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HomeMy WebLinkAbout2020 CON Next Stage Engineering and Construction - City Hall Ceiling Replacement Project, CIP No. 19-53OWNER - CONTRACTOR AGREEMENT CITY HALL CEILING REPLACEMENT PROJECT, CIP NO. 19-53 This Owner -Contractor Agreement ("Agreement") is made by and between the City of National City, 1243 National City Boulevard National City, California 91950 and Next Stage Engineering & Construction ("Contractor"), 516 W. Shaw Ave., Ste. 200, Fresno, CA 93704, on the 215t of January, 2020, for the construction of the above referenced Project. In consideration of the mutual covenants and agreements set forth herein, the Owner and Contractor have mutually agreed as follows: 1. CONSTRUCTION The Contractor agrees to do all the work and furnish all the labor, services, materials and equipment necessary to construct and complete the Project in a turn -key manner in accordance with this Agreement and all documents and plans referenced in Exhibit "A", (hereinafter "Contract Documents"), in compliance with all relevant Federal, State of California, County of San Diego and City of National City codes and regulations, and to the satisfaction of the Owner. 2. CONTRACT PRICE Owner hereby agrees to pay and the Contractor agrees to accept as full compensation for constructing the project in accordance with these Contract Documents in an amount not to exceed the contract price as set forth in Exhibit "B" attached hereto and incorporated herein by reference. Payments to the Contractor shall be made in the manner described in the Special Provisions. 3. TIME FOR PERFORMANCE Time is of the essence for this Agreement and the Contractor shall construct the project in every detail to a complete and turn -key fashion to the satisfaction of the Owner within the specified duration set forth in the Special Provisions. 4. NON-DISCRIMINATION In the performance of this Agreement, the Contractor shall not refuse or fail to hire or employ any qualified person, or bar or discharge from employment any person, or discriminate against any person, with respect to such person's compensation, terms, conditions or privileges of employment because of such person's race, religious status, sex or age. 5. AUTHORIZED OWNER REPRESENTATIVES On behalf of the Owner, the Project Manager designated at the pre -construction meeting shall be the Owner's authorized representative in the interpretation and enforcement of all Work performed in connection with this Agreement. 6. WORKERS' COMPENSATION INSURANCE a) By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement. b) The Contractor shall require each subcontractor to comply with the requirements of Section 3700 of the Labor Code. Before commencing any Work, the Contractor shall cause each subcontractor to execute the following certification: "I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement." 7. ENTIRE AGREEMENT; CONFLICT The Contract Documents comprise the entire agreement between the Owner and the Contractor with respect to the Work. In the event of conflict between the terms of this Agreement and the bid of the Contractor, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid conflicting herewith. 8. MAINTENANCE OF AGREEMENT DOCUMENTATION Contractor shall maintain all books, documents, papers, employee time sheets, accounting records and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by Owner and copies thereof shall be furnished to Owner if requested. 9. INDEPENDENT CONTRACTOR At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee, agent, partner or joint venturer of the Owner. Owner shall have the right to control Contractor insofar as the results of Contractor's services rendered pursuant to this Agreement; however, Owner shall not have the right to control the means by which Contractor accomplishes such services. 10. LICENSES AND PERMITS Contractor represents and declares to Owner that it has all licenses, permits, qualifications and approvals of whatever nature which are legally required to practice its profession. Contractor represents and warrants to Owner that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any licenses, permits, qualifications or approvals which are legally required for Contractor to practice its profession. 11. GOVERNING LAW, VENUE This Agreement and the Contract Documents shall be construed under and in accordance with the laws of the State of California, and the appropriate venue for any action or proceeding arising from this Agreement and/or the Contract Documents shall be had in the Superior Court of San Diego, Central Branch. 12. COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall for all purposes be deemed to be an original. 