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HomeMy WebLinkAbout2005 CON Manhole Adjusting Inc - Street Resurfacing 05-06CONTRACT NATIONAL CITY STREET RESURFACING PROJECT, FY 05-06 SPECIFICATION NO. 04-9 THIS CONTRACT, made and entered into this 2day of, October 2005 by and between the City of National City, California, herein after designated as the "City", and Manhole Adjusting Contractors, 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 STREETCRESURFACING PROJECT, FY 05-06 SPECIFICATION NO. 04-9 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 05-06 SPECIFICATION NO. 04-9 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 RESURFACING PROJECT, FY 05-06 SPECIFICATION NO. 04-9 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 WHER three counterparts, each written. CONTRACTOR: By: Title: By: • Title: CITY: F, the parties hereto have caused this Contract to be executed in which shall be deemed an original the day and year first above President Vice President Federal ID. No. 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.) 95-3548835 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Los Angeles SS On 9/23/05 before me, Jennifer Kim Tan, Notary Public, in and for said County and State, personally appeared: John Corcoran ® Personally known to me ❑ Proved to me on the basis of satisfactory evidence To be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Title or Type of Document: DESCRIPTION OF ATTACHD DO UMENT Contract Document Date: Number of Pages: Capacity(ies) Claimed by Signer ❑ Individual ® Corporate Officer - Title(s) : President ® Signer is Representing: Manhole Adjusting Contractors Inc. CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Los Angeles SS On 9/23/05 before me, Jennifer Kim Tan, Notary Public, in and for said County and State, personally appeared: Maria Elena Corcoran ® Personally known to me ❑ Proved to me on the basis of satisfactory evidence To be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Title or Type of Document: Document Date: Number of Pages: DESCRIPTION OF ATTA((`HED I4OCUMENT Contract Capacity(ies) Claimed by Signer ❑ Individual ® Corporate Officer - Title(s) : ® Signer is Representing: Vice President Manhole Adjusting Contractors Inc. CONTRACT (CONTINUED) NATIONAL CITY STREET RESURFACING PROJECT, FY 05-06 SPECIFICATION NO. 04-9 CORPORATE CERTIFICATE I' certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that , who signed said contract on behalf of the President of said John Corcoran Contractor, was then 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, Maria Elena Corcoran certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that , who signed said contract on behalf 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: CONTRACT (CONTINUED) NATIONAL CITY STREET RESURFACING PROJECT, FY 05-06 SPECIFICATION NO. 04-9 PARTNERSHIP CERTIFICATE STATE OF COUNTY OF ) ss On this day of 2005, 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 that executed the within instrument, and acknowledged to me thatpsuchepartnershiprs of the partnership pexecued the same. Signature: Name (Type or Print): (Notary Public in and for said County and State) My Comunission expires: Executed in Triplicate PERFORMANCE BONL) Bond No. 08678833 NATIONAL CITY STREET RESURIAC1NG PROJECT, FY 05-06 Premium: $21,543.00 SPECIFICATION NO. 04-9 KNOW ALL MEN BY THESE PRESENTS: Thai WHEREAS, the City Council of the City of National City, by Resolution No 2005- passed the 2" day of October, 2005 has awarded to Manhole Adjusting Contractors, inc. hereinafter designated as the "Principal", the NATIONAL CITY STREET RI SURFACING PROJECT, FY 05-06, Specification No, 04-9. WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract. *Manhole Adjusting Contractors Inc. NOW, THEREFORE, we, * the Principal and Fidelity and Deposit Company of Maryland as surety, are held and firmly bound unto the City Council of the City of National City, hereinafter called the "Council", in the penal surn of $3,313,214.39 (Three million three hundred and thirteen thousauid two hundred and fourteen and 39/100) lawful money of the United States, for the payment of which sure well and t.ruly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by These presents. TIIE CONDITION OF THIS OBLIGATION IS SUCH THAT if the above bounden Principal, his/her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said contract any alteration thereof made as therein provides, on his or their part, to be kept and performed at the time and in the amount therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of National City, 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 05-06 SPECIFICATION NO. 04-9 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 attorney's Fee to be fixed by the Court. IN WITNESS WHEREOF three identical counterpart:; of his instrument, each of which shall for all purposes be deemed an original thereof, have bee duly executed by the Principal and Surety above named, on the Fidelity and Deposit Company of Maryland (SEAL) By:�� 14tt�t /%4 Nanette Mariella-Myers Attorney -in -Fact Surety APPROVED AS TO FORM George H. Eiser, 111 City Attorney (SEAL) — (SEAL) 22 y of September , 2005 sting Contractors Inc. (SEAL) hn Corcoran, President (SEAL) Principal PERFORMANCE BOND (CONTINUED) NATIONAL CITY STREET RESURFACING PROJECT, FY 05-06 SPECIFICATION NO. 04-9 ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF California C'C)IJNTY OF Orange ) Ss On this 22nd day of September , and for said County Nanette Mariella-Myers 2005, before and name is subscribed to the within Fidelity arx5 E xasit 0nny of Marylarr3 instrument, and acknowledged to me that he Surety, and his own name as attorney -in -fact, NOTE: Signature of those executing for Surety must be properly acknowledged. Signature: me, the undersigned, a Notary Public in State, personally appeared known to me to be the person whose instrument as the attorney -in -fact of the , the corporation named as Surety in said subscribed the name of said corporation thereto as NOTE: The Attorney -in -fact must attach a certified copy of the Power of Attorney. 