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CC RESO 15,261
RESOLUTION NO. 15,261 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DECLARING R.E. HAZARD CONSTRUCTION COMPANY TO BE THE LOWEST RESPONSIBLE BIDDER AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH R.E. HAZARD CONSTRUCTION COMPANY WHEREAS, the City Engineer of the City of National City did in open session, on March 23, 1987, publicly open, examine and declare all sealed proposals or bids for doing the work and improvements described in Engineering Specifications No. 1002 for the reconstruction and overlay of Harbor Drive in National City. 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 reconstruction and overlay of Harbor Drive to the lowest responsive bidder, to wit: R.E. HAZARD CONSTRUCTION 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 R.E. Hazard Construction Company and the City of National City to provide for the reconstruction and overlay in National City. PASSED and ADOPTED this 7th day of April, 1987. ATTEST: IONE BELL George H. Waters, Mayor Ione Cbe11,.Cit Clerk APPROVEDRIdif er 1LLcf, got,. ME - 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 April 7, 1987 •.R.E. HAZARD CONSTRUCTION CO. •P.O. BOX 229000 •UNIVERSITY CITY STATION SAN DIEGO, CA 92122 Subj: RECONSTRUCTION AND OVERLAY OF HARBOR DRIVE Specification No. 1002 NOTICE OF AWARD OF CONTRACT Gentlemen: The City Council, at its regular meeting of April 7 , 1987 , awarded the contract for subject project to your company. In accordance with the contract documents, you are allowed ten (10) working days from the date of receipt of this Notice of Award of Contract to return all necessary contracts, bonds and insurance certificates to the City Engineer. Attached are four (4) copies of the Contract, the Performance Bond and the Labor/ Material Bond to be executed and returned to the City Engineer. Please be sure all signatures are notarized. If a corporation, be sure to emboss with the cor- porate seal. Please refer to Sections 7-3 and 7-4 of the Standard Specifications and the Sup- plemental General Provisions for the insurance requirements. All copies of the Certificate of Insurance must be received within the above -mentioned 10-day limit. Any contractors doing work in the City of National City are required to possess a current City Business License. If you do not already possess one, please fill out Business License application at Finance Department, City of National City, 1243 National City Boulevard, National City, CA 92050. If you have any questions, please contact my office. I look forward to working with your company on this City project and stand ready to offer any assistance you may need. Very truly yours, 4: JERRY C. STAFFORD City Engineer Attachs: A. 4 copies Contract, Peformance Bond and Labor/Material Bond B. 4 Copies of Bid Proposals C. Emergency Notification List cc: City Clerk file, C.B., J P. Certified Mail Return Receipt Requested CONTRACT SPECIFICATION NO. 1002 410 THIS AGREEMENT, made this, the day of , 19 , by and between City of National City hereinafter called "OWNER acting herein through its Mayor, and (1) , an individual doing business as (an individual) (a partnership) (a corporation) of the City of County of and State of hereinafter caiied "CONTRACTOR". WITNESSETH: That for andin 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 des- cribed as follows: RECONSTRUCTION AND OVERLAY OF HARBOR DRIVE hereinafter called the project, for - the sum of One hundred fifty four thousand, cevan hiinrlrpd fifty olie and .70/100 • Dollars (S154,751.70 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_tx_ and other accessories and services necessary to complete the sai:_ projt::_ ifrac asrdanc:o- 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 60 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 specified for completion. The OWNER agrees to pay the CONTRACTOR in current funds for the perfo.