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HomeMy WebLinkAbout2010 CON Palm Engineering - Kimball Bowl Sod Project,r CONTRACT CITY OF NATIONAL CITY KIMBALL BOWL SOD PROJECT SPECIFICATION NO. 09-19 THIS CONTRACT, made and entered into this 6th day of April, 2010 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: CITY OF NATIONAL CITY KIMBALL BOWL SOD PROJECT SPECIFICATION NO. 09-19 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, 28 CONTRACT (CONTINUED) CITY OF NATIONAL CITY KIMBALL BOWL SOD PROJECT SPECIFICATION NO. 09-19 executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained. 4. The Notice Inviting Bids, Instructions To Bidders, Bid Proposal, Bonds, The Plans and Specifications, General Provisions and Special Provisions, and all amendments thereof, 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. 29 CONTRACT (CONTINUED) CITY OF NATIONAL CITY KIMBALL BOWL SOD PROJECT SPECIFICATION NO. 09-19 7. The Contractor agrees to comply with all Local, State and Federal regulations and with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970 (42 U.S.C. 1857 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) as amended. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed in three counterparts, each of which shall be deemed an original the day and year first above written. CONTRACTOR: By: --. Title: -RAS /0 ! 1gGL t 1 Ic071-1- By: Title: ‘QaSOL4 hbi (Tretgaircv- CITY: Federal ID. No.-1Heql'ab 1 By: Title: Mayor, City of National City ATTEST: By: Title: City Clerk, City of National City (Notarial acknowledgement of execution by all PRINCIPALS OF CONTRACTOR must be attached.) 30 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San l,r_00 } On pu—►c1-10 before me, C-e(21GAvern , Ivo-irtry 41016 [Date] [Name of Notary Public and Title "Notary Public"'] personally appeared ' 0,asCuA 61/p b47 I 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. ll V1Signature of illyahiji is CECILIA (ALVAN Comrnission # 1762337 F�;r�-r' Notary Public -California San Diego County My Comm. Expires Aug 4, 2011 (seal) *************************OPTIONAL INFORMATION************************* THE INFORMATION PROVIDED BELOW IS NOT REQUIRED BY LAW CHARACTER OR TITLE OF DOCUMENT NUMBER OF PAGES DOCUMENT DATE SIGNER(S) OF THE DOCUMENT OTHER THAN THOSE NAMED ABOVE: CONTRACT (CONTINUED) CITY OF NATIONAL CITY KIMBALL BOWL SOD PROJECT SPECIFICATION NO. 09-19 CORPORATE CERTIFICATE 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 thengt 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. 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: 31 CONTRACT (CONTINUED) CITY OF NATIONAL CITY KIMBALL BOWL SOD PROJECT SPECIFICATION NO. 09-19 PARTNERSHIP CERTIFICATE STATE OF ) ) ss COUNTY OF ) On this day of , 2010, before me, the undersigned, a Notary Public in and for said County and State, personally appeared: (Notarial Seal) known to me to be of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. Signature: Name (Type or Print): (Notary Public in and for said County and State) My Commission expires: 32 EXECUTED IN TRIPLICATE BOND NO. 4072017 PREMIUM: $785.00 Premium Is For Contract Term And Is Subject To Adjustment PERFORMANCE BOND Based On Final Contract Price CITY OF NATIONAL CITY KIMBALL BOWL SOD PROJECT SPECIFICATION NO. 09-19 KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City Council of the City of National City, by Resolution No, 2010-52, passed the eth day of April , 2010 has awarded ;to Palm Engineering Construction Company, inc. hereinafter designated as the "Principal'l, the CITY OF NATIONAL CITY KIMBALL BOWL SOD PROJECT SPECIFICATION NO. 09-19 WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said centr ct. NOW, THEREFORE, we, the Principal and THE OHIO CASUALTY INSURANCE COMPANY as surety, are held and firmly bound unto the City Council of the Citi of National City, hereinafter called the "Council", in the penal sum of Fifty Four Thousand, Five Hundred Dollars and No Cents ($54,500.00) 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 cnd 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 t the time and in the amount therein specified, and in all respects according to their true i tent and meaning, and