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HomeMy WebLinkAbout2020 CON Basile Construction Inc. - P-1 Sewer Upsize Project for Sweetwater High School, CIP No. 19-43OWNER - CONTRACTOR AGREEMENT P-1 SEWER UPSIZE PROJECT FOR SWEETWATER HIGH SCHOOL, CIP NO. 19-43 This Owner -Contractor Agreement ("Agreement") is made by and between the City of National City, 1243 National City Boulevard National City, California 91950 and Basile Construction, Inc. ("Contractor"), 7952 Armour Street, San Diego, CA 92111, on the 2nd of June, 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 of the provisions of this Section 15, above: (Initial) (Initial) 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: An • i P orris-Jone City 'orney Contractor: Basile Construction, Inc. Owner/Officer signature) PAS tut,- frrt0er Print name and title (Second officer signature if a corporation) Print name and title Contractor's City Business License No. 4M\ z-y(/, State Contractor's License No. and Class \-( S - / MOu&1 TE1 Business street address CAYQ DIGrao, c/ 211 City, State and Zip Code 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) 1, Ails' P AS1 lE CORPORATE CERTIFICATE certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that A LUGK N-5AS ( , who signed said contract on behalf of the Contractor, was then () sly b�T 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, A-1, 1\J certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that /11US1&J VP Le , who signed said contract on behalf of the Contractor, was then SF 1 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: CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 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 C Di€a 1 On 1 Yf 2� l 5 before me,C�a,✓ l' ✓) Date personally appeared ce A/ tikN\re Insek e9,4 Name of Signer nd Title of the Officer who proved to me on the basis of satisfactory evidence to be the person(gwhose name►. is are subscribed to the within instrument and acknowled•ed to me thati'she/they executed the same 1 her/their authorized capacity(i)elt and that b her/their signatureeon the instrument the person or the entity upon behalf of which the person(Aacted, executed the instrument. C. A. MARTIN NOTARY PUBLIC - CALIFORNIA COMMISSION • 2305883 e SAN DIEGO COUNTY My Comm. Exp. September 19, 2023 Place Notary Seal and/or Stamp Above 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 offici. seal.Wit& moor, Signature OPTIONAL tary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — 0 Limited 0 General ❑ Individual 0 Attorney in Fact O Trustee 0 Guardian or Conservator O Other: Signer is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — 0 Limited 0 General ❑ Individual 0 Attorney in Fact ❑ Trustee 0 Guardian or Conservator ❑ Other: Signer is Representing: ©2018 National Notary Association STATE OF PARTNERSHIP CERTIFICATE ) ss COUNTY OF ) On this day of , 20 , 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: Issues in Triplicate PERFORMANCE BOND Bond No. 30097919 Premium: $13,154.00 Premium is for Contract Term and is subject to adjustment based on Final Contract Price. WHEREAS, the City Council of the City of National City, by Resolution No. 2020- , on the 2nd day of June, 2020, has awarded Basile Construction, Inc., hereinafter designated as the "Principal", the P-1 SEWER UPSIZE PROJECT FOR SWEETWATER HIGH SCHOOL, CIP NO. 19-43. WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract. NOW, THEREFORE, we, the Principal and Western Surety Company as surety, are held and firmly bound unto the City of National City, hereinafter called the "City", in the penal sum of One Million, Three Thousand Ninety Four, Two Hundred Ninety Two ($1,394,292.001 lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the above bounden Principal, his/her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said contract any alteration thereof made as therein provides, on his or their part, to be kept and performed at the time and in the amount therein specified, and in 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 20th day of May Basile Construction, Inc. ,20 20 Western Surety Company 42 (SEAL) (SEAL) (SEAL) [�I cep Brittany Aceves, Attorney -in -Fact (SEAL) Surety (SEAL) Principal Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Jeffrey W Cavignac, James P Schabarum II, Jase Hamilton, Brittany Aceves, Individually of San Diego, CA, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 17th day of March, 2020. State of South Dakota County of Minnehaha } ss WESTERN SURETY COMPANY aul T. Bruflat, Vice President On this 17th day of March, 2020, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instnunent; that he knows the seal of said corporation; that the seal affixed to the said instnunent is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires June 23, 2021 J. MOHR ISNOTARY PUBLIC SOUTH OANOTA CERTIFICATE J. Mohr, Notary Public 1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this day of MAY 7 U 2020 , WESTERN SURETY COMPANY 6cv 2414-Irrt".1 L. Nelson, Assistant Secretary Form 1'4280-7-2012 Go to www.cnasurety.com > Owner / Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity. Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. CALIFORNIA ALL- PURPOSE CERTIFICATE OF 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 Califomia } County of San Diego MAY 2 0 2020 On before me, Shannen Sigman, Notary Public Hem insert name and title of the or der) } personally appeared Brittany Aceves who proved to me on the basis of satisfactory evidence to be the persons) 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 signatures-) 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. Notary Publi ♦ a (Notary Public Seal) SHANNEN SIGMAN COMM. #2281292 Notary Public - California San Diego County M Comm. Ex.ires Mar. 16 2023 m ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) O Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) Li Other 2015 Version www.NotaryClasses.com 800-873-9865 INSTRUJCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and if needed, should be completed and attached to the document. Acknowledgments from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. ho/she/they- is /as e) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. • Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. • Indicate title or type of attached document, number of pages and date. ♦ Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple. Issues in Triplicate PAYMENT BOND Bond No. 30097919 Premium is included in Performance Bond. WHEREAS, the City Council of the City of National City, by Resolution No. 2020- , on the 2"d day of June, 2020, has awarded Basile Construction, Inc., hereinafter designated as the "Principal", the P-1 SEWER UPSIZE PROJECT FOR SWEETWATER HIGH SCHOOL, CIP NO. 19-43. WHEREAS, said Principal is required by Chapter 5 (commencing at Section 3225) and Chapter 7 (commencing at Section 3247), Title 15, Part 4, Division 3 of the