-mar:ce 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 re-) gistration of Contractors. ) ) LICENSE NO. ) ) LICENSE TYPE ) ) CITY LICENSE ) CITY OF NATIONAL CITY BY: Mayor BY: Contractor Official Title Business Address CORPORATE CERTIFICATE I, , certify that I am the Secretary of the corporation named as CONTRACTOR in the foregoing contract; that , who sinned s:.ici cr i ? waalf of the CONTRACTOR, was then - of said corporation; that said . contract was duly signed for and in behalf of said corporation by authority of its governing body and is within the scope of its corporate powers. (CORPORATE SEAL) INDIVIDUAL/PARTNERSHIP CERTIFICATE Subscribed and sworn to before me this day of , 19 NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE (SEAL) My commission expires Print or type name of affiant CONTRACT - 12 - LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: That WHEREAS; CITY OF NATIONAL CITY, by Resolution passed 19 has awarded to hereinafter designated as the "Principal", a contract for: RECONSTRUCTION AND OVERLAY OF HARBOR DRIVE SPECIFICATION NO. 1002 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 subcontra- ctors 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 as Surety, are held and firmly bound unto CITY OF NATIONAL CITY, hereinafter called "OWNER", in the penal sum of SEVENTY SEVEN THOUSAND, THREE HUNDRED SEVENTY FIVE AND .85/100 DOLLARS ($ 77,375.85 )_ 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 '. _ rrr.c:1a1 , Vs 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 Unemploy- ment 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 effect 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) -13 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 unsatis- fied. IN WITNESS WHEREOF, this instrument is executed in four (4) counterparts, each one of which shall be deemed an original, this the day of ,19 Subscribed and sworn to before me this day of , 19 Principal (Print or Type) By: NOTARY PUBLIC IN AND FOR SAID COUNTY (Title) AND STATE Address (SEAL) Phone Numoer My commission expires Print or type name of affiant. Subscribed and sworn to before me this day of , 19 Surety (Print or Type) NOTARY PUBLIC IN AND FOR SAID COUNTY Surety Address AND STATE (SEAL) My commission expires Print or type name of affiant. NOTE: Date of Bond must not be prior to date of Contract. r Surety Phone By Attorney -in -fact Address - Attorney -in -Tact Phone -Attorney -in -Tact Surety Agent for Service of Process LABOR & MATERIAL BOND (50". of Contract) _1 2 R- Address PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS; That WHEREAS, CITY OF NATIONAL CITY, by Resolution passed 19 , has awarded to hereinafter designated as the 'Principal' a contract for: RECONSTRUCTION AND OVERLAY OF HARBOR DRIVE SPECIFICATION NO. 1002 WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract; NOW, THEREFORE, We the Principal, and as Surety, are held and firmly bound unto CITY OF NATIONAL CITY, hereinafter called the "OWNER", in the penal sum of ONE HUNDRED FIFTY FOUR THOUSAND, SEVEN HUNDRED FIFTY ONE AND �L199 DOLLARS ($ 154,751 70 ),. 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 ahov-hcimc;ed Principal, shall perform the covenants, in the said contract in a man,itr 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 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, ex- - tension 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 shalt 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 unsatis- fied. IN WITNESS WHEREOF, this instrument is executed in four (4) counterparts, each one of which shall be deemed an original, this the day of ,19 Subscribed and sworn to before me this day of , 19 Principal (Print or Type) NOTARY PUBLIC IN AND FOR SAID COUNTY By: AND STATE (Title) (SEAL) My commission expires Print or type name of affiant. Address Phone Numoer. Subscribed and sworn to before me this day of , 19 Surety (Print or Type) NOTARY PUBLIC IN AND FOR SAID COUNTY Surety Address AND STATE (SEAL) My commission expires Print or type name of affiant. NOTE: Date of Bond must not be priot to date of Contract Surety Phone By Attorney -in -Tact ;+caress - Attorney -in -Tact Phone -.Attorney -in -fact Surety Agent for Service of Process Address PERFORMANCE BOND (100% of Contract) -14 6- 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 I•IORKING HRS. WORKING HRS. 1. 