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HomeMy WebLinkAbout2014 CON Clauss Construction - 2020 / 2100 Hoover Ave Remediation2020 AND 2100 HOOVER AVENUE REMEDIATION & SITE DEMOLITION Specification No. 13-01 CONTRACT THIS CONTRACT, made and entered into this 4th day of February. 2014, by and between the City of National City, California, herein after designated as the "City", and Clauss Construction, 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: 2020 AND 2100 HOOVER AVENUE REMEDIATION & SITE DEMOLITION Specification No. 13-01 and to perform and complete in a good and workmanlike manner all the work pertaining thereto shown on the plans and specifications therefore; to furnish at his own proper cost and expense all tools, equipment, labor and materials necessary therefore; and to do everything required by this agreement and the said plans and specifications. 2. For furnishing all said materials and labor, tools and equipment, and doing all the work contemplated and embraced in this Contract, also for all loss and damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the work until its acceptance by the City and for all risks of every description connected with the work; also, for all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as in said specifications are expressly stipulated to be borne by the City and for well and faithfully completing the work and the whole thereof, in the manner shown and described in the said plans and specifications, the City will pay and the Contractor shall receive in full compensation therefore the lump sum price, or if the bid is on the unit price basis, the total price for the several items furnished pursuant to the specification, named in the bidding sheet of the proposal, as the case may be. 3. The City hereby promises and agrees to employ, and does hereby employ said Contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to for the price aforesaid and hereby conditions set forth in the specification; and the said parties for themselves, their heirs, 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. 2-1 2020 AND 2100 HOOVER AVENUE REMEDIATION & SITE DEMOLITION Specification No. 13-01 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: iE a /-i L( Signature of Prime Contractor Date as -34-/ L/ Signature of Prime Contractor Date ela uss- +i-y- c,k On. CLci )ass - Secre-c i 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. J-1 J 'D1 VZ CITY: By: ATTEST: Mayor, City of National Cit By: '4 Ci y Clerk, City of Na Tonal City (Notary acknowledgement of execution by all PRINCIPALS OF CONTRACTOR must be attached.) 2-2 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California } ss County of San Diego On February 24, 2014 before me, Lori Dennett, Notary Public, personally appeared Patrick M. Clauss, 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 capacities, and that by his signatures 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. Signature (Seal) -ITF�r'1J� LORI pENNETT� Commission # 1954994 Notary Public - California San Diego County - M Comm. Ex ires Oct 30, 2015 2020 AND 2100 HOOVER AVENUE REMEDIATION & SITE DEMOLITION Specification No.13-01 CONTRACT (CONTINUED) CORPORATE CERTIFICATE l G% I 1 `- lA_SS certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that ct (�r�.t ,j , who signed said contract on behalf of the Contractor, was then �1Ar�--t" l"L of said Corporation; that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers. 1, L L--( 44 certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that Og t,c' - , who signed said contract on behalf of the Contractor, was then Pile_i.e c-taof said Corporation; that said contract was duly signed for and n behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers. Corporate Seal: 2-3 2020 AND 2100 HOOVER AVENUE REMEDIATION & SITE DEMOLITION Specification No. 13-01 CONTRACT (CONTINUED) PARTNERSHIP