Loading...
HomeMy WebLinkAbout2010 CON Ohno Construction - El Toyon Soccer FieldCONTRACT CITY OF NATIONAL CITY EL TOYON SOCCER FIELD PROJECT SPECIFICATION NO. 07-01 THIS CONTRACT, made and entered into this eday of, Sep • 2010 by and between the City of National City, California, herein after designated as the "City", and 06.410(on5-yu.d-ion, Co . hereinafter designated as the "Contractor". WITNESSETI I: 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 EL TOYON SOCCER FIELD PROJECT SPECIFICATION NO. 07-01 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, 30 CONTRACT (CONTINUED) CITY OF NATIONAL CITY EL TOYON SOCCER FIELD PROJECT SPECIFICATION NO. 07-0I 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, toss, 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 he 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. 31 CONTRACT (CONTINUED) CITY OF NATIONAL CITY EL TOYON SOCCER FIELD PROJECT SPECIFICATION NO. 07-01 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. CONTRACT CITY: By: R,ck.ar( 3r""i ►K Title: VL(-t. f eS By: t 4i0 Ctft\C) Title: P bik.5 7-1T Federal ID_ No. 9 + --D 9 (q 4 S By: Title: Mayor, City of National City ATTEST: By: Title: City Clerk, City of National City (Notary acknowledgement of execution by all PRINCIPALS OF CONTRACTOR must be attached.) 32 CONTRACT (CONTINUED) CITY OF NATIONAL CITY EL TOYON SOCCER FIELD PROJECT SPECIFICATION NO. 07-01 CORPORATE CERTIFIC ify that I am the Secretary of the Corporation named as Contractor in the foregou contract; tTrai' ��� (L� 3 f VK. cu , 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. 1, rtify that 1 am the Secretary of the Corporation named as Contractor in the foregoing Contract; that .105Tt\c , who signed said contract on behalf of the Contractor, was then I? E5i d� 0 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: 33 CONTRACT (CONTINUED) CITY OF NATIONAL CITY EI. TOYON SOCCER FIELD PROJECT SPECIFICATION NO. 07-01 PARTNERSIIIP CERTIFICATE 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: (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: 34 BOND #105473772 PERFORMANCE BOND CITY OF NATIONAL CITY EL TOYON SOCCER FIELD PROJECT SPECIFICATION NO. 07-01 KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City Council of the City of National City, by Resolution No.2o10 , passed the 17th day of August , 2010 has awarded to Ohno Construction Companyhereinafter designated as the "Principal", the CITY OF NATIONAL CITY EL TOYON SOCCER FIELD PROJECT SPECIFICATION NO. 07-01 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 Travelers Casualty and Surety Company of America 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 Four Hundred Forty Thousand Six Hundred Forty Two and 20/100 Dollars * lawful money of the United States, for the payment of which sum yvell and truly to be made, we bind ourselves, our heirs, executors administrators and successors, jointly and severally, firmly by these presents. * ($440,642.20) 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 tune and in the amount therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of National City, the City Council, their officers, agents, and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or additions to the teens of the contract or to the work or to the specifications. 