Loading...
HomeMy WebLinkAbout2004 CON Frank & Son Paving - Street Resurfacing Project FY 03-04ORIGINAL CONTRACT NATIONAL CITY STREET RESURFACING PROJECT, FY 03-04 SPECIFICATION NO. 03-1 1 THIS CONTRACT made and entered into this 17 day of August 2004 by and between the City of National City, California, herein after designated as the "City", and Frank and Son Paving, Inc. hereinafter designated as the "Contractor". WITNESSETH: that the parties hereto do mutually agree as follows: 1. For and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the City, the Contractor agrees with the City to furnish all materials and labor for: NATIONAL CITY STREET RESURFACING PROJECT, FY 03-04 SPECIFICATION NO. 03-11 and to perform and complete in a good and workmanlike manner all the work pertaining thereto shown on the plans and specifications therefore; to furnish at his own proper cost and expense all tools, equipment, labor and materials necessary therefore; and to do everything required by this agreement and the said plans and specifications. 2. For furnishing all said materials and labor, tools and equipment, and doing all the work contemplated and embraced in this Contract, also for all loss and damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the work until its acceptance by the City and for all risks of every description connected with the work; also, for all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as in said specifications are expressly stipulated to be borne by the City and for well and faithfully completing the work and the whole thereof, in the manner shown and described in the said plans and specifications, the City will pay and the Contractor shall receive in full compensation therefore the lump sum price, or if the bid is on the unit price basis, the total price for the several items furnished pursuant to the specification, named in the bidding sheet of the proposal, as the case may be. 3. The City hereby promises and agrees to employ, and does hereby employ said Contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to for the price aforesaid and hereby conditions set forth in the specification; and the said parties for themselves, their heirs, CONTRACT (CONTINUED) NATIONAL CITY STREET RESURFACING PROJECT, FY 03-04 SPECIFICATION NO. 03-11 executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained. 4. The Notice Inviting Bids, Instructions To Bidders, Bid Proposal, Bonds, The Plans and Specifications, General Provisions and Special Provisions, and all amendments thereof, are hereby incorporated in and made part of this Contract. 5. The Contractor shall assume the defense of and indemnify and save harmless the City of National City and its officers, employees, and agents, including the private engineer, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from this Contract, or the performance of the work, regardless of responsibility or negligence. 6. Claims, disputes and other matters in question between the parties to this Contract, arising out of or relating to this Contract or the breach thereof, may be decided by arbitration if both parties to this Contract consent in accordance with the rules of the American Arbitration Association then obtaining unless the parties mutually agree otherwise. No arbitration arising out of or relating to this Contract, shall include, by consolidation, joinder or in any other manner, any additional person not a party to this Contract except by written consent containing a specific reference to this Contract and Signed by CONTRACTOR, CITY, and any other person sought to be joined. (Any Consent to arbitration involving an additional person or persons shall not constitute consent of any dispute not described therein or with any person not named or described therein.) This agreement to arbitrate and any agreement to arbitrate with an additional person or persons duly consented to by the parties to this Contract shall be specifically enforceable under the prevailing arbitration law. Notice of the demand for arbitration is to be filed in writing with the other party to this Contract and with the American Arbitration Association. The demand is to be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event is the demand for arbitration to be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. The award rendered by the arbitrators shall be final and judgement may be enter upon it in accordance with applicable law in any court having jurisdiction thereof CONTRACT (CONTINUED) NATIONAL CITY STREET RESRUFACING PROJECT, FY 03-04 SPECIFICATION NO. 03-11 7. The Contractor agrees to comply with all Local, State and Federal regulations and with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970 (42 U.S.C. 1857 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) as amended. