Loading...
HomeMy WebLinkAboutWest Tech Contracting, Inc. - Underground Storage Tank System - 2012CONTRACT THIS CONTRACT, made and entered into this 20th day of November 2012, by and between the City of National City, California, herein after designated as the "City", and West -Tech Contracting, 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: Removal of the Underground Storage tank systems and storm interceptor system at 2020 Hoover Avenue in conjunction with the Westside Infill Transit Oriented Development (WI-TOD) Housing Project, Specification No. 12-08. 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. 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. CONTRAC Print name and titl Signature of Prime Contractor Date 6e,bre/stAD de.fideAt Print name and title (If the Prime Contractor is a corporation two signatures of corporate officers are required.) Federal ID. No. --05deoo CITY: i ATTEST: By: By: Mayor, City of Nati City Clerk, City :f National City (Notary acknowledgement of execution by all PRINCIPACTOR must be attached.) 11 CONTRACT (CONTINUED) CORPORATE CERTIFICATE I, �i Cl) iny...J/PiteA certify that I am the Secretary of the Corporation name s Contractor in the foregoing ontract; that � j r fyl &br , who signed said contract on behalf of the Contractor, was then AS/G1�e/.9 f 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. certify that I am the Secretary of the Corporation nam d as Contractor in the foregoing Contract; that , who signed said contract on behalf of the Contractor, was then g/.%; 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: 12 CONTRACT (CONTINUED) "t)`A 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: 13 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: !AU/ Z��teh/eA Name (//.1) 520 —(C6 9(7��?-.33 -'70 Cell-number/Office numb r Other 24-hour available person with authority to order work: -��� (�s�� - �20� �l%� 233 —.1S 70 Name ✓ CeII number/Office n mber Other 24-hour available person with authority to order work: Name CeII 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 d have complete authority to act on the Co is behalf. Signature of Prime Contractor Signature of prime Contractor Rick Engebretsen Nick Erty `r:? se President Pie r;:i , <4 Print name and title Print name and title (If the Prime Contractor is a corporation two signatures of corporate officers are required.) 21 BOND NO: 58693476 PREMIUM INCLUDED IN PERFORMANCE BOND PAYMENT BOND WHEREAS, the City Council of the City of National City, by Resolution No. 2012-221, passed the 20th day of November, 2012 has awarded to West -Tech Contracting, Inc. , hereinafter designated as the "Principal", Removal of the Underground Storage tank systems and storm interceptor system at 2020 Hoover Avenue In conjunction with the Westside infill Transit Oriented Development IWI-TOD) Housing Project, Specification No.12-08. 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 WESTERN SURETY 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 Thirty -Seven Thousand. Two Hundred Forty -Five Dollars and No/100 337.245.001 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. 17 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 tabor, 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 duty executed by the Principal and Surety above named, on the 3RD day of DECEMBE 2012. WESTERN SURE'1""BOMPANY GLADYS ROGERS, ATTORNEY -IN -FACT Surety (SEAL) (SEAL) (SEAL) Principal (SEAL) (SEAL) (SEAL) 18 PAYMENT BOND (continued) ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF COUNTY OF ACKNOWLEDGMENT ATTACHED AS PRESCRIBED 55 BY CALIFORNIA CIVIL CODE SS1188-1190 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 NOTE: The Attorney -in -fact must attach a Surety must be properly certified copy of the Power of acknowledged. 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 19 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diego On 03 December 2012 before me, B. Lafrenz, Notary Public (here insert name and lisle of the officer) personally appeared Gladys Rogers 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 she executed the same in her authorized capacity, and that by her signature on the Instrument the person, or the entity upon behalf of which the person 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. Signal of Notary Public B. LAFRENZ [[(( Commission # 1834476 [ Notary Public -- California z San Diego County My Comm. Espiros Feb 28, 20i3 (Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Tide or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) 