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HomeMy WebLinkAbout2012 CON Sadie Construction - Bus Bench Shelter ProjectCONTRACT NATIONAL CITY CITYWIDE BUS BENCH -SHELTER INSTALLATIONS PROJECT, FY 11-12, SPECIFICATION NO. 11-05 THIS CONTRACT, made and entered into this 7th day of February, 2012 by and between the City of National City, California, herein after designated as the "City", and Sadie Construction, Inc. , hereinafter designated as the "Contractor". WITNESSETH: that the parties hereto do mutually agree as follows: 1. For and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the City, the Contractor agrees with the City to furnish all materials and labor for: NATIONAL CITY CITYWIDE BUS BENCH -SHELTER INSTALLATIONS PROJECT, FY 11-12, SPECIFICATION NO. 11-05 and to perform and complete in a good and workmanlike manner all the work pertaining thereto shown on the plans and specifications therefore; to furnish at his own proper cost and expense all tools, equipment, labor and materials necessary therefore; and to do everything required by this agreement and the said plans and specifications. 2. For furnishing all said materials and labor, tools and equipment, and doing all the work contemplated and embraced in this Contract, also for all loss and damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the work until its acceptance by the City and for all risks of every description connected with the work; also, for all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as in said specifications are expressly stipulated to be borne by the City and for well and faithfully completing the work and the whole thereof, in the manner shown and described in the said plans and specifications, the City will pay and the Contractor shall receive in full compensation therefore the lump sum price, or if the bid is on the unit price basis, the total price for the several items furnished pursuant to the specification, named in the bidding sheet of the proposal, as the case may be. 3. The City hereby promises and agrees to employ, and does hereby employ said Contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to for the price aforesaid and hereby conditions set forth in the specification; and the said parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full perfoimance of the covenants herein contained. 27 CONTRACT (CONTINUED) NATIONAL CITY CITYWIDE BUS BENCH -SHELTER INSTALLATIONS PROJECT, FY 11-12, SPECIFICATION NO. 11-05 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 entered upon it in accordance with applicable law in any court having jurisdiction thereof. 7. The Contractor agrees to comply with all Local, State and Federal regulations and with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970 (42 U.S.C. 1857 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) as amended. 28 CONTRACT (CONTINUED) NATIONAL CITY CITYWIDE BUS BENCH -SHELTER INSTALLATIONS PROJECT, FY 11-12, SPECIFICATION NO. 11-05 IN WTI`NESS 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: By: Ps ci Title: % -ecii T'G Y---I.‘ ! fi e Q S tis-e Federal ID. No. S F —a— 6 l S 9T S O CITY: By: Title: Mayor, City of National City ATTEST: By: Title: City Clerk, City of National City (3e.tti (Notarial acknowledgement of execution by all PRINCIPALS OF CONTRACTOR must be attached.) 29 CONTRACT (CONTINUED) NATIONAL CITY CITYWIDE BUS BENCH -SHELTER INSTALLATIONS PROJECT, FY 11-12, SPECIFICATION NO. l 1-05 CORPORATE CERTIFICATE named as Contractor in % . INm.. L_ , .F,'c 1 S Contractor was then P r`e S certify that I am the Secretary of the Corporation the foregoing Contract; that , who signed said contract on behalf of the 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, -(-�U _e iA IAA , F 1`e Id S certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that S t-e J e ,A_ IAA R''e..' I A s , who signed said contract on behalf of the Contractor, was then S' e c is 1--et iil /TV-i,CcS it in e ,-- 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: 30 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On /-c._‘o� e ?