California Civil Code to furnish a bond in connection with said contract; NOW, THEREFORE, we, the Principal and Western Surety Company as surety, are held and firmly bound unto the City of National City, hereinafter called the "City", in the penal sum of One Million, Three Thousand Ninety Four, Two Hundred Ninety Two($1,394,292.001 lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his/her or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay any of the persons named in Section 3181 of the California Civil Code, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the Contractor and his subcontractors pursuant to Section 18806 of the Revenue and Taxation Code, with respect to such work and labor the Surety will pay for the same in an amount not exceeding the sum hereinafter specified, and also, in case suit is brought upon this bond, a reasonable attorney's fee, to be fixed by the Court. This Bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code, so as to give a right of action to such persons or their assigns in any suit brought upon this bond. 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 20th day of May , 20 20 . Basile Construct. (SEAL) (SEAL) A-WaN RC(Le-rrOSI ' SEAL) Surety Brittany Aceves, Attorney -in -Fact Principal (SEAL) (SEAL) (SEAL) Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Jeffrey W Cavignac, James P Schabarum 1I, Jase Hamilton, Brittany Aceves, Individually of San Diego, CA, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this l7th day of March, 2020. State of South Dakota County of Minnehaha } ss WESTERN SURETY COMPANY aul T. Bniflat, Vice President On this 17th day of March, 2020, before me personally came Paul T. Bmflat, to me known, who, being by me duly swom, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires June 23, 2021 J. MOHR NOTARY UTHOA OTA • 'f SWTHOAKOTA �.JI,4.10.0000.444444004....4.4+ CERTIFICATE Ci-772944a1A-*•) J. Mohr, Notary Public I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed MAY202020 my name and affixed the seal of the said corporation this day of WESTERN SURETY COMPANY 657 2414117rt L. Nelson, Assistant Secretary Form F4280-7-2012 Go to www.cnasurety.com > Owner / Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity. Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. CALIFORNIA ALL- PURPOSE CERTIFICATE OF 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 San Diego On MAY 2 0 2020 before me, } Shannen Sigman, Notary Public Here insert name and itle of the officer) personally appeared Brittany Aceves 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. Notary Public Signor • SHANNEN SIGMAN COMM. #2281292 Notary Public - California San Diego County M Comm. Ex.ires Mar. 16 2023 (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date CAPACITY CLAIMED BY THE SIGNER E Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact • Trustee(s) ❑ Other 2015 Version www.NotaryClasses.com 800-873-9865 INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with currem California statutes regarding notary wording and if needed, should be completed and attached to the document. Acknowledgments from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they- is /ere) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. • Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document • Indicate title or type of attached document, number of pages and date. 4, Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple. »- CALIFORNIA NATIONAL enir ''ACORPOA ATE City of National City (To be submitted only when there are no employees subject to Workers' Compensation) DECLARATION AND ADDENDUM TO ALL CONTRACTS AWARDED TO: Cott (Company Name) For the purpose of inducing the City of National City to go forward with any contracts awarded to I - GONS alo1•-), )CJ (Company), I declare as follows: I, AU E GAS( LE (name) , CVs1 ot-,, v \ (title), am authorized to execute this document on behalf of _(company) with respect to compliance with the California Workers' Compensation and Labor laws. All work required will be performed personally and solely by volunteers of SASl LE (DNSIlr l.CMoi J / ANC% (company), who are independent contractors. If, however, '$/ $1(E- coNST .(k flatJ, _pUC_ (company) shall ever be required to hire employees or Subcontractors to perform this contract, latiS( I..FC6'1JS1121(C;(1 ofQ,(company) shall obtain Workers' Compensation Insurance and/or provide proof of Workers' Compensation Insurance coverage to the City of National City. This document constitutes a declaration by CMS( LE (of S1 _J.C_ VJ, (company) against its financial interest, relative to any claims which may be asserted under the California Workers' Compensation and/or Labor laws against the City of National City relating to any bid or contract awarded LE LON ccitliC.,MINJ l (� (company). ?)Asl C„C3VL1 STri_u l(company) will defend, indemnify, and hold harmless the City of National City, its officers and employees, from any and all claims and liability, including Workers' Compensation claims and liability that may be asserted or established by any party in the event it hires an employee in violation of this addendum or if a volunteer of the organization makes a claim against or alleges liability of the City of National City for Workers' Compensation, and it will further indemnify the City of National City, its officers and employees, for all damages the City thereby suffers. I agree that these declarations shall constitute an addendum to any bid or contract awarded to: ( LE C C)NSIV-C.tC—Ttb! t L (company). Dated: M ! \1 2(,11." , 20 2-0. (Insert company name in all caps) gature of Authorized Representative) 14bcoN) FPS( LE- t i2GSI DCKW- (Name and Title) • A� L® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDMYY) 5/19/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Cavignac & Associates 450 B Street, Suite 1800 San Diego CA 92101 CONTACT NAME: Certificate Department PHONE FAX (AIC. No. Ext): 619-744-0574 (A/c. Nor 619-234-8601 ADDRESS: certificates@cavignac.