0 Corporate Officer (Title) ❑ Partner(s) Il Attorney -in -Fact 0 Trustee(s) 0 Other Signer is Representing Surety Company CA?A r12,.I U.o3 by Muimiun M Rorouoerl Nowin Q[SA 40u971H96S %I n.soisoduseI.eau Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Brooke Lafrenz, Larry D Cogdill, Michael W Thomas, Gladys Rogers, Individually of Del Mar, CA, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attomey, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 7th day of April, 2010. State of South Dakota County of Minnehaha } ss WESTERN SURETY COMPANY Paul . Bruflat, Senior Vice President On this 7th day of April, 2010, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires November 30, 2012 D. KRELL NOTARY PUBLIC SOUTH DAKOTA • 2 2 i r • CERTIFICATE D. Krell, Not ry Public I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 3RD day of DECEMBER , 2012 . sultEr WIVIft _ WESTERN SURETY COMPANY 24/42"1".1 L. Nelson, Assistant Secretary Form F4280-09-06 Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. BOND NO: 58693476 PREMIUM: $536.00 IS FOR CONTRACT AND IS SUBJECT TO ADJUSTMENT BASED ON FINAL CONTRACT PRICE PERFORMANCE BOND WHEREAS, the City Council of the City of National City, by Resolution No. 2012-221, passed the 20th day of November, 2012 has awarded to West -Tech Contracting, Inc., hereinafter designated as the "Principal", the Removal of the Underground Storage tank systems and storm Interceptor system at 2020 Hoover Avenue in conjunction with the Westside Infili Transit Oriented Development (WI-TOD) Housing Project, Spedflcation No. 12-08. 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 WESTERN SURETY 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 Thirty -Seven Thousand. Two Hundred Forty-Flve Dollars and No/100 ($37.245.001 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 a!I 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 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. 14 In the event sult 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 3RD day of DECEMBER-_ J 2012, WESTERN SURE GLADYS ROGERS, ATTORNEY -IN -FACT Surety APPROVED AS TO FORM: Date: WEST -TECH C'-•'1` a7�� NG, INC. By: Principal (SEAL) (SEAL) (SEAL) 15 PERFORMANCE BOND (continued) ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF ACKNOWLEDGMENT ATTACHED AS PRESCRIBED BY CALIFORNIA CIVIL CODE SS1188-1190 ) 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: 16 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ) County of San Diego On 03 December 2012 before me, B. Lafrenz, Notary Public (here insert name and title oldie officer) personally appeared Gladys Rogers who proved to me on the basis of satisfactory evidence to be the person whose name Is subscribed to the wkhin instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the Instrument the person, or the entity upon behalf of which the person 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. 6- stz J Si of Notury Public B. LAFREN2 Commission # 1834476 NoIn y Public— California z { � San Diego County mm ""` M Co. Expnes Feb 28. 2013r (Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Critic or description of attached document) (Title or description of attacbed document continued) Number of Pages Document Date (Additional intonation) CAPACITY CLAIMED BY THE SIGNER 0 individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) Lf9 Attorney -in -Fact ❑ Trustee(s) ❑ Other Signer is Representing: Surety Company CAPA 02.110-65 0by Anoaasion Normional Nnuriet B: CSA 860.871.9165 w.nolaryclau rtom Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Brooke Lafrenz, Larry D Cogdill, Michael W Thomas, Gladys Rogers, Individually of Del Mar, CA, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 7th day of April, 2010. State of South Dakota County of Minnehaha } ss WESTERN SURETY COMPANY Paul . Bruflat, Senior Vice President On this 7th day of April, 2010, before me personally came Paul T. Bruflat, to me known, who, being by me duly swom, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires November 30, 2012 D. KRELL NOTARY PUBLIC SOUTH DAKOTA CERTIFICATE D. Krell, No T ry Public 1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attomey hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof 1 have hereunto subscribed my name and affixed the seal of the said corporation this 3RD day of DECEMBER 2012 . WESTERN SURETY COMPANY cov 24.12-4971'"/ L. Nelson, Assistant Secretary Form F4280-09-06 Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. WESTCON-04 