shall indemnify and save harmless the City of National City, th'e ity Council, their officers, agents, and employees, as therein stipulated, then this obligations all become null and void; otherwise it shall be and remain in full force and virtue. And the said Surety, for value rec ived, hereby stipulates and agrees that no change, extension of time, alteration or additio to the terms of the contract or to the work to be performed thereunder or the specifidati ns accompanying the same shall in any wise affect its obligations on this bond, and it does ereby waive notice of any such change, extension of time, alteration or additions to the terms f the contract or to the work or to the specifications, 33 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5193 Vk"6. DEBORAH D. DAVIS v 4 ' COMM. #1737411 R- NOTARY PUBLIC-CALIFORNIA to SAN DIEGO COUNTY fQ My Comm. Exp. APRIL 21,2011 State of California County of SAN DIEGO On 04/16/2010 before me, DEBORAH D. DAVIS, 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. 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. SIGNER(S) OTHER THAN NAMED ABOVE 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) TITLEIs) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL El 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 PERFORMANCE BOND (CONTINUED) CITY OF NATIONAL CITY KIMBAI 'i BOWI_. SOD PROJECT SPECIFICATION NO. 00-19 In the event suit is brought upon t is bond by the City of National City and judgment is recovered, the surety shall pay all ;cots incurred by the Council in such suit, including a reasonable attorney's fee to be fixed byithe 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 BY: Principal and Surety above named, an Vie 16TH day of APRIL , 2010. THE OHIO CASUALTY ' PALM ENGINEERING CONSTRUCTION INSURANCE COMPANY (SEAL) COMPANY, INC. (SEAL)BY: MATTHEW C. GAYNOR, v RASOUL SHAHBAZI, PRESIDENT ATTORNEY -IN -FACT (SEAL) (SEAL) (SEAL) (SEAL) Surety Principal APPROVED AS TO FORM: George H. Eiser, Ill City Attorney 34 PERFORMANCE BOND (CONTINUED!) CITY OF NATIONAL CITY KIMBALL BWL SOD PROJECT SPECIFICATION NO. 09-19 ATTORNEY -IN -FACT ACKNOWLEDfFMENT OF SURETY STATE OF COUNTY OF ) ss On this day of . 2010, 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 Ito me that he subscribed the name of said corporation thereto as Surety, and his own name asiattomey-in-fact. NOTE: Signature of those executing' " NOTE: The Attorney -in -fact must for Surety must be properly attach a certified copy of the acknowledged. Power of Attorney. Signature: Name (Type or Print): Notary Public in arrd for said County and State My Commission expires: APPROVED AS TO FORM: By: George H. Eiser, III City Attorney 35 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 111, 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. latarola, Matthew C. Gaynor or Deborah D. Davis of Escondido, California its true and lawful agent (s) and attorney (s)-in-tact. to make, execute, seal and deliver Fr and on its behalf as surety, and as its act and deed any and all BONDS, UNDERTAKINGS, and RECOGNI7ANCES, 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, asfully 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 die above named attorney(s)-in-fact In WITNESS WHEREOF, the undersigned officer of the said The Ohio Casualty Instil ance Company has hereunto subscribed his name and affixed the Corporate Seal or 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 die 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 the 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 subscribed to the said instunment by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, 1 have hereunto set my hand and affixed my Official Seal at the City of Hamilton, State of Ohio, the day and year first above written. s 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 111, Section 9_ Appnintmenl of Attornevs-in-Fact. The Chairman or the Board, the President. any Vice -President, the Seeretmy or any Assistant Secretary of the corporation shall he 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 orhoanls of any county or state, or the United Stales of America or any agency thereof, or to any otherpoliticil