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HomeMy WebLinkAboutCC RESO 15,616RESOLUTION NO. 15,616 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DECLARING SIM J. HARRIS COMPANY TO BE THE LOWEST RESPONSIBLE BIDDER AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH SIM J. HARRIS COMPANY (ENGINEERING SPECIFICATION NO. 1019) WHEREAS, the Engineering Department of the City of National City did in open session, on MAY 9, 1988, publicly open, examine and declare all sealed proposals or bids for the resurfacing of various streets in National City (Engineering Specification No. 1019). 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 resurfacing of various streets in National City (Engineering Specification No. 1019) to the lowest responsive bidder, to wit: SIM J. HARRIS COMPANY 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 SIM J. HARRIS COMPANY and the City of National City to provide for the resurfacing of various streets in National City (Engineering Specification No. 1019). PASSED and ADOPTED this 17th day of May, 1988. GEORGE . W aRS, MAYOR ATTEST: ION CAMPBELL, CI Y CLERK APPROVED AS TO L.6RM: /J GEORGE H. EISER, III CITY ATTORNEY City of National City Office of the City Engineer 1243 National City Boulevard, National City, Ca. 92050-4397 (619) 474-8528 (619) 477-1181, EXT.73 Date: /o / fi / /9 BA Lite?, J. //errAr Ca. io.D. AIx .306y Sao D7eja . [►e• 91 /a3• Subject: ,Pe.fdrf#C/ng of ear/oaf. dree/r /n A/o/40n0/ Ciyy Engineering Specification No. /0/9 PRECONSTRUCTION CONFERENCE The City of National City has approved subject contract and accessory documents as submitted by your company. Enclosed you will find one fully executed original of the contract for your files. t A preconstruction conference has been scheduled for J,jee Pe 19 BR at /D Oe AM in the City of National City, Civic Center, second floor, conference room 1243 National City Boulevard, California. Atthis time you will have the opportunity to bring up any construction coordination problems with utilities. Particular attention should be given to any work by others than might affect your scheduling of work. If you have any questions regarding this matter, please contact my office. Cordially, Ael j City Engineer J C S:tcg xc: Con.rIre/ eol/on En,57in«r City Clerk, CERTIFIED MAIL • BIDDER'S PROPOSAL BID FOR UNIT PRICE CONTRACTS SPECIFICATION NO. 1019 Proposal of (hereinafter called "Bidder") • a cc/-Po0...,s+Tiar's , organized and existing under the laws of the State of Ata-v9�..G • a , or an individual doing business as To the City of National City, California (hereinafter called "Owner"). Gentlemen: The Bidder, in compliance with your invitation for bids for Resurfacing of Various Streets in National City. and appurtenances thereto, complete and in place, having examined the plans and specifications with related documents and the site of the proposed work, and being familiar with all of the conditions surrounding the contruction of the proposed project Including the availability of materials and Iebor, hereby proposesto furnish all labor, materials, and supplies and to construct the project in accordance with the Contract Documents, within the time set forth therein and at the prices stated below. These prices are to cover all expenses incurred in performing the work required under the Contract Documents, of which this proposal is a part. In ease of discrepancies between words and figures, the words shall govern, and in case of discrepancies between unit price and total, the unit price shall govern. Bidder hereby agrees to commence work under this contract on or before a date to be specified in written "Notice to Proceed" of the owner and to fully complete the project within 45 working days thereafter as stipulated in the specifications. Bidder further agrees to pay as liquidated damages, the sum of 200 for each consecutive calendar day that he is in excess of the time specified for completion. Bidder acknowledges