CERTIFICATE STATE OF ) ) ss COUNTY OF ) On this day of , 2014, 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: 2-4 2020 AND 2100 HOOVER AVENUE REMEDIATION & SITE DEMOLITION Specification No. 13-01 PERFORMANCE BOND WHEREAS, the City Council of the City of National City, by Resolution No. 2014-16, passed the 4th day of February, 2014 has awarded to Clauss Construction, hereinafter designated as the "Principal", the 2020 AND 2100 HOOVER AVENUE REMEDIATION & SITE DEMOLITION, Specification No. 13-01. WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract. NOW, THEREFORE, we, the Principal and 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 Eight Hundred Fifty Eight Thousand, Six Hundred Nine and No/100 (S858,609.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the above bounden Principal, his/her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said contract any alteration thereof made as therein provides, on his or their part, to be kept and performed at the time and in the amount therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of National City, the City Council, their officers, agents, and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed 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. 2-5 2020 AND 2100 HOOVER AVENUE REMEDIATION & SITE DEMOLITION Specification No. 13-01 In the event suit is brought upon this bond by the City of National City and judgment is recovered, the surety shall pay all costs incurred by the Council in such suit, including a reasonable attorney's fee to be fixed by the Court. IN WITNESS WHEREOF three identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the day of , 2014. (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) Surety Principal 2-6 2020 AND 2100 HOOVER AVENUE REMEDIATION & SITE DEMOLITION Specification No. 13-01 PERFORMANCE BOND (continued) ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF ) ) ss COUNTY OF ) On this day of , 2014, 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: 2-7 2020 AND 2100 HOOVER AVENUE REMEDIATION & SITE DEMOLITION Specification No. 13-01 PAYMENT BOND WHEREAS, the City Council of the City of National City, by Resolution No. 2014-16, passed the 4th day of February, 2014 has awarded Clauss Construction, hereinafter designated as the "Principal", the 2020 AND 2100 HOOVER AVENUE REMEDIATION & SITE DEMOLITION, Specification No. 13-01. 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 Eight Hundred Fifty Eight Thousand, Six Hundred Nine and No/100 ($858,609.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his/her or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay any of the persons named in Section 3181 of the California Civil Code, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the Contractor and his subcontractors pursuant to Section 18806 of the Revenue and Taxation Code, with respect to such work and labor the Surety will pay for the same in an amount not exceeding the sum hereinafter specified, and also, in case suit is brought upon this bond, a reasonable attorney's fee, to be fixed by the Court. This Bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code, so as to give a right of action to such persons or their assigns in any suit brought upon this bond. 2-8 2020 AND 2100 HOOVER AVENUE REMEDIATION & SITE DEMOLITION Specification No. 13-01 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 , 2014. (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) Surety Principal 2-9 2020 AND 2100 HOOVER AVENUE REMEDIATION & SITE DEMOLITION Specification No. 13-01 PAYMENT BOND (continued) ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF COUNTY OF ) ss ) On this day of , 2014, 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: 2-10 2020 AND 2100 HOOVER AVENUE REMEDIATION & SITE DEMOLITION Specification No. 13-01 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: YY1 ors (()r±e- cala L-L9 b l J (0/91-390- iniaD Name Cell number/Office number Other 24-hour available person with authority to order work: Mac c L-ee_. -Gen Name (r'L9-119-L119 /10(9 L1940 Cell number/Office number Other 24-hour available person with authority to order work: M.u.sbach - - C4f11 /(01. 