract" or written agreement; or (b) the permit has been issued to you. GECA 701 (01i07) Includes copyrighted material of Insurance Services Offices, Inc. with its permission Page 1 of 4 2. COVERAGE EXTENSIONS a. Supplementary Payments. Subparagraphs (2) and (4) are amended as follows: (2) Up to $2500 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "Insured" at our request, including actual loss of earning up to $500 a day because of time off from work. SECTION III - PHYSICAL DAMAGE COVERAGE A. COVERAGE The following is added: 5. Hired Auto Physical Damage a. Any "auto" you lease, hire, rent or borrow from someone other than your employees or partners or members of their household is a covered "auto" for each of your physical damage coverages. b. The most we will pay for "loss" in any one "accident" is the smallest of: (1) $50,000 (2) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (3) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. If you are liable for the "accident", we will also pay up to $500 per "accident" for the actual loss of use to the owner of the covered "auto". c. Our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by an amount that is equal to the amount of the largest deductible shown for any owned "auto" for that coverage. However, any Comprehensive Coverage deductible shown in the Declarations does not apply to "loss" caused by fire or lightning. d. For this coverage, the insurance provided is primary for any covered "auto" you hire without a driver and excess over any other collectible insurance for any covered "auto" that you hire with a driver. 6. Rental Reimbursement Coverage We will pay up to $75 per day for up to 30 days, for rental reimbursement expenses incurred by you for the rental of an "auto" because of "loss" to a covered "auto". Rental Reimbursement will be based on the rental of a comparable vehicle, which in many cases may be substantially less than $75 per day, and will only be allowed for a period of time it should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your materials and equipment from the covered "auto". CECA 701 (01,07) Includes copyrighted material of Insurance Services Offices. Inc. with its permission Page 2 of 4 If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under paragraph 4. Coverage Extension. 7. Lease Gap Coverage If a long-term leased "auto" is a covered "auto" and the lessor is named as an Additional Insured - Lessor, In the event of a total loss, we will pay your additional legal obligation to the lessor for any difference between the actual cash value of the "auto" at the time of the loss and the "outstanding balance" of the lease. "Outstanding balance" means the amount you owe on the lease at the time of loss less any amounts representing taxes; overdue payments; penalties, interest or charges resulting from overdue payments; additional mileage charges; excess wear and tear charges; and lease termination fees. B. EXCLUSIONS The following is added to Paragraph 3 The exclusion for "loss" caused by or resulting from mechanical or electrical breakdown does not apply to the accidental discharge of an airbag. Paragraph 4 is replaced with the following: 4. We will not pay for "loss" to any of the following: a. Tapes, records, disks or other similar audio, visual or data electronic devices designed for use with audio, visual or data electronic equipment. b. Equipment designed or used for the detection or location of radar. c. Any electronic equipment that receives or transmits audio, visual or data signals. Exclusion 4.c does not apply to: (1) Electronic equipment that receives or transmits audio, visual or data signals, whether or not designed solely for the reproduction of sound, if the equipment is permanently installed in the covered "auto" at the time of the "loss" and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto"; or (2) Any other electronic equipment that is: (a) Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's"operating system; or (b) An integral part of the same unit housing any sound reproducing equipment described in (1) above and permanently installed in the opening of the dash or console of the covered "auto" normally used by the manufacturer for installation of a radio. D. DEDUCTIBLE The following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. (E(. 701 (01i07) Include, copv righted material of Insurance Services Offices, Inc. with its pernIission Page 3 of 4 SECTION IV. BUSINESS AUTO CONDITIONS A. LOSS CONDITIONS Item 2.a. and b. are replaced with: 2. Duties In The Event of Accident, Claim, Suit, or Loss a. You must promptly notify us. Your duty to promptly notify us is effective when any of your executive officers, partners, members, or legal representatives is aware of the accident, claim, "suit", or loss. Knowledge of an accident, claim, "suit", or loss, by other employee(s) does not imply you also have such knowledge. b. To the extent possible, notice to us should include: (1) How, when and where the accident or loss took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the accident or loss. The following is added to 5. We waive any right of recovery we may have against any additional insured under Coverage A. 1. Who Is An Insured g., but only as respects Toss arising out of the operation, maintenance or use of a covered "auto" pursuant to the provisions of the "insured contract", written agreement, or permit. B. GENERAL CONDITIONS 9. is added 9. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Your unintentional failure to disclose any hazards existing at the effective date of your policy will not prejudice the coverage afforded. However, we have the right to collect additional premium for any such hazard. COMMON POLICY CONDITIONS 2.b. is replaced by the following: b. 60 days before the effective date of cancellation if we cancel for any other reason. (;EC'A 701 (01/07) Includes copyrighted material of Insurance Services Offices, Inc with its permission Page 4 of 4 RESOLUTION NO. 2008 — 236 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO 3-D ENTERPRISES, INC., IN THE AMOUNT OF $109,400 FOR THE CONSTRUCTION OF THE STORM DRAIN PROJECT ON MARINA WAY WHEREAS, pursuant to the Disposition and Development Agreement with Marina Development Company, LLC and Sycuan Tribal Development Corporation, the City is responsible for the installation of a storm drain on Marina Way; and WHEREAS, the Engineering Department, in open session on October 30, 2008, did publicly open, examine, and declare 12 sealed bids for the construction of the Storm Drain Project on Marina Way. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards a contract for the construction of the Storm Drain Project on Marina Way Project to the lowest responsive, responsible bidder, to wit: 3-D ENTERPRISES, 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 3-D Enterprises, Inc., in the amount of $109,400 for the construction of the Storm Drain Project on Marina Way Project. Said contract is on file in the office of the City Clerk. PASSED and ADOPTED this 18th day of November 008. on Morrison, M ATTEST: Michael R. Dalla, Qity 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 18, 2008 by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Parra, Ungab, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California t A City CI: rk of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2008-236 of the City of National City, California, passed and adopted by the Council of said City on November 18, 2008. City Clerk of the City of National City, California By: Deputy City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE November 18, 2008 AGENDA ITEM NO. 11 ITEM TITLE Resolution of the City Council of the City of National City awarding a Contract to 3-D Enterprises, in the amount of $109,400 for construction of the Storm Drain Project (Specification #08-12) on Marina Way. (Funded by Tax Increment Funds) PREPARED BY Barby Tipton DEPARTMENT Engineering EXT. 4583 EXPLANATION As required by the Disposition and Development Agreement by and between the Community Development Department and Marina Gateway Development Company and Sycuan Tribal Development Corporation, the city is responsible to install a Storm Drain on Marina Way. Although the construction of the storm drain is a part of Marina Gateway Project, it will be constructed as a separate project and therefore, will not be included in the Marina Gateway construction specifications. The storm drain project includes the installation of three 12" PVC pipes with steel encasement, one 18" PVC pipe, two storm drain cleanouts and four storm drain connections to existing cleanout and inlet. Also included is the repair and replacement of existing irrigation and landscaping. On October 30, 2008, 12 bids for the Marina Way Storm Drain Project were opened. (Please see attached Bidders' Proposal Sheet for details of the three lowest bidders.) The apparent lowest bidder, 3-D Enterprises came in a $109,400. Their bid package was reviewed and found to be in accordance to the City's bid awarding requirements. The total of the project is estimated to be $147,690. This amount includes the construction bid price of $109,400 plus 20% for contingencies ($21,880), 10% for construction management services ($10,940), and approximately 5% for testing and inspection ($5,470). Environmental Review X N/A Financial Statement MIS Approval Approved By: Finance Director Funds are available in expenditure account 511-409-500-598-3852 (Marina Way Storm Drain). Account No. STAFF RECOMMENDATION Adopt the Resolut • n. 0e---)e-k.f BOARD / COMMISS • N RECOMMENDATION N/A ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. Bid Opening Information Sheet 3. Bid Proposal Spreadsheet for the 3 lowest bidders 1b A-200 (Rev. 7/03) o n City of National City Office of the City Clerk 1.243 National City Boulevard, National City, CA 91950-4397 Michael R. Della, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 December 18, 2008 Mr. Shawn Elihu President 3-D Enterprises, Inc. 2180 Garnet Avenue #2C San Diego, CA 92109 Dear Mr. Elihu, On November 18th, 2008, Resolution No. 2008-236 was passed and adopted by the City Council of the City of National City, awarding a contract to 3-D Enterprises, Inc. 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