subdivision thereof This instrument is signed and sealed as authorized by the following resolution adopted by die 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 or its Codc of Regulations and Bylaws and the Company seal mav be affixed by facsimile to any power of ;min trey ur Copy thei eof 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 oftheir 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, be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATE I, the undersigned Assistant Secretary -ofThe Ohio CasualtyInsurance Company, do hereby certify that the for going power of attorney, the referenced By-laws or 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. 16TH APRIL 2010 IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Company this day of A.D., \ssiel;url Seurelary EXECUTED IN TRIPLICATE BOND NO. 4072017 PREMIUM INCLUDED IN PERFORMANCE ➢XVD PAYMENT BOND CITY OF NATIONAL CITY KIMBALL; BOWL SOD PROJECT SPECIFICATION NO. 09-19 KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City Council of the City of National City, by Resolution No. 2010-52, passed the 6th day of April, 2010 has awarded to Palm Engineering Construction Company, inc., hereinafter designated as the "Princip the CITY OF NATIONAL CITY KIMBALL BOWL SOD PROJECT SPECIFICATION NO. 09-19. 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 Printhipal and THE OHIO CASUALTY INSURANCE COMPANY as surety, are held and firmly bound unto the City Council of the CitR National City, hereinafter called the "Council", in the penal sum of Fifty Four Thousand Five Hundred and No Cents ($54,500.00) lawful money of the United States, for the gayrnent 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 OBLIcpATION 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 f the California Civil Code, or amounts due under the Unemployment Insurance Code with espect to work or labor performed by any such claimant, or for any amounts regilire to be deducted, withheld, and paid over to the Franchise Tax Board from the wage o employees of the Contractor and his subcontractors pursuant to Section 18806 of the Re'en a 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 brbudht upon this bond, a reasonable attorney's fee, to be fixed by the Court. This Bond shall inure to the benefi of any of the persons named in Section 3181 of the California Civil Code, so as to give e ri ht of action to such persons or their assigns in any suit brought upon this bond. 36 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5193 State of California County of SAN DIEGO On 04/16/2010 before me, DEBORAH D. DAVIS, 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 gEpLOF' DE60AH D. DAVIS • pS Euxe2 �' �9 �r COMM. #1737411 NOTARY PUBLIC-CALIFORNIA [Sig y ' SAN DIEGO COUNTY 1" My Comm. Exp. APRIL 21,2011 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 of Notary 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. 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) I1REI5) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITYIIESI NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE BY: PAYMENT BOND (CONTINUED) CITY OF NATIONAL CITY KIMBALL B6WL SOD PROJECT SPECIFICATION NO. 09-19 It is further stipulated and agreredthat the Surety on this bond shall not be exonerated or released from the obligation of his 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 Cr relating to the furnishing of labor, materials, or equipment therefor, not by any change for 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 conditio s precedent or subsequent in the bond attempting to limit the right of recovery of claimants therwise entitled to recover under any such contract or agreement or under the bond, nor y any fraud practiced by any person other than the claimant seeking to recover on the b nd 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 a released from liability to those for whose benefit such bond has been given, by reason o� any breach of contract between the owner of Public Entity and original contractor or on the art 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 Surt1 change, extension of time, addition, alteration or modification herein mentioned, IN WITNESS