receipt of the following addendum: •Insert corporation, partnership or Individual as applicable. BIDDERS PROPOSAL — UNIT PRICE -5- BIDDER'S PROPOSAL SPECIFICATION NO. 1019 Bidder proposes to complete all work specified in the following street resurfacing project for both base bid and additive bid: Fog sealing, chip sealing and striping of various streets in National City in accordance with the plans and specifications. The City of National City reserves the right to delete additive bid. The bid will be awarded to the responsible and qualified bidder who submits the lowest base bid. A. Base Bid A.1. Chip sealing of Roosevelt Avenue and McKinley Avenue. Bidder proposes to complete all work specified for the chip sealing and re - striping of Roosevelt Avenue and HcKinley Avenue, in accordance with the plans and specifications for the following unit prices: /TEM APPROX. ITEM DESCRIPTION WITS UNIT PRICE AMOUNT 9UANTITY UNIT UNIT PRICE IN WORDS IN FIGURES IN FIGUF 1. L.S. L.S. Traffic Control @ N//VE 7Zx s 9iIO Ne1NpE.EO N',NET/-5/1L Dollars and Cents. $ — $9414ite 2. 4,500 S.F. Remove existing asphalt concrete pavement and construct 4" asphalt concrete over 10" aggregate base @ k-• Dollars and ary Cents. $ 4.70 3. 470 TON 5/16 X No. 8 Screenings @ F-r/--T}/.F and e5/4,yrry $3c;.,/5r Dollars Cents. $ 53.80 $075,a&$: 4. 60 TON Asphalt Emulsion @ - Al/ Ne. and tile, Dollars - Cents 5. 270 GAL. Latex Rubber Additive (Ultra Pave 70) @ and ^vo Dollars t.ents. 6. 5000 L.F. Crack Sealing @ c'�n'E Dollars and 77. .c>ry 5e', Cents. 7. 90 L.F. Remove curb and construct curb $ /69.00 $ 4.o0 $ 2.40 $ / z 7 $ 6,aco! and gutter per Standard Drawing G-2 at -7-7l -7me EC' Dollars and �-0 vey Cents. $ $ 3, o'12 ! M -5a- ITEM APPROX. ITEM DESCRIPTION WITS UNIT PRICE AMOUNT 0. QUANTITY UNIT UNIT PRICE IN WORDS 7N FIGURES, ,TN FIGU 8. 1568 S.F. Remove x-gutter and construct cross gutter standard drawing G-12 and G-10 F612c4e. Dollars and FTy Cents. $ 4•90 $•7,os 9. 1 L.S. Raise survey.monument cover to .rl�� finished pavement g ade E� ✓E Nc„vn� @ mod" 7.an Ko J0 Skyo✓ Seel4�Ty'F`vzr Pt-% Dollars • AIc, and !o Cent:. $ 10. L.S. L.S. Traffic striping and marking @ r4AE.7Ncxr5AL2,J • /.&,A o ec--n Dollars and A/O Cents. 11. 15 TON Asphalt Concrete leveling course E�Er y rj/-c�E Dollars and Mo Cents. $ P%, on $ /,2r5 12. L.S. L.S. Clearing and grubbing @ ti��c TNovSA.t+�a PUE L•/U. iO4.67 -7ZV ,7Z7 and Ado Dollars Cents. $ ..- 12-A L.S. L.S. Surveying and ; dVo 464, Dollars Cents. TOTAL AMOUNT OF BASE BID C"-' /-1C-Md. .ec) -Tr,JO MI0475.4.vA, Fou.- Iac.r7C-ry-s�-vo✓ ($ /0y57. c%c3 )• DOLLARS AND CENTS $45.7 $3co • -5b- B. Additive Bid B.1. Fog sealing and restriping of Cleveland Avenue, And Wilson.Avenue. Bidder proposes to complete all work specified for the fog sealing and restriping of Cleveland Avenue and Wilson Avenue, in accordance with the plans and specifications for the following unit prices: ITEM APPROX. ITEM DESCRIPTION WITH UNIT PRICE AMOUNT NO. QUANTITY UNIT UNIT PRICE IN WORDS IN FIGURES IN FIGURE 13. L.S. L.S. Traffic Control @ 1 # zE>= 77400..5WAJO 77iRcc,At„t,/4.4.E77 '7�e%J7�-,E14 f7 Dollars and No Cents. $ -� 14. 11 TON Asphalt Emulsion @ T a JUmvo.Ed F04.-ry-Dollars and �/ O Cents $ 244). p° $ 270& • 15. 30 L.0'. Crack Sealing @ Dollars and .&fo Cents.$ /O. oo $ 300 0' 16. L.S. L.S. Traffic striping and marking ret-44. 7?,bis4.c.14 P,n TV F. 'O Dollars and R.1v Cents. $ L S $ t//ST:L 17. 