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HomeMy WebLinkAbout2012 CON Palm Engineering - Drainage Improvements ProjectDRAINAGE PROJECT, FY 11-12 Specification No. 11-07 CONTRACT THIS CONTRACT, made and entered into this 20TH day of March, 2012 by and between the City of National City, California, herein after designated as the "City", and Palm Engineering, 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: DRAINAGE PROJECT, FY 11-12, Specification No. 11-07 and to perform and complete in a good and workmanlike manner all the work pertaining thereto shown on the plans and specifications therefore; to furnish at his own proper cost and expense all tools, equipment, labor and materials necessary therefore; and to do everything required by this agreement and the said plans and specifications. 2. For furnishing all said materials and labor, tools and equipment, and doing all the work contemplated and embraced in this Contract, also for all loss and damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the work until its acceptance by the City and for all risks of every description connected with the work; also, for all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as in said specifications are expressly stipulated to be borne by the City and for well and faithfully completing the work and the whole thereof, in the manner shown and described in the said plans and specifications, the City will pay and the Contractor shall receive in full compensation therefore the lump sum price, or if the bid is on the unit price basis, the total price for the several items furnished pursuant to the specification, named in the bidding sheet of the proposal, as the case may be. 3. The City hereby promises and agrees to employ, and does hereby employ said Contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to for the price aforesaid and hereby conditions set forth in the specification; and the said parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained. 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. 26 DRAINAGE PROJECT, FY 11-12 Specification No. 11-07 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. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed in three counterparts, each of which shall be deemed an original the day and year first above written. CONTRACTOR: 2Gl Signature of Prime Contractor 1 Z Date Signature of Prime Contractor ?o(soo\ �‘(\ CIWO01.1 -�kc4 , Tr SLA tr, cr. ta\ry Print name and title Print name and title (If the Prime Contractor is a corporation two signatures of corporate officers are required.) Federal ID. No. \—O9-1 OO` CITY: By: ATTEST: By: Mayor, City of National City / City Clerk, City of National City 27 DRAINAGE PROJECT, FY 11-12 Specification No. 11-07 (Notary acknowledgement of execution by all PRINCIPALS OF CONTRACTOR must be attached.) CONTRACT (CONTINUED) CORPORATE CERTIFICATE I, Poo, certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that 1 OL3 \ , who signed saidlil* contract on behalf of the Contractor, was then PISSCUl - irjQsAst )( )( of said Corporation; that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers. I, certify th.t I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that said contract on behalf of the Contractor, was en who signed of said Corporation; that said contract was duly signed for and in behalf of said orporation by authority of its governing body and is within the scope of its corporate powers. Corporate Seal: 28 DRAINAGE PROJECT, FY 11-12 Specification No. 11-07 CONTRACT (CONTINUED) PARTNERSHIP CERTIFICATE STATE OF ) COUNTY OF ) ) ss On this day of , 2012, before me, the undersign::, a Notary Public in and for said County and State, personally appeared: (Notary S al) known to me to be of the partners of the partnership that executed the within instrument, and • cknowledged to me that such partnership executed the same. Signature: Name (Type or Print): (Notary Public in and for said County and State) My Commission expire 29 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of San Diego On March 29, 2012 before me, Krystyna Patrick, Notary Public (Here insert name and title of the officer) personally appeared Rasoul Shahbazi who proved to me on the basis of satisfactory evidence to be the person$ whose name subscribed to the within instrument and acknowledged to me that ifflft. • - • - executed the same in • - authorized capacityiies-} and that bysignature(*) on the instrument the person$, or the entity upon behalf of which the person$ acted, executed the instrument. 1 certify under PENAL'T'Y OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. (Notary S KRYSTYNA PATRICK Commission No. 19418et NOTARY PUBl1GCN,KO1l NA SSAN DIEGO COUNTY My Comm. Empiu. JUNE 20. 