3�cC��1� 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. M CAL24-4 Signature of Prime Contractor Signature of Prime Contractor ?r,-t--rcK M. C.LCu lss- rPsderrt tric k al, Ctcu .ss - ,Secve ary Print name and title Print name and title (If the Prime Contractor is a corporation two signatures of corporate officers are required.) 2-11 Bond No. CDGP100605 Executed in Three (3) Originals 2020 AND 2100 HOOVER AVENUE REMEDIATION & SITE DEMOLITION Specification No. 13-01 PERFORMANCE BOND WHEREAS, the City Council of the City of National City, by Resolution No. 2014-16, passed the 4th day of February, 2014 has awarded to Clauss Construction, hereinafter designated as the "Principal", the 2020 AND 2100 HOOVER AVENUE REMEDIATION & SITE DEMOLITION, Specification No. 13-01. WHEREAS, saki 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 State National Insurance Company, Inc. administered by: Contractor Managing General Insurance Aaencv, Inc. 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 Eight Hundred Fiftv Eight Thousand, Six Hundred Nine and No/100 ($858,609.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION 15 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 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. 2-5 2020 AND 2100 HOOVER AVENUE REMEDIATION & SITE DEMOLITION Specification No. 13-01 In the event suit is brought upon this bond by the City of National City and judgment is recovered, the surety shall pay all costs incurred by the Council in such suit, including a reasonable attorney's fee to be fixed by the Court. IN WITNESS WHEREOF three identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the 19th day of February , 2014. State National Insurance Company, Inc. administered by: Contractor Managing General Insurance Agency, Inc. (SEAL) Clauss Construction (SEAL) Stephanielope Shear, Attorney in Fact Surety (SEAL) Jeb� 14/1 (SEAL) SEAL) (SEAL) Principal 2-6 2020 AND 2100 HOOVER AVENUE REMEDIATION & SITE DEMOLITION Specification No. 13-01 PERFORMANCE BOND (continued) ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF ) COUNTY OF ) 55 On this day of , 2014, 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 acknowledged. certified copy of the Power of Attorney. Signature: Name (Type or Print): Notary Public in and for said County and State My Commission expires: 2-7 Premium:$18,172.00 Bond No.: CDGP100605 Taxes & Fees: N/A State National Insurance Company, Inc. Administered by: CONTRACTOR MANAGING GENERAL INSURANCE AGENCY, INC. POWER OF ATTORNEY KNOW BY ALL THESE PRESENTS That STATE NATIONAL INSURANCE COMPANY, INC. a corporation organized and existing under the laws of the State of Texas, having its principal office in Bedford, Texas does hereby constitute and appoint Stephanie Hope Shear its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, the following bond described as: 2020 and 2100 Hoover Avenue Remediation and Site Demolition, Spec No. 13-01 for: Three Million and 00/100 Dollars ($3,000,000) and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute. rule, regulation, contract or otherwise. The execution of such instrument(s) in pursuance of these present, shall be as binding upon STATE NATIONAI, INSURANCE COMPANY, INC. as filly and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elcc ted officers at the principal office. RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney' or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writi ngs obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, STATE NATIONAL INSURANCE COMPANY, INC. has caused this instrument to be signed and its corporate seal to he affixed by its authorized