13. FALSE CLAIMS Contractor acknowledges that if a false claim is submitted to the Owner, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the Owner seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys' fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. I have read and understood all .f the provisions of this S: ction 15, above: nitial) EXHIBIT A CONTRACT DOCUMENTS Owner/Contractor Agreement Bid Schedule Addenda Plans Special Provisions (Specifications) San Diego County Regional Standard Drawings City of National City Standard Drawings Standard Specifications for Public Works Construction and Regional Supplements (Greenbook) State Standard Specifications State Standard Plans California Building, Mechanical, Plumbing and Electrical Codes Permits issued by jurisdictional regulatory agencies Electric, gas, and communications companies specifications and standards Sweetwater Authority specifications and standards Specifications, standards and requirements of MTS, BNSF, SANDAG, Port of San Diego and all other agencies that may be adjacent and/or affected by the project. EXHIBIT B CONTRACT PRICE (NOTE - TO BE COMPLETED TO CONFORM WITH BID SCHEDULE ITEMS) 14. AGREEMENT MODIFICATION This Agreement and the Contract Documents may not be modified orally or in any manner other than by an amendment in writing and signed by the Owner and the Contractor. IN WITNESS WHEREOF this Agreement is executed as of the date first written above. Owner: Alejandra Sotelo-Solis Mayor, City of National City APPROVED AS TO FORM: By: A il P. J is -Jones City At• " ey Contractor: Next Stage Engineering & Construction wner i `icer signature) Joe Munoz, Sr. Project Manager Prin (Owner/Officer signature bel Orozco, Managing Member Print name and title 434032 Contractor's City Business License No. 1033104, Class B General Building Contractor State Contractor's License No. and Class 516 W Shaw Ave, Suite 200 Business street address Fresno, CA 93704 City, State and Zip Code PARTNERSHIP CERTIFICATE STATE OF LaL,(v,..,) COUNTY OF So„ c.)171 n. ) ss On this l2._ day of tTa,,cay , 20 ao , before me, the undersigned, a Notary Public in and for said County and State, personally appeared: fihe L O gos -) .� MATT MCiLROY TYLER ,V Notary ?u�l c . California 7 r' j C: ,mission # 217.5591•• My Ccm^:. Exp es Dec 15. 2C20 zg` ‘4F" (Notary Seal) known to me to be PV m rc :i1 PI vn b c fE of the partners of the partnership that executed the with instrument, and acknowledged to me that such partnership executed the same. Signature: Name (Type or Print): %%gtr •(/oy C cr (Notary Public in and for said County and State) My Commission expires: Deec.AA6c/ /� ZoZU PREMIUM IS FOR CONTRACT TERM AND IS SUBJECT TO ADJUSTMENT BASED ON FINAL CONTRACT PRICE. PERFORMANCE BOND Premium: $12,054.00 Bond Number: 41425133 WHEREAS, the City Council of the City of National City, by Resolution No. 2020- , on the 21st day of January, 2020, has awarded Next Stage Engineering & Construction, hereinafter designated as the "Principal", the CITY HALL CEILING REPLACEMENT PROJECT, CIP NO. 19-53. 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 PLATTE RIVER INSURANCE COMPANY as surety, are held and firmly bound unto the City of National City, hereinafter called the "City", in the penal sum of Four Hundred and One Thousand, Eight Hundred ($401,800.001 awful 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, its officers, agents, employees, and volunteers 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. In the event suit is brought upon this bond by the City and judgment is recovered, the surety shall pay all costs incurred by the City 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 l5th day of January , 20 20 . (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) Principal Surety PLATTE RIVER INSURANCE COMPANY Next Stage Engineering & Construction ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Sacramento On Tan. 16' , 2 oib before me, S. Smith, Notary Public (insert name and title of the officer) personally appeared Ryan Tash who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) S. SMITH COMM. #2285964 z Notary Public - California o Sacramento County MLComm. Expires Apr_22, 2023 �ia?sit'a, �,♦s+i'e`+f��°e°+t's°e t: #tta9JJ,+,l fit#.#ftl+; f Sn#EJ 1# . ++###� 11 °e't�°t 1hJei'a+r� 4f'gr."r .iii`t !free' a'Jr t®,iS'`a. t+tf++r. ., #+�#}++. : +}+}++,, • +#1, u�"t#'i�##llu'i'il't�'ttu+t'#tui�#it'l is+tl : �►� • 1a� I fp PLATTE RIVER INSURANCE COMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, That the PLATTE RIVER INSURANCE COMPANY, a corporation of the State of Nebraska, having its principal offices in the City of Middleton, Wisconsin, does make, constitute and appoint --JOHN T. PAGE; RYAN TASH; SUSAN FOURNIER; STEPHANIE RAQUEL ARREOLA; MICHAEL BORG--- 41425134 its true and lawful Attorney(s)-in-fact, to make, execute, seal and deliver for and on its behalf, as surety, and as its act and deed, any and all bonds, undertakings and contracts of suretyship, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of WRITTEN INSTRUMENTS IN AN AMOUNT NOT TO EXCEED: $20,000,000.00 This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PLATTE RIVER INSURANCE COMPANY at a meeting duly called and held on the 8th day of January, 2002. "RESOLVED, that the President, Executive Vice President, Vice President, Secretary or Treasurer, acting individually or otherwise, be and they hereby are granted the power and, authorization to appoint by a Power of Attomey for the purposes only of executing and attesting bonds and undertakings; and other writings obligatory in the nature thereof, one or more resident vice-presidents, assistant secretaries and attomey(s)-in-fact, each appointee to have the powers and duties usual to such offices to the business of this company; the signature of such officers and seal of the Company may be affixed to any such power of attorney or to any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company, and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon, the Company in the future with respect to any bond or undertaking or other writing obligatory in the nature thereof to which it is attached. Any such appointment may be revoked, for cause, or without cause, by any of said officers, at any time." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner — Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. IN WITNESS WHEREOF, the PLATTE RIVER INSURANCE COMPANY has caused these presents to be signed by its officer undersigned and its corporate seal to be hereto affixed duly attested, this 3rd day of May, 2017. Attest: J. n E. Rzepinski Vice President, Treasurer & CFO Suzanne M. Broadbent Assistant Secretary STATE OF WI5CONSIN ' } "4:9/,* in RAsottaa\\\� COUNTY OF DANE S.S.nto 1Nsum PLATTE RIVER INSURANCE COMPANY \\\\\\\P\, PU11111111111111AN._ i/ # 447 GGPP• RATE Tom 72 = SEAL Stephen J. Sills CEO & President On the 3rd day of May, 2017 before me personally came Stephen J. Sills, tome known, who being by me duly sworn, did depose and say: that he resides in the County of New York, State of New York; that he is President of PLATTE RIVER INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. STATE OF WISCONSIN COUNTY OF DANE } Ss.: ND.1. REr,F% • Q:÷13TARj��;C 1114 David J. Regele Notary Public, Dane Co., WI My Commission Is Permanent I, the undersigned, duly elected to the office stated below, now the incumbent in PLATTE RIVER INSURANCE COMPANY, a Nebraska Corporation, authorized to make this certificate, DO HEREBY CERTIFY that the foregoing attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the Resolution of the Board of Directors, set forth in the Power of Attorney is now in force. " 1 Signed and sealed at the City of Middleton, State of Wisconsin this day of Let ri , 20" 2.0 I SEAL ; Antonio Celii General Counsel, Vice President & Seccretary THIS DOCUMENT IS NOT VALID UNLESS PRINTED ON GREEN SHADED BACKGROUND WITH A RED SERIAL NUMBER IN THE UPPER RIGHT HAND CORNER. IF YOU HAVE ANY QUESTIONS CONCERNING THE AUTHENTICITY OF THIS DOCUMENT CALL 800-475-4450. PR-POA (Rev. 10-2017) $# is } #,ttY�i# �„! rae .00 • ;,, i�. it PREMIUM IS FOR CONTRACT TERM AND IS SUBJECT TO ADJUSTMENT BASED ON FINAL CONTRACT PRICE. PAYMENT BOND Premium Included in Performance Bond Bond Number: 41425133 WHEREAS, the City Council of the City of National City, by Resolution No. 2020- , on the 21st day of January, 2020, has awarded Next Stage Engineering & Construction, hereinafter designated as the "Principal", the CITY HALL CEILING REPLACEMENT PROJECT, CIP NO. 19-53 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 PLATTE RIVER INSURANCE COMPANY as surety, are held and firmly bound unto the City of National City, hereinafter called the "City", in the penal sum of Four Hundred and One Thousand, Eight Hundred 1$401,800.00) 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. It is further stipulated and agreed that the Surety on this bond shalt not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement hereinabove described or pertaining or relating to the furnishing of labor, materials, or equipment therefore, not by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement hereinabove described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to 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 20 Ryan Tash (SEAL) (SEAL) (SEAL) Principal PLATTE RIVER INSURANCE COMPANY Next Stage Engineering & Construction (SEAL) (SEAL) (SEAL) Surety ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Sacramento On GI'). I �‘1` , %,OLD before me, S. Smith, Notary Public (insert name and title of the officer) personally appeared Ryan Tash who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies). and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) 1 SMITH 1 ,, .. COMM. #2285964 z ec 17 Notary Public • California z``�" Sacramento County My Comm. Expires Apr. 22, 2023 PLATTE RIVER INSURANCE COMPANY POWER OF ATTORNEY 41425133 KNOW ALL MEN BY THESE PRESENTS, That the PLATTE RIVER INSURANCE COMPANY, a corporation of the State of Nebraska, having its principal offices in the City of Middleton, Wisconsin, does make, constitute and appoint JOHN T. PAGE; RYAN TASH; SUSAN FOURNIER; STEPHANIE RAQUEL ARREOLA; MICHAEL BORG its true and lawful Attorney(s)-in-fact, to make, execute, seal and deliver for and on its behalf, as surety, and as its act and deed, any and all bonds, undertakings and contracts of suretyship, provided that no bond or undertaking orcontract of suretyship executed under this authority shall exceed in:amount the sum of WRITTEN INSTRUMENTS IN AN AMOUNT NOT TO EXCEED: $20,000,000.00 This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PLATTE RIVER INSURANCE COMPANY at a:meeting duly called and held on the 8th day of January, 2002. "RESOLVED, that the President; Executive Vice President, Vice President, Secretary or Treasurer, acting individually or otherwise, be and they hereby are granted the power and authorization to appoint by a Power of Attorney for the purposes only of executing and attesting bonds and, undertakings,: and other writings obligatory in the nature thereof, one or more resident vice-presidents, assistant secretaries and attorney(s)-in-fact, each appointee to have the powers and duties usual to such offices to the business of this company; the signature of such officers and seal of the Company may be affixed to any such power of attorney or to any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company, and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with <respect .to'any bond or undertaking or other writing obligatory in the nature thereof to which it is attached. Any such appointment may be revoked, for cause or without cause, by any of said officers, at any time." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner — Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. IN WITNESS WHEREOF, the PLATTE RIVER INSURANCE COMPANY has caused these presents to be signed by its officer undersigned and its corporate seal to be hereto affixed duly attested, this 3rd day of May, 2017. Attest: J n E. Rzepinski Vice President, Treasurer & CFO Suzanne M. Broadbent Assistant Secretary STATE OF WISCONSIN S. COUNTY OF DANE �D\1 p\NSURAN� U�Ohy hQ OORPORATE cp*o':: �ti 9 C�j A T a {J 1 11111114sss s11tlPh�pA�O�°�-' Stephen J. Sills CEO & President On the 3rd day of May, 2017 before me personally came Stephen J. Sills, to me known, who being by me duly sworn, did depose and say: that he resides in the County of New York, State of New York; that he is President of PLATTE RIVER INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. ,gyp J. RED+,'''. T cep David J. Regele STATE OF WISCONSIN Notary Public, Dane Co., WI S.S.: o„mwmimw COUNTY OF DANE My Commission Is Permanent I, the undersigned, duly elected to the office stated below, now the incumbent in PLATTE RIVER INSURANCE COMPANY, a Nebraska Corporation, authorized to make this certificate, DO HEREBY CERTIFY that the foregoing attached Power of Attorney remains in full force and has not been revoked;; and furthermore, that the Resolution of the Board of Directors; set forth in the Power of Attorney is now in force. Signed and sealed at the City of Middleton, State of Wisconsin this 5 day of SAYI Jc rli 20 . Antonio Celii General Counsel, Vice President & Seccretary THIS DOCUMENT IS NOT VALID UNLESS PRINTED ON GREEN SHADED BACKGROUND WITH A RED SERIAL NUMBER IN THE UPPER RIGHT HAND CORNER. IFYOU HAVE ANY QUESTIONS CONCERNING THE AUTHENTICITY OF THIS DOCUMENT CALL 800-475-4450. PR-POA (Rev. 10-2017) ACC0REY CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/TYYY) 01 /15/2020 THIS CERTIFICATE IS ISSUED AS A NATTIER OF INFORMATION ONLY AND CONFERS NO F5GHT3 UPON THE CERTIFICATE HOLOEFt. 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 INSURERIS). AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: If die certificate holder is an ADDITIONAL INSURED, the policyfies) must be endorser!. It SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, cerr en policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endtarsertientlt)- PRTRAJCER KITTY UHRICH MAYER 1422 4TH STREET, SUITE C SANTA ROSA, CA 95404 LIC# DC21312. ItNS11RED NEXT STAGE ENGINEERING 516 W SHAW AVE. SUITE 200 FRESNO. CA 93704 ca,1TAC SAME NATALIE BEII-1___ .1Act,. Ftv.Ens•'7OT-,i23-4QQQ EA DRESS, WATALIECICITTYMAYERCOM IFAX ntsURERM AAFc' DIND COVERAGE MSC I INSURER A : State Farm Getue. al I sta1 or..e Con ' INSURER a: State fare 1181.0.01 AuTORTO OO ITRuranat Company INSURER C: NTStRPR 0 ROAM E : 25171 • REVISION NUMBER-. ..Uv L-ru,vi.i THIS IS TO COMFY THAT INDICATED. NOTWITHSTANDING CERTIFICATE MAY BE ISSUED EXCLUSIONS AND CONOTH ......,.....+...-.... THE OLIC1ES OF INSURANCE ANY REQUIREMENT, OR MAY PERTAIN, NS OF SUCH POLICIES. ,.�.-..1...�.„ LISTED BELOW HAVE BEEN 1S,SJCD TO THE INSURED lurVJED ABOVE FOR THE POLICY PERrOD TERM OR CONDITION OF ANY CONTRACT OR OTHER IX./OLUMENT WITH RESPECT TO tM1ICH THIS THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TEPAts, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CRT I TYPE OF INSURANCE iNU4l , n swum WY0 MUM NRINEIER L'Y LLMW09r1 YrO POLICY elm YY tN in-rrn umrs GENERAL LIABAJTY y �I 9T-EC-1449Z 7 PR►2112U19 06il1I2 i20 EAertfJCCaRIRENGi s 7,oo BOO. A f tAL tfNFi__ UABllti! t—ql PF Il15E5 LEA E S �.040 XC+ ■■ reirarstr cc [LC I Ot:CUHe. • EXP IAD/ max Ferman/ : 10.00O PERSONAL RAIN 1uuFrY $ 2,000.040 ■ ■ CosicriALArARECATE ; 4.C40.000 BE'4'L AGGREGATE UNIT AwPPUES PER FRODD}1JCSS-CONTRIDPAm S 4,000,000 s —! smcy j X T T1 LOC I AUTDMU8NL1: L,irSii0.TfY Z' 4$3�`15-05 Cf9f1Gf2U19 p9Jitit2dZr1 EDSIBINIZ SINGLE I.tcT ,. 2,090,400 IExactitlerA) s ' Air AUTO GODLY MIRY (Pw pasarq $ LILY INJURY (i`t~ asOciare? $ ,. •-. ALL OWNED _SO1E0WD AUTO NJ7C:5 DAVAG5X ,Piv rrziileret .. _. - HIRED AUTOB4ItTOS Hr•1Ci'I.Owl1EC7PRftPEKTY UNWELL,. VAS ( ("4C1 I L ` 1.. EAC4OCCURS:Res 5 ..�.-.i EXCESS 1IAa (aAINrSA4+t7F .^.I.( 11 A'GGRECATE EEt3 I II T-NT OH _ 1 5 A. WORKERS COMPERSATIQA1 WOSTAI'UJ- 1 1arsl-t TORY uTCT* FR AND EMPLOYERS' LIABLIABILITYl ANYPnCF4tE-OR�PARTYFR,FxECr-ItJb'E z> : 5RiEms x"tcJf (pcomortary. MN; LITY N1AII 97-EC-N702-5 0432112095 010113020 E.L.E)O AOODELT 5 1.044.400 �7/N'j ENJ y E.L CLSFASE - EAEMPLOYEE S 1,13U0,030 ..... £.t, CISEA&F - POLICY LAW 5 1-04Y1,0I30 it its, d c-sitr_• iartte ❑�i 1 .. oESGRIPTJOI oF oFENATNINS I LOCATIONS 1 VENCLES }attach ACc 0 tO1, Atl J . ai Rrnsarks Settrade, k .or. spars K mqutnAJ FORM FE-6 09 SECTION II -ADDITIONAL INSURED ENDORSEMENT IS ATTACHED TO THE POLICY NAMING THE CITY OP NATIONAL CITY, ITS ELECTED OFFICIALS, OFFICERS. AGENTS AND EMPLOYEES, CIO RISK MANAGER, 1243 NATIONAL CITY BLVD., NATICOt4AL CITY. CA 01950.4301 LOCATION: THROUGHOUT UT THE CITY OF NATIONAL CITY CERTIFICATE HOLDER CANCELLATION CITY OF NATIONAL CITY CIQ RISK MANAGER 1243 NATIONAL CITY BLVD. NATIONAL CITY, CA 919& -4301 SHOULD ANY OF THE ABOVE OE.