2015 i 1 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Title or description (Title or description of attached document) Title or description continued (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must he properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the docmnent carefully for proper notarial wording and attach this form tfrequired. • State and County information must he the Stale and Counly where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also he the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the namc(s) of document signcr(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e Iteishe'they, is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form_ • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date_ O Indicate the capacity claimed by the signer_ If the claimed capacity is a corporate officer, indicate the title (i e_ CEO, CFO.. Secretary). • Securely attach this document to the signed document 2008 Version CAPA v12,10.07 800-873-9865 www.NotaryClasses.com DRAINAGE PROJECT, FY 11-12 Specification No. 11-07 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City Council of the City of National City, by Resolution No. 2012-63, passed the 20th day of March, 2012 has awarded to Palm Engineering, hereinafter designated as the "Principal", the DRAINAGE PROJECT, FY 11-12, Specification No. 11-07 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 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 One Hundred Eighty -Seven Thousand, Two Hundred Twelve and 90 Cents ($187,212.90) 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 herein or the specifications accompanying the same shall in any wise affect its 30 DRAINAGE PROJECT, FY 11-12 Specification No. 11-07 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS; That EXECUTED IN TRIPLICATE BOND NO. 1000899054 PREMIUM: $2,696.00 Premium Is For Contract Tenn And Is Subject To Adjustment Based On inal Contract Price WHEREAS, the City Council of the City of National City, by Resolution No. 2012-63, passed the 20th day of March, 2012 has awarded to Palm Engineering hereinafter designated as the CONSTRUCTION COMPANY, INC. "Principal", the DRAINAGE PROJECT, FY 11-12, Specification No, 11-07 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 U.S. SPECIALTY INSURANCE COMPANY as surety, are held and firmly bound unto the City Council of the City of National City, hereinafter called the "Council", in the penal sum of Qne Hundred Eighty -Seven Thousand, Two Hundred Twelve and 90 Cents ($187,212.90.) 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 herein or the specifications accompanying the same shall in any wise affect its 30 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Na 5193 ft 1 1 State of California County of SAN DIEGO On 3/30/12 before me. DEBORAH D. DAVIS, NOTARY PUBLIC personally appeared MARK D. IATAROLA who proved to me on the basis DEBORAH D, DAVIS COMM. #1929979 NOTARY RUBLIC.CALIFORNIA SAN DIEGO COUNTY MYComin. ExP.APRIL 21, 2015 of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/ their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Signature of Notary OPTIONAL SECTION TITLE OR TYPE OF DOCUMENT OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. ❑ INDIVIDUAL 0 CORPORATE OFFICER(S) TITI Fis) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL El ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER I5 REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) NUMBER OF PAGES DATE OF DOCUMENT Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. SIGNER(S) OTHER THAN NAMED ABOVE / 4 DRAINAGE PROJECT, FY 11-12 Specification No. 11-07 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. 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 3oTH day of MARCH , 2012. U.S. SPECIALTY INSURANCJ COMPANY MARK D. IATAROLA ATTORNEY —IN —FACT' Surety APPROVED AS TO FORM: Date: PALM ENGINEERING (SEAL) CONSTRUCTION, COMPANY, INC. (SEAL) (SEAL) BY: _ (SEAL) (SEAL) RASOUL SHAHBAZI, PRESIDENT(SEAL) A G. City Attorn Principal 31 DRAINAGE PROJECT, FY 11-12 Specification No, 11-07 PERFORMANCE BOND (CONTINUED) ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY 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 known to me to be the person whose name is subscribed to the within instrument as the attorney -in -fact of the , the corporation named as Surety in said instrument, and acknowledged to me that he subscribed the name of said corporation thereto as Surety, and his own name as attorney -in -fact. NOTE; Signature of those executing for Surety must be properly acknowledged. NOTE: The Attorney -in -fact must attach a certified copy of the Power of Attorney. Signature: Name (Type or Print): Notary Public in and for said County and State My Commission expires: 37 Signature POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL -MEN N BY THESE PRESENTS, That American Contractors Indemnity Company, a California corporation, United States Iirety rCanxiriy, -a Maryland 'C or#iprti ion pnkl U.tS 1 Specialty Inset nc4 ompany, a Texas corporation (collectively, the "Companie "loby these present tnakeip cq stitute and' appoint: John G. Maloney, Mark D. latarola or Helen Maloney of Escondido, California its true and lawful Attomey(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to exec ef-acknowledge and deliver any nfd all bonds, recognizances, undertakings or other instruments or contras of ret l include riders, alnendh1Chts, aht Conselfts of surety, providing the Ind penalty does not exceed ****"*Fifteen Million******* '' Dollars (S 3 ;t 0r0.04**), 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, 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 persons as Attomey(s)-in-Fact to represent and act for and on -behalf of the Company subject to the following:. zrRor p-rraFaai ay -toe given full power and t t tp-ity ,fir and in the name of and on behait'of1herrmpaay,-toexecu acknowledge and deliver, any and all bonds, eree c and/or races, agreements ons or me nnranti add other coedit onal or obligatory undertakings inchutioo-any and all consents for the release of retained C�=cvnirdcls, �• p geg' g contracts, and any and alrices 