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HomeMy WebLinkAbout2009 CON Palm Engineering - Parks Rehab, Phase 4CONTRACT NATIONAL CITY PARKS REHABILITATION AND ADA IMPROVEMENTS PROJECT (PHASE 4) SPEC. NO. 09-07 THIS CONTRACT, made and entered into this 6'h day of October, 2009 by and between the City of National City, California, herein after designated as the "City", and Palm Engineering Construction Company, 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: NATIONAL CITY PARKS REHABILITATION AND ADA IMPROVEMENTS PROJECT (PHASE 4) SPEC. NO. 09-07 and to perform and complete in a good and workmanlike manner all the work pertaining thereto shown on the plans and specifications therefore; to furnish at his own proper cost and expense all tools, equipment, labor and materials necessary therefore; and to do everything required by this agreement and the said plans and specifications. 2. For furnishing all said materials and labor, tools and equipment, and doing all the work contemplated and embraced in this Contract, also for all loss and damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the work until its acceptance by the City and for all risks of every description connected with the work; also, for all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as in said specifications are expressly stipulated to be borne by the City and for well and faithfully completing the work and the whole thereof, in the manner shown and described in the said plans and specifications, the City will pay and the Contractor shall receive in full compensation therefore the sum of Sixty Six Thousand Dollars and No Cents ($66,000.00). 3. The City hereby promises and agrees to employ, and does hereby employ said Contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to for the price aforesaid and hereby conditions set forth in the specification; and the said parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained. 27 CONTRACT (CONTINUED) NATIONAL CITY PARKS REHABILITATION AND ADA IMPROVEMENTS PROJECT (PHASE 4) SPEC. NO. 09-07 4. The Notice Inviting Bids, Instructions To Bidders, Bid Forms, Agreement and Bond Forms, Construction Administration Forms, Completion of the Project Forms, General Requirements and General Conditions, Drawings and Specifications, Addenda, Allowances, and all amendments thereof, are hereby incorporated in and made part of this Contract. 5. The City, the City's representative, the Architect, the Consultants and authorized volunteers shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work, of for injury or damage to any person or persons, either workers, employees of Contractor or its subcontractors or the public, or for damage to adjoining or other property, from any cause whatsoever arising out of or in connection with the performance of the work. The Contractor shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever arising out of or in connection with the performance of the work, provided, however, that the Contractor shall not be liable for the sole established negligence, willful misconduct or active negligence of the City, its representatives, employees, agents and authorized volunteers who are directly responsible to the City. a. Contractor shall indemnify the City, City Council, City officials, City employees, City representatives, and authorized volunteers against and will hold and save them and each of them harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm entity, corporation, political subdivision or other organization arising out of or in connection with the work, operation or activities of Contractor, its agents, employees, subcontractors or invitees, provided for herein, whether or not there is concurrent passive or active negligence on the part of the City, City Council, City officials, City employees, City representatives, and authorized volunteers, but excluding such actions, claims, damages to persons or property penalties, obligations or liabilities arising from the sole established negligence, willful misconduct or active negligence of the City, City Council, City officials, City employees, City representatives, authorized volunteers, or those who are directly responsible to them; and in connection therewith: 1) Contractor will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorney's fees incurred in connection therewith. 