35 PERFORMANCE BOND (CONTINUED) CITY OF NATIONAL CITY EL T'OYON SOCCER FIELD PROJECT SPECIFICATION NO. 07-01 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 S day of , 2010. Travelers Casualty and Surety Company of America (SEAL.) Ohno Construction Company (SEAL) • (SEAL) 144 EAL) Jim S. Kuich, Attorney -in -fact (SEAL) Q✓LS I (SEAL) Surety APPRO r SAS TO FORM By: Cla G. City Attorney 36 Principal COUNTY OF King PERFORMANCE BOND (CONTINUED) CITY OF NATIONAL CITY EL TOYON SOCCER FIELD PROJECT SPECIFICATION NO. 07-01 ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF Washington ) ) ss On this day of S-e_e4- , 2010, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Jim S. Kuich known to me to be the person whose name is subscribed to the within instrument as the attorney -in - fact of the Travelers Casualty and Surety Company of America , the corporation named as Surety in said instrument, and acknowledged to me that he subscribed the name of said corporation thereto as Surety, and his own name as attorney -in -fact. NOTE: Signature of those executing for Surety must be properly acknowledged. NOTE: The Attorney -in -fact must attach a certified copy of the Power of Attorney. Signature: Name (Type or Print): "Julie M. Glover Notary Public in and for said County and State My Commission expires: 9/21/2011 �o0m�ssion�crF,p NOTARY PUBLIC . DER ? ill ASN " 37 Bond #105473772 PAYMENT BOND CITY OF NATIONAL CITY EL TOYON SOCCER FIELD PROJECT SPECIFICATION NO. 07-01 KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City Council oldie City of National City, by Resolution No. 2D 10-(q1 passed the 17th day of August 2010 has awarded to Ohno Construction Company hereinafter designated as the "Principal", the CITY OF NATIONAL CITY EL TOYON SOCCER FIELD PROJ ECT SPECIFICATION NO. 07-0I. 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 Travelers Casualty and Surety Company of America as surety, are held and firmly bound unto the City Council oldie City of National City, hereinafter called the "Council", in the penal sum of Four Hundred Forty Thousand Six Hundred Forty Two and 20/100 Dollars * 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. * ($440,642.20) 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 atnounts 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 attomey'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. 38 PAYMENT BOND (CONTINUED) CITY OF NATIONAL CITY EL TOYON SOCCER FIELD PROJECT SPECIFICATION NO. 07-01 It is further stipulated and agreed that the Surety on this bond shalt 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 litnit 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 31 12 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 pn original thereo , have been duly executed by the Principal and Surety above named, on the day of S I , 2010. Travelers Casualty nd Surety Company of America (SEAL) Ohno Construction Company (SEAL) g223r t (SEAL) Jim S. Kuich, Attorney -in -fact • (SEAL) VtCA. r(C.S4.12.1A1 (SEAL) APPR By: Surety AS TO FOt : t AAA •rr6; is G. S • City Attorne 39 Principal PAYMENT BOND (CONTINUED) CITY OF NATIONAL CITY EL TOYON SOCCER FIELD PROJECT SPECIFICATION NO. 07-01 ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF Washington ) ss COUNTY OF King On this day of2010, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Jim S. Kuich known to me to be the person whose name is subscribed to the within instrument as the attorney -in- tact of the Travelers Casualty and Surety Company of America , 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_ Signature: Name (Type or Print): NOTE: The Attorney -in -fact must attach a certified copy of the Power of Attorney. (Notary Public in and for said County and State) My Commission expires: 9/21/2011 40 WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER TRAVELERSJ Attorney -In Fact No. POWER OF'ATTORNEY Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company 222261 St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate No. 0 03 8 6 320 KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty lnsurancc Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Darlene