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Travelers Property Casualty Company of America 25674 INSURED BASICON-01 Basile Construction, Inc. 7952 Armour Street San Diego, CA 92111 INSURER B : Indian Harbor Insurance Co. 36940 INSURER C: Travelers Indemnity Co of Conn 25682 INSURER D : Continental Insurance Company 35289 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 1923075608 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MMIDDIYYYYI POLICY EXP (MM/DD/YYYY) LIMITS C X COMMERCIAL GENERAL LIABILITY Y CO9C312011 5/1/2020 5/1/2021 EACH OCCURRENCE $ 1,000,000 DAMAGE TO PREMISES (EaENTED occurrence) $ 300,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES X PRO- JECT PER: LOC PRODUCTS - COMP/OP AGG $ 2,000,000 DEDUCTIBLE (PD ONLY) $ 25,000 A AUTOMOBILE X X _ LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS X _ SCHEDULED AUTOS NON -OWNED AUTOS Y 8109M83280A 5/1/2020 5/1/2021 COMBINED SINGLE LIMIT (Ea accident) $ 1.000.000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ D X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE 6021026599 5/1/2020 5/1/2021 EACH OCCURRENCE $ 9,000,000 AGGREGATE $ 9,000,000 $ DED X RETENT ON $ 10 000 A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y I N ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A Y UB4K351469 5/1/2020 5/1/2021 X PER OTH- STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 B PROFESSIONAL/POLLUTION LIABILITY PEC004745204 5/1/2020 5/1/2021 PER CLAIM / AGGREGATE $2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) Re: J2135 National City Sweetwater High. Additional Insured coverage applies to General Liability and Automobile Liability for The City of National City, its elected officials, officers, agents, employees, and volunteers per policy form. Waiver of subrogation applies to Workers Compensation per policy form. Excess/Umbrella policy follows form over underlying policies: General Liability, Auto Liability & Employers Liability (additional insured and waiver of subrogation apply). Professional Liability - Claims made form, defense costs included within limit. CERTIFICATE HOLDER CANCELLATION City of National City 1243 National City Boulevard National City CA 91950-4397 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2014/01) © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 8109M83280A COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED B. BLANKET ADDITIONAL INSURED C. EMPLOYEE HIRED AUTO D. EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS F. HIRED AUTO — LIMITED WORLDWIDE COV- ERAGE — INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE — GLASS PROVISIONS A. BROAD FORM NAMED INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE: Any organization you newly acquire or form dur- ing the policy period over which you maintain 50% or more ownership interest and that is not separately insured for Business Auto Coverage. Coverage under this provision is afforded only un- til the 180th day after you acquire or form the or- ganization or the end of the policy period, which- ever is earlier. B. BLANKET ADDITIONAL INSURED The following is added to Paragraph c. in A.1., Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Covered Autos Liability Coverage, but only for damages to which H. J. K. L. M. N. C. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE — INCREASED LIMIT PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT PERSONAL PROPERTY AIRBAGS NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS BLANKET WAIVER OF SUBROGATION UNINTENTIONAL ERRORS OR OMISSIONS this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — COV- ERED AUTOS LIABILITY COVERAGE: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness. 2. The following replaces Paragraph b. in B.5., Other Insurance, of SECTION IV — BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in an "employee's" name, with your CA T3 53 02 15 © 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission. POLICY NUMBER: CO9C312011 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (Includes Products -Completed Operations If Required By Contract) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS The following is added to SECTION II — WHO IS AN INSURED: Any person or organization that you agree in a written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only: a. With respect to liability for "bodily injury" or "property damage" that occurs, or for "personal injury" caused by an offense that is committed, subsequent to the signing of that contract or agreement and while that part of the contract or agreement is in effect; and b. If, and only to the extent that, such injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the written contract or agreement applies. Such person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. The insurance provided to such additional insured is subject to the following provisions: a. If the Limits of Insurance of this Coverage Part shown in the Declarations exceed the minimum limits required by the written contract or agreement, the insurance provided to the additional insured will be limited to such minimum required limits. For the purposes of determining whether this limitation applies, the minimum limits required by the written contract or agreement will be considered to include the minimum limits of any Umbrella or Excess liability coverage required for the additional insured by that written contract or agreement. This provision will not increase the limits of insurance described in Section III — Limits Of Insurance. b. The insurance provided to such additional insured does not apply to: CGD2460419 (1) Any "bodily injury", "property damage" or "personal injury" arising out of the providing, or failure to provide, any professional architectural, engineering or surveying services, including: (a) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders or change orders, or the preparing, approving, or failing to prepare or approve, drawings and specifications; and (b) Supervisory, inspection, architectural or engineering activities. (2) Any "bodily injury" or "property damage" caused by "your work" and included in the "products -completed operations hazard" unless the written contract or agreement specifically requires you to provide such coverage for that additional insured during the policy period. c. The additional insured must comply with the following duties: (1) Give us written notice as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, such notice should include: (a) How, when and where the "occurrence" or offense took place; (b) The names and addresses of any injured persons and witnesses; and (c) The nature and location of any injury or damage arising out of the "occurrence" or offense. (2) If a claim is made or "suit" is brought against the additional insured: © 2018 The Travelers Indemnity Company. All rights reserved. Page 1 of 2 COMMERCIAL GENERAL LIABILITY (a) Immediately record the specifics of the claim or "suit" and the date received; and (b) Notify us as soon as practicable and see to it that we receive written notice of the claim or "suit" as soon as practicable. (3) Immediately send us copies of all legal papers received in connection with the claim or "suit", cooperate with us in the investigation or settlement of the claim or defense against the "suit", and otherwise comply with all policy conditions. Page 2of2 (4) Tender the defense and indemnity of any claim or "suit" to any provider of other insurance which would cover such additional insured for a loss we cover. However, this condition does not affect whether the insurance provided to such additional insured is primary to other insurance available to such additional insured which covers that person or organization as a named insured as described in Paragraph 4., Other Insurance, of Section IV — Commercial General Liability Conditions. © 2018 The Travelers Indemnity Company. All rights reserved. CG D2 46 04 19 POLICY NUMBER: CO9C312011 COMMERCIAL GENERAL LIABILITY c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. d. Primary And Non -Contributory Insurance If Required By Written Contract If you specifically agree in a written contract or agreement that the insurance afforded to an insured under this Coverage Part must apply on a primary basis, or a primary and non- contributory basis, this insurance is primary to other insurance that is available to such insured which covers such insured as a named insured, and we will not share with that other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal and advertising injury' for which coverage is sought is caused by an offense that is committed; subsequent to the signing of that contract or agreement by you. 