2) Contractor will promptly pay any judgment rendered against Contractor, the City, City Council, City officials, City employees, City representatives, and authorized volunteers covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations, or activities of Contractor hereunder and Contractor agrees to save and hold the City, City Council, City officials, City employees, City representatives, and authorized volunteers harmless there from. 28 CONTRACT (CONTINUED) NATIONAL CITY PARKS REHABILITATION AND ADA IMPROVEMENTS PROJECT (PHASE 4) SPEC. NO. 09-07 3) In the event the City, City Council, City officials, City employees, City representatives, and authorized volunteers are made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the Work, or operation or activities of Contractor hereunder, Contractor agrees to pay to the City, City Council, City officials, City employees, City representatives, and authorized volunteers any and all costs and expenses incurred by the City, City Council, City officials, City employees, City representatives, and authorized volunteers in such action or proceeding together with reasonable attorney's fees. 4) The City may retain, to the extent it deems necessary, the money due to the Contractor under and by virtue of the Contract Documents until disposition has been made of such actions or claims for damages as specified herein above. 6. Claims, disputes and other matters in question between the parties to this Contract, arising out of or relating to this Contract or the breach thereof, may be decided by arbitration if both parties to this Contract consent in accordance with the rules of the American Arbitration Association then obtaining unless the parties mutually agree otherwise. No arbitration arising out of or relating to this Contract, shall include, by consolidation, joinder or in any other manner, any additional person not a party to this Contract except by written consent containing a specific reference to this Contract and signed by CONTRACTOR, CITY, and any other person sought to be joined. (Any Consent to arbitration involving an additional person or persons shall not constitute consent of any dispute not described therein or with any person not named or described therein.) This agreement to arbitrate and any agreement to arbitrate with an additional person or persons duly consented to by the parties to this Contract shall be specifically enforceable under the prevailing arbitration law. Notice of the demand for arbitration is to be filed in writing with the other party to this Contract and with the American Arbitration Association. The demand is to be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event is the demand for arbitration to be made after the date when institution of legal or equitable proceedings based on such claim; dispute or other matter in question would be barred by the applicable statute of limitations. The award rendered by the arbitrators shall be final and judgment may be 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. 29 CONTRACT (CONTINUED) NATIONAL CITY PARKS REHABILITATION AND ADA IMPROVEMENTS PROJECT (PHASE 4) SPEC. NO. 09-07 8.If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys fees. 9. Each and every provision of law and clause required to be inserted in this Contract shall be deemed to be inserted herein and this Contract shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted or is not inserted correctly, then upon application of either party the Contract shall forthwith by physically amended to make such insertion or correction. 10. In accordance with Government Code, Section 8546.7, records of both the City and the Contractor shall be subject to examination and audit for a period of three (3) years after final payment. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed in three counterparts, each of which shall be deemed an original the day and year first above written. CONTRACTOR: By: J`r) Rc -ix t 4161111044 Title: }�-ldont By: •Pasl sYrja�YbGiz1 CITY: Title: Tre4SoY� - Federal ID. No. i l -ccri -RA By: Title: !yor, City of National City ATTEST: By: h J Title: C ty Clerk, Cfty of Pational City 30 (Notaries acknowledgement of execution by all PRINCIPALS OF CONTRACTOR shall be attached.) 31 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT Title or Type of Document flan Number of Pages I Of- I Date Of Document iO 1`111 �-1 f an*Aci Signer(s)other than named below CERTIFICATE OF ACKNOWLEDGEMENT STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) On 101211011 before me, Ve oni ra L. Mora , Notary Public, personally appeared - -Shah ) f fC&CAP111' Tre s, who proven to me on the basis of satisfactory evidence to be the person(aQwhose name(* is/a%e subscribed to be within instrument and acknowledged to me that he/s)de/tky executed the same in his/btr/tgir authorized capacity(i), and that by his/1/t0r signature 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. VER: ICA L. MORA NOTARY PUBLIC VERONICA L. MORA Commission # 1637836 Notary Public - California t San Diego County I My Comm. Expires Jan 14.2010 SEAL CONTRACT (CONTINUED) NATIONAL CITY PARKS REHABILITATION AND ADA IMPROVEMENTS PROJECT (PHASE 4) SPEC. NO. 09-07 CORPORATE CERTIFICATE I