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 seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attomey or ceatificate €arlapsimile signature or facsimile seal shall be valid and binding upon the Company with respect to arty bond or undertaking to which it is att;dr _ - IN WITNESS WHEREOF, The Companies have caused this instrument to 'e sign+ d and their corporate seals to be -hereto affixed, this 3rd day of October, 2011. AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY By: State of California County of Los Angeles SS: On this 3 day of October, 2011, h b se, a notary publie4 pe`rp4anal,ly appeare8' Daniel P. Aguilar, Vice President of American Contractors Indemnity 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. Daniel P. Aguilar, Vice President ert inTirlaNALTY OF PE1 JIURYY'und ITNESSmyhand and official sob t— ,,rr.44—(Seal) of the State o€€ali=feiaat going paragraph is true and correct. 1, Jeannie Lee, Assistant Secretary--oFAmes n etdrs Indemnity C.i"ornPan'y''U'tiited States' Surety Compa and IJ S. STiecial Insurance Company, do hereby certify that the above and foregoing is a'true end cerieo ,c(?ply sit' a Power of Attorney, execu said -Companies, which is still in ftilLforco-and effect; furthermore, the resoltttionS'of the Hoards of Directors, sett rnte 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 30TH day 13f )2012. Corporate Sa1s Bond No. 10008§9054 Agency No 4013 ssistant Secretary DRAINAGE PROJECT, FY 11-12 Specification No. 11-07 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That EXECUTED IN TRIPLICATE BOND NO. 1000899054 PREMIUM INCLUDED IN PERFORMANCE BOND WHEREAS, the City Council of the City of National City, by Resolution No, 2012-63, passed the 20th day of March, 2012 has awarded to Palm Engineering, hereinafter designated as the CONSTRUCTION COMPANY, INC. "Principal", the DRAINAGE PROJECT, FY 11-12, Specification No. 11-07. 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 U.S. SPECIALTY INSURANCE COMPANY as surety, are held and firmly bound unto the City Council of the City of National City, hereinafter called the "Council", in the penal sum of One Hundred Eighty Seven Thousand, Two Hundred Twelve and 90 Cents (187.212.90) 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 15 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, 33 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5t93 State of California County of SAN DIEGO On 3 / 30 / 12 before me, DEBORAH D . DAVIS , NOTARY PUBLIC personally appeared MARK D . IATAROLA who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/ their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. DEBORAH D. DAVIS CNOTARYOPUBLIC CA9979 FORNIA SAN DIEGO COUNTY My Comm. Exp. APRIL 21, 2015 co N THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. Signature of Notary OPTIONAL SECTION OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. ❑ INDIVIDUAL ❑ CORPORATE OFFICER(S) TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑X ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 1 1 r l ri 1 1 1 1 DRAINAGE PROJECT, FY 11-12 Specification No. 11-07 PAYMENT BOND (CONTINUED) It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement hereinabove described or pertaining or relating to the furnishing of labor, materials, or equipment therefore, not by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement hereinabove described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner of Public Entity and original contractor or on the part of any obliges named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 3110 or 3112 of the California Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned. IN WITNESS WHEREOF three identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the 30TH day of MARCH , 2012. U.S. SPECIALTY PALM ENGINEERING CONSTRUCTION INSURANCE COMPANY (SEAL) COMPANY,ANC. (SEAL) BY: (SEAL) BY: (SEAL) MARK D. IATAROLA, ATTORNEY —IN —FACT (SEAL) RASOUL SHAHBAZI, PRESIDENT(SEAL) Surety Principal 34 DRAINAGE PROJECT, FY 11-12 Specification No. 11-07 PAYMENT BOND (CONTINUED) ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY 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 known to me to be the person whose name is subscribed to the within instrument as the attorney -in -fact of the , the corporation named as Surety in said instrument, and acknowledged to me that he subscribed the name of said corporation thereto as Surety, and his own name as attorney -in -fact. NOTE: Signature of those executing for Surety must be properly acknowledged. NOTE: The Attorney -in -fact must attach a certified copy of the Power of Attorney. Signature: Name (Type or Print): (Notary Public in and for said County and State) My Commission expires: APPROVED AS TO FORM: Date: By: CLAUDIA G. SILVA City Attorney 35 POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALLY BY THESE PRESENTS: That American Contractors Indemnity Company, €alifornia corporation, United States Surety CCmpany, a Maryland' I¢orporuti'on lead p.s.liSpecialty Insurance Company, lr 'Rams corporation (collectively, the mparniteyby these present Inlak ,l cpristitlite and appoint: John G. Maloney, Mark D. latarola or Helen Maloney of Escondido, California its true and lawful Attorney(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to exec,=acknowledge and deliver nny and all bonds, recognizance4 undertatdn or other instruments or contras re l Wittelude riders, n telpdments,i ans4 cOnaebts of surety, Providing the