/ 2o/ - before me, personally appeared } fir-'3"1tC H Insert ame and Title of the icer Name(s) of Signer(s) BARDIA SADEGHI COMM.# 1868449 'r NOTARY PUBLIC-CALIFORNIA N tS'fiy;1, ORANGE COUNTY 1 arc MY CONN. Exr. Oci. 17.2013 T Place Notary Seal Above Signature OPTIONAL 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 true and correct. of the State of California that the fore..' • • - -• aph is WITNESS my hand and official AP. ot- Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: J Individual ❑ Corporate Officer — Title(s): [ 1 Partner — O Limited ❑ General ❑ Attorney in Fact 1-1 Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact Ll Trustee Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb -ere ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402. www.NationalNotary.org Item R5907 Reorder: Call Toll -Free 1-800-876-6827 CONTRACT. (CONTINUED) NATIONAL CITY CITYWIDE BUS BENCH -SHELTER INSTALLATIONS PROJECT, FY 11-12, SPECIFICATION NO. 11-05 PARTNERSHIP CERTIFICATE STATE OF ) ss COUNTY OF On this day of , 2012, 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: 31 BOND EXECUTED IN THREE (3) ORIGINAL COUNTER PARTS .BOND NUMBER: 1000907274 BOND PREMIUM: $2,534.00 PERFORMANCE BOND NATIONAL CITY CITYWIDE BUS BENCH -SHELTER INSTALLATIONS PROJECT, FY 11-12, SPECIFICATION NO. 11-05 KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City Council of the City of National City, by Resolution No. 2012-38, passed the 7th day of February, 2012 has awarded to Sadie Construction Inc. , hereinafter designated as the "Principal", the NATIONAL CITY CITYWIDE BUS BENCH -SHELTER INSTALLATIONS PROJECT, FY 11-12, SPECIFICATION NO. 11-05. 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 AMERICAN CONTRACTORS INDEMNITY COMPANY as surety, are held and firmly bound unto the City Council of the City of National City, hereinafter called the "Council', in the penal sum of Eighty Four Thousand, Four Hundred Seventy Five Dollars ($84,475.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the above bounden Principal, his/her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said contract any alteration thereof made as therein provides, on his or their part, to be kept and performed at the time and in the amount therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of National City, the City Council, their officers, agents, and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or additions to the terms of the contract or to the work or to the specifications. 32 PERFORMANCE BOND (CONTINUED) NATIONAL CITY CITYWIDE BUS BENCH -SHELTER INSTALLATIONS PROJECT, FY 11-12, SPECIFICATION NO. 11-05 In the event suit is brought upon this bond by the City of National City and judgement 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 (SEAL) (SEAL) (SEAL) AMERICAN CONTRACTORS Surety INDEMNITY COMPANY RHOI TRAN, ATTORNEY -IN -FACT APPROVED AS TO FORM: By: Claudi'Si1v City Attorney 17TH day of� FEBRUARY , 2012. ;?(-5 , (SEAL) `tsEAI,) (SEAL) Principal SADIE CONSTRUCTION, INC. 33 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of 0 c �& On 2o11- before me, iat'e Sacc'�G Jac ir,. �JCGr C_ eInsert N'�ame and Title oft Officer personally appeared �. c_A,VR Gti Name(s) of Signer(s) L. V- 0�-.+�. comm, ># 1868449 1�nn (� •4+-`-��F% NOTARY PUBLIC•CALIFORNIA Vl ORANGE COUNTY m 1_ MY COUM. E%P 07. 17, 201314 BARDIA SADEGHI Place Notary Seal Above 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 Signature OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s): ❑ Partner — ❑ Limited ❑ General Li Attorney in Fact • Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association• 9350 De Soto Ave, P.O. Box 2402 •Chatsworth, CA 91313-2402• www.NationalNotary.org Item#5907 Reorder:CallToll-Free 1-800.876-6827 PERFORMANCE BOND (CONTINUED) NATIONAL CITY CITYWIDE BUS BENCH -SHELTER INSTALLATIONS PROJECT, FY 11-12, SPECIFICATION 140,. 