LSt1A1,ghbi named as Contractor TY ems, Contractor, was then Corporation; that said contract was authority of its governing body and is certify that I am the Secretary of the Corporation in the foregoing Contract; that , who signed said contract on behalf of the rF'Cl of said duly signed for and in behalf of said Corporation by 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 body and is within the scope of its corporate powers. Corporate Seal: 32 CONTRACT (CONTINUED) NATIONAL CITY PARKS REHABILITATION AND ADA IMPROVEMENTS PROJECT (PHASE 4) SPEC. NO. 09-07 PARTNERSHIP CERTIFICATE STATE OF ) ) ss COUNTY OF ) W1A On this day of , 200, 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: 33 EXECUTED IN TRIPLICATE BOND N0. 4072006 PREMIUM: $950.00 Premium Is For Contract Term PERFORMANCE BOND And Is Subject To Adjustment Based On Final Contract Price NATIONAL CITY PARKS REHABILITATION AND ADA IMPROVEMENTS PROJECT (PHASE 4) SPEC. NO. 09-07 KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City Council of the City of National City, by Resolution No. 2009-233, passed the 6' Day of October, 2009 has awarded to Palm Engineering Construction Company, Inc. hereinafter designated as the "Principal", the NATIONAL CITY PARKS REHABILITATION AND ADA IMPROVEMENTS PROJECT. 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 THE OHIO CASUALTY 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 Sixty Six Thousand Dollars and No Cents ($66,000.00) 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 in the said contract any alteration thereof made as therein provides, on his or their part, to be kept and performed at the time and in the amount therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of National City, the City Council, their officers, agents, and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed there under or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change. extension of time, alteration or additions to the terms of the contract or to the work or to the specifications. 34 BY: PERFORMANCE BOND (CONTINUED) NATIONAL CITY PARKS REHABILITATION AND ADA IMPROVEMENTS PROJECT (PHASE 4) SPEC. NO, 09-07 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 20TH day of OCTOBER , 200 9 . THE 0HI0 CASUALTY PALM ENGINEERING INSURANCE ICOMP ANYI (SEAL) CONSTRUCT CS COMPANY. INC. (SEAL) MATTHEW C.GAYNOR, ATTORNEY -IN -FACT Surety (SEAL) BY : (SEAL) (SEAL) RASOUL SHAHBAZI, PRESIDENT (SEAL) Principal 35 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5193 State of California County of SAN DIEGO On 10/20/2009 before me, MICHELLE M. BASUIL, NOTARY PUBLIC personally appeared MATTHEW C. GAYNOR 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. MICHELLE M. BASUIL COMM. #1862575 Y, ,`1R NOTARY PUBLIC-CALIFORNIA z .4 rr SAN DIEGO COUNTY My Comm. Exp. AUG 24, 2013 WITNESS my hand and official seal. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. "s).(2.6/a % "7 Sad uc.V Signature of Notary OPTIONAL SECTION OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. ❑ INDIVIDUAL ❑ CORPORATE OFFICER(S) TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 4 PERFORMANCE BOND (CONTINUED) NATIONAL CITY PARKS REHABILITATION AND ADA IMPROVEMENTS PROJECT (PHASE 4) SPEC. NO. 09-07 ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF COUNTY OF On this day of and for said ) ss , 200_, before me, the undersigned, a Notary Public in County and State, personally appeared known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he Surety, and his own name as attorney -in -fact. NOTE: Signature of those executing for Surety must be properly acknowledged. instrument as the attorney -in -fact of the , the corporation named as Surety in said subscribed the name of said corporation thereto as 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: 7 _) A J ��/i1je George H, Eiser, III City Attorney 36 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. CERTIFIED COPY OF POWER OF ATTORNEY THE OHIO CASUALTY INSURANCE COMPANY No. 42-271 Know All Men by These Presents: That THE OHIO CASUALTY INSURANCE COMPANY, an Ohio Corporation, pursuant to the authority granted by Article Ill, Section 9 of the Codc of Regulations and By -Laws of said Company, does hereby nominate, constitute and appoint: John G. Maloney, Helen Maloney, Mark D. latarola, Matthew C. Gaynor or Deborah D. Davis of Escondido, California its true and lawful agent (s) and attorney (s)-in-fact, to make, execute, seal and deliver for and on its behalf as surety, and as its act and deed any and all BONDS, UNDERTAKINGS, and RECOGNIZANCES, not exceeding in any single instance TWENTY MILLION ($20,000,000.00) Dollars, excluding, however, any bond(s) or undertaking(s) guaranteeing the payment of notes and interest thereon And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Fairfield, Ohio, in