Loading...
HomeMy WebLinkAbout2009 CON PTM General Engineering Services - Safe Routes To School, FY 09-10CONTRACT NATIONAL CITY SAFE ROUTES TO SCHOOL PROJECT, FY 09-10 SPECIFICATION NO. 09-14 THIS CONTRACT, made and entered into this 2°d day of September, 2009 by and between the City of National City, California, herein after designated as the "City", and PTM General Engineering Services, 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 SAFE ROUTES TO SCHOOL PROJECT, FY 09-10 SPECIFICATION NO. 09-14 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. 20 CONTRACT (CONTINUED) NATIONAL CITY SAFE ROUTES TO SCHOOL PROJECT, FY 09-10 SPECIFICATION NO. 09-14 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 be enter 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. 21 CONTRACT (CONTINUED) NATIONAL CITY SAFE ROUTES TO SCHOOL PROJECT, FY 09-10 SPECIFICATION NO. 09-14 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: ,��' General Engineering Services, Inc. By: / Elizabeth H. Mendoza de McRae Title: CITY: By: resident/CFO Title: Vice President/Secretary Federal ID. No. 20-5693645 Title: Mayor, City of National City ATTEST: Title: City Clerk, City of National City (Notary acknowledgement of execution by all PRINCIPALS OF CONTRACTOR must be attached.) 22 ACKNOWLEDGMENT State of California County of Riverside On Del/<6 /e before me, Elizabeth H.M. McRae, Notary Public (insert name and title of the officer) personally appeared Brian Mendoza who proved to me on the basis of satisfactory evidence to be the person(x) whose name($ is/aaex subscribed to the within instrument and acknowledged to me that he/SWIMS/ executed the same in his/kw/diatr authorized capacity, and that by his/Warttheir signature() on the instrument the person(*, or the entity upon behalf of which the person(x) 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. Signature (Seal) ELi7ABETH N.i'v1 mcRAI COMM # 1668 768 NOTARY Pi3UUC. ^,A1 FORMA P.,IVERSiDE COU'rr My COMM. Exr Aura 1, 2014 State of California County of Riverside On m Ql(C/oy ACKNOWLEDGMENT ) before me, Brian Mendoza, Notary Public (insert name and title of the officer) personally appeared Elizabeth H. Mendoza de McRae who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 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. Signature ek)(Seal) BRIAN H. MENDOZA CoMM. # 1686770 ,n NOTARY PUBLIC-CALIFORNIA RnERS10E COUNTY .. MY CONY. Exv, Auo. 1, 2010 f CONTRACT (CONTINUED) NATIONAL CITY SAFE ROUTES TO SCHOOL PROJECT, FY 09-10 SPECIFICATION NO. 09-14 CORPORATE CERTIFICATE I, Brian Mendoza certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that Elizabeth H. Mendoza de McRae who signed said contract on behalf of the Contractor, was then President/CFO of said Corporation; that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers. Brian Mendoza certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that Brian Mendoza , who signed said contract on behalf of the Contractor, was then Vice President/Secretary of said Corporation; that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers. Corporate Seal: 23 CONTRACT (CONTINUED) NATIONAL CITY SAFE ROUTES TO SCHOOL PROJECT, FY 09-10 SPECIFICATION NO. 09-14 PARTNERSHIP CERTIFICATE STATE OF ) COUNTY OF ) ) ss On this day of , 2009, before me, the undersigned, a Notary Public in and for said County and State, personally appeared: (Notary 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: 24 EMERGENCY NOTIFICATION LIST NATIONAL CITY SAFE ROUTES TO SCHOOL PROJECT, FY 09-10 SPECIFICATION NO. 09-14 DATE: 09/16/09 In reference to Section 7-6 of the Standard Specifications my/our representatives at the • construction site for the above subject project will be: Name Emergency Telephone Number(s) Brian Mendoza 951.722.5755 Name Emergency Telephone Number(s) I am aware that one of the named representative(s) shall be present at the work site whenever work is in progress. Further, each of these responsible persons can be contacted in an emergency situation and have complete authority toiact on the Contractor's behalf. PTM Gen ra Engineering Services, Inc. Signature f Contractor Elizabeth H. Mendoza de McRae President/CFO Name and Title Signature of Contractor Brian Mendoza Vice President/Secretary Name and Title Note: Two signatures are required if a corporation. 33 ISSUED IN THREE (3) ORIGINAL COUNTERPARTS BOND NUMBER SU 1103286 PERFORMANCE BOND NATIONAL CITY SAFE ROUTES TO SCHOOL PROJECT, FY 09-10 SPECIFICATION NO. 09-14 KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City Council of the City of National City, by Resolution No. 2009- 215, passed the 2nd day of September, 2009 has awarded to PTM General Engineering Services, hereinafter designated as the "Principal", the National Ciry Safe Routes to School Project, FY 09-10 Specification No. 09-14. 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 ARCH INSURANCE COMPANY as surety, are held and firmly bound unto the City Council of the Ciry of National City, hereinafter called the "Council", in the penal sum of Five Hundred Ninety Five Thousand and Five Hundred Eiger Dollars and No/100 6595,580.00) 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 inthe 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 herein or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or additions to the terms of the contract or to the work or to the specifications. 