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation, and send us copies at such times as we may request. 6. Representations By accepting this policy, you agree: Page 16 of 21 a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; and c. We have issued this policy in reliance upon your representations. The unintentional omission of, or unintentional error in, any information provided by you which we relied upon in issuing this policy will not prejudice your rights under this insurance. However, this provision does not affect our right to collect additional premium or to exercise our rights of cancellation or nonrenewal in accordance with applicable insurance laws or regulations. 7. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. 8. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V — DEFINITIONS 1. "Advertisement" means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purposes of this definition: a. Notices that are published include material placed on the Internet or on similar electronic means of communication; and b. Regarding websites, only that part of a website that is about your goods, products or services for the purposes of attracting customers or supporters is considered an advertisement. © 2017 The Travelers Indemnity Company. All rights reserved. CG T1 00 02 19 Includes copyrighted material of Insurance Services Office, Inc. with its permission. TRAVELERSJ ONE TOWER SQUARE HARTFORD, CT 06183 WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 ( A) — 001 POLICY NUMBER: UB4K351469 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. The additional premium for this endorsement shall be 03.000 % of the California workers' compensation pre- mium. Schedule Person or Organization Job Description ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. UB4K351469 Endorsement No. Insured Basile Construction, Inc. Premium Insurance Company Countersigned by ST ASSIGN: Page 1 of 1 City of National City BUSINESS TAX CERTIFICATE "For Services Provided in National City, California Only" Business Name BASILE CONSTRUCTION INC Business Location Business Owner(s) 7952 ARMOUR ST SAN DIEGO, CA 92111-3718 ALLEN (PRES) BASILE CHRIS BASILE BASILE CONSTRUCTION INC 7952 ARMOUR ST SAN DIEGO, CA 92111-3718 THIS BUSINESS TAX CERTIFICATE DOES NOT PERMIT A BUSINESS THAT IS OTHFRWISF PROHIRITFIl — CALIFORNIA -+ NATIONAI, CITp 1331 tNCOMPOMA7to Business Type Account Number Effective Date Expiration Date 2020 TO BE POSTED IN A CONSPICUOUS PLACE AND NOT TRANSFERABLE OR ASSIGNABLE Contractor - General (Based Out Of City) 09017531 January 01, 2020 December3l, 2020 City Manager NOTE: IT IS YOUR OBLIGATION TO RENEW THIS CERTIFICATE WHETHER OR NOT YOU RECEIVE A RENEWAL NOTICE For all inquiries regarding this certificate, contact HdL Business Tax Support Center at (619) 382-2596. BASILE CONSTRUCTION INC Thank you for your payment on your National City Business Tax Certificate. ALL CERTIFICATES MUST BE AVAILABLE FOR INSPECTION UPON REQUEST. If you have questions concerning your business license, contact the Business Support Center via email at: NationalCity@HdLgov.com or by telephone at: (619) 382-2596 Keep this portion for your license separate in case you need a replacement for any lost, stolen, or destroyed license. A fee may be charged for a replacement or duplicate certificate. This certificate does not entitle the holder to conduct business before complying with all requirements of the National City Municipal code and other applicable laws, nor to conduct business in a zone where conducting such business violates law. If you have a fixed place of business within the National City, please display the Business Tax Certificate below in a conspicuous place at he premises. Otherwise, every Business Tax Certificate holder not having a fixed place of business in the City shall keep the Business Tax Certificate upon his or her person, or affixed in plain view any cart, vehicle, van or other movable structure or device at all times if required by the Collector. CALIFORNIA "" NATIONAL CITY INCON061116'D BUSINESS TAX SUPPORT CENTER 8839 N CEDAR AVE #212 FRESNO, CA 93720-1832 BASILE CONSTRUCTION INC 7952 ARMOUR ST SAN DIEGO, CA 92111-3718 MEI City of National City BUSINESS TAX CERTIFICATE Account Number: 09017531 Date of Issue: 01/01/2020 Form (Rev. November2017) Department of the Treasury Internal Revenue Service Request for Taxpayer Identification Number and Certification ► Go to www.irs.gov/FormW9 for instructions and the latest information. Give Form to the requester. Do not send to the IRS. Print or type. See Specific Instructions on page 3. 1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. BASILE CONSTRUCTION, INC. 2 Business name/disregarded entity name, if different from above 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the following seven boxes. III Individual/sole proprietor or • C Corporation 0 S Corporation III Partnership III Trust/estate single -member LLC 4 Exemptions (codes apply only to certain entities, not individuals; see Instructions on page 3): Exempt payee code (if any) III Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) ► Note: Check the appropriate box in the line above for the tax classification of the single -member owner. Do not check LLC if the LLC is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC is Otherwise, LLC that Exemption from FATCA reporting code (if any) another LLC that is not disregarded from the owner for U.S. federal tax purposes. a single -member is disregarded from the owner should check the appropriate box for the tax classification of Its owner. Ill Other (see instructions) ► (Applies to accounts maintained outside the U.S.) 5 Address (number, street, and apt. or suite no.) See Instructions. 7952 ARMOUR ST Requester's name and address (optional) 6 City, state, and ZIP code SAN DIEGO, CA 62111 7 List account number(s) here (optional) Part I Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other antitiae it ie vntir PmnInver iriantificatinn numhp±r (FIN). If you do not have a number. see How to oet a Social security number — — TIN, later. Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter. or Employer identification number 3 3 0 5 4 7 5 5 2 Part II Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all Interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification Instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, youot required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later. Sign Here Signature of U.S. person ► General Instructions. ) Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an Information return. Examples of information returns include, but are not limited to, the following. • Form 1099-INT (interest earned or paid) Date P. • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not retum F0m1 W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Cat. No. 10231X Form W-9 (Rev. 11-2017) RESOLUTION NO. 2020 — 97 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, 1) AWARDING A CONTRACT TO BASILE CONSTRUCTION, INC. IN THE AMOUNT OF $1,394,292 FOR THE P-1 SEWER UPSIZE PROJECT FOR SWEETWATER HIGH SCHOOL, CIP NO. 19-43; 2) AUTHORIZING A 15% CONTINGENCY IN THE AMOUNT OF $209,143.80 FOR ANY UNFORESEEN CHANGES; AND 3) AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT WHEREAS, the P-1 Sewer Upsize Project includes open trench construction to remove and replace approximately 1490 linear feet of 8 inch diameter vitrified clay pipe (VCP) with 12 inch diameter PVC sewer main, manholes, laterals including pavement restoration, and placing a new sewer access road near the 2800 Block of "D" Avenue, just west of "D" Avenue; and WHEREAS, the work commences approximately 750 feet west of "D" Avenue and proceeds east for approximately 1500 feet through Sweetwater High School property and ends at "F" Avenue; and WHEREAS, on April 6, 2020, the bid solicitation was posted on PlanetBids, a free public electronic bidding system for contractors and advertised in local newspapers on April 8, 2020 and April 10, 2020; and WHEREAS, on May 1, 2020, three (3) bids were received electronically by the Engineering Department for the P-1 Sewer Upsize Project; and WHEREAS, HPS Mechanical, Inc. was the apparent lowest bidder, however, upon review of all submitted documents, HPS Mechanical, Inc. was deemed "non -responsive" due to bid irregularities; and WHEREAS, City Staff recommends awarding the contract to Basile Construction, Inc. who is the lowest bidder qualified to perform the work as described in the project specifications with a total bid amount of $1,394,292; and WHEREAS, a 15% contingency amount up to $209,143.80 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 P-1 Sewer Upsize Project for Sweetwater High School, CIP No. 19-43, to the lowest responsive, responsible bidder, to wit: BASILE CONSTRUCTION, INC. BE IT FURTHER RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute on behalf of the City a contract in the amount of $1,394,292 with Basile Construction, Inc. for the P-1 Sewer Upsize Project for Sweetwater High School. Said contract is on file in the Office of the City Clerk. 111 /// /// Resolution No. 2020 — 97 Page Two BE IT FURTHER RESOLVED that the City Council authorizes a 15% contingency in the amount of up to $209,143.80 for any unforeseen changes. PASSED and ADOPTED this 2nd day of June, 2020 Alejandra Sotelo-Solis, Mayor ATTEST: reiMichael R. Da I a, City Clerk APPROVED AS TO FORM: Passed and adopted by the Council of the City of National City, California, on June 2, 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. 2020-97 of the City of National City, California, passed and adopted by the Council of said City on June 2, 2020. City Clerk of the City of National City, California By: CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 2, 2020 AGENDA ITEM NO.: 5 . , LM TITLE: Resolution of the City Council of the City of National City, 1) awarding a contract to Basile Construction, Inc. in the amount of $1,394,292 for the P-1 Sewer Upsize Project for Sweetwater High School, CIP No. 19-43; 2) authorizing a 15% contingency in the amount of $209,143.80 for any unforeseen changes; and 3) authorizing the Mayor to execute the contract. PREPARED BY: Carla Hutchinson, Assistant Engineer PHONE: 619-336-4388 EXPLANATION: See attached explanation. DEPARTMENT: Eng f.e nnd Public Works APPROVED BY: FINANCIAL STATEMENT: APPROVED: � : (�! FINANCE ACCOUNT NO. APPROVED: MIS Contract Award (Funds are appropriated and available through prior City Council CIP Appropriations) Expenditure Account: 125-409-500-598-2024 (Sewer Upsizing CIP) - $1,394,292 15% contingency (Funds are appropriated and available through prior City Council CIP Appropriations) Expenditure Account: 125-409-500-598-2024 (Sewer Upsizing CIP) - $209,143.80 ENVIRONMENTAL REVIEW: A CEQA Categorical Exemption was determined on January 23, 2020. The Notice of Exemption has been filed with the County Recorder's Office on February 3, 2020. ORDINANCE: INTRODUCTION FINAL ADOPTION STAFF RECOMMENDATION: Adopt Resolution awarding a contract to Basile Construction, Inc. in the amount of $1,394,292 for the P-1 Sewer Upsize Project for Sweetwater High School, CIP No. 19-43. BOARD / COMMISSION RECOMMENDATION: N/A TAC H M ENTS: 1. Explanation w/Exhibit 2. Bid Opening Summary 3. Three Lowest Bidders Summary 4. Owner -Contractor Agreement 5. Resolution 640Y, 71a• adao 47 EXPLANATION The P-1 Sewer Upsize Project includes open trench construction to remove and replace approximately 1490 linear feet of 8 inch diameter vitrified clay pipe (VCP) with 12 inch diameter PVC sewer main, manholes, laterals including pavement restoration, and placing a new sewer access road near the 2800 Block of D Avenue, just west of D Avenue. The work commences approximately 750 feet west of D Avenue and proceeds east for approximately 1500 feet through Sweetwater High School property and ends at F Avenue (see attached exhibit). On April 6, 2020, the bid solicitation was posted on PlanetBids, a free public electronic bidding system for contractors. On April 8, 2020 and April 10, 2020, the bid solicitation was advertised in local newspapers. On May 1, 2020, three (3) bids were received electronically on PlanetBids by the 2:00 p.m. deadline. Bid results were available immediately after the 2:00 p.m. deadline. HPS Mechanical, Inc. was the apparent lowest bidder. Upon review of all submitted documents, HPS Mechanical, Inc. was deemed "non -responsive" due to bid irregularities. Basile Construction, Inc. was the second lowest bidder with a total base bid plus alternative bid amount of $1,706,692.00: • Base Bid — $1,394,292 (Awarded) • Alternate Bid - $312,400 (Not awarded) Upon review of all required documents submitted and reference checks, Basile Construction, Inc. was deemed responsive, and are the lowest responsible bidder qualified to perform the work as described in the project specifications. Therefore, staff recommends awarding a contract to Basile Construction, Inc. in the not - to -exceed amount of $1,394,292. Staff also recommends authorizing a 15% contingency in the