their own proper persons: The authority granted hereunder supersedes any previous authority heretofore granted the above named attorney(s)-in-fact. In WITNESS WHEREOF, the undersigned officer of the said The Ohio Casualty Insurance Company has hereunto subscribed his name and affixed the Corporate Seal of the said The Ohio Casualty Insurance Company this 9th day of April, 2009. J. Timothy D'Errico, Assistant Secretary STATE OF OHIO, COUNTY OF BUTLER On this 9th day of April, 2009 before the subscriber, a Notary Public of the State of Ohio, in and for the County of Butler, duly commissioned and qualified, came J. Timothy D'Errico, Assistant Secretary of THE OHIO CASUALTY INSURANCE COMPANY, to me personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn deposes and says, that he is the officer of thc Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and his signature as officer were duly affixed and subscribcd to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto sct my hand and affixed my Official Seal at the City of Hamilton, State of Ohio, the day and year first above written, M i l vc�t;5 Notary Public in and for County of Butler, State of Ohio My Commission expires August 17, 2013. This power of attorney is granted under and by authority of Article III, Section 9 of the Codc of Regulations and By -Laws of The Ohio Casualty Insurance Company, extracts from which read: Article III, Section 9. Appointment of Attornevs-in-Fact. The Chairman of the Board, the President, any Viec-President, the Secretary or any Assistant Secretary of the corporation shall be and is hereby vested with full power and authority to appoint attorneys -in -fact for the purpose of signing the name of the corporation as surety to, and to execute, attach the seal of the corporation to, acknowledge and deliver any and all bonds, recognizances, stipulations, undertakings or other instruments of suretyship and policies of insurance to be given in favor of any individual, firm, corporation, partnership, limited liability company or other entity, or the official representative thereof, or to any county or state, or any official board or boards of any county or state, or the United States of America or any agency thereof, or to any other political subdivision thereof This instrument is signed and sealed as authorized by the following resolution adopted by the Boards of Directors of the Companies on October 21, 2004: RESOLVED, That the signature of any officer of the Company authorized under Article III, Section 9 of its Code of Regulations and By-laws and the Company seal may be affixed by facsimile to any power of attorney or copy thereof issued on behalf of the Company to make, execute, seal and deliver for and on its behalf as surety any and all bonds, undertakings or other written obligations in the nature thereof; to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment. Such signatures and seal are hereby adopted by the Company as original signatures and seal and shall, with respect to any bond, undertaking or other written obligations in thc nature thereof to which it is attached, be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATE I, the undersigned Assistant Secretary of The Ohio Casualty Insurance Company, do hereby certify that the foregoing power of attorney, the referenced By -Laws of the Company and the above resolution of its Board of Directors are true and correct copies and are in full force and effect on this date. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Company this 20TH day of OCTOBER A.D., 2009 Assistant Secretary EXECUTED IN TR.I.PLICATE BOND NO. 4072006 PREMIUM INCLUDED IN PERFORMANCE BOND PAYMENT BOND NATIONAL CITY PARKS REHABILITATION AND ADA IMPROVEMENTS PROJECT (PHASE 4) SPEC. NO. 09-07 KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City Council of the City of National City, by Resolution No, 2009-233, passed the 6th Day of October, 2009 has awarded to Palm Engineering Construction Company, Inc., hereinafter designated as the "Principal", the NATIONAL CITY PARKS REHABILITATION AND ADA IMPROVEMENTS PROJECT WHEREAS, said Principal is required by Chapter 5 (commencing at Section 3225) and Chapter 7 (commencing at Section 3247), Title 15, Part 4, Division 3 of the California Civil Code to furnish a bond in connection with said contract; NOW, THEREFORE, we, the Principal and THE OHIO CASUALTY 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 Sixty Six Thousand Dollars and No Cents ($66,000.00) 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 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. 