Jakielski, Julie M. Glover, M.J. Cotton, Nancy J. Osborne, S.M. Scott, Steven K. Bush, Michael A. Murphy, Jim W. Doyle, Brandon K. Bush, Andy D. Prill, Jim S. Kuich, Chad M. Epple, Steve Wagner, Theresa A. Lamb, and Brett N. Meier of the City of Bothell . State of Washington their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 6th day of April 2010 Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company State of Connecticut City of Hartford ss. By St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Georg EyV Thompson,'• nior 'ice President On this the 6th day of April 2010 before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine lnsurancc Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal My Commission expires the 30th day of June, 2011. e . Marie C. Tctreault, Notary Public 58440-4-09 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fi'eliiy and Guaranty insurance Company. Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vicc President, any Senior Vice President, any Vice President, any Second Vice President. the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vicc President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond. recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vicc Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attomeys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall he valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kori M..Iohanson, the undersigned, Assistant Secretary. of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance underwriter;. Inc.. St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company. Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is infull force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this day of S 44,Wt.60tl— Kori M. khans Assistant Secretary .20 W. To verify the authenticity of this Power of Attorney, cull 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Fact number, the above -named individuals and the details of the bond to which the power is attached. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER ACORD„ CERTIFICATE OF LIABILITY INSURANCE OP ID S 1 OHNOC-1 DATE (MMIDDIYYYY) 09/07/10 PRODUCER Hub International Northwest P. 0. Box 3018 Bothell WA 98041-3018 Phone:425-489-4500 Fax:425-489-4501 INSURED OHNO CONSTRUCTION COMPANY 9416 MLR Jr. Way S. Seattle WA 98118 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 # INSURERA Valley Forge Insurance Co. 20508 INSURERS: Nat'1 Fire Ins Co of Hartford 20478 INSURER C: INSURER D: INSURER E. COVERAGES THE ANY MAY POLICIES. INSR-ADO LTR POLICIES REQUIREMENT, PERTAIN, AGGREGATE T INSRD OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. OR OF SUCH TYPE OF INSURANCE POLICY EFFECTIVE POLICY NUMBER ', DATE (MMIDDIYY) POLICY EXPIRATION DATE (MMIDDIYY) LIMITS A GENERAL X X _._J X GEML - UABIUTY COMMERCIAL GENERAL LIABILITY CLAIMS MADE 1 X OCCUR 2092862617 04/01/10 04/01/11 EACH OCCURRENCE $ 1000000 PREMISES (Eoccurrence) $ 300000 MED EXP (Any one person) $ 5 0 0 0 PERSONAL &ADV INJURY $ 1000000 STOP GAP LIABILIT GENERAL AGGREGATE $ 2000000 AGGREGATE LIMIT APPUES PER: POLICY IX JE° -1 LOC PRODUCTS - COMP/OP AGG $ 2000000 B X AUTOMOBILE X t-j UABIUTY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS 2092862620 04/01/10 04/01/11 COMBINED SINGLE LIMB (EaaccidenL) $ 1000000 BODILY INJURY (Per person) BODILY INJURY (Per aaideM) $ PROPERTY DAMAGE (Per aaident) $ GARAGE ] UABIUTY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ $ EXCESS/UMBRELLA -- r UABILITY OCCUR I ' CLAIMS MADE 'DEDUCTIBLE I RETENTION $ EACH OCCURRENCE $ AGGREGATE $ $ r $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY A ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below 