officer, this l lth day of.June, 2012. STATE NATIONAL INSURANCE COMPANY, INC. Terry L. Ledbetter, President Wyatt D. Blackburn, Secretary STATE OF TEXAS County of Tarrant ()n this 1th day of June 2011 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly sworn, said that each of the herein described and authorized officer of STATE NATIONAL INSURANCE COMPANY. INC.; that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixe d by order of the Board of Directors of said Company. I N WITNESS WHEREOF. I have hereunto set my hand at Bedford, Texas the day and year above written. Mindy Davis Natary Public, Scare of Teas Cemm- ff s04-21-I5 [Notary Stamp] Signature of Notary I, Wyatt D. Blackburn, Secretary of STATE NATIONAL INSURANCE COMPANY, INC., do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by STATE NATIONAL, INSURANCE COMPANY, INC., which is still in full force and effect. IN WITNESS WHEREOF, I have thereunto set my hand and attested the seal of said Company this 19thdav of February 2414 Wyatt D. Blackburn, Secretary C M G IA- S N I C -S U R-014 -05l12 CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT State of Califomia County of Los Angeles FEB t92014 On before me, JAN MICHELLE RIVERA. NOTARY PUBLIC DATE NAME, TITLE OF OFFICER Personalty appeared STEPHANIE HOPE SHEAR NAME(S) OF SIGNER(S) 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. WITNE8my han SIGNATURE OF k • nd official seal. JAN Iv'^NELLE RIVERA # 1539902 z �". Notary Pub ' - ':Iifornia z Los Ange;os County D \\\�My Comm. Expires Jul 3, 2015 NOTARY SEAL Bond No. CDGP100605 Executed in Three (3) Originals 2020 AND 2100 HOOVER AVENUE REMEDIATION & SITE DEMOLITION Specification No. 13-01 PAYMENT BOND WHEREAS, the City Council of the City of National City, by Resolution No. 2014-16, passed the 4th day of February, 2014 has awarded Clauss Construction, hereinafter designated as the "Principal", the 2020 AND 2100 HOOVER AVENUE REMEDIATION & SITE DEMOLITION, Specification No. 13-01. 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; State National Insurance Company, Inc. administered by: NOW, THEREFORE, we, the Principal and Contractor Managing General Insurance Agency, Inc. 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 Eight Hundred Fifty Eight Thousand, Six Hundred Nine and No/100 ($858,609.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION I5 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 ofthe 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. 2-8 2020 AND 2100 HOOVER AVENUE REMEDIATION & SITE DEMOLITION Specification No. 13-01 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 19th day of February , 2014. State National Insurance Company, Inc. administered by: Contractor Managing General Insurance Agency, Inc. (SEAL) Clausf � i _ ,s Construction (SEAL) (SEAL) � i/CZ l (SEAL) eHr5F4-e—Frope Shear, Attorney in Fact (SEAL) (SEAL) Surety Principal 2-9 2020 AND 2100 HOOVER AVENUE REMEDIATION & SITE DEMOLITION Specification No.13-01 PAYMENT BOND (continued) ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF COUNTY OF ) ss On this day of , 2014, 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: 2-10 Bond No.: CDGP100605 Premium:$18,172.00 Taxes & Fees: N/A State National Insurance Company, Inc. Administered by: CONTRACTOR MANAGING GENERAL INSURANCE AGENCY, INC. POWER OF ATTORNEY KNOW BY ALL THESE PRESENTS That STATE NATIONAL INSURANCE COMPANY, INC. a corporation organized and existing under the laws of the State of Texas, having its principal office in Bedford, Texas does hereby constitute and appoint Stephanie Hope Shear its true and lawful attomey(s)-in-fact to execute, seal and deliver for and on its behalf as surety, the following bond described as: 2020 and 2100 Hoover Avenue Remediation and Site Demolition, Spec No. 13-01 for: Three Million and 00/100 Dollars ($3,000,000) and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise. The