37 BY: PAYMENT BOND (CONTINUED) NATIONAL CITY PARKS REHABILITATION AND ADA IMPROVEMENTS PROJECT (PHASE, 4) SPEC. NO. 09-07 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 20TH day of OCTOBER , 200 9 . THE OHIO CASUALTY PALM ENGINEERING INSURANCE COMP (SEAL) CON TRj1CTION COMPANY. INC. (SEAL) (SEAL) BY: (SEAL) MATTHEW C. GAYNOR ATTORNEY —IN —FACT Surety (SEAL) RASOUL SHAHBAZI, PRESI)ENT(SEAL) Principal 38 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5193 `CGGc�G'�Y State of California County of SAN DIEGO On 10/20/2009 before me, MICHELLE M. BASUIL, NOTARY PUBLIC personally appeared 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. MATTHEW C. GAYNOR MICHELLE M. BASUIL _ COMM. #1862575 3 3r' : J. NOTARY PUBLIC-CAUFORNIA N SAN DIEGO COUNTY My Comm. Exp. AUG 24.2013 THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: WITNESS my hand and official seal.p d�4tGX1 Signature of Notary OPTIONAL SECTION TITLE OR TYPE OF DOCUMENT OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. ❑ INDIVIDUAL ❑ CORPORATE OFFICER(S) TITLEIS) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) NUMBER OF PAGES DATE OF DOCUMENT Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. SIGNER(S) OTHER THAN NAMED ABOVE 6 PAYMENT BOND (CONTINUED) NATIONAL CITY PARKS REHABILITATION AND ADA IMPROVEMENTS PROJECT (PHASE 4) SPEC. NO. 09-07 ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF COUNTY OF ) ss On this day of , 200, before me, the undersigned, a Notary Public in and for said County and State, personally appeared known to me to be the person whose name is subscribed to the within instrument as the attorney -in -fact of the , the corporation named as Surety in said instrument, and acknowledged to me that he subscribed the name of said corporation thereto as Surety, and his own name as attorney -in -fact. NOTE: Signature of those executing for Surety must be properly acknowledged, NOTE: The Attorney -in -fact shall 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: /9 '� r N. George. Eiser, IYT City Attorney 39 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. CERTIFIED COPY OF POWER OF ATTORNEY THE OHIO CASUALTY INSURANCE COMPANY No. 42-271 Know All Men by These Presents: That THE OHIO CASUALTY INSURANCE COMPANY, an Ohio Corporation, pursuant to the authority granted by Article III, Section 9 of the Code of Regulations and By -Laws of said Company, does hereby nominate, constitute and appoint John G. Maloney, Helen Maloney, Mark D. Iatarola, Matthew C. Gaynor or Deborah D. Davis of Escondido, California its true and lawful agent (s) and attorney (s)-in-fact, to make, execute, seal and deliver for and on its behalf as surety, and as its act and deed any and all BONDS, UNDERTAKINGS, and RECOGNILANCES, not exceeding in any single instance TWENTY MILLION (S20,000,000.00) Dollars, excluding, however, any bond(s) or undertaking(s) guaranteeing the payment of notes and interest thereon And the execution of such bonds or undertakings in pursuance of these presents, shall he as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Fairfield, Ohio, in their own proper persons. The authority granted hereunder supersedes any previous authority heretofore granted the above namcd attorney(s)-in-fact. In WITNESS WHEREOF, the undersigned officer of the said The Ohio Casualty Insurance Company has hereunto subscribed his name and affixed the Corporate Scal of the said The Ohio Casualty Insurance Company this 9th day of April, 2009. J. Timothy D'Errico, Assistant Secretary STATE OF OHIO, COUNTY OF BUTLER On this 9th day of April, 2009 before the subscriber, a Notary Public of the State of Ohio, in and for the County of Butler, duly commissioned and qualified, came .1. Timothy D'Errico, Assistant Secretary of THE OHIO CASUALTY INSURANCE COMPANY, to me personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn deposes and says, that he is the officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and thc said Corporate Seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal at the City of I lamilton, State of Ohio, the day and year first above written. >e-._cc..11 iJvcC Notary Public in and for County of Butler, State of Ohio My Commission expires August 17, 2013. This power of attorney is granted under and by authority of Article III, Section 9 of the Code of Regulations and By -Laws of The Ohio Casualty Insurance Company, extracts from which read: Article III, Section 9. Appointment of Attorneys -in -Fact. The Chairman of the Board, the President, any Vice -President, the Secretary or any Assistant Secretary of the corporation shall be and is hereby vested with full power and authority to appoint attorneys -in -fact for the purpose of signing the name of the corporation as surety to, and to execute, attach the seal of the corporation to, acknowledge and deliver any and all bonds, recognizances, stipulations, undertakings or other instruments of suretyship and policies of