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed in three counterparts, each of which shall be deemed an original the day and year first above written. CONTRACTOR: CITY: By: jlL2 :� '�� -ALICI ; �TA�d��. SENT Title: PRESIDENT By: Titl Federal ID. No. 33-033-7594 By: Title: Mayor, City of National City ATTEST: By: Title: City Clerk, City of National City (Notarial acknowledgement of execution by all PRINCIPALS OF CONTRACTOR must be attached.) CONTRACT (CONTINUED) NATIONAL CITY STREET RESURFACING PROJECT, FY 03-04 SPECIFICATION NO. 03-11 CORPORATE CERTIFICATE I, FRANCISCO VASQUEZ certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that ALICIA VASQUEZ , who signed said contract on behalf of the Contractor, was then PRESIDENT of said Corporation; that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers. I, FRANCISCQ VASQUEZ certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that ALICIA VASQUEZ , who signed said contract on behalf of the Contractor, was then PRESIDENT 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 ALL-PURPOSE ACKNOWLEDGMENT Cyt��C �v� �: >'���C���Y �>'.�4�5,����L�..'��av�35��C���C!•aC;a���C!�v�erwS��S!aL?..2 State of California County o On Date personally appeared 1 before me, c2t.2Q / i" (o SIV A 1NEZ CASTRO Commission # 1432379 Notary Public - California San Diego CouMfr [ Ph/Comm. E>tpirosJul 26, 2007 Name and Title of Officer (e.g., "Jane Doe, Notary Public') Name(of Signer(s) '4ersonally known to me ❑ 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. WIT my hand and official seal. gnature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: "1 r Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited E General ❑ Attomey-in-Fact ❑ Trustee ❑ Guardian or Conservator E Other: Signer Is Representing: RIGHT THUI OF SIG PRINT R Top of thumb here if m 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • 0 A A A .nationalnotary.org Prod. No. 5907 Reorder: Call Toll -Free 1-800-576-6827 CONTRACT (CONTINUED) NATIONAL CITY STREET RESURFACING PROJECT, FY 03-04 SPECIFICATION NO. 03-11 PARTNERSHIP CERTIFICATE STATE OF ) ss COUNTY OF ) On this day of , 2004, before me, the undersigned, a Notary Public in and for said County and State, personally appeared: (Notarial 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: Bond #CAC 2787 Premium $9,164.00 PERFORMANCE BOND NATIONAL CITY STREET RESURFACING PROJECT, FY 03-04 SPECIFICATION NO. 03-11 KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City Council of the City of National City, by Resolution No. 2004-163 passed the 17 day of August, 2004 has awarded to_Frank and Son Paving Inc., hereinafter designated as the "Principal", the National City Street Resurfacing Project, FY 03-04, Specification No. 03-11 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 MERCHANTS BONDING COMPANY (MUTUAL) as surety, are held and firmly bound unto the City Council of the City of National City, hereinafter called the "Council', in the penal sum of $1,023,439.77 (One Million Twenty Three Thousand Four Hundred and Thirty Nine and 77/100) 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 ttibir 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, the City Council, their officers, agents, and employees, 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 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. PERFORMANCE BOND (CONTINUED) NATIONAL CITY STREET RESURFACING PROJECT. FY 03-04 SPECIFICATION NO. 03-11 In the event suit is brought upon this bond by the City of National City and judgement is recovered, the surety shall pay all costs incurred by the Council in such suit, including a reasonable attomey'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 13TH day of SEPTEMBER , 2004. MERCHANTS BONDING COMPAN'SEAL) FRANK & SON PAVING (MUTUAL) (SEAL) 1/ (SEAL) REGIMl(REEVES.. ATTORNEY -IN -FACT SSurety (SEAL) (SEAL) (SEAL) APPROVED AS TO FORM George H. Eiser, III City Attorney STATE OF ) )ss COUNTY OF ) PERFORMANCE BOND (CONTINUED) NATIONAL CITY STREET RESURFACING PROJECT. FY 03-04 SPECIFICATION NO. 03-11 ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY ACKNOWLEDGEMENT ATTACHED AS PRESCRIBED BY CALIFORNIA CIVIL CODE 1188-1190 On this day of , 2004, before me, the undersigned, a Notary Public in and for said County and State, personally appeared known to me to be the person whose name is subscribed to the within instrument as the attorney -in -fact of the the corporation named as Surety in said instru rent, and acknowledged to me that he subscribed the name of said corporation thereto as Surety, and his own name as attorney -in -fact. NOTE: Signature of those executing for Surety must be properly acknowledged. NOTE: The Attorney -in -fact must attach a certified copy of the Power of Attorney. Signature: Name (Type or Print); Notary Public in and for said County and State My Commission expires: APPROVED AS TO FORM: By: George H. Eiser. III City Attorney CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Cy ate of California County of SAN DIEGO On SEPTEMBER 13 , 2004, before me, Date personally appeared REGINA LAVEI IA A HERRING Comm sion k 1233038 z o; ay Public - California § San. Diego County >,rCrrimr.