execution of such instrument(s) in pursuance of these present, shall be as binding upon STATE NATIONAL INSURANCE COMPANY, INC. as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elec ted officers at the principal office. RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writi ngs obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, STATE NATIONAL INSURANCE COMPANY, INC. has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this I1th day ofJune, 2012. STATE NATIONAL INSURANCE COMPANY, INC. i• Terry L. Ledbetter, President STATE OF TEXAS County of Tarrant Wyatt D. Blackburn, Secretary On this I 1 th day of June 2011 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly sworn, said that each of the herein described and authorized officer of STATE NATIONAL INSURANCE COMPANY, INC.; that the seal affixed to said instrument is the Corporatc Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of said Company. IN WITNESS WHEREOF, I have hereunto set my hand at Bedford, Texas the day and year above written. bowls Notary Public, State o/ T. Comm. Exp. [Notary Stamp] Signature of Notary I. Wyatt D. Blackburn Secretary of STATE NATIONAL INSURANCE COMPANY, INC., do hereby certify' that the above and foregoing is a true and correct copy of a Power of Attorney executed by STATE NATIONAL INSURANCE COMPANY, INC., which is still in full force and effect. IN WITNESS WHEREOF, I have thereunto set my hand and attested the seal of said Company this 19thday of February 2014 Wyatt D. Blackburn, Secretary C MG IA-S N I C-SU R-014-05/ 12 CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT State of California County of Los Angeles OrFEB 19 2014 before me, JAN MICHELLE RIVERA, NOTARY PUBLIC DATE NAME, TITLE OF OFFICER Personally appeared STEPHANIE HOPE SHEAR NAME(S) OF SIGNER(S) 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. WITNE : my hd and official seal. SIGNATUREOF ARY NOTARY SEAL JAN MiSHELLE RIVERA # 1939902 Notary Pubic - ralitornla z Los Angeles County D My Comm. Expires Jul 3, 2015 RESOLUTION NO. 2014 — 16 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO CLAUSS CONSTRUCTION IN THE NOT TO EXCEED AMOUNT OF $858,609 FOR THE 2020 AND 2100 HOOVER AVENUE REMEDIATION AND SITE DEMOLITION PROJECT, AUTHORIZING A 25% CONTINGENCY IN THE AMOUNT OF $214,652.25 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 January 22, 2014, did publicly open, examine, and declare five sealed bids for the 2020 and 2100 Hoover Avenue Remediation and Site Demolition Project ("Project"); and WHEREAS, Clauss Construction was the lowest responsive bidder with a proposed bid amount of $858,609; and WHEREAS, a 25% contingency amount up to $214,652.25 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 2020 and 2100 Hoover Avenue Remediation and Site Demolition Project to the lowest responsive, responsible bidder, to wit: CLAUSS CONSTRUCTION BE IT FURTHER RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute on behalf of the City a contract in the amount of $858,609 with Clauss Construction for the 2020 and 2100 Hoover Avenue Remediation and Site Demolition Project. Said contract is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the City Council hereby authorizes a 25% contingency amount up to $214,652.25 for unforeseen changes to the Project. ATTEST: PASSED and ADOPTED this 4th day of February 14. on Morrison, Mayor P w Micllael R. Dalla, ity Clerk PPR• I .D AS TO FORM: k. / O 'ia c a Silva City Attor Passed and adopted by the Council of the City of National City, California, on February 4, 2014 by the following vote, to -wit: Ayes: Councilmembers Cano, Morrison, Natividad, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California City lerk of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2014-16 of the City of National City, California, passed and adopted by the Council of said City on February 4, 2014. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT ETING DATE: February 4, 2014 AGENDA ITEM NO. 14 ITEM TITLE: Resolution of the City Council of the City of National City, 1) awarding a contract in the not to exceed amount of $858,609.00 to Clauss Construction for the 2020 and 2100 Hoover Avenue Remediation and Site Demolition Project, Specification No. 13-01; 2) authorizing a 25% contingency in the amount of $214,652.25 for any unforeseen changes; and 3) authorizing the Mayor to execute the contract PREPARED BY: Stephen Manganiello PHONE: 336-4382 EXPLANATION: See attached. FINANCIAL STATEMENT: ACCOUNT NO. DEPARTMENT: Engineering & Public Works APPROVED BY: APPROVED: �at'?� Finance APPROVED: MIS $458,424.66, Account No. 001-499-500-598-1592 (WI-TOD Phase 1); $255,670.20 Account No. 001-499-500-598-3934 (National City Westside Infill T.O.D.); $144,514.14, Account No. 001-409-500-598-1596 (WITOD Site Remediation). ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A 'TACHMENTS: 1. Explanation 2. Bid Opening Summary 3. Three Lowest Bidders Summary 4. Resolution EXPLANATION The 2020 and 2100 Hoover Avenue Remediation and Site Demolition Project, Specification No. 13-01, will deliver a clean site for 2020 and 2100 Hoover Avenue, and the parcel west of Paradise Creek, to allow for future development of the Westside Infill Transit Oriented Development (WI-TOD) affordable housing project and open space park. This contract includes removal and disposal of unsuitable soils and materials, and demo of the existing Public Works yard, facilities and auxiliary structures. In December, 2013, the bid solicitation was advertised in local newspapers and posted on the City's website. On January 22, 2014, five sealed bids were received by the deadline, opened and publically disclosed. Clauss Construction was the apparent low bidder with a total bid amount of $858,609.00. Upon review of all documents submitted and reference checks, Clauss Construction's bid is responsive, and they are the lowest responsible bidder qualified to perform the work as described in the project specifications. Attached are the bid opening results and a summary of the three lowest bidders for your information. Staff recommends the following: 1) award a contract in the not to exceed amount of $858,609.00 to Clauss Construction for the 2020 and 2100 Hoover Avenue Remediation and Site Demolition Project, Specification No. 13-01; 2) authorize a 25% contingency in the amount of $214,652.25 for any unforeseen changes; and 3) authorize the Mayor to execute the contract. BID OPENING SPECIFICATION NUMBER: 13-01 PROJECT TITLE: 2020 & 2100 Hoover Avenue Remediation and Site Demolition TIME: 3:00 P.M. DATE: WEDNESDAY, January 22, 2014 ESTIMATE: $1,253,000.00 PROJECT ENGINEER: STEPHEN MANGANIELLO NO. BIDDER'S NAME BID AMOUNT ADDENDA STD SECURITY 1. Clauss Construction 8956 Winter Gardens Blvd. Lakeside, CA 92040 $858,609.00 1-4 Bond 2. West -Tech Contracting, Inc. 568 N. Tulip Street Escondido, CA 92025 $863,435.98 1-4 Bond 3. Whillock Contracting, Inc. P.O. Box 2322 La Mesa, CA 91943 $907,817.50 1-4 Bond 4. NCM Demolition and Remediation 404 North Berry Street Brea, CA 92821 $1,050,800.00 1-4 Bond 5. Aman Environmental Construction 614E.EdnaPlace Covina, CA 91723 81,498,913.00 1-4 Bond 2020 AND 2100 HOOVER AVENUE REMEDIATION & SITE DEMOLITION Specification No.13-01 Clauss Construction West -Tech Whillock Contracting, Inc. Item No. Description (S) indicates Specialty Item Unit Qty. Unit Price Extension (Quantity x Unit Price) Unit Price Extension (Quantity x Unit Price) Unit Price Extension (Quanti•--- Unit Pri AS B D,;.ha5e 2100 ..I. 4 ` �t(. (45VBfAdri B and arcel" Ne3E`o Paradise 003 y ti p, � _ � ) „• _ _,. 