GOMEZB ACC 'Rcy CERTIFICATE OF LIABILITY INSURANCE 1214(2012 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. DATE (MM(DDJYYYY) 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 an this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER License # 0E67768 IOA Insurance Services - SD 4350 La Jolla Village Drive, Suite 900 San Diego, CA 92122 NAME: Sonia Gonzales PHONE ANC No, Eat): (619) 574-6220 J -MA IL Sonia.Gonzaleseioausa.com FAX , No): (619) 574-6288 INSURER(S) AFFORDING COVERAGE NAIC INSURERA: Endurance American Specialty Insurance Compan 41718 INSURED West -Tech Contracting, Inc. 568 N. Tulip St. Escondido, CA 92025 INSURER B:Conti nental Ins Co INSURER C INSURER D : 35289 INSURERE : INSURER : COVERAGES CERTIFICATE NUMBER: 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. INSR TYPE OF INSURANCE AODL INSR SUBR WVD POLICY NUMBER POLICY EFF (MMfDDNYYY) POLICY EXP (MMIDD/YYYY) LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY X X ECC101006524-03 4/1/2012 411/2013 EACH OCCURRENCE $ 1,000,000 DAMAdESES O(Ea RENoccu En-anca) PREM 50 000 $ � CLAIMS -MADE X OCCUR MEDEXP(Aryone parsan) $ 5,000 X $10,000 Deductible PERSONA_ SADM INJLIRr y 1,000,000 X Contractual Liab. GENERAL HOG PEGATE $ 2,000,000 GE -NIL AGGREGATE POLICY I X LIMITAPPL j[R IFS PEP' I LOC PRODUCES - COMP/OPAOC 2,000,000 B AUTOMOBILE LIABILITY X NJ AUTO — ALL CVMIED AUTOS _ HIRED AUTOS X $500 Comp X SCHEDLILEC X 4028895002 4/1/2012 4/1/2013 CJMBIfJEJ 5 NGLE LIMIT (Ea eccIdent) 1,000,000 Eoc _Y INJURY ire -person) $ EOC _Y INJURY (Pe-2ocic en[) $ PROPERTY DDAMAG- (PEPACCIDENTI A UMBRELLALIAE X EXCESSLIAB X OCCUR CLAIMS -MADE EXS101006525-03 4/112012 4/1/2013 EACH OCCURRENCE $ 5,000,000 AGGEEGA- E la 5,000,000 DED I X RETENTION$ WORKERS COMPENSATION ANDEMPLOYERS' LIABILITY ANY PRVPHIE OP/PAR I NERJEXECUTIVE OFFICERIMEM9ER EXCLUCED? (Mandatory in NH) If vasdascnhe order DESCRIPTION OF OPERATIONS below YrN N/A WC STA-LI- TOPY LIMITS IV-H- 1 ER F I FAITH ACC ID,=NT E L DISEASE- EA EMPLC"EE 5 E L DISEASE- POLICY LIP IT Each Occurrence Aggregate S 1,000,000 2,000,000 A A Contractor Pollution ContractorPollutlon ECC101006524-03 ECC101006521-03 4/1/2012 4/1/2013 4/112012 4/1/2013 DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEFtCLES (Attach ACORD 101, Additional Remarks Schedule if more apace is required) RE: Removal of the Underground Storage Tank Systems and Storm Interceptor System at 2020 Hoover Avenue in conjunction with the Westside Infill Transit Oriented Development (WI-TOD) Housing Project, Specification No. 12.08. The City of National City, its elected officials, officers, agents, and employees are Additional Insured's as respects to General Liability and Auto Liability per the attached endorsements as required by written contract. Waiver of Subrogation applies to General Liability. Insurance is Primary and Non -Contributory. CERTIFICATE HOLDER CANCELLATION City of National City cfo City Attorney's Office 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. AUTHORIZED REPRESENTATIVE ,' , `' ' ACORD 25 (2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Endurance West Tech Contracting; Inc. Additional Insured Owners, Lessees or Contractors - Completed Operations This endorsement, effective 4l01l12 attaches to and forms apart .of•Policy Number ECC101006524-03 . This endorsement changes the Policy, Please read it carefully. In consideration of an additional:premium of $Applied, this endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional. Insured Person(s) Or Organization(s)r Location And Description Of Completed Operations Per the attached certificate Alt project_locxrtiona where this andorsezuunt is.: required hba6nttact. Tnfnrrantion required to complete this Schedule; if not Shown above, will he s hown:in. the Deciaratigns, 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 damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products-. ootnpleted operations hazard". CG 20 37 07 04 @ ISO Properties, Inc:, 2004 Endurance West Tech Contracting, Inc: Additional Insured — Owners, Lessees or Contractors This endorsement, :e£fectiv.e4/01/12 attaches to and forms a part of Policy Number ECC101006524-03 ; This endersermerit changes the Policy..Please read it carefully: ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM I3). This endorsement modifies insurance provided under the following:. COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Nance of Person or Organization_ Per the attached, certificate (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.). WHO