-E>rib.. NOvia,2E04 ss. LAVETTA A. HERRING. NOTAR Name and Title of Officer (e.g., "Jane Doe, Notary Public') REEVES PIIRLTC Name(s) of Signer(s) personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(is) is/mx subscribed to the within instrument and acknowledged to me that tte/shedtIstegfcexecuted the same in hi/her/their' authorized capacity(s), and that by s/her/tik signature(z) on the instrument the person(s), or the entity upon behalf of which the person() acted, executed the instrument. WITNES}1y hand and official se l Place Notary Seal Above OPTIONAL Though the information below is not required by taw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another 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 Signer's Name: ❑ Individual O Corporate Officer — Title(s): ❑ Partner — 0 Limited 0 General O Attorney in Fact O Trustee ❑ Guardian or Conservator O Other: Signature of Notary Public Si gner Is Representing: 2.1,-Ji.V .Niv�7WePo 'eeJi - aLvr4 • sr v<' -. RUC'• RIGHTTHUMBPRINT OF SIGNER Top of thumb here 01997 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 Merchants Bonding Company (Mutual) POWER OF ATTORNEY Bond No. Know All Persons By These Presents, that the MERCHANTS BONDING COMPANY (MUTUAL), a corporation duly organized under the laws of the State of Iowa, and having its principal office in the City of Des Moines, County of Polk, State of Iowa, hath made, constituted and appointed, and does by these presents make, constitute and appoint Regina Frances Reeves, Paul Jeffrey Hering, Linda L. Deuel, Marilou Kraft of San Diego and State of California its true and lawful Attomey-in-Fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: ONE MILLION ($1,000,000.00) DOLLARS and to bind the MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (MUTUAL), and all the acts of said Attomey-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power-of-Attomey is made andexecuted pursuant to and by authority of the following Amended Substituted and Restated By - Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (MUTUAL) on November 16, 2002. ARTICLE II, SECTION 8 - The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appoint Attomeys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. ARTICLE II, SECTION 9 - The signature of any authorized officer and the Seal of the Company may be affixedby facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed. In Witness Whereof, MERCHANTS BONDING COMPANY (MUTUAL) has caused these presents to be signed by its President and its corporate seal to be hereto affixed, this 1st day of January, 2003. 41- -- .--•-44o ••. ; @•O; 0(i P O g4 • —s• • Cs .%'. • s'• 1933 ; •• 8y L���• Y STATE OF IOWA COUNTY OF POLK ss. MERCHANTS BONDING COMPANY (MUTUAL) President On this 1st day of January, 2003, before me appeared Larry Taylor, to me personally known, who being by me duly swom did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL), the corporation described in the foregoing instrument, and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. MARILYN BOYD Commission Number 10012 ur. My Commission Expires November 4, 2004 STATE OF IOWA COUNTY OF POLK ss. 41" Notary Public, Polk County, lava I, William blamer, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL), do hereby certify that the is a true and correct copy of the POWER -OF -ATTORNEY executed by said MERCHANTS BONDING COMPANY still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Company on this 13TdWy of MSC 0814 (2/03) above and foregoing (MUTUAL), which is SEPTEMBER 2004 Secretary BOND #CAC 2787 Premium: Included PAYMENT BOND NATIONAL CITY STREET RESURFACING PROJECT. FY 03-04 SPECIFICATION NO. 03-11 KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City Council of the City of National City, by Resolution No. 2004-163, passed the 17 day of August, 2004 has awarded to Frank and Son Paving Inc., hereinafter designated as the "Principal", the National City Street Resurfacing Project, FY 03-04, Specification No. 03-11. 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 MERCHANTS BONDING COMPANY (MUTUAL) as surety, are held and firmly bound unto the City Council of the City of National City, hereinafter called the "Council", in the penal suns of $I,023,439.77 (One Million Twenty Three Thousand Four Hundred and Thirty Nine and 77/100) 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 attomey'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. PAYMENT BOND (CONTINUED) NATIONAL CITY STREET RESURFACING PROJECT, FY 03-04 SPECIFICATION NO. 03-11 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 therefor, 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 13TH day ofSEPTEMBER , 2004. MERCHANTS BONDING COMPANY(SEAL) FRANK & SON PAVING (MUTUAL) _(SEAL) eG. 04' a.