amount of $209,143.80 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. Construction is estimated to be completed during winter 2020. Updates will be provided on the City's CIP website at: nationalcityprojects.com. -1- 7.a)_ I * r P1 - Phase 1 Sewer Upsize From approximately C Avenue to F Avenue Begin Project A Google Earth 4111 ropose RED DEVILS End Project Legend / Proposed Maintenance Road 0 Proposed Manhole :. Proposed P1 Phase 1 400 ft CALIFORNIA NATIONAL My L INCO ABATED --BID OPENING SUMMARY NAME: P-1 SEWER UPSIZE PROJECT FOR SWEETWATER HIGH SCHOOL, CIP NO: 19-43 DATE: Friday, May 1, 2020 TIME: 2:00 P.M. ESTIMATE: $980,590.00 PROJECT ENGINEER: Roberto Yano, P.E. NO. BIDDER'S NAME BID AMOUNT ADDENDA #1,2,3 BID SECURITY -BOND 1 HPS Mechanical, Inc. 9260 Trade Place, Suite 101 San Diego, CA 92126 $899,720.00 Yes Bond 2. Basile Construction, Inc. 7952 Armour Street San Diego, CA 92111 $1,706,692.00 Yes Bond 3 Blue Pacific Engineering & Construction 7330 Opportunity Road, Suite J San Diego, CA 92111 $1,916,600.00 Yes Bond -3- Bid Results for P-1 Sewer Upsize Project (CIP No. 19-43) Item No. Description Unit Qty. HPS Mechanical, Inc. •Basile•Construction,:Inc. . Blue Pacific Engineering & Construction Base Bid - Open Trench 1 Mobilization/Demobilization LS 1 $15,000.00 $15,000.00 $26,500.00 $26,500.00 $60,000.00 $60,000.00 2 Water Quality Control LS 1 $5,400.00 $5,400.00 $7,900.00 $7,900.00 ' $20,000.00 $20,000.00 3 Traffic and Pedestrian Control LS 1 $16,000.00 $16,000.00 $20,700.00 $20,700.00 $30,000.00 $30,000.00 4 Temporary Fence LS 1 $8,400.00 $8,400.00 $4,210.00 $4,210.00 ' . $10,000.00 $10,000.00 5 Surveying LS 1 $6,900.00 $6,900.00 $18,300.00 $18,300.00 $20,000.00 $20,000.00 6 Protection and Restoration of Existing Improvements LS 1 $15,000.00 $15,000.00 $20,500.00 $20,500.00 .$20,000.00 $20,000.00 7 Clearing and Grubbing LS 1 $7,500.00 $7,500.00 $15,200.00 $15,200.00 $20,000.00 $20,000.00 8 Sweet Water High School Ball Field(s) Restoration LS 1 $9,000.00 $9,000.00 $136,900.00 $136,900.00 ..$15,000.00 .$15,000.00 9 Sewer Bypass LS 1 $55,000.00 $55,000.00 .$227,300.00. $227,300:00 • $60,000.00 $60,000.00 10 Dewatering Mobilization and Demobilization EA 2 $33,000.00 $66,000.00 $5,500.00: • . $•11;000.00: $5,000:00 $10,000.00 11 Dewatering DAY 10 $5,500.00 $55,000.00 $978.00 $9,780.00 $1,500.00 $15,000.00 12 Remove Existing 48" Sewer Manhole EA 3 $4,000.00 $12,000.00 $2,230:00 -:. $6,690.00 $6,000.00: $18,000.00 13 Abandon Existing Manhole EA 2 $4,500.00 $9,000.00 $1,110.00 .' : . $2,220.00:.: • $3,000.00 $6,000.00 14 Abandon Existing Sewer Line LF 190 $78.00 $14,820.00 •$27.00..:. $5,130.00- :. ' $20.00 $3,80000 15 12" Sewer Main by Open Trench LF 1400 $170.00 $238,000.00 $199,00.:: $278,600.00 . $330.00 $462,000.00 16 Sewer Main Cleanout, Type A EA 5 $690.00 $3,450.00 $581.00 . $2,905.00' '.. • $2,500.00 $12,500.00 17 Jack and Bore 18" sleeve and place 12" PVC sewer main within sleeve LF 200 $445.00 $89,000.00 . .$1,190.00_ . $238;000.00 -.. $2;500.00 $500,000.00. Bid Results for P-1 Sewer Upsize Project (CIP No. 19-43) Item No. Description Unit Qty. HPS Mechanical, Inc. Basile Construction, Inc. Blue Pacific Engineering & Construction 18 5' Sewer Manhole EA 7 $9,500.00 $66,500.00 $16,000.00 $112,000.00 $22,000.00 $154,000.00 19 Manhole Locking Device EA 4 $250.00 $1,000.00 $1,460.00 $5,840.00 $1,500.00 $6,000.00 20 Connect Existing Sewer to New Manhole EA 2 $5,700.00 $11,400.00 $977:00 $1,954.00 $3,500.00 $7,000.00 21 Remove and Replace Existing Fence LF 180 $25.00 $4,500.00 $95.40 $17,172.00 $100.00 $18,000.00 22 PCC Curb and Gutter LF 50 $54.00 $2,700.00 $74.60 $3,730.00 $60.00 $3,000.00 23 PCC Sidewalk SF 200 $18.00 $3,600.00 $21.20 $4,240.00 $16.00 $3,200.00 24 Shoring and Bracing LS 1 $25,000.00 $25,000.00 $62,600.00 . $62,600.00 $40,000.00 $40,000.00 25 Sewer Lateral Connection EA 5 $2,400.00 $12,000.00 $1,280.00 ... $6,400.00 $1,500.00 $7,500.00 26 Sewer Lateral, 4" PVC SDR35 LF 250 $145.00 $36,250.00 $40.70 - ' $10,175.00 $80.00 $20,000.00 27 14' Access Road SF 8100 $5.00 $40,500.00 $7.00 $56,700.00. $7.00 $56,700.00 ., 28 Asphalt Pavement Repair (4" AC on 8" Aggregate Base) SF 500 $22.00 $11,000.00 $20.40 $10,200.00 $7.00 $3,500.00 29 Tree Replacement EA 1 $2,500.00 $2,500.00 $4,700.00 $4,700.00 $2,500.00 $2,500.00 30 Signing & Striping LS 1 $9,000.00 $9,000.00 $3,230.00 $3,230.00 $5,000.00 $5,000.00 31 Removal//Disposal and Replacment of Unsuitable Material CY 500 $65.00 $32,500.00 $68.40 $34,200.00 $100.00 $50,000.00 32 Gate Detection Loop Detectors EA 2 $2,500.00 $5,000.00 $978.00 $1,956.00 .. $1,250.00 $2,500.00 33 Pavement Lot Restoration SF 1800 $6.00 $10,800.00 $15.20 $27,360.00 $5.00 $9,000.00 Sub Total $899,720.00 $1,394,292.00 $1,670,200.00 Alternate Bid - Pipe Bursting 34 Pipe Bursting (Sta. 7+50 - 15+79.43) LF 880 $0.00 $0.00 $355.00 $312,400.00 $280.00 $246,400.00 Sub Total $0.00 $312,400.00 $246,400.00 Summary of Award Base Bid - Open Trench $899,720.00 $1,394,292.00 $1,670,200.00 $899,720.00 $1,394,292.00 $1,670,200.00 2 OWNER - CONTRACTOR AGREEMENT P-1 SEWER UPSIZE PROJECT FOR SWEETWATER HIGH SCHOOL, CIP NO. 19-43 This Owner -Contractor Agreement ("Agreement") is made by and between the City of National City, 1243 National City Boulevard National City, California 91950 and Basile Construction, Inc. ("Contractor"), 7952 Armour Street, San Diego, CA 92111, on the 2nd of June, 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. -6- 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 -7- 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 of the provisions of this Section 15, above: (Initial) (Initial) -8- 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: Basile Construction, Inc. Alejandra Sotelo-Solis (Owner/Officer signature) Mayor, City of National City APPROVED AS TO FORM: By: Angil P. Morris -Jones Print name and title City Attorney Auk -A) &S(L tritt6swe•A` Print name and title (Second officer signature if a corporation) ocict Contractor's City Business License No. vock2-%/1°T- State Contractor's License No. and Class 91z t-tou&W Business street address DterclO,Cik2-111 City, State and Zip Code -9- 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. -10- EXHIBIT B CONTRACT PRICE (NOTE - TO BE COMPLETED TO CONFORM WITH BID SCHEDULE ITEMS) -11- 1, Auk- Bt S1 Le- CORPORATE CERTIFICATE certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that fAS t L , who signed said contract on behalf of the Contractor, was then Qt U 6 F of said Corporation; that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers. 1, 11-U6-1\) BAST LE certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that f kb &J SAS! it- , who signed said contract on behalf of the Contractor, was then SF 1 of said Corporation; that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers. Corporate Seal: -12- CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 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 aArl ea