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HomeMy WebLinkAboutCC RESO 15,978RESOLUTION NO. 15,978 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DECLARING STATE CONSTRUCTION THE LOWEST RESPONSIBLE BIDDER AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH STATE CONSTRUCTION (ENGINEERING PROJECT NO 1032) WHEREAS, the Engineering Department of the City of National City did in open session on May 30, 1989, publicly open, examine and declare all sealed proposals or bids for the installation of the sewer main on "V" Avenue from 7th to 8th Streets in the City of National City, (Engineering Project No. 1032). NOW, THEREFORE, IT IS HEREBY RESOLVED that the City Council of the City of National City hereby rejects all of said bids except that herein mentioned, and hereby awards the contract for the installation of the sewer main on "V" Avenue from 7th to 8th Streets in the City of National City, (Engineering Project No. 1032) to the lowest responsive bidder, to wit: STATE CONSTRUCTION BE IT FURTHER RESOLVED by the City Council of the City of National City, California, that the Mayor is hereby authorized to execute on behalf of the City, a contract between STATE CONTRUCTION and the City of National City to provide for the installation of the sewer main in accordance with Engineering Project No. 1032. PASSED and ADOPTED this 6th day of June, 1989. ATTEST: ./, LOR ANNE PEOPLES, C TY CLERK APPROVED AS TO FORM: GEORGE'H. EISER, III CITY ATTORNEY .�� GEORGE WATERS, MAYOR CONTRACT SPECIFICATION NO. 1032 THIS AGREEMENT, made this, the 6th day of June- , 19 89 , by and between City of National City hereinafter called "OWNER", acting herein through its Mayor, and (1) State Construction , an individual doing business as (an individual) (a partnership) (a corporation) of the City of San Diego County of San Diego and State of California hereinafter called "CONTRACTOR". WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER, the CONTRACTOR hereby agrees with the OWNER to commence and complete the construction described as follows: "V" Avenue Improvement, 8th to 7th Street, Sewer Main hereinafter called the project, for the sum of Thirty five thousand seven hundred seventy five and no/100 Dollars ($ 35,775.00 ) and all extra work in connection therewith, under the terms as stated in the General and Special Provisions of the Contract; and at his (its or their) own proper cost and expense to furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, sales tax, and other accessories and services necessary to complete the said project in accordance with the conditions and prices stated in the Bidder's Proposal, the General Provisions and Special Provisions of the Contract, the Plans, which include all maps, plats, blueprints, and other drawings, and printed or written explanatory matter thereof, the specifications and contract documents therefore, all which are made a part hereof and collectively evidence and constitute the Contract. The CONTRACTOR hereby agrees to commence work under this contract on or before a date to be specified in a written "NOTICE TO PROCEED" of the OWNER and to fully complete the project within 30 working days thereafter. The CONTRACTOR further agrees to pay, as liquidated damages, the sum .of $ 250.00 for each consecutive calendar day that he is in excess of the time specified for completion. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract, subject to additions and deductions, as provided in the General Provisions of the Contract, and to make payments on account thereof. (1) Correct name of Contractor CONTRACT -11- IN WITNESS WHEREOF, the parties to these presents have executed this contract in four (4) counterparts, each of which shall be deemed an original, in the year and day first above mentioned. Licensed in accordance with an Act providing for the registration of Contractors. LICENSE NO. a (PS 76, G( LICENSE TYPE CITY LICENSE CITY OF NATIONAL CITY By: By: Mayor n rac or Pre-S, c f Official Title / 5 9 ray ; Ve.in aS7le a.3 5c2/ a .� C-fr 9aiz8 BusinessL'Address kick- CERTIFICATE I, k\� ck- s-Fr_ds , certify that I am the Secretary of the corporation names as CONTRACTOR in the `foregoing contract; that pick_ 51-i- ./, who signed said contract on behalf of the CONTRACTOR, was then /ire S;c -e .