- -b ins (SEAL) REGIN6REEVES, ATTORNEY -IN -FACT Surety (SEAL) (SEAL) (SEAL) APPROVED AS TO FORM George H. Eiser, III City Attorney PAYMENT BOND (CONTINUED) NATIONAL CITY STREET RESURFACING PROJECT. FY 03-04 SPECIFICATION NO. 03-11 ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF ) ss COUNTY OF On this day for said of , 2004, before me, the undersigned, a Notary Public in and County and State, personally appeared known to me to be the person whose name is subscribed to the within instrument as the attorney -in -fact of the , the corporation named as Surety in said instrument, and acknowledged to me that he Surety, and his own name as attomey-in-fact. subscribed the name of said corporation thereto as NOTE: Signature of those executing for Surety must be properly acknowledged. NOTE: The Attorney -in -fact must attach a certified copy of the Power of Attorney. Signature: Name (Type or Print): (Notary Public in and for said County and State) My Commission expires: APPROVED AS TO FORM: By: George H. Eiser, III City Attorney CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of SAN DIEGO On SEPTEMBER 13 , 2004 , before me, Date personally appeared r LAVETTA A. HERRING. NOTARY PUBLIC Name and Title of Officer (e.g., "Jane Doe, Notary Public') REGINA REEVES LAVETFA A HERRING Commission # 1283038 N try Pui rc - California y Son Diego County kt C- m;,n Erprres Noy 18,2b4 Place Notary Seal Above Name(s) of Signer(s) XIA personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(5) whose nameQs) isimex subscribed to the within instrument and acknowledged to me that hs/shedtlxexecuted the same in kis/her/their authorized capacity(i s), and that by bis/her/ttaik signatures) on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the instrument. WITN.E.Shand and official seal. 40. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another 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 Signer's Name: ❑ Individual O Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General O Attorney in Fact O Trustee O Guardian or Conservator ❑ Other: Signer Is Representing: © 1997 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Prod. No. 5907 RIGHTTHUINBPRINT OF SIGNER Top of thumb here Reorder: Call Toll -Free 1-800-876-6827 Merchants Bonding Company (Mutual) POWER OF ATTORNEY Bond No. Know All Persons By These Presents, that the MERCHANTS BONDING COMPANY (MUTUAL), a corporation duly organized under the laws of the State of Iowa, and having its principal office in the City of Des Moines, County of Polk, State of Iowa, hath made, constituted and appointed, and does by these presents make, constitute and appoint Regina Frances Reeves, Paul Jeffrey Hering, Linda L. Deuel, Marilou Kraft of San Diego and State of California its true and lawful Attomey-in-Fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf as surety any and at bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: ONE MILLION ($1,000,000.00) DOLLARS and to bind the MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (MUTUAL), and all the acts of said Attorney -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power-of-Attomey is made and executed pursuant to and by authority of the following Amended Substituted and Restated By - Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (MUTUAL) on November 16, 2002. ARTICLE II, SECTION 8 - The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appoint Attomeys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. ARTICLE II, SECTION 9 - The signature of any authorized officer and the Seal of the Company may be affixedby facsimile to any Power of Attomey or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed. In Witness Whereof, MERCHANTS BONDING COMPANY (MUTUAL) has caused these presents to be signed by its President and its corporate seal to be hereto affixed, this 1st day of January, 2003. 4: • v4 99� .tip a'• 1933 : • • By C7Z STATE OF IOWA • • President COUNTY OF POLK ss. On this 1st day of January, 2003, before me appeared Larry Taylor, to me personally known, who being by me duly swom did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL), the corporation described in the foregoing instrument, and that the. Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. aw' MARILYN BOYD Commission Number 10012 My Commission Expires November 4, 2004 STATE OF IOWA COUNTY OF POLK ss. MERCHANTS BONDING COMPANY (MUTUAL) 16415e Notary Public, Polk County, Iowa I, William Wamer, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL), do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said MERCHANTS BONDING COMPANY (MUTUAL), which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Company on this 13Td3y of SEPTEM8ER 2004 MSC 0814 (2/03) Secretary POLICYHOLDER COPY STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 08-23-2004 CITY OF NATIONAL CITY DEPT OF PUBLIC WORKS 1243 NATIONAL CITY BLVD NATIONAL CITY CA 91950 GROUP: 000046 POLICY NUMBER: 6310-2004 CERTIFICATE ID: 408 CERTIFICATE EXPIRES: 01-01-2005 01-01-2004/01-01-2005 JOB: NATIONAL CITY STREET RESURFACING This is to certify that we have issued a valid Worker's Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. AUTHORIZED REPRESENTATIVE PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #1600 FRANCISCO A VASQUEZ, PRESIDENT - EXCLUDED. ENDORSEMENT #1600 FRANK T VASQUEZ, V. PRES - EXCLUDED. ENDORSEMENT #1600 ALICIA VASQUEZ, TREASURER - EXCLUDED. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 07-01-1996 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER FRANK & SON PAVING INC 1019 3RD AVE CHULA VISTA CA 91911 SCIF 10262E Accept this certificate only if you see a faint watermark that reads "OFFICIAL STATE FUND DOCUMENT" [SLH,SCI PRINTED: 08-23-2004 PAGE 1 OF 1 ACORD TM CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) SEP 3 04 PRODUCER BAUER INSURANCE SERVICES, INC. 12234 POWAY RD, STE 200 POWAY CA 92064 Agency Lic#: OD78361 INSURED FRANK & SON PAVING, INC. CIO ALICIA VASQUEZ 1019 THIRD AVE. CHULA VISTA CA 91911 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURER A: GEMINI NAIC # INSURER B: AMERICAN STATES INSURANCE INSURER C: FINANCIAL INDEMNITY INSURER D: INSURER E: COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADD'L TYPE OF INSURANCE POLICY NUMBER INSRD POLICY EFFECTIVE DATE (MM/DD/YYI POLICY EXPIRATION DATE (MM/DDPM LIMITS _GENERAL LIABILITY VCGP007348 SEP 19 03 SEP 19 04 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY - DAMAGE TO RENTED $ 50,000 --- ' CLAIMS MADE _ X OCCUR PREMISES (Fa nrinrenre) MED. EXP (Any one person) $ 5,000 A PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: -1 PRODUCTS-COMP/OP AGG. $ 1,000,000 X POLICY PROJECT f LOC AUTOMOBILE X LIABILITY 'ANY AUTO(Ea 010E383687-6 APR 10 04 APR 10 05 COMBINED SINGLE LIMIT accident) $ 1,000,000 ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per person) $ X X HIRED AUTOS NON -OWNED AUTOS BODILY accident) (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: ACC" $ EXCESS! UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR !. CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE -1 $ RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ' WC STATU- TORV NITS OTHER ANYPROPRIETOR/PARTNER/EXECDTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? If yes, describe under E. L. DISEASE -EA EMPLOYEE $ SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT ' $ OTHER: FINANCIAL INDEMNITY C7818087 APR 17 04 C APR 17 05 $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS *10 DAY NOTICE OF CANCELLATION APPLIES IF CANCELLED FOR NON PAYMENT OF PREMIUM. CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED AS PERTAINS TO WORK UNDER CONTRACT FOR NATIONAL CITY RESURFACE PROJECT. CERTIFICATE WILL BE REISSUED WHEN GENERAL LIABILITY RENEWS CITY OF NATIONAL CITY 1243 NATIONAL CITY BLVD. NATIONAL CITY, CA 91950 Attention: INSURANCE DIVISION 1 SHOULD ANY OFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. AUTHORIZED REP- r 1 `� P ILK` Certificate # 5391 0ACORD CORPORATION 1988 POLICY NUMBER: VCGP007348 NAMED INSURED: FRANK & SON PAVING, INC. POLICY PERIOD: SEP 19 03 TO SEP 19 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART WHO IS AN INSURED (Section II) is amended to include as an insured any person or organization (called additional insured) whom you are required to add as an additional insured on this policy under: A written contract or agreement must be: a. currently in effect or becoming effective during the term of this policy; and b. executed prior to the "bodily injury", "property damage", "personal injury", or "advertising injury" The insurance provided to the additional insured is limited as follows: That person or organization is only as additional insured with respect to liability arising out of: a. premises you own, rent, lease or occupy; or b. "Your work" for that additional insured by or for you. The Limits of insurance applicable to the additional insured are those specified in the written contract or agreement or in the Declarations for this policy, whichever is less. These Limits of insurance are inclusive and not in addition to the Limits of insurance shown in the Declarations. The insurance provided in the additional insured does not apply to "bodily