bond penalty does not exceed *******Fifteen Million****'** Dollars (S **I,0*** 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, 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 persons as,Attomey(s)-in-Fact to represent and act farand=cuabehalf of the Company subject to the following. or itt in#fie given full power aiitd>iatheeiit)s'i'br hpti itp dui name of and on beludforiluaaamoriy, to execute, acknowledge and deliver, any and all bonds, recognizance - .uurects, agreements or ihderdnillyE� and other' o n itional or obligatory undertakings, 4nclu g and ail 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 Attomey-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 seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile. and any power of attorneyor certi&rate= at rtrsimile signature or facsimile seal shall Peetatld.and binding upon the Company with respect to --'- any bout or undertaking to which it is attached. IN WITNESS WHEREOF, The Companies have caused this instrument to be signtwd'ttrid their corporate seals to be heretoa€fixed, this 3rd day of October, 2011. AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY By: State of California County of Los_ Angeles SS: On this 3' day of October, 2011, before me, DeborahDeborah-Reese, a notary publie personally iiPiXisred'' Daniel P. Aguilm--„Vim-Primident of American Contractors Indemnity Company,Tinited 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 P *fALTY OF Pll ,tURy under the laws of the State ofCaiifornia that the foregoing paragraph is true and correct. Siyand and official seal, #- ,/tCtt'"- Daniel P. Aguilar; Vice Presiden Signature (Seal) 1, Jeannie- Lee, Assistant Secretaryof Anwiclat CmtRactdrs Indemnity Ck mpany9''O iced Slates urety Company and U.S. Specie Insurance Company, do hereby cerliffrat tht e vend foregoing is a 1 ire and c¢rreelk',cop, „ofa Power of Attorney, executed said Companies, which is still in full force and effect; furthermore, the resolutions ''oi'the 'Boards of Directors, set Tait in the Power of Attorney are in full force and effect. In Witness Whereof T have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this 30TH day of H ,2012.` Corporate Seth Bond No. 1000899054 sistant Secretary DRAINAGE PROJECT, FY 11-12 Specification No. 11-07 EMERGENCY NOTIFICATION LIST In reference to Section 7-6 of the Standard Specifications my/our representatives at the construction site for the above subject project will be: On -site Project Superintendent: o trir WO n o- os-) Name Cell number/Office number Other 24-hour available person with authority to order work: Zvi calahb Name ((c i q)245 5OZ1 ((Q I )Zq l - � y � Cell number/Office nu ber Other 24-hour available person with authority to order work: glahravn O ihu Name ((�(9)1S5-9428 9)2qI -N sCell number/Office nuLae ber I am aware that one of the named representative(s) shall be present at the work site whenever work is in progress. Further, each of these responsible persons can be contacted in an emergency situation and have complete authority to act on the Contractor's behalf. Signature of "Prime Contractor Signature of Prime Contractor IgSouc i X& - Pr _c cStsvn TYQcc or.Qr, Print name and title Print name and title (lf the Prime Contractor is a corporation two signatures of corporate officers are required.) 37 Ro® CERTIFICATE OF LIABILITY INSURANCE OP ID BB DATE(MMIDD/YVYV) 04/04/12 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Teague Insurance Agency, Inc. License #0525512 4700 Spring St., 4th Floor La Mesa CA 91942 Phone:619-464-6851 Fax:619-464-1901 INSURED Palm Engineering Construction Co. Inc. 7330 Opportunity Road Ste J San Diego CA 92111 COVERAGES CERTIFICATE NUMBER: NAME: UI Stephanie Calhoun AACC,, "NO, Ext): 619 - 6 6 8 -2 3 92 1(AJC, No). 619 - 6 68 - 4 715 DDRESS: scalhoun@ teagueins . com PRODUCER CUSTOMER ID it. PALME.-5 INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Westchester Fire Insurance Co. INSURERB: Golden Eagle Ins. Corp. 10836 INSURER C INSURER D: Continental Casualty Company INSURER E: Benchmark Insurance Company INSURERF: Westchester Surplus REVISION NUMBER: THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LINTR TYPE OF INSURANCE AUUL INSR SUN1 WVPOLICYEFF D POLICY NUMBER (MM/DD/YYYY) POLICY EXP (MMIDDIYYYY) LLIMITST5 A GENERAL X LIABILITY COMMERCIAL GENERAL CLAIMS -MADE LIABILITY X I OCCUR X G24144525002 07/01/1107/01/12 EACH OCCURRENCE $ 1,000 , 000 DAMAGE IU Heil ILL) PREMISES (Ea occurrence) MED EXP (Any one person) $ 100, 000 $ 5, 000 $ 1 , 000 ,000 $ 2,000,000 GEN'L PERSONAL & ADV INJURY GENERAL AGGREGATE AGGREGATE LIMIT APPLIES PER' POLICY X PET r I LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ B AUTOMOBILE LIABILITY -- X ANY AUTO ALL OWNED AUTOS I— SCHEDULED AUTOS _. HIRED AUTOS NON -OWNED AUTOS r BA1036588 02/23/12 02/23/13 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person; $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ (Per accident) $ $ D UMBRELLALIAB EXCESS LIAR X OCCUR 1 CLAIMS -MADE L4018345566 :07/01/11 07/01/12 EACH OCCURRENCE $ 4,000,000 AGGREGATE $ 4,000,000 DEDUCTIBLE RETENT:ON $ $ $ E WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETORIPARTNERJEXECUTIVE�r OFFICER'MEMBER EXCLUDED? l (Mandatory in NH) It yes, describe under DESCRIPTION OF OPERATIONS below N / A CST5002135 11/01/1111/01/12 X WCSTATU- OTH- TORY LIMITS ER E L. EACH ACCIDENT S 1, 000 , 000 E.L. DISEASE - EA EMPLOYE S 1 , 000 , 000 E.L. DISEASE - POLICY LIMIT $ 1 , 000 , 000 F Pollution Liability G24211794001 06/09/1106/09/12 I Per Occur 2,000,000 Agg. 