11-05 ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF COUNTY OF ) ss On this , 2012, before me, the undersigned, a Notary Public in and for said County and State, personally appeared �,� known to me to be the person whose name is subscribed to the within instrument as the attorney -in -fact of the , the corporation named as Surety in said instrument, and acknowledged to me tha he subscribed the name of said corporation thereto as Surety, and his own name as attorney-in-fac NOTE: Signature of those executing for Surety must be properly acknowledged. NSTE: The Attorney -in -fact must attach a certified copy of the Power of Attorney. Signature: Name (Type or Print): Notary Public in and for said County and State My Commission expires: 34 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ORANGE On FEBRUARY 17, 2012 before me, Date personally appeared } CHRIS THEVENY, NOTARY PUBLIC Here Insert Name and Title of the Officer KROI TRAN Name(s) of Signer(s) CHRIS THEVENY Commission # 1797107 Notary Public - California Orange County r MYCornet. ExpiresMay 2, 20121 Place Notary Seal Above 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 h Signature OPTIONAL gnature of Notary P Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: BOND NUMBER: 1000907274 Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: KHOI TRAN ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — 0 Limited ❑ General • Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: AMERICAN CONTRACTORS INDEMNITY COMPANY RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — 0 Limited 0 General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here C 2007 National Notary Association • 9350 De Solo Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item 95907 Reorder: Call Toll -Free 1-800-876-6827 POWER OF ATTORN AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MIEN BY THESE PRESENTS: That American Contractors Indemnity Cotnpan-y, a California corporation, Texas Bonding Company, an assumed name of A rierikan Ccrlitiradtors Indemnity -Comply, Unit tates Surety Company, a Maryland eo€pmrtion and U.S. Specialty Insurance Company, a Texas corporation (collectively, the Companies"), do by these presents make, constitute and appoint: Paul S. Dito, Paula LaSalle, Denise Lopez, Chris Theveny, Khoi Tran, Freddy Anvari, Carmina Johansson, or Maricela Lares of Orange, California its true and lawful Attorney(s)-in-fact, each in their separate capacity if more than eine is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizauees,-undertakings or other instruments or contracts of suretyship to include riders, amehdntents, and consents of surety, providing -the Bond penalty does not exceed *****Three Million***** Dollars ($ **3,000,000.00** ). This Power of Attorney shall expire without further action on March 18, 2015. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved. that the President, any Vice -President, arty Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority- appoint any one or more suitable petsons as Attarhey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and on behalf of the C'ampany, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved thatthe signature of any authorized officer and seal of the£ompany heretofore or hereafter affixed on arty power of attomey or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal'shall be valid and binding upon the Company with respect tQ any bond or undertaking to which it is attached. IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 3rd day of October, 2011. AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES. SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY Corporate Seals s\ -. Daniel P. Aguilar, V e Presi ent State of California County of Los Angeles SS: On this 3rd day of October, 2011, before me, Deborah Reese, a notary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person(s), or the entity upon behalf of which, the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California' that the foregoing paragraph is true and correct. WITNESS my hand