1 Mobilization/Demobilization LS 1 $ 15,000.00 $ 15,000.00 $ 14,853.44 $ 14,853.44 $ 17,083.00 $ 17,083.00 2 SWPPP LS 1 $ 2,000.00 $ 2,000.00 $ 31,275.86 $ 31,275.86 $ 28,809.00 $ 28,809.00 3(5) (Building Remove and dispose of all lead paint and asbestos from the Equipment Maintenance Building 200) LS 1 $ 101,400.00 $101,400.00 $109,999.57 $109,999.57 $ 50,429.00 $ 50,429.00 4 Demolish, remove and dispose of Building 200 and its foundation LS 1 $ 37,575.00 $ 37,575.00 $ 32,671.11 $ 32,671.11 $ 61,972.00 $ 61,972.00 5 Demolish, remove and dispose of hydraulic lift foundations at Building 200 LS 1 $ 1,250.00 $ 1,250.00 $ 7,369.60 $ 7,369.60 $ 2,568.00 $ 2,568.00 6(5) Excavate, stockpile, categorize, remove and dispose of contaminated soil at the previous vehicle lift location and dispose of at the Otay Landfill, California (AOC-01) TON 115 $ 140.00 $ 16,100.00 $ 199.17 $ 22,904.55 $ 112.00 $ 12,880.00 7(5) Excavate, stockpile, categorize, remove and dispose of contaminated soil at the previous vehicle lift location and dispose of at the Copper Mountain Landfill, Arizona (AOC-01) TON 115 $ 161.00 $ 18,515.00 $ 254.21 $ 29,234.15 $ 127.00 $ 14,605.00 8(S) Excavate, stockpile, categorize, remove and dispose of contaminated soil at the previous vehicle lift location and dispose of at the U.S. Ecology Landfill, Nevada (AOC-01) TON 115 $ 357.00 $ 41,055.00 $ 87.47 $ 10,059.05 $ 287.50 $ 33,062.50 9 import, mix, made ana compact unclassified fill at the previous lift location CY 200 $ 40.63 $ 8,126.00 $ 20.20 $ 4,040.00 $ 32.00 $ 6,400.00 10 Excavation, mix, replace and compact clean overburden at the previous vehicle lift location CY 300 $ 12.16 $ 3,648.00 $ 5.07 $ 1,521.00 $ 56.90 $ 17,070.00 11 Dewatering of hydraulic lift/contaminated soil remediation excavation LS 1 $ 21,000.00 $ 21,000.00 $ - $ - $ 10,150.00 $ 10,150.00 12(S) Excavate, stockpile, categorize, remove and dispose of contaminated soil on the parcel West of Paradise Creek to the Otay Landfill, California (AOC-05) CY 200 $ 160.00 $ 32,000.00 $ 84.09 $ 16,818.00 $ 141.00 $ 28,200.00 13(S) Excavate, stockpile, categonze, remove and dispose of contaminated soil on the parcel West of Paradise Creek to the Copper Mountain Landfill, Arizona (AOC-05) CY 200 $ 172.50 $ 34,500.00 $ 107.33 $ 21,466.00 $ 164.00 $ 32,800.00 14(S) Excavate, stockpile, categorize, remove and dispose of contaminated soil on the parcel West of Paradise Creek to the U.S. Landfill, Nevada (AOC-05) CY 200 $ 530.00 $106,000.00 $ 131.21 $ 26,242.00 $ 373.00 $ 74,600.00 ,Ecoigy BASE BID`-Phase,2:(2020 to vo erA ev nuef tt ', 15 Mobilization/Demobilization L LS 1 $ 13,000.00 $ 13,000.00 $ - $ - $ 2,962.00 $ 2,962.00 16 SWPPP LS 1 $ 10,000.00 $ 10,000.00 $ 16,297.55 $ 16,297.55 $ 15,558.00 $ 15,558.00 17(S) Remove and dispose of all lead paint and asbestos from all buildings at 2020 Hoover Avenue. LS 1 $ 31,000.00 $ 31,000.00 $156,094.89 $156,094.89 $ 14,393.00 $ 14,393.00 18 Clearing and Grubbing 2020 Hoover Avenue LS 1 $ 102,100.00 $102,100.00 $109,485.06 $ 109,485.06 $ 75,760.00 $ 75,760.00 19 Rough grade site tor even and straight sheet drainage across site at 2020 Hoover Avenue. LS 1 $ 20,000.00 $ 20,000.00 $ 3,032.30 $ 3,032.30 $ 10,938.00 $ 10,938.00 OS:8TO. . se ( 0.;,.. y rXveraue $k r x a: � ; ' ='; $ - 20 Mobilization/Demobilization LS 1 $ 13,000.00 $ 13,000.00 $ - $ - $ 3,604.00 $ 3,604.00 21 SWPPP LS 1 $ 10,000.00 $ 10,000.00 $ 23,317.04 $ 23,317.04 $ 18,640.00 $ 18,640.00 22 Zleanng and Grubbing the remainder of 2100 Hoover Avenue LS 1 $ 164,000.00 $164,000.00 $196,627.65 $196,627.65 $ 305,673.00 $ 305,673.00 23 Rough grade site for even and straight sheet drainage across site at 2100 Hoover Avenue. LS 1 $ 20,000.00 $ 20,000.00 $ 10,756.16 $ 10,756.16 $ 37,652.00 $ 37,652.00 BASe"Bl�? o, as a feeds ii g erg r...�.. _ r :, �: ,. ,... s; :X . `' i . `. 