10 TON Clean Sand@ /i c HcAtio ) Si �7y -4 iS N7 Dollars 36� ° ° 3(� and /1.l0 Cents. $ 18. L.S. L.S. Clearing and grubbing @ 5E4'1 E.Iuu p S;k.TV/E)t,Z Dollars and &It Cents. $ et S $ 76900 19. L.S. L.S. Surveying @ o4c_ ,Ju,,DEED Fii 7EEC� Dollars and Afe Cents $ LS TOTAL AMOUNT OF ADDITIVE BID F F7 i 77-740uS/9.1..,, 7 4A4!7y-c./4iJ7 DOLLARS AND n./O CENTS. ($ /5.036.00 ) -5c- Total Base Bid Amount $ /10,4/S7.4d Total Additive Bid Amount $ 75, 00.6 • oo '5a1AEX21SeW Ti-IocA5/?. JO Total of Both .4.4.10,P-Eo - F+I/6 Dollars and /•fD Cents. ($ i/71,19SGa ) -5d- 0 ARY and State Bidder understands that the City of National City reserves the right to reject any or aU bids and/or waive any informalities in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of 30 calendar days after the scheduled closing time for receiving bids. Upon receipt of written notice of the acceptance of this bid, Bidder will execute the formal contract attached within 10 days and deliver a Surety Bond or Bonds as required. The bid security attached in the sum of T'V s _'7 c for/ic-B ($ /09c) ) is to become the property of the Owner in the event the contract and bond are not executed within the time above set forth, as liquidated damages for the delay and additional expense to the Owner caused thereby. Licensed in accordance with ) an Act providing for re- ) gistration of Contractors ) ) LICENSE NO. o 9 7 3 2- ) ) LICENSE TYPE '9 ) z .e c' ) CITY LICENSE NO. .7 ) (Seal, if bid is by Corporation) Subscribed and sworn to before me this 9 day of "2709 y ekS BLIC in and for said County SEAL My commission expires 6 _ /s`-77 1-' Print or type name of affiant. OFFICIAL SEAL LILA M. HOHRMANN NOTARY PUBUC.CAUFORNIA PRINCIPAL OFFICE IN SAN DIEGO COUNTY MyColmmiaeion Exp. June 14.1991J BIDDER'S PROPOSAL - UNIT PRICE -6- Respectfully submitted, /'/1 BY: V Signature g.�7 T• s+'s2fae o . Typed Name Title Date: #9/ �� /9B6 .7'.©.,re___ 9 (Business Address) ( 7_) 2 77- (Phone Number) BID BOND KNOB ALL MEN BY THESE PRESENTS, that we, the undersigned, .ir» /,/X).P�4-1.0 ecsti,09'/ as Principal and c Qe 7 c.lvs 7—>/ Cse".wv.' 4iC)/ as Surety, are hereby hel and firmly bound unto the City of National City, as Owner In the penal sum or/O%) Te.1 �?ri7z cAvErT1—t"--�>AG Z3i) for which payment of which, well an truly to be made, we hereby jointly and severally bind ourselves, ow heirs, executors, administrators, successors and assigns. Signed this 9 day of r.7,.1) , 19 __. The condition of the above obligation is such that whereas the Principal has submitted to THE CITY OF NATIONAL CITY, a certain Bid, attached hereto and hereby made a part hereof to enter into a contract in writing, for RESURFACING OF VARIOUS STREETS IN NATIONAL CIS' NOW, THEREFORE, (a) If said Bid shall be rejected, or, in the alternate (b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attached hereto (properly completed in accordance with said Bid) and shall furnish a bond for his faithful performance of said contract and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid, then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Owner may accept such Bid; and said Surety does hereby waive notice of any such extension. IN AITN ESS % H E R E O F, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. • -T- Subscribed and sworn to before me this 7 day of /�.9= , 19.91' .. 2/ �� ARY P BLIC IN AND FOR SAID COUNTY D STATE OFFICIAL SEAL LHA M.HOHRMANN NOTARY PUUUC-CNJFORNIA PRINCIPAL OFFICE IN SAN DIEGO COUNTY lAWC011YniNi011 Exp. Jane 14.1991 (SEAL) My commission expires % - ice- /`%/ —' / /`l9, Print or type name of affiant. Subscribed and sworn to before me this day of�4. , 19/':F0 cc i 0 ARY PUBLIC IN AND FOR SAID COUNTY A D STATE OFFKIAL SEAL ULA M. HO RH MANN NOTARY PUBLIC•CALIFORNIA PRINCIPAL OFFICE IN SAN DIEGO COUNTY My Carxmosion Esp. June 14.1991 (SEAL) My commission expires S.-i4-9? Print or type name of affiant. BID BOND Sir)? .T /;.E', S eia Principal By: %� (Print or Type) 7:77-a ..Fit-kc_ 9 Address ��.LJ art /6/9)z7-7-5S // Phone Number 5EP94qese9.,2J0 .sc2,i'717, Surety (Print or Type) Surety Addre s r 9'%c^n (7,4L) - /7 // Surety,Phdne By(Y-/' 4_4e. ACe`3 Attorney -in -fact Address - Attorney -in -fact % i9) ? 