WHEREOF three identicallcounterparts 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 16TH : clay of APRIL 2010. PALM ENGINEERING CONSTRUCTION (SEAL) COMPANY, INC. (SEAL) BY: (SEAL) / (SEAL) RASOUL SHAHBAZI, PRESIDENT THE OHIO CASUALTY INSURANCE COMPANY MATTHEW C. GAYNOR, ATTORNEY -IN -FACT Surety (SEAL) (SEAL) Principal APPROVED AS TO FORM: George H. Eiser, III City Attorney 37 PAYMENT FOND (CONTINUED) CITY OF NATIONAL CITY KIMBALL E:WL SOD PROJECT SPECIFICATION NO. 09-19 ATTORNEY -IN -FACT ACKNOWLFbrEMENT OF SURETY STATE OF ) ss COUNTY OF On this day of , 010, 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 Withn 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 a--Attorney-in-fact. NOTE: Signature of those executing NOTE: The Attorney -in -fact must for Surety must be properly attach a certified copy of the acknowledged. Power of Attorney. Signature: Name (Type or Print): (Notary Public in and for said County and State) My Commission expires: APPROVED AS TO FORM: By: George H. Eiser, Ill City Attorney 38 THISt 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 C. 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 RECOGNIZANCES, 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 it they had been dulyexecuted 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 atiomey(s)-in-fact In WITNESS WHEREOF, the undersigned officer of the stud The Ohio Casualty Insurance Company has hereunto subscribed his name and affixed the Cnrpotate Seal of the said The Ohio Casualty Insurance Company this 9tlt day of April, 2009. } i ce rr � t ♦ z�.t 7v �P„5..�-. ti.ti! i mil. ./ J. Timothy D'Errico, Assistant Secretary STATE OF 01110, 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 the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Scal 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, 1 have hereunto set my hand and affixed my Official Seal at the City of I Iamilton, State of Ohio, the day and year first above written. I #iq.`.e.61'1,r,G,.es .a:Gtr x'4 . ''`°rGfi>v` 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 111, 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 ;ntorneys-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, recognrrmces, stipulations, undertakings or other instruments of suretyship and policies of insurance to he given in favor of any individual, firm, corporation, partnership, limited liability company or other entity, or the official representative thereof, or to any comity or state. Or any official hoard or hoards 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, Thai the signature of any officer of the Company authorised 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 suchappomunent_ Such signatures and seal are hereby adopted by the Company as original signatures and seal and shall with respect to any pond. undertaking or other written obligations in the 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 thtegoing 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 ti rce and effect on this date_ 16TH APRIL 2010 IN WITNESS WI IEREOF, I have hereunto set my hand and the seal af the Company this day of y` A.D., .Assistant Sceletiry EMERGENCY NOTIFICATION LIST CITY OF NATIONAL CITY KIMBALL BOWL SOD PROJECT SPECIFICATION NO. 09-19 DATE: { '1 t I ciLzio In reference to Section 7-6 of the Standard Specifications construction site for the above subject project will be: Name Rrl+hbaz w�-- e�lc�ird- Name \-Na\vavrnEhL'I Emergency Number(s) my/our representatives at the Telephone big) a& Ol7 Emergency Number(s) Telephone 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. i natjuroor,1 t 6.1-' Name and Title Name and Title Note: Two signatures are required if a corporation. 