- - 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 torpor:. e powers. (CORPORATE SEAL) INDIVIDUAL/PARTNERSHIP CERTIFICATE Subscribed and sworn to before me this NOTARif PUB AND STATE OFFICIAL SEAL NANCY D. TEUFEL 9 NOTARY N DIEGO COUNTY ' My Comm. Expires July 26, 1991 day of __fit__ 19 ram_C-N X)- � IN AND F-OR 41'AID COUNTY (SEAL) My Commission Expires 7-_G - 9/ A-1,9 e_y D L Print or typd name of affiant s 7"4-Di:1 7i9 CONTRACT -12- KNOW ALL MEN BY THESE PRESENTS; That BOND #113 44 17 PREMIUM: $1,073.00 PERFORMANCE BOND EXECUTED IN 4 COUNTERPARTS WHEREAS, CITY OF NATIONAL CITY, by Resolution No. 15,978 passed June 6 19, 89 has awarded to State Construction Co. hereinafter designated as the "Principal" a contract for: "V" AVENUE IMPROVEMENT, 8TH TO 7TH STREET, SEWER MAIN SPECIFICATION NO. 1032 WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract; Alb NOW, THEREFORE, We the Principal, and EXPLORER INSURANCE COMPANY as Surety, are held and firmly bound unto CITY OF NATIONAL CITY, hereinafter called the "OWNER", in the penal sum of Thirty five Thousand Seven Hundred Seventy Five and no/100 .DOLLARS ($ 35.775.00 ), lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION IS SUCH that if the above -bounded Principal, shall perform the covenants, in the said contract in a manner that is satisfactory and acceptable to the Owner and if all materials and workmanship supplied by said Principal are free from original or developed defects appearing within one year from the date of acceptance of the work by the Owner, and if the Contractor at his own expense makes good such defects and failures and makes all replacements and adjustments required, within a reasonable time after being notified by the Owner so to do, and shall indemnify and save harmless the 0 W N E R, its officers and agents, 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 thereunder, or the specifications accompanying the same, shall in anywise affect its obligation of this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work or to the specifications. This bond shall be maintained by the contractor in full force and effect during the performance of the work of the contractor and for a period of one year after the date of acceptance of the work by the Owner. In the event suit is brought upon this bond by the OWNER and judgement is recovered, the surety shall pay all costs incurred by the OWNER in such suit including a reasonable attorney's fee to be fixed by the court. PERFORMANCE BOND (100% of Contract) -14A- PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is of which shall be deemed an original, this Subscribed and sworn to before me this o2D day of �Gc N� , 19 Fsi NOTA Y PUBL IN AND FOR S COUNTY AND STATE 1 OFFICIAL SEAL NANCY D. TEUFEL 041 --'P 9� NOTARY PUBLIC - CALIFORNIA \.y�cy SAN DIEGO COUNTY My Comm . ikseAiL�,1991 My Commission expires 7-- Cs— %/ Print or type name of affiant Subscribed and sworn to before me this 15th ay of June 1J9 89 NOTARY PUBLIC IN AND FOR SAID C My D STATE OFFICIAL SEAL JEANETTE SEIDL NOTARY PUBLIC-CALIFORNIA PRINCIPAL OFFICE IN SAN DIEGO COUNTY My Commission Expires Nov. 27, 1992 (SEAL) Commission expires November 27, 1992 Ingrid Erika Crosby Print or type name of affiant NOTE: Date of Bond must not be prior to date of Contract PERFORMANCE BOND (100% of Contract) executed in four (4) counterparts, each one the 15th day of June , 19 \89 . STATE CONSTRUCTION COMPANY OF SOUTHERN CALIFORNIA. INC. Principal„ (Print or Type) By: �g it% Rick Stadelman, President 15929 AVENIDA VENUSTO, SAN DIEGO CA 921: Address (619) 592-9216 Phone Number EXPLORER INSURANCE COMPANY Surety (Print or Type) POST OFFICE BOX 80578 Surety Address SAN DIEGO CALIFORNIA 92138-0578 -14B- (619) 297-7111 Surety Phone By: ttorney-in-fact Ingrid Erik. Crosby POST OFFICE BOX 80578 Address - Attorney -in -fact SAN DIEGO CALIFORNIA 92138-0578 (619) 297-7111 Phone - Attorney -in -fact CORROON & BLACK-SAN DIEGO Surety Agent for Service of Process 1615 MURRAY CANYON ROAD #800 Address SAN DIEGO CALIFORNIA 92108 THE EXPLORER INSURANCE COMPANY HOME OFFICE: SAN DIEGO, CALIFORNIA Certified Copy of POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That THE EXPLORER INSURANCE COMPANY, a Corporation duly authorized and existing under the laws of the State of Arizona and -having its principal office in the City of San Diego, California, does hereby nominate, constitute and appoint: Larry D. Cogdill Brian M. Kawamoto Ingrid Erika Crosby its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertakings, recognizances or other written obligations in the nature thereof. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of THE EXPLORER INSURANCE COMPANY at a meeting duly called and held on the 22nd day of JULY, 1985, which said Resolution has not been amended or rescinded and of which the following is a true, full, and complete copy: "RESOLVED: That the President or Secretary may from time to time appoint Attorneys -in - Fact to represent and act for and on behalf of the Company, and.either the President or Secretary, the Board of Directors or Executive Committee may at any time remove such Attorneys -in -Fact and revoke the Power of Attorney given him or her; and be it further RESOLVED: That the Attorney -in -Fact may be given full power to execute for and in the name of and on behalf of the Company any and all bonds and undertakings as the business of the Company may require, and any such bonds or undertakings executed by any such Attorney - in -Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Secretary." IN WITNESS WHEREOF, THE EXPLORER INSURANCE COMPANY has caused its official seal to be here- unto affixed and these presents to be signed by its duly authorized officers this 21st day of December, 1988. THE EXPLORER INSURANCE COMPANY \KS�R a SEAL o President \1_t . STATE OF CALIFORNIA COUNTY OF SAN DIEGO On this 21st day of December, 1988 before the subscriber, a Notary Public of the State of California, in and for the County of San Diego, duly commissioned and qualified, came ERNEST RADY, President of THE EXPLORER INSURANCE COMPANY, to me personally known to be the individual and officer described in and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, deposeth and saith, that he is the said officer of the Corporation aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of the said Corporation, _and that. _the said Corporate Seal and his signature as such officer were duly affixed and subscribed toythe- said instrument by the authority and direction of the said Corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of Son Diego, the day and year first above written. OFFICIAL SEAL NORMA PORTER Notary Public -California SAN DIEGO COUNTY My Comm. Do Jan. 8. 1992 STATE OF CALIruRN1A COUNTY OF SAN DIEGO SS: Notary ublic I, the undersigned, JAMES W. AUSTIN, III, Secretary of THE EXPLORER INSURANCE COMPANY, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a full, true and correct copy, is in full force and effect, and hos not been revoked. IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretory, Corporate Seal of the Corporation, this 15th day of June 19 anrl9 affixed the THE EXPLORER INSURANCE COMPANY BOND #113 44 17 PREMIUM: INCLUDED LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: That EXECUTED IN 4 COUNTERPARTS WHEREAS; CITY OF NATIONAL CITY, by Resolution No. 15,978 June 6 , 19 89 has awarded to State Contruction Co: passed hereinafter designated as the "Principal", a contract for: _ "V" AVENUE IMPROVEMENT, 8th TO 7th STREET, SEWER MAIN WHEREAS, said Principal is required to furnish a bond in connection with said contract providing that if said Principal or any of his or its subcontractors shall fail to pay for any materials, provisions, provender or other supplies used in, upon, for, or about the performance of the work contracted to be done or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Act, the Surety on this bond will pay the same to the extent hereinafter set forth; SPECIFICATION NO. 1032 NOW, THEREFORE, We the Principal and EXPLORER INSURANCE COMPANY as Surety, are held and firmly bound unto CITY OF NATIONAL CITY, hereinafter called "OWNER", in the penal sum of Sev ntt ,Q.n Thousand a ght Hundred eighty eight and no/100 DOLLARS ($ 17.888.00 lawful money of the United States of America, 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 or its subcontractors, heirs, executors, administrators, successors, or assigns shall fail to pay for any materials, provisions, provender or other supplies used in, upon, for or about the performance of work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act, as required by the provisions of Sections 4200 and 4208 inclusive Government Code, then said Surety will pay the same in or to an amount not exceeding the amount hereinabove set forth; and also will pay in case suit is brought upon this bond such reasonable attorney's fees, as shall be fixed by the Court, awarded and taxed as in the above -mentioned statute provided. This bond shall insure to the benefit of any and all persons companies and corporations entitled to file claims under Section 1192.1 of the California Code of Civil Procedure, so as to give a right of action to them or their assigns in any suit brought under this bond. 