77- S'�d / Phone - Attorney -in -fact Surety Agent for Service or Process /i; t-.0 -"1-j cJ . Address _ ►M�' inET t ? tP� _ I--- J J TOWER OFArTO RNE _r_�`�� 3l LL MEN BY- HESE PRESE#i 5 tat A iD ET PA i _ #t4eSate of: ew York has , constituted PPoi ted and ese s does ake stit grid t3 JCarol �rak `man D ego, California — — — — trueandiawtut-Attorne -in act omake,exew#eanddeliverenitsbehaifinsurance iciess bonds,brtdertakingsand trer instruments # Similar atwe as low; = ilo :one instrument to= cceed e penai_-um of - J 'WO II rLION_FIVE itiNDRED THOUSAND AND 0/100 ($23,5fl0 i 0.09 DOLLARS - nlle _gym Harris� - ucfl insurance policies; suretybonds,-undertakings and instruments for said purposes, when duly executed by the aforesaid -Attorney-in-Fact, shall be binding upon the said Company as fully and to the same extent as if signed by the duly authorized officers of the Company -and sealed with its -corporate seal; and all the acts of said Attorney -in -fact, pursuant to the authority hereby given, are hereby ratified and ctntfirtr ecf_< _ _ — -- : - -This appointment is made pursuant lathe following By -Laws which were duly adopted by the Board of Directors of the said Gorripany on December 8th, 1927, with -Amendments to and including January 15,1982 and are still in full iorceand effect ARTICLE Vil. SECTION t; = =� _ - oiicies, bonds, rec nizances, stipulations, -Consents of sure underwrlti _ 09 sthPhtta b, ng undertakings and instruments relating thereto = -Insurance policies. bonds, recognizances,stipulations, consents of suretyand underwriting undertakings of the Company, and releases,agreemenis and other writings relating in any way thereto or -to any claim or toss thereunder; shall be signed in the name and on behalf of the Company (a) by the Chairman ofthe Board,thePresident 3Vice-President or a Resident Vice -President and by the Secretary, an Assistant Secretary, a Resident S,cretary or a Resident Assistant Secretary: or (b) by an Attorney -in -Fact for the Company appointed and authorized by the Chairman of the Board, the 4'resident or a Vice -President -to make such signature; or lc) by such other officers or representatives as the Board may from time to time -determine. - The seal of the Company shall if appropriate be affixed thereto by any such officer, Attorney -in -Fact or representative.` IN WITNESS WHEREOF, SEABOARD SURETY COMPANY has caused these presents to be signed by one of its Vice - ''residents, and its corporate seal to be hereunto affixed and duly attested by one of its Assistant Secretaries, this 3 rd day of . March == 19.81 -STATE OF NEW JERSEY COUNTY OF SQMEiSET din this At^ Assrstant Secretary' e-President; _ tt �. Ouns ersen ....... 19 $1_, ._, before me personally appeared __ .... _„ _._ �;_,,.- -a Vice -President of SEABOARD SURETY COMPANY, t whom I am personally acquainted, who, being by me duly sworn, said that he resides in the State of ._I! ew _.Xork._._, he is a Vice -President of SEABOARD SURETY COMPANY, the corporation described in and which executed the foregoing - rument; that he knows the corporate seal of the said Company, that the seal affixed to said instrument is such corporate seal; it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto as Vice -President of Company by 'like authority = z _ -1,_:-.,-;_-_--_,.. _ FELICE M. ATAI.ANO NOTARY PUBLIC DP- JERSEY �Y Commission -- � —` � -• P une4,1991 CE RTIF--GATE 1, the undersigned Assistant Secretary 01 SEABOARD SIJRETV 0MPANYdo herebycertifythat the originat Powerof Attorney of which the foregoing is full.true and correct copy. is in full force and effect on the date of this Certificate and t do further certify that the Vice -President who executed the said Power of Attorney was one of the Officers authorized by the Board of Directors to appoint an attorney -in -fact as provided in Article VII, Section 1, of the By -Laws of SEABOARD SURETY COMPANY - - - -- _ - _ _ _ , -- This Certificate maybe signed and crated by facsimile under affif by authority of the following resolution of the Executive Committee of the Board of _ -Directors of SEABOARD SURETY COMPANY at a meeting duly called and held on the 25th day of March 1970. - = __ -_- _' RESOLVED-42) That the use of a printed facsimile