41 ACO EP CERTIFICATE OF LIABILITY INSURANCE OP ID CT PALME-5 DATE (MMIDDIYYYY) 04 19/10 PRODUCER Teague Insurance Agency, Inc. License #0525512 4700 Spring St., 4th Floor La Mesa CA 91941 Phone:619-464-6851 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 B: Valiant Insurance Company Travelers Property Casualty Co INSURER C National Union Fire Ins_ Co INSURER DGranite State Insurance INSURER E Century Surety Company COVERAGES THE ANY MAY POLICES INSR LTR POLICIES REQUIREMENT, PERTAIN, AUD'L NSRL OF INSURANCE LISTED BELOW TERM OR CONDITION THE INSURANCE AFFORDED -AGGREGATE LIMITS SHOWN MAY TYPE OF INSURANCE RAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH HAVE BEEN REDUCED BY PAID CLAIMS. POLICY NUMBER TPOLICY EFFECTIVE DATE (MMIODJVYYY) POLICY RATION DATE (MMIDDIYYYY) LIMITS A X GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CGLVIC00116860 07/01/09 07/01/10 EACH OCCURRENCE $ 1,000,000 UAMAI�E IUKLN IEU PREMISES (Eaoccurence) $ 50,000 -i CLAIMS MADE X I OCCUR MED EXP (Any one person) $ excluded PERSONAL Si ADV INJURY $ 1 , 000 , 000 GENERAL AGGREGATE $ 2 , 000 , 000 GEN'L AGGREGATE LIMIT APPLIES PER - , POLICY I^ PRO- ,, IOC JECT PRODUCTS - COMP/OP AGG $ 2,000,000 B X AUTOMOBILE X LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS BA1062M97110 02/23/10 02/23/11 COMBINED SINGLE LIMIT CO accident) 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ $ C EXCESS X /UMBRELLA LIABILITY J OCCUR I J CLAIMSMADE DEDUCTIBLE RETENTION $ BE025902231 01/11/10 07/10/10 EACH OCCURRENCE $ 3,000,000 AGGREGATE $ 3,000,000 $ $ D AND EMPLOYERS' LIABILITY ANDEMRLOERS'LIAIUT ANY ANYICPBOMEMBER6XCLUDE ,D ECUTIVE� R(Mandatory in NH) If yes, describe under SPECIAL PROVISIONS below MC001117698 11/01/09 11/01/10 WC STAI U- Oil1- X TORY LIMITS ER EL EACH ACCIDENT $ 1,000,000 E. L. DISEASE - EA EMPLOYEE E.L. DISEASE POLICY LIMIT $ 1 ,000,000 $ 1,000,000 E OTHER Pollution Liability CCP594630 04/24/09 04/24/10 Occur. 2,000,000 Agg. 2,000,000 DESCRIPTION OF OPERATIONS! LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT 1 SPECIAL PROVISIONS Re: Kim Bowl Sod. Specification# 09-19. Certificate holder is listed as additional insured with respect to General liability per form CG20101185 and with respect to auto liability per from CAT4200706. *10 days notice of cancellation for non payment of premium. CERTIFICATE HOLDER CANCELLATION The City of National City 1243 National City Blvd. National City CA 91950 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL *30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ---------- ACORD 25 (2009/01) ©19D CORPORATION. All rights reserved. The ACORD name and logo are e marks of ACORD 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 This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2009/0i) Policy Number: CGL-VIC-0011686-0 COMMERCIAL GENERAL LIABILITY CG 20 1011 86 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. Of 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 11) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. CG 20 10 11 85 0ISO Properties, Inc., 1984 Page 1 of 1 LI 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 Ili — 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 C. D. E. (d) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and Carry-over balances from previous loans or leases. COVERAGE EXTENSION — AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT NOT DESIGNED SOLELY FOR THE PRODUCTION OF SOUND SECTION 11f — PHYSICAL DAMAGE COVER- AGE, B. Exclusions, exception paragraph a. to exclusions 4.c & 4.d is deleted and replaced with the following: a. (e) 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 WAIVER OF DEDUCTIBLE — GLASS SECTION Ill — 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. HIRED AUTO AGE SECTION 111 — 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 PHYSICAL DAMAGE COVER - Includes the copyrighted material of Insurance Services Office, Inc. with its permission. Page 1 of 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) tent required of you by a written contract exe- cuted prior to any "accident" or "loss", pro- vided that the "accident" or "loss" arise:, out of the operations contemplated by such con- tract. The waiver applies only to the person or organization designated in such contract. G. 