24 Excavate, stockpile, categorize, remove and dispose of miscellaneous contaminated soil as directed by the Engineer to Otay Landfill, Chula Vista, CA CY 50 $ 155.00 $ 7,750.00 $ 56.06 $ 2,803.00 $ 124.00 $ 6,200.00 25 Excavate, stockpile, categorize, remove and dispose of miscellaneous contaminated soil as directed by the Engineer to Copper Mountain Landfill, Arizona CY 50 $ 171.00 $ 8,550.00 $ 71.55 $ 3,577.50 $ 141.00 $ 7,050.00 26 Excavate, stockpile, categorize, remove and dispose of miscellaneous contaminated soil as directed by the Engineer to US Ecology Landfill, Nevada CY 50 $ 370.00 $ 18,500.00 $ 87.47 $ 4,373.50 $ 335.00 $ 16,750.00 27 Install and maintain temporary security fencing and gates LF per Month 1,600 $ 0.65 $ 1,040.00 $ 5.38 $ 8,608.00 $ 0.19 $ 304.00 28 Removal of temporary security fencing and gates LS 1 $ 1,500.00 $ 1,500.00 $ - $ - $ 1,705.00 $ 1,705.00 BASE BID TOTAL $858,609.00 $863,426.98 $907,817.50 RESOLUTION NO. 2013 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO CLAUSS CONSTRUCTION IN THE NOT TO EXCEED AMOUNT OF $858,609 FOR THE 2020 AND 2100 HOOVER AVENUE REMEDIATION AND SITE DEMOLITION PROJECT, AUTHORIZING A 25% CONTINGENCY IN THE AMOUNT OF $214,652.25 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 January 22, 2014, did publicly open, examine, and declare five sealed bids for the 2020 and 2100 Hoover Avenue Remediation and Site Demolition Project ("Project"); and WHEREAS, Clauss Construction was the lowest responsive bidder with a proposed bid amount of $858,609; and WHEREAS, a 25% contingency amount up to $214,652.25 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 2020 and 2100 Hoover Avenue Remediation and Site Demolition Project to the lowest responsive, responsible bidder, to wit: CLAUSS CONSTRUCTION BE IT FURTHER RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute on behalf of the City a contract in the amount of $858,609 with Clauss Construction for the 2020 and 2100 Hoover Avenue Remediation and Site Demolition Project. Said contract is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the City Council hereby authorizes a 25% contingency amount up to $214,652.25 for unforeseen changes to the Project. PASSED and ADOPTED this 4th day of February, 2014. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CALIFORNIA NATION CIi r `- XNCORPOR(Af r1 October 29, 2012 REVIEW AND APPROVAL OF CONTRACT DOCUMENTS FORM c.� PROJECT: 2020 AND 2100 HOOVER AVENUE REMEDIATION & SITE DEMOLITION ENGINEERING SPECS. 13-01 AWARDING RESO. 2014-16 DATE: 02-4-14. CONTRACTOR: CLAUSS CONSTRUCTION TO: City Attorney The following original contract documents are submitted for your review and approval: 1. 3 Originals of Contract Agreement 2. 1 Copies of Performance Bond 3. 1 Copies of Payment Bond 4. _1 Copies of Certificates of Insurance If these documents are satisfactory, please forward them along with this form to the Mayor for his signature. COMMENTS: Completed ( ) ******************************************************************************** TO: Office of the Mayor The attached original contract documents have been reviewed and approved by the City Attorney. Please sign all three copies of the contract, and forward all of the contract documents along with this form to the office of the City Clerk. Completed ( ) ******************************************************************************** TO: Office of the City Clerk The attached original contract documents have been approved by the City Attorney and the Mayor. Please distribute them. 1. 1 Original copy to your file. 2. 1 Copy to the contractor 3. 1 Copy to the Engineering Department. Please release the bid bonds of the unsuccessful bidders. Approved by: Stephen Manganiello City Engineer Engineering Department 1243 National City Boulevard, National City, CA 91950-4301 619/336-4380 Fax 619/336-4397 www.nationalcityca.gov CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950 619-336-4228 phone / 619-336-4229 fax Michael R. Dalia, CMC - City Clerk CLAUSS CONSTRUCTION 2020 AND 2100 HOOVER AVENUE REMEDIATION & SITE DEMOLITION Judy Hernandez (Engineering) Forwarded Copy of Contract to Clauss Construction