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS/ VEHICLES (Attach ACORD 101 Additional Remarks Schedule, if more space is required) Drainage Improvements Project FY 11-12 #11-07 City of National City, its officers, employees, and agents are named as additional insured with respects to general liability when required by written contract or agreement per forms CG20370704 & CG201007014. CERTIFICATE HOLDER CANCELLATION City of National City 1243 National City Blvd. National City CA 91950-4301 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZEDREPRESENTATIVE /./ /1EN/� ACORD 25 (2009/09) The ACORD name and logo are ©1 RD CORPORATION. All rights reserved. to ed marks of ACORD POLICY NUMBER: G24144525002 COMMERCIAL GENERAL LIABILITY CG 2010 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s) Of Covered Operations As required by written contract signed by both parites prior to loss. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 0 POLICY NUMBER: G24144525002 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations As required by written contract signed by both parites prior to loss. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property dam- age" caused, in whole or in part, by "your work" at the location designated and described in the sched- ule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". CG20370704 ISO Properties, Inc., 2004 Page 1 of 1 ❑ RESOLUTION NO. 2012 — 63 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO PALM ENGINEERING IN THE NOT TO EXCEED AMOUNT OF $187,212.90 FOR THE NATIONAL CITY DRAINAGE IMPROVEMENTS PROJECT, AUTHORIZING A 10% CONTINGENCY IN THE AMOUNT OF $18,721 FOR ANY UNFORESEEN CHANGES, AND AUTHORIZING THE MAYOR TO EXECUTE SAID CONTRACT WHEREAS, the Engineering Division of the Development Services Department, in open session on March 5, 2012, did publicly open, examine, and declare eight sealed bids for the National City Drainage Improvements Project ("Project"); and WHEREAS, Palm Engineering was the lowest responsive bidder with a bid amount of $187,212.90 for the base bid and additives A and B; and WHEREAS, a 10% contingency amount up to $18,721 for any 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 Drainage Improvements Project to the lowest responsive, responsible bidder, to wit: PALM ENGINEERING BE IT FURTHER RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute on behalf of the City a contract in the amount of $187,212.90 with Palm Engineering for the National City Drainage Improvements 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 $18,721 for unforeseen changes to the Project. PASSED and ADOPTED this 20th day of Marc J - O 2. ATTEST: Michael R. Dalla, ity Clerk C •.' dia Gacjtu City Attorney Ron Morrison, Mayor Passed and adopted by the Council of the City of National City, California, on March 20, 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 ,4 City Clerk of the ity National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2012-63 the City of National City, California, passed and adopted by the Council of said City on March 20, 2012. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 20, 2012 AGENDA ITEM NO. 5 TEM TITLE: Resolution of the City Council of National City awarding a contract to Palm Engineering, in the amount not - to -exceed $187,212.90 and authorize a 10% contingency in the amount of $18,721 for any unforeseen changes to the project for the National City Drainage Improvements Project, Specification 11-07. (Funded CDBG & Gas Tax) PREPARED BY: Barby Tipton PHONE: 336-4583 EXPLANATION: See attached DEPARTMENT: Development Services -Engineering Division APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS Funds are available in account 301-409-500-598-7062 in the amount of $67,336.61 and account 109- 409-500-598-7062 in the amount of 119,876.29 for a total of 187,212.90 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Cost Proposal worksheet (three lowest bidders) 3. Resolution On March 5, 2012, 8 bids were received and opened for the Drainage Improvement Project, Specification 11-07. The lowest responsive bidder was Palm Engineering with a proposed bid amount of $187,212.90 for the base bid and additives A & B. The base bid location is 5th Street & D Avenue, additive A is located at 5th Street & C Avenue and additive B is located at 4th Street and D Avenue. The bid opening information sheet and the cost proposal worksheet for the three lowest bidders are attached for your information. Staff checked the provided references and found that Palm Engineering is qualified to perform the work as detailed in the specification. Staff reviewed bid documents and recommends that Council award the contract to Palm Engineering in the not to exceed amount of $187,212.90 and authorize a 10% contingency in the amount of $18,721 for any unforeseen changes to the project. Drainage Improvements Base Bid Palrn Engineering Tri-Group Construction and Deve opment Portillo Concrete NO. 1 6 7 8 9 10 I 12 13 14 15 16 ITEM MobilizalionlDemobilization Traffic Control Demolition, Excavation and Disposal excavation and Disposal of Unsuitable Subgrade and Replacement with Crushed Aggregate Base Curb & Gutter (Modified G-2 including transitions) Pedestrian Ramp (G-281 Cross Gutter (G-12 Modified with #4 rebar 24" 0.0 each way) PCC Sidewalk .5" Asphaa Grind 3" Asphalt Grind Crushed Aggregate Etas Asphalt Concrete Sign Relocation Placement of Striping and Pavement Markings Street Swvey Monument (M-10) Bonds Q'FY 50 204 4 2 300 97 2453 455 253 2 1 1 UNIT LS LS LS TN LF EA LA SF SF SF TN TN EA LS GA LS UNIT PRICE $2,000.00 $2,500.00 $2,000.00 $60.00 $30.00 $2,000.00 $4,500.00 $8.00 $2 00 $2.30 $40.00 $13700 $563 00 $1,250 00 $200.00 $1,000.00 AMOUN"1 $2,000 00 $2,500.00 $2,000.00 $3,000 00 $6,120.00 $8,000.00 $9,000 00 $2,400 00 $194 00 $5,641 90 $18.200.00 $34 661 00 $1.126 00 $1 250 00 $200.00 $1,000 00 UNIT PRICE $5,000.00 $2,000.00 $5,000.00 $40.00 $30.00 $2,000.00 $8,000.00 $7.00 $24.00 $2. 