J} On 2070 before me 1, tom. ra,- l' ✓) I UI l fficer personally appeared ceiNi AdiceAn Date —� re Insert Name dind Title of the NameX of Signer who proved to me on the basis of satisfactory evidence to be the person(Awhose name►. is are subscribed to the within instrument and acknowled•ed to me that( she/they executed the same 1 her/their authorized capacity(i$ and that b her/their signatureeon the instrument the person ►: , or the entity upon behalf of which the person(Aacted, executed the instrument. C. A. MARTIN NOTARY PUBLIC - CALIFORNIA COMMISSION # 2305883 e • SAN DIEGO COUNTY ... way Comm, Exp. September 19, 2023 Place Notary Seal and/or Stamp Above 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 offici. seal. g/4° At° 's Signature OPTIONAL tary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: ❑ Individual ❑ Trustee ❑ Other: Signer is Representing: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer - Title(s): ❑ Partner - 0 Limited 0 General ❑ Attorney in Fact ❑ Guardian or Conservator Signer's Name: ❑ Corporate Officer - Title(s): ❑ Partner - 0 Limited 0 General ❑ Individual 0 Attorney in Fact ❑ Trustee 0 Guardian or Conservator ❑ Other: Signer is Representing: ©2018 National Notary Association -13- PARTNERSHIP CERTIFICATE STATE OF ) COUNTY OF ) On this day of , 20 , before me, the undersigned, a Notary Public in and for said County and State, personally appeared: ) ss (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: -14- Issues in Triplicate PERFORMANCE BOND Bond No. 30097919 Premium: $13,154.00 Premium is for Contract Term and is subject to adjustment based on Final Contract Price. WHEREAS, the City Council of the City of National City, by Resolution No. 2020- , on the 2nd day of June, 2020, has awarded Basile Construction, Inc., hereinafter designated as the "Principal", the P-1 SEWER UPSIZE PROJECT FOR SWEETWATER HIGH SCHOOL, CIP NO. 19-43. WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract. NOW, THEREFORE, we, the Principal and Western Surety Company as surety, are held and firmly bound unto the City of National City, hereinafter called the "City", in the penal sum of One Million, Three Thousand Ninety Four, Two Hundred Ninety Two ($1,394,292.001 lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the above bounden Principal, his/her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said contract any alteration thereof made as therein provides, on his or their part, to be kept and performed at the time and in the amount therein specified, and in 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 -15- 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 20tn day of May ,20 20 . Basile Construction, Inc. (SEAL) Western Surety Company (SEAL) (SEAL) WI1EiliiL (SEAL) Surety Brittany Aceves, Attorney -in -Fact (SEAL) Principal -16- Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Jeffrey W Cavignac, James P Schabarum II, Jase Hamilton, Brittany Aceves, Individually of San Diego, CA, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 17th day of March, 2020. State of South Dakota County of Minnehaha } ss WESTERN SURETY COMPANY aul T. Bruflat, Vice President On this 17th day of March, 2020, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires June 23, 2021 J. MOHR OPUBLIC CO SOUTH OUTH UTHDAKOTA CERTIFICATE C:i7)774a1A--- J. Mohr, Notary Public I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this day of MAY 2 0 2020 , 014.11.14, AN, WV 111 Di nmixxw� WESTERN SURETY COMPANY cpiT L. Nelson, Assistant Secretary Form F4280-7-2012 Go to www.cnasuretv.com > Owner / Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity. -17- DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2:15 Version wsww.NotaryClasses.corn dCC-S73-. 0S. CALIFORNIA ALL- PURPOSE CERTIFICATE OF 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 Califomia } County of San Diego MAY 2 0 2020 On before me, Shannen Si man, Notary Public (Here insert name and title of the officer) personally appeared Brittany Aceves who proved to me on the basis of satisfactory evidence to be the person() 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() acted, executed the instrument. } I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notary Publi ♦ 11!-Iw .t (Notary Public Seal) SHANNEN SIGMAN COMM. #2281292 Notary Public - California San Diego County My Comm. Ex•ires Mar. 16, 2023 ♦ ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and, if needed should be completed and attached to the document. Acknowledgments from other states may be completed far documents being sent to that state so long as the wording does not require the California notary to violate California notary kw. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they- is /are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. + Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. • Indicate title or type of attached document, number of pages and date. • Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple. -18- Issues in Triplicate PAYMENT BOND Bond No. 30097919 Premium is included in Performance Bond. WHEREAS, the City Council of the City of National City, by Resolution No. 2020- , on the 2"d day of June, 2020, has awarded Basile Construction, Inc., hereinafter designated as the "Principal", the P-1 SEWER UPSIZE PROJECT FOR SWEETWATER HIGH SCHOOL, CIP NO. 19-43. WHEREAS, said Principal is required by Chapter 5 (commencing at Section 3225) and Chapter 7 (commencing at Section 3247), Title 15, Part 4, Division 3 of the California Civil Code to furnish a bond in connection with said contract; NOW, THEREFORE, we, the Principal and Western Surety Company as surety, are held and firmly bound unto the City of National City, hereinafter called the "City", in the penal sum of One Million, Three Thousand Ninety Four, Two Hundred Ninety Two($1,394,292.001 lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his/her or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay any of the persons named in Section 3181 of the California Civil Code, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the Contractor and his subcontractors pursuant to Section 18806 of the Revenue and Taxation Code, with respect to such work and labor the Surety will pay for the same in an amount not exceeding the sum hereinafter specified, and also, in case suit is brought upon this bond, a reasonable attorney's fee, to be fixed by the Court. This Bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code, so as to give a right of action to such persons or their assigns in any suit brought upon this bond. -19- 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 20th day of May , 20 20 . Basile Constructi (SEAL) W a y (SEAL) e (SEAL) (SEAL) / traOSA to-, ects IVeiCrTSEAL) Brittany Aceves, Attorney -in -Fact (SEAL) Surety Principal -20- Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Jeffrey W Cavignac, James P Schabarum II, Jase Hamilton, Brittany Aceves, Individually of San