2092862617 04/01/10 (EMPLOYERS LIABILITY) 04/01/11 J STATUS O TORY LIMBS X ERR E.LEACHACCIDENT $ 1,000, 000 E.L. DISEASE - EA EMPLOYEE - E.L. DISEASE - POLICY LIMIT $ 1, 000, 000 $ 1,000,000 I OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS CITY OF NATIONAL CITY, ITS OFFICERS, EMPLOYEES & AGENTS ARE INCLUDED AS ADDITIONAL INSURED AS REQUIRED BY WRITTEN CONTRACT. SEE ATTACHED ENDORSEMENT. RE: 07-01 EL TOYON SOCCER FIELD CERTIFICATE HOLDER CANCELLATION CITY OF NATIONAL CITY 1243 NATIONAL CITY BLVD NATIONAL CITY CA 91950-4301 CINATIO 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. AU I� °RE TIVE ACORD 25 (2001/08) ©ACORD CORPORATION 1 CNA G-140331-B (Ed. 01/09) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE (OPTIONAL) Name of Additional Insured Person(s) Or Organizations (As required by written contract/agreement per Paragraph A. below.) Location(s) of Covered Operations (As per the written contract/agreement, provided the location is within the "coverage territory" of this Coverage Part.) (Coverage under this endorsement is not affected by an entry or lack of entry in the Schedule above.) A. Section II - Who Is An Insured is amended to include as an additional insured any person(s) or organization(s), including any person or organization shown in the Schedule above, whom you are required to add as an additional insured on this Coverage Part under a written contract or written agreement, provided: a. The written contract or written agreement was executed prior to: 1. The "bodily injury" or "property damage; or 2. The offense that caused the "personal and advertising injury" for which the additional insured seeks coverage under this Coverage Part; and b. The written contract or written agreement pertains to your ongoing operations or "your work" for the additional insured(s). B. The insurance provided to the additional insured is limited as follows: 1. The person or organization is an additional insured only with respect to liability for "bodily injury," "property damage," or "personal and advertising injury" caused in whole or in part by: a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf G-140331-B (Ed. 01/09) in the performance of your ongoing operations for the additional insured(s) or c. "Your work" that is included in the "products -completed operations hazard" and performed for the additional insured, but only if this Coverage Part provides such coverage, and only if the written contract or written agreement requires you to provide the additional insured such coverage. 2. However, we will not provide the additional insured any broader coverage or any higher limit of insurance than the least of those: a. Required by the written contract or written agreement; b. Described in B.1. above; or c. Afforded to you under this policy. 3. This insurance is excess of all other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, unless the written contract or agreement requires this insurance to be primary. In that event, this insurance will be primary relative to insurance which covers the additional insured as a named insured. We will not require contribution from such insurance if the written contractor written agreement also requires that this insurance be non-contributory. But with respect to all other insurance under which the Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 1 of 2 CNA additional insured qualifies as an insured or additional insured, this insurance will be excess. 