insurance to be given in favor of any individual, firm, corporation, partnership, limited liability company or other entity, or the official representative thereof, or to any county or state, or any official board or boards of any county or state, or the United States of America or any agency thereof, or to any other political subdivision thereof This instrument is signed and sealed as authorized by the following resolution adopted by the Boards of Directors of the Companies on October 21, 2004: RESOLVED, That the signature of any officer of the Company authorized under Article III, Section 9 of its Code of Regulations and By-laws and the Company seal may be affixed by facsimile to any power of attorney or copy thereof issucd on behalf of the Company to make, execute, seal and deliver for and on its behalf as surety any and all bonds, undertakings or other written obligations in the nature thereof; to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment. Such signatures and seal are hereby adopted by the Company as original signatures and seal and shall, with respect to any bond, undertaking or other written obligations in the nature thereof to which it is attached, he valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATE I, the undersigned Assistant Secretary of The Ohio Casualty Insurance Company, do hereby certify that the foregoing pot'.er of attorney, the referenced By -Laws of the Company and the above resolution of its Board of Directors are true and correct copies and are in fall force and effect on this date. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Company this 20TH day of OCTOBERf 4A_U�, /22009 Assistant Secretary R to to N cc N c O VH N yW c L O 0- Q M O4 13 c m a°,t to o Oc c 4 y ri 0 L C 0 r 1 - T EMERGENCY NOTIFICATION LIST NATIONAL CITY PARKS REHABILITATION AND ADA IMPROVEMENTS PROJECT (PHASE 4) SPEC. NO. 09-07 DATE: 10ra1 1 oq The Contractor's representatives at the construction site for the above subject project will be: Name -RASCO1 Sh ^ h : Emergency Telephone Number(s) Name Emergency Telephone Number(s) OR : - (42.3 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 to act on the Contractor's behalf. Signature o Contractor cas tAt hvrh 6174 ice- cam► arl f - Name and Title Signature arC1Y�h rb4Z Name and Title Note: Two signatures are required if a corporation. 42 ACORD CERTIFICATE OF LIABILITY INSURANCE OP ID CT DATE (MMIDDIYYYY) PALME-5 10/20/09 PRODUCER Teague Insurance License #0525512 4700 Spring St., La Mesa CA 91941 Phone:619-464-68 Agency, Inc. 4th Floor 51 Fax:619-464-1901 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 NAIC # INSURED Palm Engineering Construction Co. Inc. 3770 Hancock Street, Ste H San Diego CA 92110 INSURER A INSURER 5: Valiant Insurance Company Travelers Property Casualty Co INSURER C. National Union Tire Ins. CO. INSURER D: INSURER E: Granite State Insurance Century Surety Company vv v I_rvtvw 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. INSH rIUU LTR INSRD Li, TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM!DD/YY) POLICY EXPIRATION DATE (MOONY) LIMITS A X GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CGLVIC00116860 07/01/09 07/01/10 a EACH OCCURRENCE $ 1000000 VAMP ,t I KHNItU PREMISES (Ea occurence) $ 50000 MED EXP (Any one person) $ excluded I CLAMS MADE I X I OCCUR PERSONAL & ADV INJURY $ 1000000 ~J I GEN'L I GENERAL AGGREGATE S 2000000 PRODUCTS - COMP/CP AGG $ 2000000 AGGREGATE LIMIT APPLES PER: POLICY IX I JECT LOC B X AUTOMOBILE X 17 LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS BA1062M97109 02/23/09 02/23/10 COMBINED SINGLE LIMIT (Ea accident) $ 1000000 BODILY INJURY (Per person) BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ EA .ACC OTHER THAN $ AUTO ONLY: ,r,G $ C EXCESS/UMBRELLA X 1- LIABILITY OCCUR 1 1 CLAIMS MADE DEDUCTIBLE ' RETENTION $ BE021235960 01/11/09 01/11/10 EACH OCCURRENCE $ 3000000 AGGREGATE $ 3000000 S $ D WORKERS EMPLOYERS' ANY OFFICER/MEMBER If yes, SPECIAL COMPENSATION AND LIABILITY PROPRIETOR/PA RTNER/EXECUTVE EXCLUDED? descrbe under PROVISIONS below 009927907 11/01/08 11/01/09 _ X T RY LIMITS ER EL EACH ACCIDENT $ 1000000 E.L. DISEASE EA EMPLOYE: $ 1000000 E. L. DISEASE -POLICY LIMIT $ 1000000 E OTHER Pollution Liability CCP594630 04/24/09 04/24/10 Occur. 