Diego, CA, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attomey is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 17th day of March, 2020. State of South Dakota County of Minnehaha } ss WESTERN SURETY COMPANY aul T. Bruflat, Vice T. Vice President On this 17th day of March, 2020, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires June 23, 2021 CERTIFICATE 12-77)7244-11A— J. Mohr, Notary Public I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attomey hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this day of MAY 2 a 2fl7[ WESTERN SURETY COMPANY ila 2tson, Assistant Secretary Form F4280-7-2012 Go to www.cnasuretv.com > Owner / Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity. -21- CALIFORNIA ALL- PURPOSE CERTIFICATE OF 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 Califomia } County of San Diego On MAY 2 0 2020 before me, Shannen Sigman, Notary Public (Here insert name and htle of the officer) personally appeared Brittany Aceves 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/s-Fe/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 Califomia that the foregoing paragraph is true and correct. WITNESS m hand and official seal. Notary Public Signa (Notary Public Seal) SHANNEN SIGMAN COMM. #2281292 Notary Public - California San Diego County My Comm. Ex•ires Mar. 16, 2023 • ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2015 Version www.NotaryClasses.com &C0 873 F INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and, if needed should be completed and attached to the document. Acknowledgments from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they- is /are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. • Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. • Indicate title or type of attached document, number of pages and date. • Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple. -22- NATIONAL CITY ' - fifC�g�lOII�7ip - _J City of National City (To be submitted only when there are no employees subject to Workers' Compensation) DECLARATION AND ADDENDUM TO ALL CONTRACTS AWARDED TO: 3A s LE COYQST t,G1o1Q, Jc. (Company Name) For the purpose of inducing the City of National City to go forward with any contracts awarded to PPAS ((__ a)NST1 C.(�1pfJ, JL (Company), I declare as follows: I, f}(�L vim) BAS( (name) , 1' SL Dt (title), am authorized to execute this document on behalf of _(company) with respect to compliance with the California Workers' Compensation and Labor laws. All work required will be performed personally and solely by volunteers of ( LE of SIV--“ZrlOtJ i�`NC. (company), who are independent contractors. If, however, 1:f1S I L& C:ONSIT2-(k fla1J, TYQC (company) shall ever be required to hire employees or Subcontractors to perform this contract, f3AS./ LECoiQST 2-LtglcoN ,'NV(, (company) shall obtain Workers' Compensation Insurance and/or provide proof of Workers' Compensation Insurance coverage to the City of National City. This document constitutes a declaration by CI t S( LE GoNST I.A.c \ v3, (company) against its financial interest, relative to any claims which may be asserted under the California Workers' Compensation and/or Labor laws against the City of National City relating to any bid or contract awarded Si4it LELON V)-U.CTttJ (� (company). 131,11kS1 LE CSC 0A)c-rl_.t,Lc 101Q, . (company) will defend, indemnify, and hold harmless the City of National City, its officers and employees, from any and all claims and liability, including Workers' Compensation claims and liability that may be asserted or established by any party in the event it hires an employee in violation of this addendum or if a volunteer of the organization makes a claim against or alleges liability of the City of National City for Workers' Compensation, and it will further indemnify the City of National City, its officers and employees, for all damages the City thereby suffers. n I agree that these declarations shall constitute an addendum to any bid or contract awarded to: (L'E (�/vs �t `bt (company). Dated: M ! ' 1 2(" , 20 ZD. (Insert company nain all caps) ignature of Authorized Representative) k:),Ast ( aGSI DcK7-- (Name and Title) -23- RESOLUTION NO. 2020 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, 1) AWARDING A CONTRACT TO BASILE CONSTRUCTION, INC. IN THE AMOUNT OF $1,394,292 FOR THE P-1 SEWER UPSIZE PROJECT FOR SWEETWATER HIGH SCHOOL, CIP NO. 19-43; 2) AUTHORIZING A 15% CONTINGENCY IN THE AMOUNT OF $209,143.80 FOR ANY UNFORESEEN CHANGES; AND 3) AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT WHEREAS, the P-1 Sewer Upsize Project includes open trench construction to remove and replace approximately 1490 linear feet of 8 inch diameter vitrified clay pipe (VCP) with 12 inch diameter PVC sewer main, manholes, laterals including pavement restoration, and placing a new sewer access road near the 2800 Block of "D" Avenue, just west of "D" Avenue; and WHEREAS, the work commences approximately 750 feet west of "D" Avenue and proceeds east for approximately 1500 feet through Sweetwater High School property and ends at "F" Avenue; and WHEREAS, on April 6, 2020, the bid solicitation was posted on PlanetBids, a free public electronic bidding system for contractors and advertised in local newspapers on April 8, 2020 and April 10, 2020; and WHEREAS, on May 1, 2020, three (3) bids were received electronically by the Engineering Department for the P-1 Sewer Upsize Project; and WHEREAS, HPS Mechanical, Inc. was the apparent lowest bidder, however, upon review of all submitted documents, HPS Mechanical, Inc. was deemed "non -responsive" due to bid irregularities; and WHEREAS, City Staff recommends awarding the contract to Basile Construction, Inc. who is the lowest bidder qualified to perform the work as described in the project specifications with a total bid amount of $1,394,292; and WHEREAS, a 15% contingency amount up to $209,143.80 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 P-1 Sewer Upsize Project for Sweetwater High School, CIP No. 19-43, to the lowest responsive, responsible bidder, to wit: BASILE CONSTRUCTION, INC. BE IT FURTHER RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute on behalf of the City a contract in the amount of $1,394,292 with Basile Construction, Inc. for the P-1 Sewer Upsize Project for Sweetwater High School. Said contract is on file in the Office of the City Clerk. /// /// Resolution No. 2020 — Page Two BE IT FURTHER RESOLVED that the City Council authorizes a 15% contingency in the amount of up to $209,143.80 for any unforeseen changes. PASSED and ADOPTED this 2nd day of June, 2020 Alejandra Sotelo-Solis, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris Jones, City Attorney 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 BASILE CONSTRUCTION, INC. P-1 Sewer Upsize Project for Sweetwater High School, CIP No. 19-43 Kathy Masters (Engineering/Public Works) forwarded a duplicate original Agreement to Basile Construction, Inc.