IS, AN INSURED (Section II) is. amended to include as an insured the person or organization shown in the Sehedu1e bawdy with respect to liability arising out of your ongoing operations performed for that insured. CG 20 10 10.93 Copyright, Insurance Services Office; tnc. 1992 Endurance ce West Tech Contracting, Inc. Additional insured — Designated Person or Organization This endorszmetv;;effective • 4/01/12 attaches lb and forms a ptrrrt of Policy Number ECC101006524-03 This:endorsenirnt Changes die Policy. Please read it carefully: In consideration of an additional premium: of'SApolied this endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization Anyperson(s) or organization(s) whom the Named insured agrees, in written contract, to name ;as,an additional insured IIowever, this status exists only for the project specified in that contract (If no entry appears .above, information requiredto complete this endorsement will be shown in the Declarations as applicable to this endorsement:) WHO IS. AN INSURED (Section II) is amended .to include as an insured the person or organization shown in the Schedule as an insured but only with respect to liability arising out of your operations or premises owned by or rented to you. CG 20 26 11 85 Copyright, Insurance Services Office, Ina., 1984 Endurance West Tech Contracting, Inc. Automatic Additional Insured Owners, Lessees or Contractors This endorsement,.. effective 4/01/12 attaches to and forms a part of Policy Number ECC101006524-03 . This endorsement changes the Policy. Please read it carefully. This _endorsement modifies insurance provided under the following: CO1WIIk1ERCIAL. GENERAL LIABILITY COVERAGE PART CONTRACTORS POLL[JTION LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Per the attached certificate Any person(s) or organization(s) wham the Named Insured agrees, in a written contract, to name as an additional insured. However, this status exists only for the project specified in that contract. The .person .or organization shown in this Schedule is included as:an.:insured, but only with respect to that person's ororganizatiion's vicarious liability arising out of your ongoing operations. performed for that insured. FEI-319-ECC-0708 Endurance WestTech Contracting, Inc. Automatic Waiver of Subrogation Endorsement This endorsement; effective 001112 attaches to and forms a partof Policy Number ECC101006524-03 . This endorsement changes the Policy. :Please read it carefully. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHEDULE Name. of Person or Organization: Per the attached certificate Any persons) or organization(s) to whom the Named tnsuredagrees, in.a written contract, to provide awaiver of subrogation. however, this status exists only for the project specified in that contract The Company waives any right of recovery it may have against the person or organization shown in the above Schedule because of payments the Company makes for injury or damage'arising out of the insurad's work done under a contract with that person or organization. The waiver applies only to the person or organization in the above Schedule. Under no circumstances shall this endorsementaet to extend the policy period, change the scopeof coverage or. increase the Aggregate Limits of Insurance shown in the Declarations. FEI-32D-ECG-070B: Endurance West Tech Corrtracting, Inc: Automatic Primary an.d Non -Contributory Insurance Endorsement DesignatedWork Or Project(s) This endorsement;effective.-4/01/12 attaches to and forms.a part. of:Policy Number ECC101006524-03 . Thisendorsement changes the Policy. Please read it carefully. JHEDULE Name. of Person or Organization: Per the attached certificate Anyperson(s) or organization(s) whom the Named Insured agrees,. in a written contract, to provide Primary andior Non-contributory status of this insurance. However, this status exists only for the project specified in that contract: In consideration of an additional premium of SApplied and notwithstanding anything contained in this policy to the contrary, it is hereby agreed that this policy shall be considered primary to any similar insurance held 'by third parties in respect to workperformed by you under any -written contractual agreement with such third party. it is further 'agreed that any other insurance which the person(s) or organization(s) named in the schedule may have is excess and non- contributory to this insurance. FEI-548-ECG-0708 Endurance West Tech Contracting, Inc. Endorsement Number 20 Amendment of