injury", "property damage", "personal injury", or "advertising injury" arising out of an architects, engineer's, or surveyor's rendering of or failure to render any professional services including: The preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports, surveys, change orders, design or specifications; and Supervisory, inspection or engineering services. Such coverage provided hereunder shall be excess over any other valid and collectible insurance available to the additional insured whether primary, excess, contingent or on any other basis unless a contract specifically requires that this insurance be primary or you request that it apply on a primary basis. THIS ENDORSEMENT IS A PART OF YOUR POLICY AND TAKES EFFECT ON THE EFFECTIVE DATE OF YOUR POLICY UNLESS ANOTHER EFFECTIVE DATE IS SHOWN BELOW Policy Change Number: VCGP007348 I Effective Date: Mond(, June 21 st, 2004 Countersigned Date Friday, September 3rd, 2004 Authorized Rep we: �LGIti Certificate # 5391 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE August 17, 2004 AGENDA ITEM NO. 15 /ITEM TITLE Resolution of the City of National City awarding a contract in the amount of $1,023,439.77 to Frank & Son Paving for the National City Street Resurfacing Project, FY 03-04, which includes the repair and/or replacement of various street sections throughout National City PREPARED BY DEPARTMENT Alberto Griego Public Works/Engineering EXPLANATION 336-4386 See Attached Explanation Environmental Review X N/A Financial Statement The total cost of the project is estimated to be $1,237,988.0 This amount is within the estimated budget for this project. 409-500-598-6035, 307-409-500-598-6035 and 343-409-50 Approved By: - /'{ 7. ance Director Funding is available through A ccj' ount Number 109- 0-598-6035. Account No. STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMIS ON RECOMMENDATION Adopt the Resolution ATTACHMENTS ( Listed Below ) 1. Resolution 3. Bid Opening Sheet 2. Bid Spreadsheet 03-11 Resolution No. 21O4-((3 A-200 (9;99) Explanation: On July 20, 2004, eight (8) bids were received and opened for the National City Street Resurfacing Project, FY 03-04 Specification No. 03-11. The project includes the repair of bituminous pavements in various locations within the City of National City. The Streets included in this project are: Using the "2003 Pavement Management Program Update" which utilizes a Pavement Condition Index (PCI) that is a numerical value assigned to a pavement section based on its condition, City staff has determined that the following streets be included in this year's street resurfacing project: Delta Street from Highland Avenue to City Limit Delta Street from Q Avenue to S Avenue E. 2n1 Street from D Avenue to Highland Avenue E. 14th Street from Grove Avenue to Orange Avenue E. 16th Street from 90' East of M Avenue to N Avenue E. 20th Street from B Avenue to C Avenue E. 20th Street from C Avenue to D Avenue E. 20th Street from J Avenue to L Avenue E. 25th Street from National City Boulevard to A Avenue E. 30th Street from D Avenue to Highland Avenue E. 4th Street from M Avenue to Palm Avenue E. 7th Street from D Avenue to Highland Avenue E. 7th Street from M Avenue to East Cul-de-Sac Euclid Avenue from E. 22nd Street to E. 24th Street G Avenue from E. 18th Street to E. 19th Street Grove Avenue from E. 14th Street to E. 16th Street Grove Avenue from City Limit to Sweetwater Road Harding Avenue from W. 11th Street to Civic Center drive L Avenue from 500' North of E. 16th Street M Avenue from E. 16th Street to E. 16th %2 Street and U Avenue from Beta Street to Division Avenue. The items include the removal and replacement of AC only, the milling of pavement, the installation of pavement fabric, the overlay of AC pavement, the adjustment to grade of manholes, the adjustment to grade of monuments, the removal, replacement and of new cross gutter, the removal and replacement of sidewalk, the construction of new G-1 curb, the removal and replacement of curb and gutter, the replacement of all damaged traffic striping, the reinstallation of traffic loops, the installation of new and replacement of driveway, the installation of storm drain cover, the placement of fill and the construction of retaining wall. The pavement repairs vary from full -depth reconstruction, including replacement of the base materials, to pavement overlays, depending on the type and severity of failure. All affected pavement markings will be replaced Staff has reviewed all the proposals and found the lowest responsive bidder, Frank & Son Paving, qualified to perform the work. The total cost of the project is estimated to be $1,237,988.07. This amount includes the construction bid price of $1,023,439.77 plus approximately 14% ($143,698.30) for contingencies, and 7% ($70,850.00) for materials testing, inspection and surveying. RESOLUTION NO. 2004 —163 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT IN THE AMOUNT OF $1,023,439.77 TO FRANK & SON PAVING FOR THE NATIONAL CITY STREET RESURFACING PROJECT, FY 2003-2004, WHICH INCLUDES THE REPAIR AND/OR REPLACEMENT OF VARIOUS STREET SECTIONS THROUGHOUT NATIONAL CITY WHEREAS, the Engineering Department did, in open session on July 20, 2004, publicly open, examine and declare all sealed bids for the National City Street Resurfacing Project, FY 2003-2004, which includes the repair and/or replacement of various street sections throughout National City. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for the National City Street Resurfacing Project, FY 2003-2004, which includes the repair and/or replacement of various street sections throughout National City to the lowest responsive, responsible bidder, to wit: FRANK & SON PAVING 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 $1,023,439.77 between Frank & Son Paving and the City of National City for the National City Street Resurfacing Project, FY 2003-2004, which includes the repair and/or replacement of various street sections throughout National City. Said contract is on file in the office of the City Clerk. PASSED and ADOPTED this 17th day of August, 2004. Nick Inzurl a. ATTEST: Mich I Dalla, City lerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Passed and adopted by the Council of the City of National City, California, on August 17, 2004, by the following vote, to -wit: Ayes: Councilmembers Inzunza, Morrison, Natividad, Parra, Ungab. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: NICK INZUNZA Mayor of the City of National City, California Clerk of the City o National City, California By: Deputy HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2004-163 of the City of National City, California, passed and adopted by the Council of said City on August 17, 2004. City Clerk of the City of National City, California By: Deputy NATIONAL CITY STREET RESURFACING PROJECT FY 03 04 I SITE NO. Wo 03 03C Y. SECTION WIDTH (ft) SECTION LENGTH (ft) SECTION AREA (sf) R&R STREET SECTION (sf) 1.6" AC on 8" Base R&R STREET SECTION (sf) 2" AC on 10" Base R & R STREET SECTION 3" AC on 8" n Base R & R AC ONLY(tons) l PAVEMENT MILLING C (If) 2 PAVEMENT FABRIC (sY) co 1.6"AC OVERLAY r (tons) 2"AC OVERLAY (tons) MANHOLES (ea) MONUMENTS (ea) R&R CROSS GUTTER (sf) NEW CROSS GUTTER (sf) R&R SIDEWALK (sf) NEW SIDEWALK (sf) NEW G-1 CURB (If) R&R CURB AND GUTTER (If) NEW CURB AND GUTTER (If) TRAFFIC STRIPING (Is) Q 81 ur a. REINSTALL TRAFFIC LOOPS (ea) R&R ALLEY APRON I (sf) NEW DRIVEWAY (sf) R&R DRIVEWAY (sf) inder Sidewalk drain STORM DRAIN COVER D-26 J u Speed Humps (tons) RETAINING WALL (sf) Delta St. Highland Ave. City Limit 20 1297 25,940 8,765 2714 2882 233.5 2 0 135 1 J 2 Delta St. O Ave. S Ave. 40 782 31,280 1884 3476 281.5 3 0 95 1 1 3 E. 14th St. GroveAve. Orange Ave. 36 485 17,460 8,438 1250 1940 157.1 6 820 315 1 4 E. 16th St. 90' East of M Ave. N. Ave. 27 140 7,120 128.2 0 791 0.0 0 5 E. 20th St. B Ave. C Ave. 38 355 13,490 5,493 1010 1499 121.4 1 416 155 6 E. 20th St. C Ave. D. Ave. 36 260 9,360 4,355 800 1040 84.2 0 75 1 7 E. 20th St. J Ave. L Ave. 48 608 29,184 11,065 1616 3243 262.7 2 0 126 1 8 E. 26th St. National City Blvd. A Ave. 36 284 10 224 2,839 848 1136 92.0 0 240 - 1 9 E. 2nd St. 0 Ave. Highland Ave. 38 1260 47,880 9 141 2820 5320 430.9 3 2 0 154 650 1 10 E. 30th St. D Ave. Highland Ave. 68 1327 90,236 22 229 3254 10026 1083 3 2 0 440 11 E. 4th St. M Ave. Palm Ave. _ 48 980 47,040 1129 0 5227 7 0 440 30 1 1 10 12 13 E.7th St. E. D Ave. Highland Ave. 48 1273 61,104 1100 0 6789 3 1 2136 235 70 1 432 210 7th St. MAve. East Cul-de-Sec 10,394 2,624 687 1155 93.5 1 0 180 14 Euclid Ave. E. 22nd St. E. 24th St. 64 720 46,080 17225 2000 5120 553.0 4 1 0 225 1 9 15 G Ave. E.18th St. E.19th St. 40 276 11 040 198.7 0 1227 416 1 16 Grove Ave. E. 14th St. E. 16th St. 40 630 25 200 8 207 - 1580 2800 226.8 1 0 75 1 17 Grove Ave. City Limit Sweetwater Rd. 40 565 22 600 5 114 1450 2511 203 4 1 1 0 60 18 Harding Ave. W. 11th St. Civic Center Dr. 52 527 27,404 6,079 1494 3045 246.6 0 205 1 1 176 19 L Ave. 500' N. of 16th St. E. 16th St. 26 080 3 959 120 2898 234.7 1 0 45 1 12 20 M. Ave. E. 16th St. E. 16th-1/2 St. 48 167 8,016 4900 690 611 49.5 0 85 12 260 21 U Ave. Beta St. Division Ave. 40 753 30 120 8 065 1826 3347 271 1 2 0 103 TOTALS 0 0.0 1 597252 83944 39454 4900 2556 26043 66082 2989 1636 40 7 3788 154 3696 0 85 203 0 17 19 432 0 0 386 1 1 12 12 260 1 11COMMONIENOINEERINOUAIKE1BidPackageSpread03-00resurl BID OPENING SPECIFICATION NUMBER: 03-11 PROJECT TITLE• NATIONAL CITY STREET RESURFACING PROJECT, FY 03-04 OPENING DATE: TUESDAY, JULY 20, 2004 TIME: 3:00 P.M. ESTIMATE: $1,067,000.00 PROJECT ENGINEER: ALBERT GRIEGO NO. BIDDER'S NAME (PAGE 13 ) BID AMOUNT (PAGE 15) ADDENDA (PAGE 13) BID SECURITY (PAGE 18-CHECK (PAGE 19-BOND) 1 • Frank & Son Paving 1019 Third Avenue Chula Vista, CA 91911 $1,023,439.78 1,2 Bonded 2. SRM Contracting & Paving 7192 Mission Gorge Road San Diego, Ca 92120 $1,182,463.00 1,2 Bonded 3. Hazard Construction Co. 6465 Marindustry Place San Diego, CA 92121 $1,243,485.60 1,2 Bonded 4. J.D. Paving, Inc. 1412 Barham Drive San Marcos, CA 92078 $1,246,513.61 1,2 Bonded 5. Hanson SJH Construction P.O. Box 639069 San Diego, Ca 92163-9069 $1,287,268.90 1,2 Bonded bi NO. BIDDER'S NAME (PAGE 13) BID AMOUNT (PAGE 15) ADDENDA (PAGE 13) BID SECURITY (PAGE 18-CHECK (PAGE 19-BOND 6. Ramona Paving & Construction 1303 Olive Street Ramona, CA 92065 $1,427,863.00 1,2 Bonded 7. Daley-CCAC, N. 5370 Eastgate Mall San Diego, Ca 92121 $1,478,397.00 1,2 Bonded 8. ABC Construction Co., Inc. 3120 National Avenue San Diego, CA 92113-2597 $1,555,000.00 1,2 Bonded 103-11 \ational City{ 5-,reef esurfacinc 9roject FY CI-OG Location Vlap Atxeet Location; I, belta 5t, from Highland Ave, to Citu Lim 2, belta 5t, from Q Ave, to 5 Ave, 3, , I4th 5t, from Grove Ave, to Orange Ave, 4, ,16tn St, from 90' fast of M Ave. to N Ave, 5, 20th5t,froml3Ave. toCAve. 6, P 20th5t,from CAve. toPAve. 7, 20th5t,from JAve. toLAve. 8, 25ti 5t, from National Citu Blvd, to A Ave. 9, 2nd 5t, from n Ave, to Highland Ave, 10, 30th St, from t7 Ave, to Highland Ave, IL 4th St, from M Ave, to Palm Ave. 12, nth St, from b Ave, to Highland Ave, 13, 7t4 5t, from M Ave, to fast Cul-de-Sac, 14, Euclid Ave, from 22nd St, 5t, 15, G Ave, ,18t115t, to ,19tn St, 16, Grove Ave, from P, I4 A 5t, to P,16tA St, 17, Grove Ave from Citu Limit to Sweetwater t d, 18, Harding Ave, from W. Ilti 5t, to Civic Center Pr, 19, L Ave. from 500' N, of l6tA St, to , 16t,i 5t, 20, M Ave, from P,16tn 5t, ,16t'-I/ 2 5t, 21, U Ave, from Beta 5t, to liivision Ave, City of National City Office of the City Clerk 1243 National City Boulevard, National City, California 91950-4397 Michael R. Della, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 September 30, 2004 Alicia Vasquez, President Frank and Son Paving 1019 Third Avenue Chula Vista CA 91911 Project: National City Street Resurfacing Project, FY 03-04 Engineering Spec. No. 03-11, Awarding Resolution 2004-163 Dear Ms. Vasquez, On September 21, 2004, the City Council of the City of National City passed and adopted Resolution No. 2004-163, awarding a contract in the amount of $1,023,439.77 to Frank and Son Paving. We are pleased to enclose one fully executed original contract, payment bond, performance bond, and one copy of the Certificate of Insurance for your records. Should you have any questions, please contact Mr. Stephen Kirkpatrick, Acting Director of Public Works / Engineering at (619) 336-4380. Sincerely, Michael R. Dalla, CMC City Clerk MRD/mla Enclosure cc: PW / Engineering File C20ti4-40 0) Recycled Paper City of National City Department of Public Works 1243 National City Blvd., National City, CA 91950 (619) 336-4580 (619) 336-4380 Fax: (619) 336-4397 September 21, 2004 REVIEW AND APPROVAL OF CONTRACT DOCUMENTS FORM PROJECT: NATIONAL CITY STREET RESURFACING PROJECT, FY 03-04 ENGINEERING SPECS. NO. 03-11 AWARDING RESO. 2004-163 DATE: 8/17/04 CONTRACTOR:FRANK & SON PAVING, INC. ****************************************************************************** TO: City Attorney The following original contract documents are submitted for your review and approval: 1. 3 Copies of Contract Agreement 2. 3 Copies of Performance Bond 3. 3 Copies of Payment Bond 4. _l_ Copies of Certificates of Insurance If these documents are satisfactory, please forward them along with this foini to the Mayor for his signature. COMMENTS: Completed (1/ ******************************************************************************** TO: Office of the Mayor The attached original contract documents have been reviewed and approved by the City Attorney. Please sign all three copies of the contract, and forward all of the contract documents along with this form to the office of the City Clerk. Completed ( ) ********************************************************************* ********** TO: Office of the City Clerk The attached original contract documents have been approved by the City Attorney and the Mayor. Please distribute them. 1. 1 Original copy to your file. 2. 1 Original copy to the contractor 3. _l Original copy to the Engineering Department. Please release the b.bonds of the unsuccessful bidders. **************.************************************************************** Submitted by: Approved by: Al. ' :"i go Stephen M. Qrkpatrick Associate Civ E Acting Director of Public Works/ City Engineer Review ® Recycled Paper