of the corporate seal of the Company and of the signature of an Assistant Secretary on any - certification of the correctness of a copy of an instrument executed by the President or a Vice -President pursuant to ArticleVil, Section 1, of the By -Laws appointing and authorizing an attorney -in -fact to sign in the name and on behalf of the Company surety bonds, underwriting undertakings or other instrurents described m_ said Aitide VIL Section 1. with ike effect as lif such seal and such signature had been Manually affixed and made. hereby is arrtharize4 and approver- _ , � __�_ -_ -�_ � _ " _ — =_ -- _ -. _ _ -, IN WITNESS WHEREOF, bave hereunto set rriy hand and affixed the corporate seal of the Company to these presents this Qr S:/RETYr s=_...:�=ayof f?-- - 19 i�� = te -.nn �- ��` .w For verification of the authenticity of this Power of Attorney you may call, collect, 212-943-7440 and ask for the Power of Attorney clerk. Please refer to the Power NON -COLLUSION AFFIDAVIT FOR EACH AWARDEE OF A PRINCIPAL CONTRACT SPECIFICATION NUMBER 1019 STATE OF CALIFORNIA ) ) ss COUNTY OF SAN DIEGO ) The undersigned, being first fully sworn, deposes and says that he is of 9 herein called the CONTRACTOR, that the Contractor has submitted a bid in connection with a certain project located at National City, California, and identified as RESURFACING OF VARIOUS STREETS IN NATIONAL CITY that he is familiar with the circumstances affecting the preparation and making of such bid and is properly qualified to make this affidavit; that such bid is not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization or corporation; that such bid is genuine and not collusive or sham; that the Contractor has not directly or indirectly induced or solicited any other bidder to put in false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or any one else to put in a sham bid, or that any one shall refrain from bidding; that the Contractor has not, in any manner, directly or indirectly sought by agreement, communication or conference with any one to fix the bid price of the Contractor or of any other bidder, or to fix any overhead, profit, or cost element and such bid price, or of that of any other bidder, or to secure any advantage against the entity awarding the contract, or any one interested in the proposed contract; that all statements contained in such bid are true; and, further that the Contractor has not directly or indirectly submitted his bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid and will not pay any fee in connection therewith, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, or to any other individual except to such person or persons as have a partnership or other financial interest within his general business. Subscribed and sworn to before me this I da of /27 , 19 ,eS TARY PUBLIC IN AND FOR SAID OUNTY AND STATE SEAL My commission expires Print or type name of affiant Contractor TITLE) M Date: -' OFFICIAL SEAL LILA M. HOHRMANN IFORNNOT*A PRINCIPAL IN SAN DIEGO ONNANAIon Ego. Jo* 14 M.1991 MUST BE ATTACHED TO BIDDER'S PROPOSAL NON -COLLUSION AFFIDAVIT -9- �,.tOi.r_1�j DESIGNATION OF SUB -CONTRACTORS In eomplianee with the provisions of Sections 4100-4107 of the Government Code of the State of California, and any amendments thereof, each bidder shall set forth below the name and the location of the mill, shop or office of each subcontractor who will perform work or labor or render service to the contractor in or about the construction of the work or improvement to be performed under these specifications, and the portion of the work which will be done by each subcontractor. If the contractor fails to specify a subcontractor for any portion of the work to be performed under the contract he shall be deemed to have agreed to perform such portion himself, and he shall not be permitted to subcontract that portion of the work except under conditions hereinfater set forth. Subletting or subcontracting of any portion of the work as to which no subcontractor was designated In the original bid shall only be permitted in accordance with provisions of the Government Code of California. Division of Work Subcontractors Address ::.