2. 3. EMERGENCY NOTIFICATION LIST - 15 - BIDDER'S PROPOSAL BID FOR UNIT PRICE CONTRACTS SPECIFICATION NO.1002 Proposal of ,� z¢,2 O e9AJ -72. Q , organized and existing under the laws of the State of �� * a , or an individual doing business as (hereinafter called "Bidder' *a C-ot7>vi�tfion To the City of National City, California (hereinafter called "Owner"). Gentlemen: The Bidder, in compliance with your invitation for bids for Reconstruction and OVerlay of Harbor Drive. 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 construction of the proposed project including the availability of materials and labor, hereby propose to 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 pric^_ arr_ 'co cover all expenses incurred in performing the work required under the Contract Documents, of which this proposal is a part. In case 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 com- plete the project within 60 working days thereafter as stipulated in the specifications. Bidder 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 specified for completion. Bidder acknowiedaes receipt of the following addendum: d- 2 * Insert corporation, partnership or individual as applicable. BIDDER'S PROPOSAL - UNIT PRICE - 5 - BIDDER'S PROPOSAL' SPECIFICATION NO. 1002 Bidder proposes to complete all work specified for RECONSTRUCTION AND OVERLAY OF HARBOR DRIVE, in accordance with the Plans and Specifications for the following unit price: ITEM APPROX. ITEM DESCRIPTION WITH NO. QUANTITY UNIT UNIT PRICE IN WORDS 1. L.S. L.S. Traffic Control @ ELEVP✓l T /4ACV Dollars and'a7..) Cents. 2. 13,091 S.F. Remove Existing Asphalt Concrete Pavement and Con- truct 4" Asphalt Concrete Over_10" Aggregate Base @ Ivs)o � Dollars �/ and (44.1 t .�P/ Cents. $ Z. V $ 3�5i'. UNIT PRICE AMOUNT IN FIGURES IN FIGURES $ I1000�v $II000 3. 2,456 S.Y. Pavement Cold Planing @-- 4. 17,670 T � ✓b and 5eve�vt 5. 1,392 TON 1.5 inch asphalt concrete overlay and Fyj1-ee,n Dollars Cents. S.Y. Pavement Reinforcing Fabric Dollars Cents. 111Li i f iR2e Dollars and Cents 6. 4,346 S.F. Remove and replace existing asphalt concrete in between crossing railroad tracks @ TWo Dollars and 1'S---{ Cents. IS $ ✓ $ 7�3(p4i o _ $ O. $ 12 307 $ 33 $ 457736 S $ 2.� ✓ $ 9178S. s 7. L S. L.S. Traffic Striping and1 Marking @ v.�21>/e T-h sAnJ c 1-1A\DVC ) Dollars oo ao ,RO Cents. $ 1Zloo—/$ 12.loo 8. L.S. L.S. Surveying @ lu,Roltb CMQ_ -lwNflfCD Dollars _o and L:+C�j Cents. $ Z/f0, $ Z/00 -5a- an d ITEM APPROX. ITEM DESCRIPTION WITH NO. QUANTITY UNIT UNIT PRICE IN WORDS 9. 80 L.F. 18" RCP -2000 D Cracking Load @ Pt Ffl' TTRee and Dollars Cents. 10. 79 L.F. 18" RCP -1350 D Cracking Load F l=r)' ► 1fe___ �e�'U Dollars Cents. UNIT PRICE AMOUNT IN FIGURES IN FIGURES $ 9-5-7 $ `1210—. $ S3. $ 4/87 11. L.S. L.S. Inlet Apron for Culvert per D-39 (Modified) @ .(,�(2✓) lM Me() Dolllars on and ^�-p Cents. $ HOC $ 100 12. L.S. L.S. Straight Type Headwallfor 18" RCP pp D-32 @ S j Kt/I } IM(iKr) Dollars oo and --52-12D.6016. Cents. $ i ixn. 13. L.S. L.S. Catch Basin per D-29 @ 06(-ITPel/I 4-41/1/1)rei7 Dollars and �p(Lp Cents. $ 180p�✓ $ (80Ci' 14. L.S. L.S. Rip rap Energy dissipator per D-40 description / @ Ye bl � 4LMO ed? l'a I Dollars a and Cents $ 750• $ 75) 15. L.S. L.S. Clearing and Grubbing IB rz' / Fain l-k t7RED Dollars and wpm Cents. $_3400.