00 $30.00 $12000 $200.00 $1,500.00 $600.00 $2,000.00 AMOUNT $5,000.00 $2,000 00 $5.000.00 $2,000.00 $6,120 00 $ 8.000 00 $16.000.00 $2.100 00 $2, 328.00 $4.906 00 $13 650.00 $30 360.00 $400 00 $1,500.00 $600.CO $2.000.00 UNIT PRIG $500.00 $2,000 00 $3,000.00 $50.00 $30.00 $2,000.00 $7,200.00 $9.00 $2.00 $1 00 $40.00 $225.0(3 $ 00.00 $2,000.00 $1,500.00 $2,400.00 AMOUNT $500.00 $2,000.00 $3,000.00 $2,500.00 $6,120.00 $8,000.00 $14,400.00 $2,700 DO $19400 $2,453.00 $1820000 560 500 $ 1000 00 $200000 $1,500.00 $2,400.00 Total: $97,292.90 $101,964.00 S123,892.00 2 3 Additive A Mobilization/Demobilization Traffic Control Demolition, EXeaVaticn and Disposal LS LS LS $1,000.00 $1,500.00 $1,500.00 $1,000 00 $1,500 00 $1,500.00 $5,000.00 $2,000.00 $5,00000 $5.000.00 $2 000 00 $5,000.00 $500.00 $1,000 00 $3.000.00 $500.00 $1,000.00 $3,00000 4 5 6 Excavation and Disposal of Unsuitable Subgrade and Replacement with Crushed Aggreoate Base Curb & Gutter (G-2 Modihicd including transition) Pedestrian Ramp (G-28) 50 64 2 TN LF EA $60.00 $3000 $2,000.00 $3,000 00 $1 ,920 00 $4,000 00 $40.00 $30.00 $2 000.00 $2_.000.00 $1,920.00 $4.(100.00 $50.00 $30.00 $2 000.GO $2.500.00 $ L92D 00 $4 000 00 7 Cross Gutter (G-12 modi hied with 44 rebar 24" O C each was/ EA $4,500.00 $14,500.00 $8,000.00 $8,000.00 $7 200.00 $7,200 00 8 9 10 11 12 PC'C S idewola (G- /) 5" Asphalt Grind Crushed Aggregate Base Asphalt Concrete Sign Relocation Striping and Pavement Markings Bonds 150 135 155 85 2 1 SF SE TN TN FA $8.00 $2.20 $5000 $165.00 $563.00 $1,200 00 $297 00 $7,750.00 $14,025.00 $1,126 00 $7.00 $20.00 $30.00 $120.00 $200.00 $1,050.00 $2,700 00 $4.650.00 $10,200.00 $400.00 S9.00 S4 00 $50.00 $250.00 $500.00 $1,350.00 $540.00 $7,750.00 $21.250.00 $1,000-00 LS LS $813.00 $750.00 $813 00 $750.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $100.00 $1 200.00 $100.00 $1 200 00 Total: $43,381 00 $48,920.00 $53310 00 Additive B Mnbiliz'tion/Ucmobilization 1 LS $1,500.00 $1,500. OD $5,00000 $5. 000.00 $500.00 $5(4)00 2 I7al ficControl I LS $1,500.D0 $1500.OD $2,000.00 $2.000.00 $1.000.00 $1.000.)0 3 Demolition_ Facavation and Disposal I LS $1,500.00 $I,5(10.G0 $5,000.00 $5.00000 $3,000.00 $3,000 00 4 Fxcavation and Disposal of Unsuitable Subgrade and Replacement with Crushed Aggregate Base 50 'l'N $6000 $3,000.00 $40.00 $2.000.00 $50.00 $2500.00 5 Pedestrian Rurnp (G-28 II odi lied as meet existing tlowline grades) 4 LF $2,000.00 $8,000.00 $2.000.00 88,00000 $2,000.00 383100.00 6 Cross Gutter (G-12 modi fled with 44 lobar 24" 0 C each way) 2 EA $4,500.00 39,000.00 $8,000.00 $16,000.00 $7,200.00 314.40000 PCC Sidewalk (G-7) 300 EA $8.00 $2,400.00 $7.00 $2,100.00 $9.00 $2,700.00 8 I"-2"Asphalt Grind 937 SF $3.00 $2,811.00 $5.00 $4.68500 S3.00 $2,811.00 9 Crushed Aggregate Base 50 SF $60.00 $3,000.00 $30.00 $1,500.00 $50.00 $2,500. )0 10 Asp11al1Concrete 50 TN $190.00 $9,500.00 $120.00 $6.000.00 $275.00 $13.750.00 I I Sign Relocation 4 IN $410.00 $1,640.00 $200 00 WO 00 $500.0D $2.0G0.00 12 Sto ping and Pavement Markings 1 LA $1,688.D0 S1.688.00 $2.500.00 $2500.00 $4,000.00 $4,000.00 13 Roods 1 IS $1,000.00 $I,000.00 $1. 000.00 $1.0000( $t'oo.0D $I, ICO.00 Total: $46,539.00 Grand Total: S187,212.90 $56,585.00 $58,261.00 S207,469.00 S235,463.00 RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO PALM ENGINEERING IN THE NOT TO EXCEED AMOUNT OF $187,212.90 FOR THE NATIONAL CITY DRAINAGE IMPROVEMENTS PROJECT, AUTHORIZING A 10% CONTINGENCY IN THE AMOUNT OF $18,721 FOR ANY UNFORESEEN CHANGES, AND AUTHORIZING THE MAYOR TO EXECUTE SAID CONTRACT WHEREAS, the Engineering Division of the Development Services Department, in open session on March 5, 2012, did publicly open, examine, and declare eight sealed bids for the National City Drainage Improvements Project ("Project"); and WHEREAS, Palm Engineering was the lowest responsive bidder with a bid amount of $187,212.90 for the base bid and additives A and B; and WHEREAS, a 10% contingency amount up to $18,721 for any 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 Drainage Improvements Project to the lowest responsive, responsible bidder, to wit: PALM ENGINEERING BE IT FURTHER RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute on behalf of the City a contract in the amount of $187,212.90 with Palm Engineering for the National City Drainage Improvements 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 $18,721 for unforeseen changes to the Project. PASSED and ADOPTED this 20th day of March, 2012. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CALIFORNIA ATIONAL CFf ao o i INCORPORATED March 22, 2012 Palm Engineering 7330 Opportunity Road, #3 San Diego, CA 92111 Attn: Rasoul Shahbezi, President Project: DRAINAGE IMPROVEMENTS PROJECT, FY 11-12 SPEC. NO. 11-07 Subject: NOTICE OF CONTRACT AWARD Dear Mr.: Shahbezi: Congratulations! You are the low bidder for the above mentioned project. We look forward to a cooperative and enjoyable experience in the construction of this project. The award is for a total amount of S187,212.90 This is your Notice of Contract Award. Pursuant to Section 2-1.2(a) of Part One of the Special Provisions, you shall execute the contract agreement with the City and submit the necessary documents within five (5) days of this Notice of Award. Please submit the following to this office no later than Tuesday. April 3, 2012. I . The enclosed Contract Agreement executed in triplicate original. Return all three copies to the City. One fully executed copy will be forwarded to you. 2. The enclosed Performance Bond form for 100 percent of contract amount (Project Specification Section 2-4). 3. The enclosed Payment Bond form for 100 percent of contract amount (Project Specification Section 2-4). 4. The enclosed Emergency Notification List 5. General Liability Insurance (Limits shall be in accordance with Project Specifications Section 7-3) 6. Worker's Compensation Insurance Certificate as required by Section 3700 of the California Engineering Department 1243 National City Boulevard, National City, CA 91950-4301 619/336-4380 Fax 619/336-4397 www.nationalcityca.gov 0 Labor Code. A copy of your City of National City Business License for your Company and your subcontractors. Insurance policies must provide that they remain in force for not less than 30 days after notice to City of expiration or cancellation, and liability policies shall name the City of National City as additional insured. Your insurance will not be accepted if this requirement is not met and evidenced in your submitted documents. We must review and approve these documents before we can issue a Notice to Proceed. In order to expedite the project progress, it is recommended that the submittals as required in Section 2-5.4.2 of project specifications be provided as soon as possible. Your City Contact is Barby Tipton at (619) 336-4583 for assistance in expediting the processing of these documents. The City would like to proceed with this project as soon as possible. The Project Manager is Byron Wade. He can be reached at (619) 244-3118. Sincerely, 7 Stephen Manganiello. Acting City Engineer Enclosures cc: City Clerk Risk Manager kk:jha2 spedNoal I-01 Rskt DRAINAGE PROJECT, FY 11-12 Specification No. 11-07 CONTRACT THIS CONTRACT, made and entered into this 20TH day of March, 2012 by and between the City of National City, California, herein after designated as the "City", and Palm Engineering, 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: DRAINAGE PROJECT, FY 11-12, Specification No. 11-07 and to perform and complete in a good and workmanlike manner all the work pertaining thereto shown on the plans and specifications therefore; to furnish at his own proper cost and expense all tools, equipment, labor and materials necessary therefore; and to do everything required by this agreement and the said plans and specifications. 2. For furnishing all said materials and labor, tools and equipment, and doing all the work contemplated and embraced in this Contract, also for all loss and damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the work until its acceptance by the City and for all risks of every description connected with the work; also, for all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as in said specifications are expressly stipulated to be borne by the City and for well and faithfully completing the work and the whole thereof, in the manner shown and described in the said plans and specifications, the City will pay and the Contractor shall receive in full compensation therefore the lump sum price, or if the bid is on the unit price basis, the total price for the several items furnished pursuant to the specification, named in the bidding sheet of the proposal, as the case may be. 3. The City hereby promises and agrees to employ, and does hereby employ said Contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to for the price aforesaid and hereby conditions set forth in the specification; and the said parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained. 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. 26 DRAINAGE PROJECT, FY 11-12 Specification No. 11-07 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. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed in three counterparts, each of which shall be deemed an original the day and year first above written. CONTRACTOR: Signature of Prime Contractor Date Signature of Prime Contractor Date Print name and title Print name and title (If the Prime Contractor is a corporation two signatures of corporate officers are required.) CITY: ATTEST: Federal ID. No. By: Mayor, City of National City By: City Clerk, City of National City 27 DRAINAGE PROJECT, FY 11-12 Specification No. 11-07 (Notary acknowledgement of execution by all PRINCIPALS OF CONTRACTOR must be attached.) CONTRACT (CONTINUED) CORPORATE CERTIFICATE f, certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that , who signed said contract on behalf of the Contractor, was then of said Corporation; that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers. I, certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that , who signed said contract on behalf of the Contractor, was then of said Corporation; that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers. Corporate Seal: 28 DRAINAGE PROJECT, FY 11-12 