-5-7.•/. ,-. c7 ,9,0 e, 9,-) .7-7-(716.• / •GSoa-c S'i (Use additional sheets, as necessary, to list all subcontractors) •**************************************************s************************* REFERENCES: List five different project references (for projects on which the bidder has performed a similar type of work in the past three years) Name of Agency Name of Official Phone Date Completed 1. CiTy cs� A-441-r oxi still (spry 3 - V2cn /96r 2. C, 7 c' .t 4>. n,„,.k. C? y 33 - i<Zoo �'1G> , ,%. $. Coc..v7y Si)SFAS--? /t�p / . %ri14 4. C.ry &He,/ 6�i- 5c> / / 99,7 5. �iTy �fc� o•c�c��oa '7�fi- r!6/6, .%Q tJ iSd? SIGNED: /This 9 day of /.'r,' / , 19 __ . MUST BE ATTACHED DESIGNATION OF SUBCONTRACTORS/ REFERENCE LIST /✓f94�i&,1S (rc, • Bidder's Name By: i/4i'��,'Aleee4GLli1 Signature /�? E -_(_1..c./1 TO BIDDER'S PROPOSAL -10- CONTRACT SPECIFICATION NO. 1019 THIS AGREEMENT, made this, the 25 day of May , 19 88 , by and between City of National City hereafter called "OWNER", acting herein through its Mayor, and (1) SIM J. HARRIS , ah individual doing business as (a &YdittiSitlit)41X tli liitMa corporation) of the City of SAN DIEGO County of San Diego and State of California hereinafter called "CONTRACTOR". WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER, the CONTRACTOR hereby agrees with the OWNER to commence and complete the construction described as follows: RESURFACING OF VARIOUS STREETS IN NATIONAL CITY hereinafter called the project, for the sum of One hundred seventeen thousand four hundred ninety-five Dollars ($ 117,495.00 ) 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 45 working days thereafter. The CONTRACTOR further agrees to pay, as liquidated damages, the sum of $ 200.00 for each consecutive calendar day that he is in excess of the time specifiedfor 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. CITY OF NATIONAL CITY By: By: SIM J. HARRIS COMPANY Licensed in accordance with ) an Act providing for the ) registration of Contractors. ) ) R.F.K1PP ' Official✓f'n{le rJxsT PRESIDENT LICENSE NO. 97352 ) P.O.BOX 3069 Contractor l 4: ) SAN DIEGO, CA 92103 Business Address LICENSE TYPE A ) 79798 ) CITY LICENSE ) CORPORATE CERTIFICATE I, Wallace E. Ray , certify that I am the Assistant Secretary Secretary of the corporation names as CONTRACTOR in the foregoing contract; that R. F. Kipp , who signed said contract on behalf of the CONTRACTOR, was then First Vice Presidentof 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) Wallace E. Ram; Assistant Secretary INDIVIDUAL/PARTNERSHIP CERTIFICATE SubserIbed and swornMtao before me s day of y , 19 %i0 AR' Y PUBLI ; . �_ _� : _ :. _•_ _ a UNTY AND STATE OFFICIAL SEAL IAA M. HOHRMANN NOTARY Pueuc-cAUFORNIA PRINCIPAL OFFICE IN SAN DIEGO COUNTY M Camps= ESP. June 14. 1991 (SEAL) //�/ My Commission Expires Wallace E. Ray Print or type name of affiant CONTRACT -12- BOND NO. 141517 88 LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: That WHEREAS; CITY OF NATIONAL CITY, by Resolution No. passed May 17, 1988 , 19 has awarded to Sim J. Barris Company hereinafter designated as the "Principal", a contract for: RESURFACING OF VARIOUS STREETS IN NATIONAL CITY. SPECIFICATION NO. 1019 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; NOW, THEREFORE, We the Principal and Seaboard Insurance Company as Surety, are held and firmly bound unto CITY OF NATIONAL CITY, hereinafter called "OWNER", In the penal sum of Fifty eight thousand seven hundred forty-eight DOLLARS ($ 58,748.00 ) 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 execyuted in four (4) counterparts, a eh one of which shall be deemed an original, this the day of May 19 Subscribed and sworn to before me this 26 day of May , 19 88 NOTARY PUBLIC IN AND FOR SAI • COUNTY A ` • ««,� OFFICIAL SEAL LIU M. HOHRMANN NOTARY PuaLIC-CALIFORNIA S,l►PAL OFFICE IN ,O COUNTY Commissl n Esp. June 14. 