°c2v $ 3400-7 TOTAL AMOUNT OF sip �/yt,Q 1--J Vy1 p prep Ft m' (-u,hr 14/J5Avt $eve✓1 1- 14.11 e,� •1 1 '1^� 0- DOLLARS 7v AND Ve'`11'1 CENTS. $ /S'/75/ $ /51/ 757 -5b- 40* Bidder understands that the City of National City reserves the right to reject any or all 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 exe- cute the formal contract attached within 10 days and deliver a Surety Bond or Bonds as required. The bid security attached in the sum of /0 �� 6 e/ ($ ) is to become t e propert of the Owner in the event the contract and bond are not executed within the time above set forth, as li- quidated damages for the delay and additional expense to the Owner caused thereby. Licensed in accordance with ) Respectfully submitted, an Act providing for the re- ) gistration of Contractors ) By: LII,F. SE No. 7371 Z - ) LICENSE TYPE ) CITY LICENSE NO. NeP-7 ) Date: 3 ---"Z 3 �g- (Seal:, if bid is by corporation) U m© v Sionatu e KAI Fontana, Vice President Typed Name Subscribed and sworn to before me this .2347k day of YV\o-wa, , 19 5f7 NOTARY PUBLYC—i-trarrel—For sld County and State SEAL My commission expires Mo,r 1yy'] -R_ �vv1-nhlr Print or type name of affiant. BIDDER'S PROPOSAL - UNIT PRICE - 6 Business ddr'ess� 7 —oo (Phone Number) (Title) OFFICIAL SEAL DONALD A BERRY NOTARY PUBLIC - CALIFORNIA SAN DIEGO COUNTY My comm. expires MAR 25, 1987 BOND NO. 40012010120854 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, R. E. HAZARD CONTRACTING CO. as Principal and UNITED STATES FIDELITY AND GUARANTY COMPANY as Surety, are hereoy held and fliNliyErb vnn(un44 ie CITY OF NATIONAL CITY, as Owner in the penal sum of ziE Tn,TA1 4.4�/2tG,OWVNW 814) for which pay- ment of which, we 1 and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns. Signed this day of 414d01-1 , 19g7. 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 RECONSTRUCTION AND OVERLAY OF HARBOR DRIVE 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 bon;; ;ror his fa•it;iFul performance of said contract and for the payment of all persons perform- ing labor or furnishing materials in connection the,•ewith, and shall in all other respects perform the aareement 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 obliga- tions 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 WITNESS WHEREOF, 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. 7 Subscribed and sworn to before me this day of , 19 NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE (SEAL) My commission expires Print or type name of affiant. Subscribed and sworn to before me this %%, day of /%979/2C1/-74 , 198r7 NOTARY PUBLI.0T"`ev-FlIc1�UID COUNTY AND STATE 1041. ro OFFICIAL SEAL DONALD A BERRY NOTARY PUBLIC - CALIFORNIA SAN DIEGO COUNTY My comm. expires MAR 25, 1987 (SEAL) My commission expires rAcs-c 14C1 JACK G. LUPIEN Print or type name of affiant. BID BOND -B- R. E. HAZARD CONTRACTING CO. Princip By: R.R. Fontana, Vice Prealeat-) Address 5. tic �I Z LZ -g7-36ov Phone Number UNITED STATES FIDELITY AND GUARANTY COMPANY Surety (Print or Type Surety Address UNITED STATES FIDELITY_AND GUARAII CQUIPANY 2600 EAST NUTWOOD AVE. FULLERTON, CA 92631 a4 ' Surety ,hone. 17/Y- e7/- 3�t�a;1 , _, By irp C/ ,:,__ J CK G. LUPIEN Al tPirrle i-;;� k4• tc - Address^- Attorney - in -fact Ir I`' I A /2-9 G G' j - L3 / -/v(o Phone - Attorney -in -fact Surety Agent ror Service or Nrocess UNITED STATES FIDELITY AND GIIARANTY_CQMpAN? TIAADr 6,SZT NUTWOOD AVE.