and official seal. -- -- �d k' Camaaaw1iutt ar ern MOW NEU ^, a Notary Pot,* • Caattaia loa n Neon +ICdwa, ExpiresMale. NI ;. Signature 1.44.1L ✓#r (Seal) I, Jeannie Lee, Assistant Secretary of American Contractors_ Indemnity Co np(uny„'I'exr s Bonding company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy ofa Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this 17TH day of B)AHY , 2012• Corporate Seals �; — t Bond No. 1000907274 '- - -' Jeannie Lee, A,ttsistant Secretary Agency No. 9007 EXECUTED IN THREE (3) ORIGINAL COUNTER PARTS BOND NUMBER: 1000907274 BOND PREMIUM: INCLUDED IN PRICE OF PERFORMANCE BOND PAYMENT BOND NATIONAL CITY CITYWIDE BUS BENCH -SHELTER INSTALLATIONS PROJECT, FY 11-12, SPECIFICATION NO. 11-05 KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City Council of the City of National City, by Resolution No. 2012-38, passed the 7th day of February, 2012 has awarded to Sadie Construction, Inc., hereinafter designated as the "Principal", the NATIONAL CITY CITY WIDE BUS BENCH-SHETER INSTAATION PROJECT, FY 11-12, SPECIFICATION NO. 11-05. 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 AMERICAN CONTRACTORS INDEMNITY COMPANY as surety, are held and firmly bound unto the City Council of the City of National City, hereinafter called the "Council", in the penal sum of Eighty Four Thousand, Four Hundred Seventy Five Dollars ($84,475.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his/her or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay any of the persons named in Section 3181 of the California Civil Code, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the Contractor and his subcontractors pursuant to Section 18806 of the Revenue and Taxation Code, with respect to such work and labor the Surety will pay for the same in an amount not exceeding the sum hereinafter specified, and also, in case suit is brought upon this bond, a reasonable attorney's fee, to be fixed by the Court. This Bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code, so as to give a right of action to such persons or their assigns in any suit brought upon this bond. 35 PAYMENT BOND (CONTINUED) NATIONAL CITY CITYWIDE BUS BENCH -SHELTER INSTALLATIONS PROJECT, FY 11-12, SPECIFICATION NO. 11-05 It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement hereinabove described or pertaining or relating to the furnishing of labor, materials, or equipment thereof, not by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement hereinabove described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner of Public Entity and original contractor or on the part of any obliges named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 3110 or 3112 of the California Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned. IN WITNESS WHEREOF three identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the 17TE day of FEBRUARY , 2 2., (SEAL) /./ G "l . S " (SEAL) (SEAL) Agri ' t (SEAL) (SEAL) (SEAL) AMERICAN CONTRACTORS INDEMNITY COMPANY KHOI TRAN, ATTORNEY -IN -FACT Surety Principal SADIE CONSTRUCTION, INC. 36 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of } On 2/, D-00- before me, ate personally appeared BARDIA SADEGHI CoMM.# 1868449 in NOTARY PUBLIC-CALIFORNIA VI ORANGE COUNTY MY COMM. Eze. OCT. 17, 2813 T Place Notary Seal Above Signature OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Here lrsert Name and Title of Maxtor(icer Name(s) of Signer(s) e_No L--, eA 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 -. ,p �Isgwriapir- Signs Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): Li Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator LI Other: Signer Is Representing: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Assodation• 9350 De Soto Ave., P.O. Box 2402• Chatsworth, CA 91313-2402 www.NationalNotary.org Item #5907 Reorder: Call Toll -Free 1-800-876-6827 PAYMENT BOND (CONTINUED) NATIONAL CITY CITYWIDE BUS BENCH -SHELTER INSTALLATIONS PROJECT, FY 11-12, SPECIFICATION NO. 11-05 ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF COUNTY OF On this day of for said County ) ss , 2012, before me, the undersigned, a Notary Public in and 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 subscribed the name of said corporation thereto as instrument, and acknowledged to me, that he Surety, and his own name as attorney -in -fact. NOTE: Signature of those executing for`, acknowledged. Surety must be properly NOTE: The Attorney -in -fact must attach a certified copy of the Power of Attorney. Signature: Name (Type or Print): (Notary Public in and for said Coun My Commission expires: and State) APPROVED AS TO FORM: By: Claudia Silva City Attorney 37 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ORANGE On FEBRIIARY 17 2019 before me, Date personally appeared } CHRIS THEVENY, NOTARY PUBLIC KHOI TRAN Here Insert Name and Title of the Officer Name(s) of Signers) CHRIS THEVENY [ Commission # 1797107 LLL Notary Public - California Orange County 11 Comm. Expires M72, 2012 Place Notary Seal Above 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 h Signature OPTIONAL ure of Notary Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: BOND NUMBER: 1000907274 Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: KHOI TRAN ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General • Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing AMERICAN CONTRACTORS INDEMNITY COMPANY RIGHT THUN OF SIGt BPRINT ER Top of thumb here Signer's Name: LI Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here 02007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 *Chatsworth, CA 91313-2402- www.NationalNotaryag Item #5907 Reorder Call Toll -Free 1-800-876-6827 • POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PR,ESINTS: That American Contactors €ndenurity Company, a California corporation, Texas Bonding Company, an assumed name of'American Contractors Indemnity- Company, nitdd States Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collecdsrely+, the "Companies"), do by these presents make, constitute and appoint: Paul S. Dito, Paula LaSalle, Denise Lopez, Chris Theveny, Khoi Tran, Freddy Anvari, Carmina Johansson, or Maricela Lares of Orange, California its true and lawful Attorney(s)-in-fact, each in their separate capacity if more then one is narked above, with full power and authority hereby conferred in its name, place and stead to execute, acknowledge and deliver, airy attd alll bonds, recognizances, undertakings or other instruments or contracts of suretyship to Include riders, amendments, and consents of surety, providing' the bond penalty does not exceed *****Three Million***** Dollars ($ **3,000,000.00** ), This Power of Attomey shall expire without further action on March 18, 2015. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved, that thePresident, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable Ipetsens as Attomiey(s)-in-Fact to represent and act for and on I ehalfof the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and on behalf of die Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary, Be it Resolved, that the signature of any authorized officer and sealof the Company heretofore or herea'ftler affixed Ito arty power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certiftcatelaearing facsimile signature or facsimile seal Shall be taliyt and building upon the Company with respect to any bond or undertaking to which it is attached. - - - IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 3rd day of October, 2011. AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES,SURItTY COj41PANY U.S. SPECIALTY INSURANCE COMPANY Corporate Seals -.