4. The insurance provided to the additional insured terminates when your operations for the additional insured are complete. But if the written contract or written agreement specifies a date until which this insurance must apply, then this insurance terminates: a. On the date specified in the written contract or written agreement; or b. When this policy expires or is cancelled, whichever occurs first. C. With respect to the insurance afforded to the additional insured, the following additional exclusions apply. This insurance does not apply to: 1. "Bodily injury," "property damage," or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and b. Supervisory, inspection, architectural or engineering activities. 2. "Bodily injury," "property damage," or "personal and advertising injury" arising out of any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this Coverage Part. D. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: E. 1. The Duties In The Event of Occurrence, Offense, Claim or Suit condition is amended to G-140331-B (Ed. 01/09) G-140331-B (Ed. 01/09) add the following additional conditions applicable to the additional insured: An additional insured under this endorsement will as soon as practicable: (1) Give us written notice of an "occurrence" or an offense which may result in a claim or "suit" under this insurance, and of any claim or "suit" that does result; (2) Tender the defense and indemnity of any claim or "suit" to any other insurer or self insurer whose policy or program applies to a loss we cover under this Coverage Part; Except as provided in Paragraph B.3 of this endorsement, agree to make available any other insurance the additional insured has for a loss we cover under this Coverage Part; and (4) Send us copies of all legal papers received, and otherwise cooperate with us in the investigation, defense, or settlement of the claim or "suit." We have no duty to defend or indemnify an additional insured under this endorsement until we receive from the additional insured written notice of a claim or "suit." 2. With respect only to the insurance provided by this endorsement, the first sentence of Paragraph 4.a. of the Other Insurance Condition is deleted and replaced with the following: 4. Other Insurance a. Primary Insurance This insurance is primary and non- contributory except when rendered excess by this endorsement, or when Paragraph b. below applies. The provisions of the written contract or written agreement do not in any way broaden or amend this Coverage Part. (3) Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 2 of 2 ACORD„ CERTIFICATE OF LIABILITY INSURANCE OP ID S1 OHNOC-1 DATE (MMIDDIYYYY) 09/07/10 PRODUCER Hub International Northwest P. 0. Box 3018 Bothell WA 98041-3018 Phone:425-489-4500 Fax:425-489-4501 INSURED OHNO CONSTRUCTION COMPANY 9416 MLR Jr. Way S. Seattle WA 98118 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIOI\ 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 INSURERA Granite State Insurance Co. INSURER B: INSURER C: INSURER D: INSURER E: NAIC # 23809 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR AWL INSRLU TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MMIDDNY) POLICY EXPIRATION DATE (MMIDDM!) LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY 1 CLAIMS MADE . OCCUR L EACH OCCURRENCE $ -DAENIEU PREMISES (EaGE 1U occurence) $ $ MED EXP (My one person) PERSONAL & ADV INJURY GENT _.. $ GENERAL AGGREGATE $ AGGREGATE LIMIT APPLIES PER: POLICY PRO- LOC JECT PRODUCTS - COMP/OP AGG $ AUTOMOBILE _ y LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY __... ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN E4 ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY OCCUR CLAIMS MADE DEDUCTIBLE r— RETENTION $ EACH OCCURRENCE $ $ $ , AGGREGATE $ $ A WORKERS COMPENSATION AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below 002226499 CAWC 12/06/09 12/06/10 X ',TORWCSMOLIMTTSTS EER R E.L. EACH ACCIDENT $ 1000000 E.L. DISEASE - EA EMPLOYEE $ 1000000 E.L. DISEASE - POLICY LIMIT $ 1000000 OTHER DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS RE: 07-01 EL TOYON SOCCER FIELD CERTIFICATE HOLDER CANCELLATION CITY OF NATIONAL CITY 1243 NATIONAL CITY BLVD NATIONAL CITY CA 91950-4301 CINATIO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABIUTY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AU /JCII j.TISPRE TIVE ACORD 25 (2001/08) ©ACORD CORPORATION 1 CITY OF NATIONAL CITY BUSINESS LICENSE APPLICATION 1243 NATIONAL CITY BLVD, NATIONAL CITY, CA 91950 PLEASE TYPE OR PRINT. LICENSE WILL NOT BE ISSUED IF REQUIRED INFORMATION IS INCOMPLETE. ENCLOSE PAYMENT WITH APPLICATION. MAKE CHECKS PAYABLE TO THE CITY OF NATIONAL CITY. A. GENERAL INFORMATION BUSINESS NAME (D.B.A. OR IN°DUAL NAIIE) 0hAo ConSkY'LAcron Corn xt,(4Oq)351,-S,ia- LOCAL BUSINESS PHONE CORPORATE NAME (IF DIFFERENT FROM D.B.A.) dd NUMBER DIR STREET NAME ROOM/SUITE N0. NAILING ADDRESS AND/I \ VT) it DIR EET NAfI. e- / I ROOM/SUITE NO. P.O. BOX NO C 0 YI YIA TT CX� ZIP CODE 6*''3 i 1 PHONE NUMBER AT MAILING ADDRESS. INCLUDE AREA CODE 6101- 35( -5 o7 - CASHIER'S COPY B. TRANSACTION TYPE CHEfKAND COMM FTF TEAM *CAN F BUS # LIC # ALL LICENSES EXPIRE DECEMBER 31 RENEWALS ARE DUE BY FEBRUARY 28 City of National City BUSINESS LICENSE DIVISION (619) 336-4330 TAXES $ MISC $ PENALTY $ TOTAL $ D NFW BUSYNFSSIN NATIONAL CITYS.BUSINESS W ILL DPEN/OPENED ON: I) OWNPRCHTP CHANGE: PREVIOUS BUSINESS NAMF: . DESCR CHECK ONE: A. 0 WHOLESALE 8. 0 RETAIL C. L SERVICE D. 0 RENTAL UNITS, # OF UNITS __ E. 0 MANUFACTURING F.,KCONTRACTOR STATE LICENSE #/ HEALTH PERMIT/ ABC #/ DRIVERS LIC. # g 33L)(1 O STATE RESALE # FEDERAL ID #/ SOCIAL SEC. # - 09 19 (...+-F s- DE,SCRIBE BUSINESS FULLY - INCLUDE PRINCIPAL PRODUCT 0 SERVICE . Av,i+ on C-zLc-or - g.evtDvv n.. 04 eXA54--ovA 01 (03.ah Soccer' K:-clA NUMBER OF BUSINESS VEHICLES OPERATING IN NATIONAL CITY WITH YOUR COMPANY ADVERTISING (LOGO) ON THEM et D. OWNERSHIP INFORMATION CHECK ONE: 1. .7 SINGLE PROPRIETORSHIP 2. 0 PARTNERSHIP C.XCORPORATION LIST OWNER/PARTNERS/CORPORATE OFFICERS LAST NAME n iFIRST NAME ILO �oS H i o MI TALE [ res e s;�e rIAL H E %'^N 2 e• . 5 p >9 HOME�A Li ADDRESS11 . L • k • -1 Y • LVaI/I iS . � �FITj �(°„A'["� I C• , , 1 ATE W MP CODE VI l I g LAST ME FIRST NAME, 15* ra LAi l n R i CAR•4 ( MI TITL - V k 02. I'✓V.A. tdla-n± HOME PHONE 20(t. Ya 1. t t 3 HOME ADDRESS 1 b l '►L-1 F,� o k I e A� e CITY STATE � 't-7LmA C ZIP CODE 9 3-i 7 ENCY INFORMATION LIST IN ORDER OF PRIORITY AND PROXIMITY TO BUSINESS THE PERSON TO BE CONTACTED AT NIGHT IN CASE OF BREAK IN OR FIRE N AME 1. i3 ,04,T C(ark o �les (erv: TALE �a�. Forew51- TELEPHONE ti -Iii+4 2.� DO YOU HAVE A BURGLAR ALARM? LX NO 2. 0 YES: IF YES 3. 0 SILENT 4. ❑ AUDIBLE NAME OF ALARM COMPANY PHONE # E PLEASE INDICATE THE NUMBER OF EMPLOYEES EMPLOYED BY YOUR BUSINESS: 7-0 MA OFFICE USE ONLY DECALS V G B/C - H/0 PEND AUDITED BY ON FILE: B/C - H/0 N/A B/C - H/0 PEND P L A I - A A/P C C-A/P DATE ENTERED BY DATE H/0 PD B/L SENT DATE INT e BUSINESS LICENSE TAX RATE SCHEDULES SCHEDULE I- BUSINESSES NOT CHARGED ON GROSS RECEIPTS (ENTER TOTAL ON LINE 11 BELOW CONSTRUCTION ONLY A. Type 'C" Sub -Contractor -Out -of -Town AB. Type "A' or'B" contractor -Out -of -Town _ C. Adult only movie theater _ D. Adult only book store E. Amusement arcade _ F. Bowling alley G. Dancehail $ 135.00 $ 200.00 $ 535.00 $ 535.00 $ 265.00 $ 265.00 $ 805.00 H. Fortune telling I. Bingo _ J. Pawn broker _ K Swap meet _ L. Mobile search light advertising _M. Mobile Amusement vehicle N. 2nd location in National City SCHEDULE II - BUSINESSES CHARGED ON GROSS RECEIPTS TAXABLE GROSS RECEIPTS 0-19,999 20,000-49,999 50,000-99,999 100,000-199,999 200,000-299,999 