- FULLERTON, CA 92631 • „ Y � COPY OF RESOLUTION hernecessary %'hak ._ Weaa, it is for the effectual transaction of business that this Company appoint agents and attorneys with pow. • and authority;'toact for it and in its name in States other than Maryland, and in the Territories of the United States and in the Provinces and territoriesof Canada; Tfrel-cfore, be it Resolved, that this Company do, and it hereby does, authorize and empower its President or either of its Vice- Presidents in conjunction with its Secretary or one of its Assistant Secretaries, under its corporate seal, to appoint any person or persons as attorney or attorneys -in -fact, or agent or agents of said Company, in its name and as its act, to execute and deliver any and all contracts guaranteeing the fidelity of persons holding positions of public or private trust, guaranteeing the performances of contracts other than insurance policies and executing or guaranteeing bonds and undertakings, required or permitted in all actions or proceedings, or by law allowed, and Alsri,in its name and as its attorney or attorneys -in -fact, or agent or agents to execute and guarantee the conditions of any and all bonds, recognizances, obligations, stipulations, undertakings or anything in the nature of either of the same, which are or may by law, municipal or otherwise, or by any Statute of the United States or of any State or Territory of the United States or of the Provinces or territorts o Canada, or by the rules, regulations, orders, customs, practice or discretion of any board, body, organization, office or officer, local, Muni :palor otherwise, be allowed, required or permitted to be executed, made, taken, given, tendered, accepted, filed or recorded for the,'se jy ,Or protection of, by or for any person or persons, corporation, body, office, interest, municipality or other association or organhiaticti)whatsoever, in any and all capacities whatsoever, conditioned for the doing or not doing of anything or any conditions which may be,prcvjded for in any such bond, recognizance, obligation, stipulation, or undertaking, or anything in the nature of either of the same. r i l,1 ' Th e o d o r e G. Parks , an Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney given by said Company to Jack G. Lupien of ,San Diego, California , authorizing and empowering him to sign bonds as therein set forth, which, power of attorney has never been revoked and is still in full force and effect. ,And hdiifurther certify that said Power of Attorney was given in pursuance of a resolution adopted at a regular meeting of the Board o'f Directors of said Company, duly called and held at the office of the Company in the City of Baltimore, on the 25th day of Noverober,19at which meeting a quorum of the Board of Directors was present, and that the foregoing is a true and correct copy of said resolution, arid the whole thereof as recorded in the minutes of said meeting. 1n.,i'e,ilimony Whereof, I have hereunto set my hand and the seal of the UNITED STATES FIDELITY AND GUARANTY COMP,AN f”' MARCH 17, 1987 l i (Date) Assistant Secretary. CERTIFIED COPY GENERAL POWER OF ATTORNEY Na 9 3 210 Know all Men by these Presents: That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the State of Maryland, and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint Jack G. Lupien of the City of San Diego , State of California its true and lawful attorney in and for the State of California for the following purposes, to wit: To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, a certified copy Of which is hereto annexed and made a part of this Power of Attorney; and the said UNITED STATES FIDELITY AND GUARANTY COMPANY, through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said Jack G. Lupien may lawfully do in the premises by virtue of these presents. In Witness Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be sealed w�ttft its corporate seal, duly attested by the signatures of its Vice -President and Assistant Secretary, this 18 t h day of June)'ri ,A.D.1982 ) ,') \ 'f� UNITED STATES FIDELITY AND GUARANTY COMPANY. )' .' i ` James D. Rector ) ) ; )�� (Signed) By ", Vice -President. ( SEAL I;; }\ ,1il STATE OF MARYLAND, BALTIMORE CITY, 1 as: (Signed) Michael P. Hammond Assistant Secretary. On this 18th day of June , A. D. 1962 , before me personally came James D. Rector , Vice -President of the UNITED STATES FIDELITY AND GUARANTY COMPANY