Cancellation Notice Endorsement This endorsement, effective 4101/2012ittaches to and forms a part of Policy Number ECC101006524-03 . This endorsement changes the Policy. Please read it carefully. Notwithstanding the appropriate provision of this policy; in the event cancellation of this policy is instigated by the Company for any reason ewept:nonpayment of premium, the Company will endeavorto. provide 30 days advance notice of such cancellation to the following: FEI -502-ECC-0708 POLICY NUMBER: 4028895002 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: 05-15-2012 Countersigned By: Named Insured: West -Tech Contracting, Inc. SCHEDULE Name of Person(s) or Organization(s) Any person or organization you have agreed in a written contract or written agreement to add as an additional insured on this Coverage Part, provided the written contract or written agreement was executed prior to: a. The "bodily injury" or '`property damage"; or b. The offense that caused the "personal and advertising injury for which the additional insured seeks coverage under this Coverage Part. The written contract or written agreement must pertain to your ongoing operations for the additional insured, and must specifically require additional insured status according to the provisions of CG 20 48. But notwithstanding the above, no person or organization is an additional insured for professional architectural or engineering services provided at or for the Location(s) of Covered Operations (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 2 POLICY NUMBER: COMMERCIAL AUTO CA20480299 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 2 of 2 ❑ 9-231 66 A (Ed. 05/89) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER RIGHTS OF RECOVERY AGAINST OTHERS This endorsement modifies insurance provided under the toilowing: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM TRUCKERS COVERAGE FORM Insured Name: West -Tech Contracting, Inc. Policy Number: 4028895002 Name of Person or Organization: Blanket where required by written contract, SCHEDULE Effective Date: 4/01/2012 (If no entry appears above, inlormation required to complete this endorsement will be shown in the Dodarations as applicable to this endorsement,) We waive any right of recovery wo may have against the person or organization shown in the Schedule because of payments wo mako for the injury or damage. This injury or damage must arise out of your activities under a contract with that person or organization. The waiver applies only to the person or organization shown in the Schedule. 9-23186-A Page 1 of 1 (Ed. 05169) ACGRO� CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 12/05/2012 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 Bouchard Insurance for WBS P.O.Box 6090 Clearwater, FL 33758-6090 INSURED Workforce Business Services, Inc. Labor Contractor, for leased workers to: West Tech Contracting Inc 1401 Manatee Ave. West Ste 600 Bradenton, FL 34205-6708 CONTACT NAME: PHONE JAIL NEO: (866) 293-3600 ext. 623 o z E-MAIL ADDRESS: FAX • (A/C No INSURER(5) AFFORDING COVERAGE NAIC q INSURER A : American Zurich Insurance Company INSURER B 40142 INSURER C INSURER D : INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: 11FL079835288 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. INSR LTR TYPE OF INSURANCE ADDL SUER INSR WV POLICY NUMBER POLICY EFF POLICY EXP (MMIDDIYYYY) (MM/DD/YYYYI LIMITS GENERAL LIABILITY COMMERCIAL GENERAL 1 CLAIMS -MADE LIABILITY OCCUR EACH OCCURRENCE $ DAMAGE TO RENTED PREMISES (Ea occurrence) $ MED EXP (My one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE POLICY LIMIT APPLIES PRO•', JFCT PER: LOC PRODUCTS- COMP/OP AGG $ ----� $ AUTOMOBILE LIABILITY I— I SCHEDULED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accidence $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE S AGGREGATE $ DED RETENT ON$ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDERECUTIVE (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below YIN NIA WC 47-58-334-00 05/01/2012 12/31/2012 x WC STATU- TORYIIMITS OTH- FR E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 Location Coverage Period: 05/01/2012 12/31/2012 Client# 053907 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) Coverage is provided for West Tech Contracting Inc Removal of the Unde ground Storage Tank Systems and Storm Interceptor System at 9 p 568 N Tulip Street 2020 hoover Ave in onjunction with the Westside infill transit oriented Development only those employees Escondido, CA 92025 (WI-TOD) Housing Project