300,000-399,999 400,000-499,999 500,000-599,999 600,000-699,999 700,000-799,999 800,000-899,999 900,000-999,999 1,000,000-1,099,999 1,100,000-1,199,999 1,200,000-1,299,999 1,300,000-1,399,999 1,400,000-1,499,999 1,500,000-1,999,999 2,000,000-2,499,999 2,500,000-2,999,999 3,000,000-3,499,999 3,500,000-3,999,999 4,000,000-4,999,999 5,000,000-5,999,999 6,000,000-7,999,999 8,000,000-10,999,999 11,000,000-13,999,999 14, 000, 000-15, 999, 999 16, 000, 000-17, 999, 999 18, 000, 000-19, 999, 999 20,000,000-21,999,999 22,000,000 - AND ABOVE $ 265.00 Q. Registered Not -far -profit $ 50.00 P. Fee exempt $ 400.00 _ O. Warehouse incidental to business $ 6,000.00 (Business must be in National City.) $ 135.00 S. Auctioneer $ 65.00 1. Out-of-town vendor $65.00 per vehicle $ 20.00 $65.00 x vehicles = 2. Retail food & beverage vendors $200 per vehicle $200.00 x vehicles = 1 2 3 50 50 50 50 50 50 50 50 52 50 50 58 50 64 80 60 81 101 73 97 121 84 113 141 96 128 160 107 143 179 118 157 197 129 172 215 139 185 232 149 199 248 159 212 265 168 224 280 177 236 296 222 296 370 266 355 444 310 413 516 352 469 586 392 523 653 470 627 783 545 727 908 688 918 1,147 894 1,192 1,490 1,091 1,455 1,819 1,217 1,623 2,029 1,343 1,791 2,238 1,469 1,958 2,448 1,594 2,126 2,657 1,720 2,294 2,867 BUSINESS CLASSIFICATION 4 5 BUSINESS LICENSE TAX CALCULATION 50 50 60 70 96 121 145 169 192 214 236 257 278 298 318 336 355 444 533 619 703 784 940 1,090 1,376 1,788 2,183 2,434 2,686 2,937 3,189 3,440 A. BASIC TAX (CHECK ONE) 1. _ FOR CLASSIFICATION 1-6, FIRST LICENSE $50.00 2. _ FOR CLASSIFICATION 1-6 ONLY, SECOND YEAR RENEWAL 3. EXACT GROSS RECEIPTS FROM PREVIOUS YEAR $ 4. TAX (FROM RATE SCHEDULE II) $ X 2 = 5. LESS PRIOR YEAR MINIMUM DEPOSIT $ -50.00 6. NET TAX 7. FOR CLASSIFICATION 1-6 ONLY, RENEWALS AFTER SECOND YEAR 8. EXACT GROSS RECEIPTS FROM PREVIOUS YEAR $ 9. TAX (FROM RATE SCHEDULE II) 10. _ FOR BUSINESSES NOT CHARGED ON GROSS RECEIPTS 11. FLAT TAX (FROM RATE SCHEDULE I) D. OTHER FEES (CHECK IF APPLICABLE( 12. _ CHANGE OF LOCATION ($50.00 + $10.50 Admin fee) 13. _ CHANGE OF BUSINESS NAME ($11.00) 14. _ VIDEO GAMES,-55.00 PER MACHINE X 15. __ MISCELLANEOUS 16. SUBTOTAL MACHINES C. PENALTY IF PAID AFTER FEBRUARY 28th 17. _ MARCH 1' through MARCH 31'ADD 20"/ 18. APRIL 1' through APRIL 30' ADD 40% 19. _ MAY 1' through MAY 31'ADD 60% 20. _ JUNE 1" through JUNE 30' ADD 80% 21. _ AFTER JUNE 30' ADD 100% 22. TOTAL TAX DUE PLEASE ENCLOSE PAYMENT WITH APPLICATION CHECKS SHOULD BE MADE PAYABLE TO THE CITY OF NATIONAL CITY 50 60 74 81 112 141 169 197 224 250 275 300 324 348 371 392 414 518 621 723 820 915 1,096 1,271 1,606 2,086 2,547 2,840 3,133 3,427 3,720 4,014 WC WC WC $ 135.00 6 50 80 86 93 128 161 194 225 256 286 315 343 371 398 423 449 473 592 710 826 938 1045 1253 1453 1835 2384 2,910 3,246 3,581 3,916 4,252 4,587 00 D. SALES OR USE TAX MAY APPLY TO YOUR BUSINESS ASCTIVITIES. YOU MAY SEEK GRITEN ADVICE REGARDING THE APPLICATION OF TAX TO YOUR PARTICULAR BUSINESS BY WRITING TO THE NEAREST STATE BOARD OF EQUALIZATION OFFICE. E. I DECLARE UND NA}.TY OF PE ! JRY THAT THE STATEMENTS HEREIN ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. SIGNATURE t7CGl�J BUSINESS NAME Y\t1 0(E%n s-�y tot TITLE I Lt Pre.G DATE g V , i RESOLUTION NO. 2010 — 189 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO OHNO CONSTRUCTION IN AN AMOUNT NOT -TO -EXCEED $440,642.20, AND APPROPRIATING AN ADDITIONAL 25% FOR CONTINGENCIES FOR CONSTRUCTION IMPROVEMENTS FOR THE NATIONAL CITY EL TOYON SOCCER FIELD PROJECT, AND AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT WHEREAS, the Engineering Department, in open session on June 22, 2010, did publicly open, examine, and declare five sealed bids for the National