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. H. EMPLOYEE HIRED AUTOS SECTION 11 — 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. I. COVERAGE EXTENSION — TRAILERS SECTION I — 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. Page 2 of 2 Includes the copyrighted material of Insurance Services Office, Inc. with its permission. Includes the copyrighted material of The St. Paul Travelers Companies, Inc. CAT4200706 RESOLUTION NO. 2010 — 52 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO PALM ENGINEERING IN THE NOT TO EXCEED AMOUNT OF $54,500 FOR CONSTRUCTION IMPROVEMENTS FOR THE KIMBALL BOWL SOD PROJECT WHEREAS, the Engineering Department, in open session on March 9, 2010, did publicly open, examine, and declare four sealed bids for Construction Improvements for Kimball Bowl Sod Project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for the Construction Improvements for the Kimball Bowl Sod Project to the lowest responsive, responsible bidder, to wit: PALM ENGINEERING BE IT FURTHER RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute on behalf of the City a contract in the not to exceed amount of $54,500 with Palm Engineering for the Construction Improvements for the Kimball Bowl Sod Project. Said contract is on file in the office of the City Clerk. PASSED and ADOPTED this 6th day of A, il, 2010. on Morrison, ATTEST: 2/LJ;J% Mich el R. Della, Ci Clerk APPROVED AS TO FORM: r ex George H. Eiser, III City Attorney Passed and adopted by the Council of the City of National City, California, on April 6, 2010 by the following vote, to -wit: Ayes: Councilmembers Morrison, Sotelo-Solis, Van Deventer, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California / City Clerk of the City f National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2010-52 of the City of National City, California, passed and adopted by the Council of said City on April 6, 2010. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT cao%o-\'- MEETING DATE: April 6, 2010 AGENDA ITEM NO. 13 ITEM TITLE: Resolution of the City Council of National City awarding a contract to Palm Engineering in the amount not -to -exceed $54,500 and authorizing the Mayor to execute the agreement for construction improvements for the Kimball Bowl Sod Project, Specification No. 09-19 (Funded by Park & Recreation Capital Outlay Fund) PREPARED BY: Barby Tipton DEPARTMENT: Deve PHONE: 336-4583 APPROVED BY: EXPLANATION: The Kimball Bowl Sod Project includes removal of existing +-6 inches clay soil to be transported and stored, soil import & preparation and 'big roll' installation of approximately 22,000 square feet of hybrid Bermuda sod followed by a 90 day maintenance period, the design, modification and installation of irrigation system to provide full coverage per sod manufacturer's specifications for the new sod and the removal and disposal of 1 concrete slab (17' X 5'), 1 concrete slab (18' X 5'), 2 steel benches (seat (2) 14' X 8" and back (2) 14' X 8"), 3 concrete bench bases, 3 steel pole bench bases, and 2 fence panels and as an additive alternative, patch existing frontage wall and paint to match. gineering On March 9, 2010, 4 bids were opened. On page 19 of the contract for the Kimball Bowl Sod Project, it is stated "THE LOWEST APPARENT BIDDER WILL BE DETERMINED USING THE TOTAL OF THE BASE BID AND THE ADDITIVE ALTERNATE BID 'A' ". This being the case, the apparent low bidder is Palm Engineering (Please see attached Bidders' Proposal Sheet for details of the three lowest bidders.) Staff recommends that Council award the contract and authorizes the Mayor to execute the agreement. FINANCIAL STATEMENT: APPROVED: •Ltt'' Finance ACCOUNT NO. Funded by Account No. 115-409-500-598-40224PPROVED: Mls ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A Rwrov\r‘toal t-ku 'd0\0 Sa ATTACHMENTS: 1. Resolution 2. Bid Opening Information Sheet 3. Bid Proposal Spreadsheet for the 3 lowest bidders - uvcoaaukr April 27, 2010 Mr. Rasoul Shahbazi Palm Engineering Construction Company 3770 Hancock Street, Suite H San Diego, CA 92110 Dear Mr. Shahbazi, OFFICE OF THE CITY CLERK 1243 National City Blvd. National City, California 91950 Michael R. Della, CMC - City Clerk 619-336-4228 phone • 619-336-4229 fax On April 6th, 2010, Resolution No. 2010-52 was passed and adopted by the City Council of the City of National City, awarding a contract to Palm Engineering Construction Company. We are enclosing for your records a certified copy of the above Resolution and a fully executed original contract. Sincerely, Esther Clemente Deputy City Clerk Enclosures cc: Engineering Dept.