25 PERFORMANCE BOND (CONTINUED) NATIONAL CITY SAFE ROUTES TO SCHOOL PROJECT, FY 09-10 SPECIFICATION NO. 09-14 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 incurred 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 15TH day of SEPTEMBER , 2009. PTM GENERAL ENGINEERING ARCH INSU j'NCECOMPANY (SEAL) SEVS, INC. (SEAL) (SEAL) c't PHILIP VEGA, 'TTORNEY-in-FACT (SEAL) (SEAL) SE Surety Principal APPROVED AS TO FORM: -,) 1st - George H. Eiser, III City Attorney 26 PERFORMANCE BOND (CONTINUED) NATIONAL CITY SAFE ROUTES TO SCHOOL PROJECT, FY 09-10 SPECIFICATION NO. 09-14 ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF ) COUNTY OF ) ss On this , 2009, before me, the undersigned, a Notary Public in and for said County and State, personally appeared known to me to be the person whose name is subscribed to the within instrument as the attorney -in -fact of the , the corporation named as Surety in said instrument, and acknowledged to me that he subscribed the name of said corporation thereto as Surety, and his own name as attorney -in -fact. NOTE: Signature of those executing for Surety must be properly acknowledged. NOTE: The Attorney -in -fact must attach a certified copy of the Power of Attorney. Signature: Name (Type or Print): Notary Public in and for said County and State My Commission expires: APPROVED AS TO FORM: By: George I-1. Eiser, III City Attorney 27 POWER OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri (hereinafter referred to as the "Company") does hereby appoint Philip E. Vega and Frank Morones of Covina, CA (EACH) its true and lawful Attortiey(s)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these presents 'shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Kansas City, Missouri. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attomey is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and fled with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. 00ML0013 00 03 03 Page 1 of 2 Printed in U.S.A. In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 1st day of May , 20 08 Arch Insurance Company Attested and Certified Martin J. Nils -' , Secretary STATE OF PENNSYLVANIA SS COUNTY OF PHILADELPHIA SS I, Brian C. Kuhn, a Notary Public, do hereby certify that Martin J. Nilsen and J. Michael Pete personally known to me to be the same persons whose names are respectively as Secretary and Vice President of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. CERTIFICATION COMMONWEALTH OF PENMSYLVANIA NOTARIAL SEAL Brian C. Kuhn, Notary Public City of Philadelphia, Philadelphia County My commission expires December 06, 2011 Brian C. Kuhn, Notary Public My commission expires 12-06-2011 I, Martin J. Nilsen, Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated May 1, 2008 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said J. Michael Pete, who executed the Power of Attorney as Vice President, was on the date of execution of the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporre s;-I of the Arch Insurance Company on this 1 5th day of September , 20 09 . Martin J. N fen, Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: Arch Surety 3 Parkway, Ste. 1500 Philadelphia, PA 19102 00ML0013 00 03 03 Page 2 of 2 Printed in U.S.A. ACKNOWLEDGMENT State of California County of Riverside On 091rG74 before me, Elizabeth H.M. McRae, Notary Public (insert name and title of the officer) personally appeared Brian Mendoza who proved to me on the basis of satisfactory evidence to be the person() whose name(%) is/ex subscribed to the within instrument and acknowledged to me that he/trey executed the same in hishmittkeir authorized capacity( J, and that by his/wear 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 hind official seal. Signature (Seal) - ¢G.,,x E IZAC,� T1i h.%; ,jti1CPAE 1. ?'S1 ';OUNTY ;,"/ MY Cost ExP. AUG. 7. 201c) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles 9/15/09 On before me, Dale personally appeared Philip Vega } Monica Blaisdell, Notary Here Insert Name and Title of the officer Narne(s) of Sgner(s) MONICA BLAISDELL i Commission # 1794078 t Notary Public - California z Orange County My Comm. Expires Mar26, 2012 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(I whose name(k) is/4 subscribed to the within instrument and acknowledged to me that he/e/xbexecuted the same in his/rfpyauthorized capacity(t+ X and that by his/ t signature(gkon the instrument the person(), or the entity upon behalf of which the person(x) acted, executed the instrument. l 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. Signature 'c'` "V�- Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons retying 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: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: • 'Individual ❑ Corporate Officer — Title(s): Li Partner — ❑ Limited L i