Spec No 12-08 leased to but not subcontractors of: Endorsements: Waiver of Subrogation, 30 days written cancel notice (10 days for non payment of premium) CERTIFICATE HOLDER CANCELLATION City of National City C/O City of Attorney's Office 1243 National City Blvd National City, CA 91950 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2010/05) © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD WORKERS' COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT — CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the schedule (This agreement applies only to the extent that you per- form work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be $o of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE Person or Organization Job Description IN FAVOR OF: City of National City CIO City of Attorneys Office 1243 National City Blvd National City, CA 91950 Removal of the Underground Storage Tank Systems and Storm Interceptor System at 2020 hoover Ave in onjunction with the Westside infill transit oriented Development (WI-TOD) Housing Project Spec No 12-08 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: 05/01/2012 Policy No: WC 47-58-334-00 Endorsement No: Insured: Workforce Business Services, Inc. Labor Contractor, for leased workers to: West Tech Contracting Inc Insurance Company: American Zurich Insurance Company Countersigned by WC 04 03 06 Copyright 1983 National Council on Compensation Insurance RESOLUTION NO. 2012 — 221 RESOLUTION OF THE CITY OF COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT WEST -TECH CONTRACTING, INC., IN THE NOT TO EXCEED AMOUNT OF $37,245 FOR THE REMOVAL OF UNDERGROUND STORAGE TANK SYSTEM AND STORM WATER INTERCEPTOR SYSTEM IN CONJUNCTION WITH THE WESTSIDE INFILL TRANSIT ORIENTED DEVELOPMENT, AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT AND ANY CHANGE ORDER WITHIN THE BUDGET AMOUNT NECESSARY TO COMPLETE THE PROJECT, AND APPROVING AN APPROPRIATION OF $85,000 TO FUND THE CONTRACT AND ANY UNFORESEEN CHANGES WHEREAS, on March 21, 2012, the County of San Diego, Department of Environmental Health ("DEH") inspected the underground storage tank ("UST") locate at 2020 Hoover Avenue, and concluded that the permanent closure requirements of the UST were not met; and WHEREAS, it is necessary to remove the underground storage tank and storm interceptor system at the site to bring the property into compliance and to prepare the site for the Westside Infill Transit Oriented Development ("WI-TOD") Housing Project; and WHEREAS, the Engineering Division of the Development Services Department, in open session on October 30, 2012, did publicly open, examine, and declare four sealed bids for the WI-TOD Project; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for the National City Citywide Westside Infill Transit Oriented Development ("WI-TOD") Housing Project to the lowest responsive, responsible bidder, to wit: WEST -TECH CONTRACTING, INC. BE IT FURTHER RESOLVED that the City Council of the City of National City hereby authorizes the City Manager to execute on behalf of the City a contract with West -Tech, Inc., in the amount of $37,245, and any change orders within the budget amount necessary to complete the Project, with West -Tech Contracting for the National City Westside Infill Transit Oriented Development ("WI-TOD") Housing Project. Said contract is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that $85,000 is hereby appropriated to fund the contract and any unforeseen changes necessary to complete the Project. PASSED and ADOPTED this 20th day of Nove012. ATTEST: Nv Michael R. Dal a. City Clerk on Morrison, Mayor APP ROVED AS TO FORM: Cladiulila"'C�a1�iKda` ailva Passed and adopted by the Council of the City of National City, California, on November 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 N City Cterk of the City f National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2012-221 of the City of National City, California, passed and adopted by the Council of said City on November 20, 2012. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT t '+c;1'-L.