and Mi chae]. P. Hammond , Assistant Secretary of said Company, with both of whom F am personally acquainted, who being by me severally duly sworn, said that they, the said James D. Rector and'MS,,ghiael P. Hammond were respectively the Vice -President and the Assistant Secretary of the said UNITED STATES ;FIDELITY AND GUARANTY COMPANY, the corporation described in and which executed the foregoing Power of Attorney; that ttey ash knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was s. ftixeu) by Order. of the Board of Directors of said corporation, and that they signed their names thereto by like order as Vice -President and)Astnsta t Secretary, respectively, of the Company. )14y 4. ,mission expires the first day in July, A. D. 19 2 (S2AL1 ) ',' (Signed) I STATE OF MARYLAND BALTIMORE CITY, 1 Sct. Margaret M. Hurst Notary Public. I, Charles W. Mackey , J r . , Clerk of the Superior Court of Baltimore City, which Court is a Court'ol Record, and has a seal, do hereby certify that Margaret M. Hurst , Esquire, before whom the annexed affidavits were made, and who has thereto subscribed his name, was at the time of so doing a Notary Public of the State of'Mddcyland, in and for the City of Baltimore, duly commissioned and sworn and authorized by law to administer oaths and take acknot,+ledgment, or proof of deeds to be recorded therein. I further certify that I am acquainted with the handwritingof the said Notary, snd4vetily believe the signature to be his genuine signature. ) ' I in Testimony Whereof, I hereto set my hand and affix the seal of the Superior Court of Baltimore City, the same being a Court of Record. this 18 t h day of June , A. D. 19 82 (SEAL)) )' (Signed) Charles W. Mackey, Jr. Clerk of the Superior Court of Baltimore City. FS 3 (12.81) NON -COLLUSION AFFIDAVIT FOR EACH AWARDEE OF A PRINCIPAL CONTRACT Specification Number STATE OF CALIFORNIA ) ) ss COUNTY OF SAN DIEGO ) 1002 The undersigned, being first fully sworn, de oses and says that he is R.R. Fontana, Vice President , of E. -,Q� az#{,v herein called the CONTRACTOR, that the Contractor has submitted a bid in con- nection with a certain project located at National CCity California, and iden- tified as RECONSTRUCTION AND OVERLAY OF HARBOR R E that he is familiar with the circumstances affecting the pereparation and ma- king 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 othEur to ftx 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 in- directly, submitted his bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid ant will not pay any fee in connection therewith, to any corporation, partnership, com- pany, 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 _3 day of mow- 4. , 19 C 7 NOTARY PUBLIC- !-A4D- 02)SAID COUt'TY AND c- OFFICIAL SEAL DONALD A BERRY NOTAPY PUBLIC - CAUFORNIA SAN DIEGO COUNTY My comm. expires MAR 25, 1937 (SEAL) My commission expires 3- �c. - '1 Print or type name of affiant MUST BE ATTACHED TO BIDDER'S PROPOSAL NON -COLLUSION AFFIDAVIT 9 DESIGNATION OF SUB -CONTRACTORS In compliance 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 the conditions hereinafter set forth. Subletting or subcontracting of any portion of the work as to which no subcon- tractor 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 5Tg.tptk(7 -F4''Co �;�Ln PI,��t,t46 R��e�sic� C'rnn klver Ic1Q.. (Use additional sheets, as necessary, to list all su_:ont:actuf%) 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 vta.vi,o14bVerti 1. G.i-l' SQn MPTR.Co.S 'r45 bJeet.AZ 2.(owk-1-0 t S.D. sjeRatatS 3. �. �`(� C.►-N.A. U1 S14 4l� {4A.ASOVN 5f0vSn Fy.tak_CI"ItiCrit s,a. a, 4AAn4 ow lir •KeA. 7 3$ w .icr'r UJALrC.2- SIGNED: This 23Ycay 7Pi -Iosa sues -St7.� c�g>r -7/171 Z3Ca- SSZo 7 -Ib of , 19 E - /4Z,4;2.o Ce,v 7). DATE COMPLETED -84 Bideer s .;am By: DESIGNATION OF SUBCONTRACTORS/ - 10 - REFERENCE LIST Signature 7- 84 MUST BE ATTACHED TO BIDDER'S PROPOSAL