%CR1BED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE W(rH THE POLICY PitOVIS1OMS. C7110(11-4114 ACORD 25 (2010t05) r 19S8-20.10 *CORD CORPORATION. All rights reserved. The ACC)RD name and logo are registered marks of AC0:ftO 1001436 1328496 11.15.2010 Policy No.: 05-2134-BUS FE-ECI9 SECTION 11 ADDITIONAL INSURED ENDORSEMENT Policy No.: 05-2134-BUS Named Insured: NEXT STAGE ENGINEERING 516 W SHAW AVE, SUITE 200 FRESNO, CA 93704 Additional Insured (include address): THE CITY OF NATIONAL CITY, IT'S ELECTED OFFICIALS, OFFICERS, AGENTS, AND EMPLOYEES. CIO RISK MANAGER 1243 NATIONAL CITY BLVD. NATIONAL CITY, CA 91950-4301 WHO IS AN INSURED, under SECTION II DESIGNATION OF INSURED, is amended to include as an insured the Additional Insured shown above. but only to the extent that liability is imposed on that Additional Insured solely because of your work performed for that Additional Insured shown above. Any insurance provided to the Additional Insured shall only apply with respect to a claim made or a suit brought for damages for which you are provided coverage. The Primary Insurance coverage below applies only when there is an "X" in the box. Primary Insurance. The insurance provided to the Additional Insured shown above shall be primary insurance. Any insurance carried by the Additional Insured shall be noncontributory with respect to coverage provided to you. All other policy provisions apply. FE-6E09 Printed in U S,A. :::: CMP-4787 Page 1 :Al THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CMP-4787 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SCHEDULE Policy Number:- 97-EC-N702-5 Named Insured: NEXT STAGE ENGINEERING 516 W SHAW AVE, SUITE 200 FRESNO, CA 93704 Name And Address Of Person Or Organization: CITY OF NATIONAL CITY, ITS ELECTED OFFICIALS, OFFICERS, AGENTS, AND EMPLOYEES CIO RISK MANAGER 1243 NATIONAL CITY BLVD. NATIONAL CITY, CA 91950-4301 The following is added to Paragraph 10.b. of SECTION I AND SECTION II — COMMON POLICY CONDITIONS: We waive any right of recovery we may have against the person or organization shown in the Schedule because of payments we make for injury or damage arising out of: a. Your ongoing operations; or b. "Your work" done under contract with that person or organization and included in the "products - completed operations hazard". This waiver applies only to the person or organization shown in the Schedule. All other policy provisions apply. CMP-4787 fE, Copyright, State Farm Mutual Automobile insurance Company, 2008 Includes copyrighted material of Insurance Services office, Inc., with its permission. Policy No_ 97-EC-N-492-7 CUP-3860 Pace1 or 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY CMP-4860 ADDITIONAL INSURED — DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SCHEDULE Policy Number 97-EC-N492-7 Named Insured: NEXT STAGE ENGINEERING 516 W SHAW AVE„ SUITE 200 FRESNO, CA 93704 Name And Address Of Additional Insured Person Or Organization THE CITY OF NATIONAL CITY, ITS ELECTED OFFICIALS, OFFICERS, AGENTS AND EMPLOYEES C!O RISK MANAGER 1243 NATIONAL CITY BLVD. NATIONA CITY, CA 91950-4301 1. SECTION II — WHO IS AN INSURED of SECTION II — UABILITY is amended to include, as an additional insured, any person or organization shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: a. Premises And Ongoing Operations Your acts or omissions or the acts or omissions of those acting on your behalf: (1) In connection with your premises; or (2) In the performance of your ongoing operations; or b. Products -Completed Operations "Your work" performed for that additional insured and included in the "products -completed operations hazard". 2. Any insurance provided to the additional insured shall only apply with respect to a claim made or a "suit" brought for damages for which you are provided coverage. 3. Primary Insurance. The insurance afforded the additional insured shall be primary insurance. Any insurance carried by the additional insured shall be noncontributory with respect to coverage provided by you. There will be no refund of premium in the event this endorsement is cancelled. All other policy provisions apply. CMP-4980 0 , Copyright, State farm Mutual Automobile Insurance Company, 2008 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 1006243 137750 1 11.25201 Policy No.: 433 6804-C16-05 F E4EG9 SECTION II ADDITIONAL INSURED ENDORSEMENT Policy No.: 433 6804-C16-05 Named Insured: NEXT STAGE ENGINEERING 516 W SHAW AVE, SUITE 200 FRESNO, CA 93704 Additional Insured (include address): THE CITY OF NATIONAL CITY, IT'S ELECTED OFFICIALS, OFFICERS, AGENTS, AND EMPLOYEES. CIO RISK MANAGER 1243 NATIONAL CITY BLVD. NATIONAL CITY, CA 91950-4301 WHO IS AN INSURED, under SECTION II DESIGNATION OF INSURED, is amended to include as an insured the Additional Insured shown above, but only to the extent that liability is imposed on that Additional Insured solely because of your work performed for that Additional Insured shown above. Any insurance provided to the Additional Insured shall only apply with respect to a claim made or a suit brought for damages for which you are provided coverage. The Primary Insurance coverage below applies only when there is an "X" in the box. 0 Primary insurance. The insurance provided to the Additional Insured shown above shall be primary insurance. Any insurance carried by the Additional Insured shall be noncontributory with respect to coverage provided to you. All other policy provisions apply. F E. 609 Printed in U S.A. RESOLUTION NO. 2020 — 04 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, 1) AWARDING A CONTRACT TO NEXT STAGE ENGINEERING IN THE NOT -TO - EXCEED AMOUNT OF $401,800 FOR THE CITY HALL CEILING REPLACEMENT PROJECT, CIP NO. 19-53; 2) AUTHORIZING A 15% CONTINGENCY IN THE AMOUNT OF $60,270 FOR ANY UNFORESEEN CHANGES; AND 3) AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT WHEREAS, the City Hall Ceiling Replacement Project will consist of the removal and replacement of the existing ceiling grid and tiles on the 2nd, 1st, and basement floors of City Hall, updated light fixtures, HVAC registers and fire suppression sprinkler modifications as necessary, to tie into the new ceiling system; and WHEREAS, at the 10:00 a.m. deadline on December 19, 2019, two (2) bids were received electronically by the Engineering Department for the City Hall Ceiling Replacement Project; and WHEREAS, Next Stage Engineering, was the lowest responsive bidder qualified to perform the work as described in the project specifications with a total bid amount of $401,800; and WHEREAS, a 15% contingency amount up to $60,270 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 City Hall Ceiling Replacement Project, CIP No. 19-53, to the lowest responsive, responsible bidder, to wit: NEXT STAGE ENGINEERING BE IT FURTHER RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute on behalf of the City a contract in the amount of $401,800 with Next Stage Engineering for the City Hall Ceiling Replacement Project. Said contract is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the City Council authorizes a 15% contingency in the amount of up to $60,270.00 for any unforeseen changes. PASSED and ADOPTED this 21st day of January, 2020 Alejandra Sotelo-Solis, Mayor ATTEST: isti Michael R. Dalla, City Clerk APPROVED AS TO FORM: or -Jones ttorney Passed and adopted by the Council of the City of National City, California, on January 21, 2020 by the following vote, to -wit: Ayes: Councilmembers Cano, Morrison, Quintero, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: ALEJANDRA SOTELO-SOLIS Mayor of the City of National City, California MICHAEL R. DALLA City Clerk of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2020-4 of the City of National City, California, passed and adopted by the Council of said City on January 21, 2020. City Clerk of the City of National City, California By: CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT LJ 2iaU U ETING DATE: January 21, 2020 AGENDA ITEM NO.12 ITEM TITLE: Resolution of the City Council of the City of National City, 1) awarding a contract to Next Stage Engineering in the not -to -exceed amount of $401,800 for the City Hall Ceiling Replacement Project, CIP No. 19-53; 2) authorizing a 15% contingency in the amount of $60,270 for any unforeseen changes; and 3) authorizing the Mayor to execute the contract. PREPARED BY: Luca Zappiello, Assistant Engineer - Civil d�. PHONE: 619-336-4360 EXPLANATION: See attached. DEPARTMENT: Engine ng/Public Works APPROVED BY: IANCIAL STATEMENT: ACCOUNT NO. Contract Award - $401,800 Expenditure Account No. 001-409-500-598-1500 (Facility Upgrades) — 15% Contingency — $60,270 Expenditure Account No. 001-409-500-598-1500 (Facility Upgrades) — Funds are appropriated in the above accounts. ENVIRONMENTAL REVIEW: Categorical Exemption under CEQA Guidelines. ORDINANCE: INTRODUCTION: r 1 FINAL ADOPTION: APPROVED: APPROVED: $401,800 $60,270 A / �inance MIS STAFF RECOMMENDATION: Adopt Resolution awarding a contract to Next Stage Engineering in the not -to -exceed amount of $401,800 for the City Hall Ceiling Replacement Project, CIP No. 19-53. BOARD / COMMISSION RECOMMENDATION: N/A 'TACHMENTS: 1. Explanation 2. Bid Opening Summary 3. Three Lowest Bidders Summary 4. Owner -Contract Agreement 5. Resolution sO/L SOti, 'Yt o- as a 0 - `f EXPLANATION The City Hall Ceiling Replacement Project will consist of the removal and replacement of the existing ceiling grid and tiles on the 2nd, 1st, and basement floors of City Hall. The project will also provide new updated light fixtures, HVAC registers and fire suppression sprinkler modifications as necessary, to tie into the new ceiling system. On December 5, 2019, the bid solicitation was posted on PlanetBids, a free public electronic bidding system for contractors. On December 9, 2019 and December 11, 2019, the bid solicitation was advertised in local newspapers. On December 19, 2019, two (2) bids were received by the 10:00 a.m. deadline. Next Stage Engineering was the apparent lowest bidder with a total bid amount of $401,800. Upon review of all documents submitted, Next Stage Engineering's bid was deemed responsive, and they are the lowest responsible bidder qualified to perform the work as described in the project specifications. Staff recommends awarding a contract to Next Stage Engineering in the not to exceed amount of $401,800 and to authorize a 15% contingency in the amount of $60,270 to address any unforeseen conditions that may arise. Attached are the bid opening summary sheet and a line item summary of the three lowest bidders for reference. Also attached is the Owner -Contractor Agreement. Construction is estimated to be completed by April 2020. Updates will be provided on the City's CIP website at: nationalcityprojects.com. -1- BID OPENING SUMMARY NAME: CITY HALL CEILING REPLACEMENT PROJECT CIP NO: 19-53 DATE: Thursday, December 19, 2019 TIME: 10:00 A.M. ESTIMATE: $450,000.00 PROJECT ENGINEER: Roberto Yano, P.E. NO. BIDDER'S NAME BID AMOUNT ADDENDA #1,2 BID SECURITY -BOND 1. Next Stage Engineering 516 W Shaw Avenue, Suite 200 Fresno, CA 93704 $401,800.00 Yes Bond 2. Conan Construction Inc. 5937 Darwin Court Suite 103 Carlsbad, CA 92008 $436,996.00 Yes Bond -2- Bid Results for City Hall Ceiling Replacement Project (CIP No. 19-53) Item Description Unit Qty. Next Stage Engineering Inc. Conan Construction, Inc. Base Bid 1 -5,192 square feet (SF) Removal of existing ceiling grid; lighting; and HVAC registers and replacing ceiling system (grid &tile); lighting, and HVAC registers. This work can be performed during normal business hours LS 1 $196,800.00 $196,800.00 $322,319.00 . :, $322,319.00 2 -1364 square feet (SF) Removal of existing ceiling grid; lighting; and HVAC registers and replacing ceiling system (grid & tile); lighting, and HVAC registers. This work will need to be performed during off hours as described in the scope of work LS 1 $82,000.00 $82,000.00 $84,677.00. ."