Specification No. 11-07 CONTRACT (CONTINUED) PARTNERSHIP CERTIFICATE STATE OF COUNTY OF ) ss On this day of , 2012, before me, the undersigned, a Notary Public in and for said County and State, personally appeared: (Notary Seal) known to me to be of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. Signature: Name (Type or Print): (Notary Public in and for said County and State) My Commission expires: 29 DRAINAGE PROJECT, FY 11-12 Specification No. 11-07 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City Council of the City of National City, by Resolution No. 2012-63, passed the 20th day of March, 2012 has awarded to Palm Engineering, hereinafter designated as the "Principal", the DRAINAGE PROJECT, FY 11-12, Specification No. 11-07 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 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 One Hundred Eighty -Seven Thousand, Two Hundred Twelve and 90 Cents ($187,212.90) 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 herein or the specifications accompanying the same shall in any wise affect its 30 DRAINAGE PROJECT, FY 11-12 Specification No. 11-07 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. 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 day of , 2012. (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) Surety APPROVED AS TO FORM: Date: Principal By: CLAUDIA G. SILVA City Attorney 31 DRAINAGE PROJECT, FY 11-12 Specification No. 11-07 PERFORMANCE BOND (CONTINUED) ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY 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 known to me to be the person whose name is subscribed to the within instrument as the attorney -in -fact of the , the corporation named as Surety in said instrument, and acknowledged to me that he subscribed the name of said corporation thereto as Surety, and his own name as attorney -in -fact. NOTE: Signature of those executing for Surety must be properly acknowledged. NOTE: The Attorney -in -fact must attach a certified copy of the Power of Attorney. Signature: Name (Type or Print): Notary Public in and for said County and State My Commission expires: 32 DRAINAGE PROJECT, FY 11-12 Specification No. 11-07 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City Council of the City of National City, by Resolution No. 2012-63, passed the 20th day of March, 2012 has awarded to Palm Engineering, hereinafter designated as the Principal", the DRAINAGE PROJECT, FY 11-12, Specification No. 11-07. 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 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 One Hundred Eighty Seven Thousand, Two Hundred Twelve and 90 Cents (187,212.90) 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. 33 DRAINAGE PROJECT, FY 11-12 Specification No. 11-07 PAYMENT BOND (CONTINUED) It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement hereinabove described or pertaining or relating to the furnishing of labor, materials, or equipment therefore, not by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement hereinabove described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner of Public Entity and original contractor or on the part of any obliges named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 3110 or 3112 of the California Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned. IN WITNESS WHEREOF three identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the day of , 2012. (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) Surety Principal 34 DRAINAGE PROJECT, FY 11-12 Specification No. 11-07 PAYMENT BOND (CONTINUED) ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY 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 known to me to be the person whose name is subscribed to the within instrument as the attorney -in -fact of the , the corporation named as Surety in said instrument, and acknowledged to me that he subscribed the name of said corporation thereto as Surety, and his own name as attorney -in -fact. NOTE: Signature of those executing for Surety must be properly acknowledged. NOTE: The Attorney -in -fact must attach a certified copy of the Power of Attorney. Signature: Name (Type or Print): (Notary Public in and for said County and State) My Commission expires: APPROVED AS TO FORM: Date: By: CLAUDIA G. SILVA City Attorney 35 DRAINAGE PROJECT, FY 11-12 Specification No. 11-07 EMERGENCY NOTIFICATION LIST In reference to Section 7-6 of the Standard Specifications my/our representatives at the construction site for the above subject project will be: On -site Project Superintendent: Name Cell number/Office number Other 24-hour available person with authority to order work: Name Cell number/Office number Other 24-hour available person with authority to order work: Name Cell number/Office number I am aware that one of the named representative(s) shall be present at the work site whenever work is in progress. Further, each of these responsible persons can be contacted in an emergency situation and have complete authority to act on the Contractor's behalf. Signature of Prime Contractor Signature of Prime Contractor Print name and title Print name and title (lf the Prime Contractor is a corporation two signatures of corporate officers are required.) 37 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 Palm Engineering Resolution No. 2012-63 Drainage Improvements Project Spec. No. 11-07 Judy Hernandez (Engineering) Forwarded Copy of Contract to Contractor