`I MEETING DATE: November 20, 2012 AGENDA ITEM NO. 7 ITEM TITLE: Resolution of the City Council of National City authorizing the City Manager to: (1) execute the contract with West -Tech Contracting, Inc. in the not -to -exceed amount of $37,245 for the removal of Underground Storage Tank System and Storm Water Interceptor System as mandated by the Department of Environmental Health, Specification No. 12-08, (2) authorize the City Manager to execute any change orders within the budget amount necessary to complete the project and (3) approve an appropriation of $85,000 to fund the contract and fund any unforeseen changes. (Funded by General Fund) PREPARED BY: Barby Tipton PHONE: 336-4583 EXPLANATION: See attached DEPARTMENT: Development Services -Engineering Division -'C APPROVED BY:� FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: Appropriate $85,000 from the General Funds Balance to Account No. 001-409-500-598-1592 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Three lowest bidders worksheet 3. Resolution EXPLANATION The City acquired the property located at 2020 Hoover Avenue, former site of Suncoast Bus Company, with the intent to include the property in the Westside InfiII Transit Oriented Development (WI-TOD) Housing Project. The site contains an underground storage tank system. Neither the City nor the WI-TOD project will be using the tank, and thusly, the City is mandated by the County of San Diego, Department of Environmental Health (DEH) to apply for permanent closure and removal of the tank. Although not part of the requirements of the DEH, this project includes the removal of the storm water interceptor system,. On March 21, 2012 the DEH inspected the underground storage tank (UST) located at 2020 Hoover Avenue and concluded that the permanent closure requirements for the UST were not met. On April, 25, 2012, the DEH approved an extension of the compliance due date so that the City could comply with the requirements of the Public Contract Code wherein it is necessary to publically bid the project. In June of 2012, the Engineering staff was assigned the task of publically bidding the project. In July of 2012, site visits were conducted and a consultant was hired to prepare the specifications for the project. Staff received the specifications for review in September of 2012 and the project was advertised. In October 2012, the DEH verbally advised the City that due to the length of time in achieving permanent UST closure, administrative action by the DEH is being considered,which could include mandated compliance dates for project completion. On October 30, 2012, four bids were received and opened for the removal of an underground storage tank system and storm interceptor system at 2020 Hoover Avenue. The lowest responsive bidder was West -Tech Contracting with a proposed bid amount of $32,625.00. Additionally, Additive "A" in the amount of $4,620 for backfill of excavated site was selected to be awarded. The total contract amount is $37,245.The bid opening information sheet and the cost proposal worksheet for the three lowest bidders are attached for your information. Staff is requesting that Council authorize an appropriation from the un-appropriated General Fund Balance to complete this project. Use of the General Fund is necessary as time is of essence as administrative action is underway by the County DEH due to the length of time needed to comply with mandated required remediation and permanent closure requirements at the site. Another factor complicating this project is that the soil surrounding the area of the tank removal must test clear of any pollutants. Should pollutants be discovered, it will be necessary to over -excavate the site to the extent that the soil is free of pollutants. If over -excavation is necessary, additional back fill will also be required. Based on earlier testing of the site, staff does not anticipate a finding of a large amount of contamination but because time is of essence, staff requests that Council approve a total budget of $85,000. This amount shall fund the contract amount of $37,245 and shall fund any unforeseen changes to the contract, construction management & inspections, and soil sampling & materials testing. It is also requested that Council authorize the City Manager to execute the contract and approve any and all change orders not to exceed the total approved budget. Staff checked the provided references for West -Tech Contracting, Inc and found that they are qualified to perform the work as detailed in the specification. Three Lo Bidders Removal of Underground Storage Tank System and Storm Water Interceptor System, 2020 Hoover Avenue, in conjunction with the WI-TOD Housing Project Specification 12-08 ups SoCla ris *�, 1 �� a i115 �x f s o $ 3,050.00 UNIT PRICE 1500 TOTAL $ 1,500.00 Mobilization/Demobilization LS General Items 1 of Work 2500 $ 2,500.00 3,050.00 2 Coordinate all activities with the County of San Diego Department of