2000000 Aggrate 2000000 DESCRIPTION RE: The general commercial *10 OF OPERATIONS / LOCATIONS 1 VEHICLES f EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS National City Parks Rehabilitation and ADA Improvements. Spec No. 09-09. City of National City is included as additional insured with respect to liability per attached form CG20101185 and with respect to auto per form CAT4200706. Days notice of cancellation for non payment of premium. CERTIFICATE HOLDER 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. ACORD 25 (2001/08) AUTHORIZED B, p R ES EII TAT I V E © ACORD CORPORATION 198E 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 liste,c thereon. ACORD 25 (2001/08) Policy Number: CGL-VIC-0011686-0 COMMERCIAL GENERAL liABILITY CG 20 1011 85 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Name of Person or Organization; Any Person or organization you have agreed to add as additional insured by written contract, prior to an "occur- rence" or offense. (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 -:`Town In the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. CG 2010 11 85 © ISO Properties, Inc., 1984 Page 1 of 1 0 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO COVERAGE PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorse- ment, the provisions of the Coverage Form apply unless modified by the endorsement. A. PERSONAL EFFECTS COVERAGE SECTION III — PHYSICAL DAMAGE COVER- AGE, A. Coverage, 4. Coverage Extensions is amended by adding the following: Personal Effects Coverage We will pay up to $400 for "loss" to wearing ap- parel and other personal effects which are: (1) owned by an "insured"; and (2) in or on your covered "auto"; in the event of a total theft "loss" of your covered "auto'. No deductibles apply to Personal Effects Cover- age. B. AUTO LOAN LEASE GAP COVERAGE SECTION III — PHYSICAL DAMAGE COVER- AGE, A. Coverage, 4. Coverage Extensions is amended by adding the following: Auto Loan Lease Gap Coverage for Private Passenger Type Vehicles In the event of a total "loss" to a covered "auto' of the private passenger type shown in the Schedule or Declarations for which Physical Damage Cov- erage is provided, we will pay any unpaid amount due on the lease or loan for such covered "auto" less the following: (1) The amount paid under the Physical Damage Coverage Section of the policy for that "auto"; and (2) Any: (a) Overdue lease/loan payments at the time of the "loss"; (b) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (c) Security deposits not returned by the les- sor; CAT4200706 (d) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and (e) Carry-over balances from previous loans .or leases. C. COVERAGE EXTENSION — AUDIO VISUAL AND DATA ELECTRONIC EQUIPMENT NOT DESIGNED SOLELY FOR THE PRODUCTION OF SOUND SECTION III — PHYSICAL DAMAGE COVER- AGE, B. Exclusions, exception paragraph a. to exclusions 4.c & 4.d is deleted and replaced with the following: a. Equipment and accessories used with such equipment, except tapes, records or discs, provided such equipment is permanently in- stalled in the covered "auto" at the time of the "loss" or is removable from a housing unit which 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" electri- cal system, in or upon the covered "auto"; or D. WAIVER OF DEDUCTIBLE — GLASS SECTION III — PHYSICAL. DAMAGE COVER- AGE, D. Deductible is amended by adding the following: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. E. HIRED AUTO PHYSICAL DAMAGE COVER- AGE SECTION III — PHYSICAL DAMAGE COVER- AGE, A. Coverage, 4. Coverage Extensions is amended by adding the following: Hired Auto Physical Damage Coverage Exten- sion If hired "autos" are covered "autos" for Liability Coverage and this policy also provides Physical Damage Coverage for an owned 'auto", then the Includes the copyrighted material of Insurance Services Office, Inc. with its permission. Page 1 et 2 Includes the copyrighted material of The St. Paul Travelers Companies, Inc. COMMERCIAL AUTO Physical Damage Coverage is extended to "autos" that you hire, rent or borrow subject to the following: (1) The most we will pay for "loss" in any one "accident' to a hired, rented or borrowed "auto" is the lesser of: (a) $50,000; (b) The actual cash value of the dam- aged or stolen property as of the time of the "loss"; or (c) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. (2) An adjustment for depreciation and physical condition will be made in deter- mining actual cash value in the event of a total "loss". If a repair or replacement results in better than like kind or quality, we will not pay for the amount of betterment. (4) A deductible equal to the highest Physical Damage deductible applicable to any owned covered "auto". This Coverage Extension does not apply to: (a) Any "auto° that is hired, rented or bor- rowed with a driver; or (b) Any "auto" that is hired, rented or bor- rowed from your "employee". F. BLANKET WAIVER OF SUBROGATION SECTION IV — BUSINESS AUTO CONDITIONS, A. Loss Conditions, 5. Transfer Of Rights Of Recovery Against Others To Us is deleted and replaced by the following: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- (3) (5) Page 2 of 2 G. H. tent required of you by a written contract exe- cuted prior to any "accident" or "loss", pro- vided that