." ...$84;677.00 3 — 1,244 square feet (SF) of replacing old ceiling tiles with new ones (occurs in basement only) LS 1 $49,200.00 $49,200.00 $15,000.00 . " ..$15,:000.00 . 4 Provide fire watch 24 hours a day for 7 days a week while the ceiling grid and tile work is occurring LS 1 $73,800.00 $73,800.00 . $15,000.00 $15;000..00 Sub Total $401,800.00 $436,996.00 -3- OWNER - CONTRACTOR AGREEMENT CITY HALL CEILING REPLACEMENT PROJECT, CIP NO. 19-53 This Owner -Contractor Agreement ("Agreement") is made by and between the City of National City, 1243 National City Boulevard National City, California 91950 and Next Stage Engineering & Construction ("Contractor"), 516 W. Shaw Ave., Ste. 200, Fresno, CA 93704, on the 21st of January, 2020, for the construction of the above referenced Project. In consideration of the mutual covenants and agreements set forth herein, the Owner and Contractor have mutually agreed as follows: 1. CONSTRUCTION The Contractor agrees to do all the work and furnish all the labor, services, materials and equipment necessary to construct and complete the Project in a turn -key manner in accordance with this Agreement and all documents and plans referenced in Exhibit "A", (hereinafter "Contract Documents"), in compliance with all relevant Federal, State of California, County of San Diego and City of National City codes and regulations, and to the satisfaction of the Owner. 2. CONTRACT PRICE Owner hereby agrees to pay and the Contractor agrees to accept as full compensation for constructing the project in accordance with these Contract Documents in an amount not to exceed the contract price as set forth in Exhibit "B" attached hereto and incorporated herein by reference. Payments to the Contractor shall be made in the manner described in the Special Provisions. 3. TIME FOR PERFORMANCE Time is of the essence for this Agreement and the Contractor shall construct the project in every detail to a complete and turn -key fashion to the satisfaction of the Owner within the specified duration set forth in the Special Provisions. 4. NON-DISCRIMINATION In the performance of this Agreement, the Contractor shall not refuse or fail to hire or employ any qualified person, or bar or discharge from employment any person, or discriminate against any person, with respect to such person's compensation, terms, conditions or privileges of employment because of such person's race, religious status, sex or age. -4- 5. AUTHORIZED OWNER REPRESENTATIVES On behalf of the Owner, the Project Manager designated at the pre -construction meeting shall be the Owner's authorized representative in the interpretation and enforcement of all Work performed in connection with this Agreement. 6. WORKERS' COMPENSATION INSURANCE a) By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement. b) The Contractor shall require each subcontractor to comply with the requirements of Section 3700 of the Labor Code. Before commencing any Work, the Contractor shall cause each subcontractor to execute the following certification: "I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement." 7. ENTIRE AGREEMENT; CONFLICT The Contract Documents comprise the entire agreement between the Owner and the Contractor with respect to the Work. In the event of conflict between the terms of this Agreement and the bid of the Contractor, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid conflicting herewith. 8. MAINTENANCE OF AGREEMENT DOCUMENTATION Contractor shall maintain all books, documents, papers, employee time sheets, accounting records and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by Owner and copies thereof shall be furnished to Owner if requested. 9. INDEPENDENT CONTRACTOR At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee, agent, partner or joint venturer of the Owner. -5- • Owner shall have the right to control Contractor insofar as the results of Contractor's services rendered pursuant to this Agreement; however, Owner shall not have the right to control the means by which Contractor accomplishes such services. 10. LICENSES AND PERMITS Contractor represents and declares to Owner that it has all licenses, permits, qualifications and approvals of whatever nature which are legally required to practice its profession. Contractor represents and warrants to Owner that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any licenses, permits, qualifications or approvals which are legally required for Contractor to practice its profession. 11. GOVERNING LAW, VENUE This Agreement and the Contract Documents shall be construed under and in accordance with the laws of the State of California, and the appropriate venue for any action or proceeding arising from this Agreement and/or the Contract Documents shall be had in the Superior Court of San Diego, Central Branch. 12. COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall for all purposes be deemed to be an original. 13. FALSE CLAIMS Contractor acknowledges that if a false claim is submitted to the Owner, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the Owner seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys' fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. I have read and understood all .f the provisions of this S: ction 15, above: nitial) -6- 14. AGREEMENT MODIFICATION This Agreement and the Contract Documents may not be modified orally or in any manner other than by an amendment in writing and signed by the Owner and the Contractor. IN WITNESS WHEREOF this Agreement is executed as of the date first written above. Owner: Contractor: Next Stage Engineering & Construction Alejandra Sotelo-Solis Mayor, City of National City APPROVED AS TO FORM: By: Angil P. Morris -Jones City Attorney wner i' icer signature) Joe Munoz, Sr. Project Manager Prin a e and title (Owner/Officer signature Abel Orozco, Managing Member Print name and title 434032 Contractor's City Business License No. 1033104, Class B General Building Contractor State Contractor's License No. and Class 516 W Shaw Ave, Suite 200 Business street address Fresno, CA 93704 City, State and Zip Code -8- EXHIBIT A CONTRACT DOCUMENTS Owner/Contractor Agreement Bid Schedule Addenda Plans Special Provisions (Specifications) San Diego County Regional Standard Drawings City of National City Standard Drawings Standard Specifications for Public Works Construction and Regional Supplements (Greenbook) State Standard Specifications State Standard Plans California Building, Mechanical, Plumbing and Electrical Codes Permits issued by jurisdictional regulatory agencies Electric, gas, and communications companies specifications and standards Sweetwater Authority specifications and standards Specifications, standards and requirements of MTS, BNSF, SANDAG, Port of San Diego and all other agencies that may be adjacent and/or affected by the project. -9- EXHIBIT B CONTRACT PRICE (NOTE - TO BE COMPLETED TO CONFORM WITH BID SCHEDULE ITEMS) -10- CORPORATE CERTIFICATE I, certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that , who signed said contract on behalf of the Contractor, was then of said Corporation; that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers. I, certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that who signed said contract on behalf of the Contractor, was then of said Corporation; that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers. Corporate Seal: -11- PARTNERSHIP CERTIFICATE STATE OF LaG ) ss COUNTY OF Son „m ) On this /2._ day of jar? ua t y , 20 ;,o , before me, the undersigned, a Notary Public in and for said County and State, personally appeared: AloeL OgoSGv MATT MCI ROY TYI ER Notary Public -California z Sonoma :;ourtg , _ s Ccrornissicn # 2175591r ht Ccm^- Ex;irss Gzc 15, 2:2C �� (Notary Seal) known to me to be pn al ay:41 /ji cat b c f of the partners of the partnership that executed the with instrument, and acknowledged to me that such partnership executed the same. Signature: 12247 Name (Type or Print): /1, t-f- /164.4,5., Cyecr (Notary Public in and for said County and State) My Commission expires: D e cc,a 5 c / / 6) ZO ZU -12- RESOLUTION NO. 2020 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, 1) AWARDING A CONTRACT TO NEXT STAGE ENGINEERING IN THE NOT -TO - EXCEED AMOUNT OF $401,800 FOR THE CITY HALL CEILING REPLACEMENT PROJECT, CIP NO. 19-53; 2) AUTHORIZING A 15% CONTINGENCY IN THE AMOUNT OF $60,270 FOR ANY UNFORESEEN CHANGES; AND 3) AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT WHEREAS, the City Hall Ceiling Replacement Project will consist of the removal and replacement of the existing ceiling grid and tiles on the 2nd, 1st, and basement floors of City Hall, updated light fixtures, HVAC registers and fire suppression sprinkler modifications as necessary, to tie into the new ceiling system; and WHEREAS, at the 10:00 a.m. deadline on December 19, 2019, two (2) bids were received electronically by the Engineering Department for the City Hall Ceiling Replacement Project; and WHEREAS, Next Stage Engineering, was the lowest responsive bidder qualified to perform the work as described in the project specifications with a total bid amount of $401,800; and WHEREAS, a 15% contingency amount up to $60,270 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 City Hall Ceiling Replacement Project, CIP No. 19-53, to the lowest responsive, responsible bidder, to wit: Next Stage Engineering BE IT FURTHER RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute on behalf of the City a contract in the amount of $401,800 with Next Stage Engineering for the City Hall Ceiling Replacement Project. Said contract is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the City Council authorizes a 15% contingency in the amount of up to $60,270.00 for any unforeseen changes. PASSED and ADOPTED this 21st day of January, 2020 Alejandra Sotelo-Solis, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris Jones City Attorney \i�1RA7ED _° \ CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950-4397 619-336-4228 Michael R. Dalla, CMC - City Clerk NEXT STAGE ENGINEERING & CONSTRUCTION City Hall Ceiling Replacement Project, CIP No. 19-53 Judith Hernandez (Engineering/Public Works) forwarded a duplicate original Agreement to Next Stage Engineering & Construction.