- Daniel P. Aguilar, Vice President State of California County of Los Angeles SS: On this 3' day of October, 2011, before me, Deborah Reese, a notary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERIURY under the laws of the State of Califomi WITNESS my hand and official seal Signature 41— ,tee (Seal) going paragraph is true and correct. MORAN REESE Cohmisika I Iri'Amu Mary Coolie •talon* Lao Anprarr Sooty kart gMR IL 2015 I, Jeannie Lee, Assistant Secretary of American Contractors Indemni Company, Tex $o a Company, United States Per Company and U.S. Specialty Insurance Company,do herebycertify thathe'a o e and fore di g is a true and correct ropy f a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof,1 have hereunto set ny hand and,affixled the seals of said Companies at Los Angeles, California this 17TH day of FEBRUARY ; , 2012 Corporate Seals Bond No. 1000907274 Agency No. 9007 annie Lee, .e sistant Secretary EMERGENCY NOTIFICATION LIST NATIONAL CITY CITYWIDE BUS BENCH -SHELTER INSTALLATIONS PROJECT, FY 11-12, SPECIFICATION NO. 11-05 DATE: 1.).1If__ In reference to Section 7-6 of the Standard Specifications my/our representatives at the construction site for the above subject project will be: Name SUS 11Vl F c (c Emergency Telephone Number(s) %/ most' Name Emergency Telephone Number(s) � 1+✓ s S R)0 5os' 7 t13=Z 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 half. id .„a. Signature of Contractor e•-.. i ' es,O(ki... -- Name an• j. e n.turef Contractor Name and Title Note: Two signatures are required if a corporation. Sec 40 CERTHOLDER COPY STATE COMPENSATION INSURANCE FUND ISSUE DATE: 04-13-2011 SADIE CONSTRUCTION PO BOX 324 ATW00D CA 92811-0324 P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE SP GROUP: POLICY NUMBER: 1982307-2011 CERTIFICATE ID: 38 CERTIFICATE EXPIRES: 04-01-2012 04-01-2011/04-01-2012 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. ' `{inif4 l Authorized Representative ' i President and CEO EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #1600 - BLAKELY, SCOTT C PRESIDENT - EXCLUDED. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 04-13-2011 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER LNI CUSTOM MANUFACTURING, INC. 12536 CHARDRON AVENUE HAWTHORNE CA 90250 SP [PMF,CSI SP tREV.8-2010l PRINTED : 04-13-2011 Chairman Ron Morrison Members Alejandra Sotelo-Solis Luis Natividad Rosalie Zarate Mona Rios City Manager Leslie Deese February 14, 2012 Steve Fields Sadie Construction, Inc. 1414 Samp Lane Placentia, CA 92870 �-* CALIFORNIA NATIOawv NAL CITY - e�TCORpORATEJ City Of National City Re: National City Citywide Bus Bench -Shelter Installations Project, FY 11-12. Spec. No. 11-05 Dear Mr. Fields: The City Council of the City of National City awarded a contract to Sadie Construction, Inc. in the amount of $84,475 for the Citywide Bus Bench -Shelter project, Specification Number 11-05, on February 7, 2012. Please complete and return 3 original copies of the Contract included with this letter to Colby Young at 1243 National City Boulevard, National City, CA 91950, by Thursday, February 23, 2012. Please call if you have any questions. Thank you. Colby Young 1243 National City Blvd. National City, CA 91950 (619) 336-4297 Attachment: Contract for Citywide Bus Bench -Shelter project, Specification Number 11-05 (3 copies) 1243 National City Boulevard; National City, California 91950 Tel.: (619) 336.4297 Fax: (619) 336.4286 cyoung@nationalcityca.gov 02/27/2012 10:13. 7149618920 1 r7m. b , AK2 Sanbe'tl l'8 :SAD1E ENTERPRISES•. 562947 5955 02/24 2J'2 14;57 A--R� TN. CERTIFICATE OF LIABILITY INSURANCE Ni3UU *R Farm 4$2442.1!T1 Fu. mg.** .J44 BLARE P. SANBORN INSURANCE 1I2tR4 YYHI TITER BLVD. YYMITTIER CA 10E 3 INELISEO SADIE CONSTRUCTION, INC. 1414 E. SAMP LANE PL ACENTIA CA 92470 COVERAGES OATS f4fA:DCYYYYY, Oy14l202 TMIM CERT7WCATE u MINI AS A MATTER OP REPQRMATION ONLY AND CONPER$ NO MOWS UPON TIM CMTEeICATE P 0t.OER. THIS CERTIFICATE Does NOT AMEND, EMTE'/D ON AiTi►t TI1E CU>( RQE AFFORDED EY PRbpw• I NSUREI4S AFFORDING COVCRAGa• Mamma U -INSURER A ASSOCLATED INDOSTRIEB INSURANCE GOMPAN iINSURER B. i tNSURER C: INSURER U INURESE. RAC THE POLICIES OF ININNAHart -TEO Be -ON NAVE BEEN WIL,26 7?) TN► MORK RA4MD AlCVI FLR ril nIT 1,�`TlsLiClxi 'HITSILA'10. WYT ArrANdNC WY RELIOME'MENT, TERM OR CEMCITIDN ' *Mr CONTRACT OR CTHEF :OGUMENT WITH REHPECI