General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT 6F SIGNEr1 Top of thumb here Signer's Name: 0 Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited L] General ❑ Attorney in Fact 0 Trustee 0 Guardian or Conservator Q Other: Signer Is Representing: 02007 National Notary Association • 9350 De Soto Ave, P.O. Box 2402 •Chatsworth, CA 91313-2402• www.NatiohalNotary.org Item $5907 Reorder: Call Toll -Free 1-800-876-6827 ISSUED IN THREE (3) ORIGINAL COUNTERPARTS BOND NUMBER SU 1103286 PAYMENT BOND NATIONAL CITY SAFE ROUTES TO SCHOOL PROJECT, FY 09-10 SPECIFICATION NO. 09-14 KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City Council of the City of National City, by Resolution No. 2009-215, passed the 2nd'h day of September, 2009 has awarded to PTM General Engineering Services, Inc., hereinafter designated as the "Principal", the National City Safe Routes to School Project, FY 09-10 Specification No. 09-14. 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 ARCH INSURANCE COMPANY 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 Five Hundred Ninety Five Thousand and Five Hundred Eighty Dollars and No/ 100 (595,580.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his/her or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay any_ of_the. persons.. named .in Section _3.18-1_ .of_ the -California__Ci-v-il—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. 28 PAYMENT BOND (CONTINUED) NATIONAL CITY SAFE ROUTES TO SCHOOL PROJECT, FY 09-10 SPECIFICATION NO. 09-14 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 15TH day of SEPTEMBER , 2009. PTM GENERAL ENGINEERING ARCH I S RANCE COMPANY (SEAL) SERVICES, INC. (SEAL) i1\\ (SEAL) (SEAL) - err itAc—e7;----7,;6"(PHILIP VE A, TORNEY in FACT (SEAL) i�r'�� Surety Principal APPROVED AS TO FORM: George H. El r, III City Attomey 29 PAYMENT BOND (CONTINUED) NATIONAL CITY SAFE ROUTES TO SCHOOL PROJECT, FY 09-10 SPECIFICATION NO. 09-14 ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF ) ss COUNTY OF ) On this day of , 2009, before me, the undersigned, a Notary Public in and for said County and State, personally appeared known to me to be the person whose name is subscribed to the within instrument as the attorney -in -fact of the , the corporation named as Surety in said instrument, and acknowledged to me that he subscribed the name of said corporation thereto as Surety, and his own name as attorney -in -fact. NOTE: Signature of those executing for Surety must be properly acknowledged. NOTE: The Attorney -in -fact must attach a certified copy of the Power of Attorney. Signature: Name_ Type or Print): Notary Public in and for said County and State My Commission expires: APPROVED AS To FORM: By: George I{. Eiser, III City Attorney 30 POWER OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri (hereinafter referred to as the "Company") does hereby appoint Philip E. Vega and Frank Morones of Covina, CA (EACH) its true and lawful Attortiey(s)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these presents `shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Kansas City, Missouri. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. 00ML0013 00 03 03 Page 1 of 2 Printed in U.S.A. In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 1st day of May , 20 08 Attested and Certified Martin J. Nils;' , Secretary STATE OF PENNSYLVANIA SS COUNTY OF PHILADELPHIA SS Arch Insurance Company J. Mi ha: 'ete, ice "r:! ident I, Brian C. Kuhn, a Notary Public, do hereby certify that Martin J. Nilsen and J. Michael Pete personally known tome to be the same persons whose names are respectively as Secretary and Vice President of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. CERTIFICATION COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Brian C. Kuhn, Notary Public City of Philadelphia, Philadelphia County My commission expires December 06, 2011 Brian C. Kuhn, Notary Public My commission expires 12-06-2011 I, Martin J. Nilsen, Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated May 1, 2008 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said J. Michael Pete, who executed the Power of Attorney as Vice President, was on the date of execution of the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corpor`e s- .I of the Arch Insurance Company on this 1 5th day of September , 20 09 . Martin J. N,en, Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: Arch Surety 3 Parkway, Ste. 1500 Philadelphia, PA 19102 00ML0013 00 03 03 Page 2 of 2 Printed in U.S.A. ACKNOWLEDGMENT State of California County of Riverside On D96 /✓y before me, Elizabeth H.M. McRae, Notary Public (insert name and title of the officer) personally appeared Brian Mendoza who proved to me on the basis of satisfactory evidence to be the person(x) whose name(s) is/cex subscribed to the within instrument and acknowledged to me that he/at-100w executed the same in his/#l,tr authorized capacityi, and that by his/fir signature(k) on the instrument the person(44, or the entity upon behalf of which the person(s) 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 h nd nd! official seal. Signature (Seal) ce EUZA l Try H. ✓a .. M R1AE d COMM # l68pi `�', SJ' ( NOTARY Put_IC-CALIFORNIA Ut RIVERSIDE' COUNTY Ur COMM_ EXP AUG. 7, 2010 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On 9/ 1 5/ 0 9 before me, Dale } Monica Blaisdell, Notary personally appeared Philip Vega Here Insert Name and Title of the Officer Names) of Signer(s) MONICA BLAISDELI M Commission # 1794078 t Notary Public - California £ Orange County MyComm. Expires Mar26, 2012 Plaoe Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person( whose names;) isiiffia subscribed to the within instrument and acknowledged to me that he/Rie/executed the same in his/r/tauthorized capacity*XX and that by his (tJ signature(on the instrument the person(), or the entity upon behalf of which the person(x) 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. Signature OPTIONAL 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: Document Date: Number of Pages: Signer(s) Other Than Named Above: Signature of Notary Public Capacity(les) Claimed by Signer(s) Signer's Name: • "Individual ❑ Corporate Officer — Title(s): L1 Partner — D Limited U General ❑ Attorney in Fact Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: HIGHT 7 HUM PAINT OF SIGNER Top of thumb here Signer's Name: ❑ Individual ❑ Corporate Officer — Titfe(s): 0 Partner — CJ Limited LI General ❑ Attorney in Fact O Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2007 NaUonal Notary Association • 9350 De Soto Ave, P.O. Sox 2402 •Chatsworth, CA 91313-2402• www.NatlonalNotary.org Item #59137 Reorder: Call Toll•Free 1-800-876-68V RESOLUTION NO. 2009 — 215 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT IN THE AMOUNT OF $595,580.00 TO PTM GENERAL ENGINEERING SERVICES, INC. FOR THE NATIONAL CITY SAFE ROUTES TO SCHOOL PROJECT, FY 09-10 (SPEC. NO. 09-14) AND AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT (FUNDING AVAILABLE THROUGH STATE SAFE ROUTES TO SCHOOL GRANT, STATE OFFICE OF TRAFFIC SAFETY GRANT AND GENERAL FUND) WHEREAS, the City Engineer of the City of National City did, in open session on August 11, 2009, publicly open, examine and declare all sealed bids for Spec.No. 09-14 for the Safe Routes to School Project. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of National City hereby awards the contract for the Safe Routes to School Project to the lowest responsive bidder, to wit: PTM General Engineering Services, Inc. BE IT FURTHER RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute on behalf of the City a contract between PTM General Engineering Services, Inc. and the City of National City in the amount of $595,580.00 for the Safe Routes to School Project. PASSED and ADOPTED this 1st day of September, 2009. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Kiser, III City Attorney on Morrison, Mayor Passed and adopted by the Council of the City of National City, California, on September 1, 2009 by the following vote, to -wit: Ayes: Councilmembers Morrison, Parra, Sotelo-Solis, Van Deventer, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California City Jerk of the City of N tional City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2009-215 of the City of National City, California, passed and adopted by the Council of said City on September 1, 2009. City Clerk of the City of National City, California By: Deputy t,l ' V - ( `� City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE September 1, 2009 AGENDA ITEM NO. 16 ITEM TITLE A Resolution of the City Council of the City of National City awarding a contract in the amount of $595,580.00 to PTM General Engineering Services, Inc. for the National City Safe Routes to School Project, FY 09-10 (Spec. No. 09-14) and authorizing the Mayor to execute the contract (funding available through State Safe Routes to School Grant, State Office of Traffic Safety Grant and General Fund) PREPARED BY DEPARTMENT EXT. 4382 Stephen Manganiello Development Services / Engineering EXPLANATION See attached. Environmental Review X N/A Financial Statement Funds available in account #s: 323-409-500-598-6168 (Safe Routes to School Grant) 314-409-500-598-6574 (State Office of Traffic Safety Grant) 001-409-500-598-6168 (General Fund) MIS Approval Approved By: Finance Director Account No STAFF RECOMMENDATION Adopt the Resolu BOARD / COMMISS •ni/ • N RECOMMENDATION N/A - ATTACHMENTS (Listed Below) Resolution No. ' 1. Resolution 2. Bid Opening Information Sheet 3. Bid Summary for the three lowest bidders A-200 (Rev. 7/03) City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Dalla, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 September 24, 2009 Ms. Elizabeth Mendoza de McRae PTM General Engineering Services, Inc. 5942 Acorn Street Riverside, CA 92504 Dear Ms. Mendoza de McRae, On September 1st, 2009, Resolution No. 2009-215 was passed and adopted by the City Council of the City of National City, awarding a Contract to PTM General Engineering Services, Inc. We are enclosing for your records a certified copy of the above Resolution and a fully executed original Contract. Sincerely, Michael R. Dalla, CMC City Clerk Enclosures cc: Engineering Department ® Recycled Paper