City El Toyon Soccer Field Project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for the El Toyon Soccer Field Project to the lowest responsive, responsible bidder, to wit: OHNO CONSTRUCTION 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 $440,642.20 with Ohno Construction for the National City El Toyon Soccer Field Project. Said contract is on file in the office of the City. BE IT FURTHER RESOLVED that the City Council of the City of National City authorizes the appropriation of an additional $119,160.55 allocated for unforeseen changes. PASSED and ADOPTED this 17th day of August, 2010. on Morrison, Mayor ATTEST: cr,,,21)11 l R. DallaCI Mic Clerk APPROVED AS TO FORM: k '4,44 ,010 dia G. a City Attorne Passed and adopted by the Council of the City of National City, California, on August 17, 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 of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2010-189 of the City of National City, California, passed and adopted by the Council of said City on August 17, 2010. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA c a oeu - Sy COUNCIL AGENDA STATEMENT MEETING DATE: August 17, 2010 AGENDA ITEM NO. 10 .TEM TITLE: Resolution of the City Council of National City awarding a contract to Ohno Construction, in the amount not -to - exceed $440,642.20 for construction improvements for the El Toyon Soccer Field Specification 07-01 and authorizing the Mayor to execute the contract. (Funded by CDBG Fund, County of San Diego Grants and Park & Rec. Capital Outlay Fund) PREPARED BY: Barby Tipton PHONE: x-4583 EXPLANATION: The soccer field project includes demolition, clearing & grubbing, grading, special sub -grade preparation and drainage, installation of (City provided) synthetic turf for a joint use soccer/football field, goal posts, striping and maintenance equipment. On June 22, bids were opened. The apparent low bidder, Ohno Construction, came in at $440,642.20. Attached is the Bidders' Proposal Worksheet with the three lowest bid details. A contingency amount of $110,160.55 (25%) per "Greenbook" (Standard Specifications for Public Works Construction) will cover unforeseen changes. Staff recommends that the Resolution be adopted awarding the contract to Ohno Construction and appropriating the amount to cover the contract plus 25% contingency for a total $550,802.75 for the construction of the El Toyon Soccer Field. The Contractor has agreed to a set timeframe for the issuance of the Notice to Proceed, which may be issued between August 17, 2010 and December 15, 2010. They have further agreed to honor the bid proposal submitted for Bid Specification 07-01 thru this revised period. DEPARTMENT: Deve1 CSr,�rvices/ En APPROVED B FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS Funds for a total amount of $550,802.75 (contract plus 25% contingency) are available in expenditure account numbers 115-409-500-598-4076 ($179,364.00) and 301-409-500-598-4076 ($371,438.75) ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Bid Opening Information Sheet 2. Bid Proposal Spreadsheet for the 3 lowest bidders 3. First Amendment to Bid Specification 07-01 4. Resolution ? so�vC�u►a ' o aa�o � b9 CA IIVQORPO i ATE9 October 12, 2010 Mr. Richard Brangwin Ohno Construction Co. 16174 Boyle Avenue Fontana, CA 92337 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 Dear Mr. Brangwin, On August 17th, 2010, Resolution No. 2010-189 was passed and adopted by the City Council of the City of National City, awarding a Contract to Ohno Construction. We are enclosing for your records a certified copy of the above Resolution and a fully executed original Contract. Michael R. Dalla, CMC City Clerk Enclosures cc: Engineering Dept.