TO WHICH TRIO CERTIFICATE MAY RE tBUUEO OR rt1 PERTAW. THE N✓:URAVCE AFFORDED BY THE PDLLIEB ocBOIBED NE JI 4 SUIIECT TO ALL THS TEIR*41. EXCLUSIONS WO CONDITIONS OF suck ►CLINES ,373R!'CATE IRAfr3 SHOWN MAY NAVE BEEN REOU:IED BY PAID CLAMS TTA �k �J TYPE yepisURANci I POLICY MUMBLUI I (more inform ! mmam l ✓•auTMl MR 7AiERdAWFT 1 EA Si lMNWTQ NISI)! $ . +,006aS� A &RREPEAL.LBUNLITY DO I COMMENLIALaEf4ERAL LOEBTY, NX100111700 02/24/12 I 421 4/1 ! I t 3mi,�RENCE LIAWAat T, �i Psposo7 I 10,000 T'ES. f M::.A�MS NA7E x� CCC4fi l _ MRLP. VIP Nr7r,r,E TRFo7Y I s0000 1,044,444 �E PIRSOML IALTV INJURY GENERA. AGORECATE I 2,000,00B IO""E�Nt AGGREGATE INS' ApPUE9 PTa- `'1 I POLti,Y 1---1( rT 1 ILO, FHODLCIYCOMPlCP A00. E '4000000 ..[_ .t.., -, AUTOROINLX 7] I LI ARII.JYY ,LtriADTO ALL CIANED AUTOS 9�4EDIJ<EUAUYOS •-ipitt AUTOS NONOWNED AUTOO'S I 40NBINso LNNO1.E LIMN' • IEa+oCWA; I BODILY INJURY (A YAMMV I Iltt--�� i &ONLY INJURY (a►' nr) �I j.i.--. I PROPERTY CAMIEF (N+rx) OARAaE LJAIRLRY ANY At-TC AUTGONLY • CAAGCtRINK • - "' 4$1C$i OTTER THAN E5AfcQ AUTO ONLY- "AP I 1 !-- UMBRELLA uUWT' -•.••1 '},C :.JR CLAIMS MADE DEDIJTTIBLE --` RE' ENTION i EAC-10:LURRENCE I MXPLECIATIF 1 s I WORBEeTE DOYPENIATION AND EBRO'V s ' L BuTY Mat PRO$. AISAA tTWtq,c1[acvTrw OE: g9eiNBIiIR plpAllaOr DEL I •:*1U lT 1 DTHFA E.L. EACH AOCIDER T F E•L Of/EAU-EA lMPLOYEE } DIIFASE'PQtICY WIT S yl ylu,. ER' D SCRIPTION OF D►ERATION$npCATIoseuVenICLEBLExcLUBIONa ADDED BY EHDORS MBNTI SPECLAL PROVISIONS CERTIFICATE HOLDER rE clTY OA NATIONAL CITY, ITS OFFICERS, EMPLOYEES AND AGENTS ENQINEERING DEPARTMENT I:ITY FIALL 120 NATIONAL CITY BLVD. NATIONAL CITY, CA 91160 Attarroon: ACDRD 20 (20ovas) CBItN+cata tt 17715 !ROLLO ANY OF tHE ABOVE DE901(I11E!0 POLICIES BE CANCELLED BEFORE THE IJ!PM &TICN DATE THEREOF. THE ABUWO EC4URF4 WIU. IM EAVLM TC MAIL IC LAYS WRITTEN NOTICE TO TTiL CERTIFICATE HOLDER INMEO TO THE ,EFT, BUT FATJURE T0004051444 W a, •DBU #TION ONl1ABILfTY DP ANY CND NINTH THE 1100+04, Ir*ATTS OR • TNF.S• A� A ACORO CORPORATION lava 02/27/2012 MON 10:08 - - 1 JOB NO. 9888) 'I.j-001 ,;.. RESOLUTION NO. 2012 — 38 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO SADIE CONSTRUCTION, INC., IN THE AMOUNT OF $84,475 FOR THE CITYWIDE BUS BENCH -SHELTER PROJECT, AUTHORIZING A 10% CONTINGENCY IN THE AMOUNT OF $8,447 FOR UNFORESEEN CHANGES, AND AUTHORIZING THE MAYOR TO EXECUTE SAID CONTRACT WHEREAS, the Engineering Division of the Development Services Department, in open session on January 23, 2012, did publicly open, examine, and declare nine sealed bids for the National City Citywide Bus Bench -Shelter Project ("Project"); and WHEREAS, a 10% contingency amount up to $8,447 for unforeseen changes to the Project is requested. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for the National City Citywide Bus Bench -Shelter Project to the lowest responsive, responsible bidder, to wit: SADIE CONSTRUCTION, INC. BE IT FURTHER RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute on behalf of the City a contract in the amount of $84,475 with Sadie Construction, Inc., for the National City Citywide Bus Bench -Shelter Project. Said contract is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the City Council hereby authorizes a 10% contingency amount up to $8,447 for unforeseen changes to the Project. PASSED and ADOPTED this 7th day of February- O12. on Morrison, Mayor ATTEST: fp��46 f 41/1c Mich el R. Dalla, Cii,� Clerk PROVED AS TO FORM: y Attorney Passed and adopted by the Council of the City of National City, California, on February 7, 2012 by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Rios, Sotelo-Solis, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California ?ori-aul,, 0,4 City Crrerk 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. 2012-38 the City of National City, California, passed and adopted by the Council of said City on February 7, 2012. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA c ", COUNCIL AGENDA STATEMENT MEETING DATE: February 7, 2012 AGENDA ITEM NO. 3 ITEM TITLE: A resolution of the City Council of National City awarding a contract to Sadie Construction, Inc. in the amount of $84,475 for the Citywide Bus Bench -Shelter project, Specification number 11-05, authorizing a 10% contingency in the amount of $8,447 for unforeseen changes, and authorizing the Mayor to execute the contract (Funded by Prop. 1 B funds). PREPARED BY: Colby Young v PHONE: x4297 EXPLANATION: See attached. DEPARTMENT: Engineering APPROVED BY: / FINANCIAL STATEMENT: ACCOUNT NO. Funds are available in expenditure account 346-409-500-598-6574 (Public Transportation Modernization, Improvement, and Service Enhancement Account Program) in the amount of $84,475 for the contract and $8,447 for the contingency. No General Fund money will be used. ti Finance ENVIRONMENTAL REVIEW: Not applicable ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: STAFF RECOMMENDATION: Adopt the resolution BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Explanation 2. Cost Proposal Worksheet (three lowest bidders) 3. Resolution Explanation On January 23, 2012, nine bids were received and opened for the National City Citywide Bus Bench -Shelter Project, Specification 11-05. The lowest responsive bidder was Sadie Construction, Inc. with a proposed bid amount of $84,475. As presented to City Council on September 27, 2011 and included in the contract documents, the 11 locations identified for installation of the solar -powered bus shelters (with benches and trash receptacles) are: • Euclid Ave @ Plaza Blvd (NB) • Euclid Ave @ Plaza Blvd (SB) • Euclid Ave @ 9th St (SB) • Euclid Ave @ 8th St (NB) • Euclid Ave @ 4th St (SB) • Euclid Ave @ 4th St (NB) • Highland Ave @ 24th St (SB) • Highland Ave, 2600 Block (NB) • Highland Ave @ 28th St (NB) • Highland Ave @ 30th St (SB) • Highland Ave @ 30th St (NB) The bid opening information sheet and the cost proposal worksheet for the three lowest bidders are attached for reference. Citywide Bus Bench -Shelter Installations Sadie Construction, Inc. NI) Electrical Construction, Inc. A.B. Hashmi, Inc. NO. ITEM QTY UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 1 Purchase and install solar powered bus shelter unit (includes bench, solar dome roof, and trash receptacle) 11 EA 7225 79,475.00 7539.1 82,930.10 8175 89,925.00 2 Traffic control 1 LS 5000 5,000.00 4196.2 4,196.20 5500 5,500.00 Total: 84,475.00 87,126.30 95,425.00 Grand Total: $ 84,475.00 $ 87,126.30 $ 95,425.00 RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO SADIE CONSTRUCTION, INC., IN THE AMOUNT OF $84,475 FOR THE CITYWIDE BUS BENCH -SHELTER PROJECT, AUTHORIZING A 10% CONTINGENCY IN THE AMOUNT OF $8,447 FOR UNFORESEEN CHANGES, AND AUTHORIZING THE MAYOR TO EXECUTE SAID CONTRACT WHEREAS, the Engineering Division of the Development Services Department, in open session on January 23, 2012, did publicly open, examine, and declare nine sealed bids for the National City Citywide Bus Bench -Shelter Project ("Project"); and WHEREAS, a 10% contingency amount up to $8,447 for unforeseen changes to the Project is requested. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for the National City Citywide Bus Bench -Shelter Project to the lowest responsive, responsible bidder, to wit: SADIE CONSTRUCTION, INC. BE IT FURTHER RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute on behalf of the City a contract in the amount of $84,475 with Sadie Construction, Inc., for the National City Citywide Bus Bench -Shelter Project. Said contract is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the City Council hereby authorizes a 10% contingency amount up to $8,447 for unforeseen changes to the Project. PASSED and ADOPTED this 7th day of February, 2012. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney 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 SADIE CONSTRUCTION, INC. Resolution No. 2012-38 Award of Contract Bus Bench Shelter Project Judy Hernandez (Engineering) Forwarded Copy of Agreement to Contractor