Environmental Health and National City Fire Department LS 1 3300 $ 3,300.00 1,581.00 $ 1,581.00 2500 $ 2,500.00 3 Remove and dispose/recycle all of the surface improvements necessary for the removal of UST and interceptor (4"-8" of PCC) LS 1 6500 $ 6,500.00 10,313.00 $ 10,313.00 6500 $ 6,500.00 4 Excavate, transport, weigh, dispose recycle all contaminated soil (Type A) discovered during excavation and removal activities TON 25 59 $ 1,475.00 442.32 $ 11,058.00 100 $ 2,500.00 5 Excavate, transport, weigh, dispose/recycle all contaminated soil (Type 8-Hot) discovered during excavation and removal activities TON 25 59 $ 1,475.00 472.64 $ 11,816.00 150 $ 3,750.00 12,000 Gallon UST Removal and Disposal 6 Remove and dispose of residual liquids and solids in the UST system (tank, piping and pump assemblies) LS 1 4200 $ 4,200.00 9,834.00 $ 9,834.00 2500 $ 2,500.00 7 Prepare UST for removal and disposal LS 1 9200 $ 9,200.00 7,591.00 $ 7,591.00 2500 $ 2,500.00 8 Remove and dispose of UST system LS 1 1200 $ 1,200.00 2,698.00 $ 2,698.00 15000 $ 15,000.00 9 Remove and dispose of residual liquids and solids in the storm interceptor LS 1 400 $ 400.00 3,394.00 $ 3,394.00 2500 $ 2,500.00 10 Remove and dispose of the storm water interceptor system LS 1 1500 $ 1,500.00 4,833.00 $ 4,833.00 12800 $ 12,800.00 11 Place Mirafi 180N filter fabric on all sides and backfill with 3/4" crushed aggregate after removal of storm interceptor TON 35 25 $ 875.00 88.00 $ 3,080.00 50 $ 1,750.00 TOTALS t` $ 32,625.00 sub total s $ 69,248 00 ''' �� $ 53,800.00 1 of 2 12 13 Three Lowest Bidders Removal of Underground Storage Tank System and Storm Water Interceptor System, 2020 Hoover Avenue, in conjunction with the WI-TOD Housing Project Specification 12-08 Backfill all UST system excavated areas with structural backfill TOTALS Permanently place twenty Type III barricades and OSHA orange 4" high safety mesh fencing around all UST excavation areas GRAND TOTALS TON LS 165 28.00 4,620.00 4,620.00 $ 18,000.00 55,245.00 48.00 sub total $ 7,920.00 7,920.00 $ 2,287.00 $ 79,455.00 45.00 7,425.00 7,425.00 2,500.00 $ 2,500.00 $ 63,725.00 RESOLUTION NO. 2012 — RESOLUTION OF THE CITY OF COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT WEST -TECH CONTRACTING, INC., IN THE NOT TO EXCEED AMOUNT OF $37,245 FOR THE REMOVAL OF UNDERGROUND STORAGE TANK SYSTEM AND STORM WATER INTERCEPTOR SYSTEM IN CONJUNCTION WITH THE WESTSIDE INFILL TRANSIT ORIENTED DEVELOPMENT, AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT AND ANY CHANGE ORDER WITHIN THE BUDGET AMOUNT NECESSARY TO COMPLETE THE PROJECT, AND APPROVING AN APPROPRIATION OF $85,000 TO FUND THE CONTRACT AND ANY UNFORESEEN CHANGES WHEREAS, on March 21, 2012, the County of San Diego, Department of Environmental Health ("DEH") inspected the underground storage tank ("UST") locate at 2020 Hoover Avenue, and concluded that the permanent closure requirements of the UST were not met; and WHEREAS, it is necessary to remove the underground storage tank and storm interceptor system at the site to bring the property into compliance and to prepare the site for the Westside Infill Transit Oriented Development ("WI-TOD") Housing Project; and WHEREAS, the Engineering Division of the Development Services Department, in open session on October 30, 2012, did publicly open, examine, and declare four sealed bids for the WI-TOD Project; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for the National City Citywide Westside Infill Transit Oriented Development ("WI-TOD") Housing Project to the lowest responsive, responsible bidder, to wit: WEST -TECH CONTRACTING, INC. BE IT FURTHER RESOLVED that the City Council of the City of National City hereby authorizes the City Manager to execute on behalf of the City a contract with West -Tech, Inc., in the amount of $37,245, and any change orders within the budget amount necessary to complete the Project, with West -Tech Contracting for the National City Westside Infill Transit Oriented Development ("WI-TOD") Housing Project. Said contract is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that $85,000 is hereby appropriated to fund the contract and any unforeseen changes necessary to complete the Project. PASSED and ADOPTED this 20th day of November, 2012. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk 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 WEST -TECH CONTRACTING Removal of Underground Storage Tank System & Storm Water Interceptor Judy Hernandez (Engineering) Forwarded Copy of Contract to West -Tech Contracting