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 thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work or to the specification. LABOR -MATERIAL BOND (50% of Contract) -13A- PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in four (4) counterparts, each one of which shall be deemed an original, this the 15th day of June , 1,9 89 . STATE CONSTRUCTION COMPANY OF SOUTHERN CALIFORNIA. INC. Principal, , (Print or Type) BY: Rick Stadelman, President 15929 AVENIDA VFNUSTO_ SAN DUO 92128 Address (619) 592-9216 Phone Number Subscribed and sworn to before me this ,tea day of ..9-4Q-Alf- , 19 _V ` E 1/i �.MD NOTA � PUB UB S IN AND FOR COUNTY AND STATE OFFICIAL SEAL NANCY D. TEUFEL NOTARY PUBLIC - CALIFORNIA SAN DIEGO COUNTY My Comm. Expires July 26,1991 ( SEAL) My Commission expires 7- a-G - ?/ .0 se_«. Print or type name of affiant Subscribed and sworn to before me this 15h day of Jurl�, 19 89 N 'TAR PUBLIC IN AND FOR SAID COUIT14Y AND STATE OFFICIAL SEAL JEANETTE SEIDL NOTARY PUBLIC-CALIFORNIA PRINCIPAL OFFICE IN SAN DIEGO COUNTY My Commission Expires Nov. 27. 1992 (SEAL My Commission expires Ingrid Erika Crosby Print or type name of affiant NOTE: Date of Bond must not be prior to date of Contract LABOR & MATERIAL BOND (50% of Contract) -13B- 1 EXPLORER INSURANCE COMPANY Surety (Print or type) POST OFFICE BOX 80578 Surety Addres SAN DIEGO CALIFORNIA 92138-0578 (619) 297-7111 Surety Phone By Ingrid Er ttorney-in- act li-c-craXrnd-• ka Crosby POST OFFICE BOX 80578 SAN DIEGO CALIFORNIA 92138-0578 Address -Attorney-in-fact (619) 297-7111 Phone -Attorney-in-fact CORROON & BLACK-SAN DIEGO Surety Agent for Service of Process 1615 MURRAY CANYON ROAD #800 Address SAN DIEGO CALIFORNIA 92108 THE EXPLORER INSURANCE COMPANY HOME OFFICE: SAN DIEGO, CALIFORNIA Certified Copy of POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That THE EXPLORER INSURANCE COMPANY, a Corporation duly authorized and existing under the laws of the State of Arizona and having its principal office in the City of San Diego, California, does hereby nominate, constitute and appoint: Larry D. Cogdill Brian M. Kawamoto Ingrid Erika Crosby its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertakings. recognizonces or other written obligations in the nature thereof. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of THE EXPLORER INSURANCE COMPANY at a meeting duly called and held on the 22nd day of JULY, 1985, which said Resolution has not been amended or rescinded and of which the following is a true, full, and complete copy: "RESOLVED: That the President or Secretary may from time to time appoint Attorneys -in - Fact to represent and act for and on behalf of the Company, and.either-the President or Secretary, the Board of Directors or Executive Committee may at any time remove such Attorneys -in -Fact and revoke the Power of Attorney given him or her; and be it further RESOLVED: That the Attorney -in -Fact may be given full power to execute for and in the name of and on behalf of the Company any and all bonds and undertakings as the business of the Company may require, and any such bonds or undertakings executed by any such Attorney - in -Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Secretary." IN WITNESS WHEREOF, THE EXPLORER INSURANCE COMPANY hos caused its official seal to be here- unto affixed and these presents to be signed by its duly authorized officers this 21st day of December, 1988. THE EXPLORER INSURANCE COMPANY �nSUR apnek, c3(o �(�1414�_/ President lit da STATE OF CALIFORNIA: COUNTY OF SAN DIEGO On this 21st day of December, 1988 before the subscriber, a Notary Public of the State of California, in and for the County of San Diego, duly commissioned and quolified, come ERNEST RADY, President of THE EXPLORER INSURANCE COMPANY, to me personally known to be the individual and officer described in and who executed the preceding instrument, and he acknowledged the execution of the some, and being by me duly sworn, deposeth and soith, that he is the said officer of the Corporation aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of the said Corporation, _and that_ She said Corporate Seal and his signature as such officer were duly affixed and subscribed to• the' said instrument by the authority and direction of the said Corporation. IN WITNESS WHEREOF. I have hereunto set my hand and affixed my Official Seal, at the City of Son Diego, the day and year first above written. scat OFFICIAL SEAL NORMA PORTER Notary Public-Calitomia SAN DIEGO COUNTY My Comm. E. Jan. 8.1992 STATE OF CALIrUHNiA COUNTY OF SAN DIEGO SS: 1 Notary rublic I, the undersigned, JAMES W. AUSTIN. III, Secretary of THE EXPLORER INSURANCE COMPANY, do hereby certify thot the original POWER OF ATTORNEY, of which the foregoing is a full, true and correct copy, is in full force and effect, rand has not been revoked. IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary, onb affixed the Corporate Seal of the Corporation, this 15th day of June 19 89 THE EXPLORER INSURANCE COMPANY (A) . Secretary