the 'accident" or "loss' irises out of the operations contemplated by such con- tract. The waiver applies only to the person or organization designated in such contract. BLANKET ADDITIONAL INSURED SECTION II — LIABILITY COVERAGE, part A. 1. Who Is An Insured, paragraph c. is amended by adding the following: Any person or organization that you are required to include as an additional insured on this Cover- age Form in a written contract or agreement that is signed and executed by you before the °bodily injury" or 'property damage" occurs and that is in effect during the policy period is an 'insured" for Liability Coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. EMPLOYEE HIRED AUTOS SECTION II — LIABILITY COVERAGE, A. Cov- erage, 1. Who Is An Insured is amended by add- ing the following: An "employee" of yours is an "insured' while op- erating an 'auto" hired or rented under a contract or agreement in that "employee's' name, with your permission, while performing duties related to the conduct of your business. COVERAGE EXTENSION — TRAILERS SECTION 1 — COVERED AUTOS, C. Certain Trailers, Mobile Equipment and Temporary Substitute Autos, paragraph 1. is deleted and replaced by the following: 1. "Trailers" with a load capacity of 3,000 pounds or less designed primarily for travel on public roads. Includes the copyrighted material of Insurance Services Office, Inc. with its permission. CA T4 20 07 Oti Includes the copyrighted material of The St. Paul Travelers Companies, Inc. RESOLUTION NO. 2009 — 233 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT IN THE AMOUNT OF $66,000 TO PALM ENGINEERING CONSTRUCTION COMPANY, INC., FOR THE NATIONAL CITY PARKS REHABILITATION AND ADA IMPROVEMENTS PROJECT (PHASE 4), AND AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT WHEREAS, the Engineering Department of the City of National City did, in open session on August 21, 2009, publicly open, examine and declare six sealed bids for the National City Parks Rehabilitation and the ADA Improvements Project (Phase 4). NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for the National City Parks Rehabilitation and the ADA Improvements Project (Phase 4) to the lowest responsive, responsible bidder, to wit: PALM ENGINEERING CONSTRUCTION COMPANY, INC. BE IT FURTHER RESOLVED by the City Council that the Mayor is hereby authorized to execute on behalf of the City a contract between Palm Engineering Construction Company, Inc., and the City of National City in the amount of $66,000.00 for the National City Parks Rehabilitation and the ADA Improvements Project (Phase 4). Said contract is on file in the office of the City Clerk. PASSED and ADOPTED this 6th day of October, 2009. Ron Morrison, Mayor ATTEST: / Mic ael 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 October 6, 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 lerk of the ity of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2009-233 of the City of National City, California, passed and adopted by the Council of said City on October 6, 2009. City Clerk of the City of National City, California By: Deputy City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 6, 2009 AGENDA ITEM NO. 5 ITEM TITLE A Resolution of the City Council of the City of National City awarding a contract in the amount of $66,000.00 to Palm Engineering Construction Company, Inc. for the National City Parks Rehabilitation and ADA Improvements Project (Phase 4) and authorizing the Mayor to execute the contract. (Funded through General Funds) PREPARED BY Kenneth Fernandez EXPLANATION Please see attached page with explanation. DEPARTMENT EXT. 4388 Development Services/ Engineering 1 Environmental Review X N/A MIS Approval Financial Statement Approved By: Finance Director Funds are available in expenditure account number 001-409-500-598-4127 for $66,000.00. (General Funds) Account No STAFF RECOMMEND .TION dopte ResolutiJ% / CO ' ISSI9 ECO N/A ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. Bid Opening Information Sheet 3. Bid Summary for the three lowest bidders 0R-a33 A-200 (Rev. 7103) SPEC 09-07 PALM ENG AWARD OFFICE OF THE CITY CLERK 1243 National City Blvd. National City, California 91950 Michael R. Dalla, CMC - City Clerk 619-336-4228 phone • 619-336-4229 fax November 2, 2009 Mr. Rasoul Shahbazi Palm Engineering Construction Company, Inc. 3770 Hancock Street, Suite H San Diego, CA 92110 Dear Mr. Shahbazi, On October 6th, 2009, Resolution No. 2009-233 was passed and adopted by the City Council of the City of National City, awarding a contract to Palm Engineering Construction Company, Inc. We are enclosing for your records a certified copy of the above Resolution and a fully executed original contract. Sincerely, IA Michael R. alla, CMC City Clerk Enclosures cc: Engineering Dept.