199 My Commission expires 6//s7/9/ R.F. Kipp Print or type name of affiant Subscribed and sworn to before me this 26 day /of , Mav l /i, 19 NOTARY PUBLIC IN ND FOR SAID COUNTY AND STATE oFFICUL SEAL LILA M. HOHRMANN NOTARY PUBLIC•CALIFORNIA PRINCIPAL OFFICE IN SAN D EGO COUNTY My Commission Exp. June 14.1991 (SEAL) to// My Commission expires it Carol Frakes Print or type name of affiant NOTE: Date of Bond must not be prior to date of Contract SIM J. HARRIS COMPANY Principal (Print or Type) By: ✓/`/� R,F.Kipp (Title) Far`/Vice President P.O. Box 1069 San DiPgn . CA 921 01 Address (619) 277-5481 Phone Number SEABOARD SURF'TY COMPANY Surety (Print or type) 19700 Fairchild - #130 Surety Addres Irvine, CA 92715 (714) 851-1911 Surety Phone By: ( ` . `//4 e'e Attorney -in -fact Carol Frakes Sim J. Harris Company PO Box 3069 San Diego, CA 92103 Address -Attorney-in-fact (619) 277-5481 Phone -Attorney-in-fact Mr. Charles Day, Manager Surety Agent for Service of Process 19700 Fairchild, #130 A Irvine, CA 92715 LABOR & MATERIAL BOND (50% of Contract) -1313- BOND NO. 141517 88 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS; That WHEREAS, CITY OF NATIONAL CITY, by Resolution No. passed Mav 17 19, 88 has awarded to SIM J. HARRIS Loll -I- QY hereinafter designated as the "Principal" a contract for: RESURFACING OF VARIOUS STREE' �2N NATIONAL CITY. SPECIFICATION N0. 1019 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 SEABOARD SURETY COMPANY as Surety, are held and firmly bound unto CITY OF NATIONAL. CITY, hereinafter called the "OWNER", In the penal sum of One hundred seventeen thousand four hundred ninety-five DOLLARS (_ 117/495.00 ), 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 tree 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 Ms 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 OWNER, 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) -14 A- 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 1%HEREOF, this instrument is executed in four (4) counterparts, each one of which shall be deemed an original, this the 26 day of Mav p 19 Subscribed and sworn to before me this 26 , day(of May 19 88 Principal (Print or Type) NOiA i,. (Tiri4iY-st 'e-President - [� G ��r rr�.«�� By: RY PUBLIC IN AND FOR SAID u T: u C UN TN, AN OFFICIAL SEAL LHA M. HOHRMANN NOTARY PUBLIC-CALIFORNIA PRINCIPAL OFFICE IN SAN DIEGO COUNTY u, >*. June 14. 1991 My Commission expires 6`/ R.F.Kipp Print or type name of affiant SIM J. HARRIS COMPANY .O.Box 3069 San Diego, CA 92103 Address (619) 277-5481 Phone Number Subscribed and sworn to before me this SEABOARD SURETY COMPANY d of ;9 Surety (Print or Type) C 19700 Fairchild, 4130 ARY PUBLIC IN A D FOR SAID NO UNTY AND STATE CmICIAL SEAL LILA M. HOHRFr.:'N NOTARY PUBLIC-CALIFORNIA PRINCIPAL OFFICE IN SAN DIEGO COUNTY My CamnessiOn Exp. June 14.1991 (SEAL) My Commission expires Carol Frakes 9/ Print or type name of affiant Surety Address Irvine, CA 92715 (714) 851-1911 Surety Phone i Bys C1�' Attorney -in -fact Carol Frakes Sim J. Harris Company Address - Attorney -in -fact P.O.Box 3069 San Diego, CA 92103 (6191 777-4R11 Phone - Attorney -in -fact NOTE: Date of Bond must not be prior to date of Contract Mr. Charles Day, Manager Surety Agent for Service of Process 19700 Fairchild, #130 Address Irvine, CA 92715 PERFORMANCE BOND (100% of Contract) -14B- EMERGENCY NOTIFICATION LIST The Contractor shall provide the names, addresses and telephone numbers of three different responsible persons who can be contacted in an emergency situation who will have the authority to act in the Contractor's absence. PHONE • > During After NAME ADDRESS working hours Working hours 1. Bill Duke Sim J. Harris Co. 2. Paul Mooney 3. Larry Thompson POBox 3069 San Diego, CA 92103 277-5481 474 3588 277-5481 • 292 8006 277-5481 486 4125 •EMERGENCY NOTIFICATION LIST -15-