011,,e Name (Type or Print): Rhonda C. Abel Notary Public in and for said County and State My Commission expires: 8/9/09 APPROVED AS TO FORM: By: George H. F,iser, III City Attorney RHONDA C. ABEL COMM. # 1597948 OTARY PUBLIC•CAUFORNIA ORANGE COUNTY 0 COMM. IXP. AUG. 9..0 e • PAYINIENT BOND Bond No. 08678833 NATIONAL CITY STREET RESURFACING PROJECT, FY 05-06 SPECIFICATION NO. 04-9 KNOW ALL MEN BY THESE PRESENTS: That WHEREAS. the City Council of the City of National City, by Resolution No. 2005- passed the 2" day of October, 2005 has awarded to Manhole Asdjusting Contractors Inc., hereinafter designated as the "Principal", the NATIONAL CITY STREET RESURFACING PROJECT, FY 05-06 , Specification No. 04-9. 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 ('ode to furnish a bond in connection with said contract; Manhole Adjusting Contractors Inc. NOW, THEREFORE, wc, * the Principal and Fidelity and Deposit Company of 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 $3,313,214.39 (Three million three hundred and thirteen thousand two hundred and fourteen and 39/100) 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 attorney's fee, to be fixed by the Court. This Bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code, so as to give a right of action to such persons or their assigns in any suit. brought upon this bond, PAYMENT BOND (CONTINUED) NATIONAL CITY mum RESURFACING PROJECT, 1'y 05-06 SPECIFICATION NO. 04-9 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 or 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 10 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 for all purposes be deemed an original thereof, hay Surety above named, on the 22rd day of S Fidelity and Deposit Company Manh of Maryland (SEAL) By: / Lital iC %rtyyrS1'A L) Nanette Mariella-Myers Attorney -in -Fact (SEAL) Surety APPROVED AS TO FORM George H. Eiser, Ili. City Attorney of lis instrument, each duly executed by the r , 2005. ng Contractors Corcoran, President Principal of which shall Principal and Inc. (SEAL) (SEAL) (SEAL) COUNTY OF PAYMENT BOND (CONTINUED) NATIONAL CITY STREET RESURI-'A(;INU PROJECT, FY 05-06 SPECIFICATION Na 04-9 ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF California ) ) ss Orange ) On this 22nd day of September , 2005, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Nanette Mariella—Myers known to me to be the person whose name is subscribed to the within instrument as the attorney -in -fact of the Fidelity and Deposit Company of Maryland , the corporation named as Surety in said instrument, and acknowledged to me that he subscribed the name of said corporation thereto as Surely, and his own name as attorney -in -fact. NOTE: Signature of those executing for Surety must be properly acknowledged. Signature: Name ('Type or Print): NOTE: The Attorney -in -fact must attach a certified copy of the Power of Attorney, Rhonda C. Abel (Notary Public in and for said County and State) My Commission expires: 8/9/09 APPROVED AS TO FORM: fly: George H. Eiser, Ill City Attorney RCOMM. # 1597948E ; NOTARY PUBLIC-CAUFORNIA 0 ORANGE COUNTY 0 COMM. EXP. AUG. 9, 20094' Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by WILLIAM J MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article V1, Section 2, of the By -Laws of said Company, .� ..' are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date by nominate, constitute and appoint Nanette MARIELLA-MYERS, of Irvine, California, its .o.; .fl o : t . • .rsrney-in-Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and i�*_��''r a y�t�� d undertakings, and the execution of such bonds or undertakings in purs ty 6. I.*' gent n`:j it' g upon said Company, as fully and amply, to all intents and purposes, a �"1'�` e �' ledged by the regularly elected officers of the Company at its office in .. ,ly t. . = ' ns. This power of attorney revokes that issued on The said Assistant behalf of Nanette ' ". �' . t the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By- l .:rle:a • - ,.any, and is now in force. IN WITNESS W OF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 13th day of April, A.D. 2005. ATTEST: State of Maryland fB ss: City o Baltimore On this 13th day of April, A.D. 2005, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Eric D. Barnes Assistant Secretary William J. Mills Vice President Constance A. Dunn Notary Public My Commission Expires: July 14, 2007 POA-F 012-5025 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 22nd day of September , 2005 6 Assistant Secretary • ZURICH THIS IMPORTANT DISCLOSURE NOTICE IS PART OF YOUR BOND We.are making the following informational disclosures in compliance with The Terrorism Risk Insurance Act of 2002. No action is required on your part. Disclosure of Terrorism Premium The premium charge for risk of loss resulting from acts of terrorism (as defined in the Act) under this bond is $ waived . This amount its reflected in the total premium for this bond. Disclosure of Availability of Coverage for Terrorism Losses As required by the Terrorism Risk Insurance Act of 2002, we have made available to you coverage for losses resulting from acts of terrorism (as defined in the Act) with terms, amounts, and limitations that do not differ materially as those for losses arising from events other than acts of terrorism. Disclosure of Federal Share of Insurance Company's Terrorism Losses The Terrorism Risk Insurance Act of 2002 establishes a mechanism by which "the United States government will share in insurance company losses resulting from acts of terrorism (as defined in the -Act) after a insurance company has paid losses in excess of an annual aggregate deductible. For 2002, the insurance company deductible is 1% of • direct earned premium in the prior year; for 2003, 7% of direct earned premium in the prior year, for 2004, 10% of direct earned premium in the prior year; and for 2005, 15% of direct earned premium in the prior year. The federal share of an insurance company's losses above its deductible is 90%. In. the event the United States,government participates in losses, the United States government may direct insurance companies tocollect a terrorism surcharge from policyholders. The Act does not currently provide for insurance industry or United States government participation in terrorism losses that exceed $100 billion in any one calendar year. Definition of Act of Terrorism The Terrorism Risk Insurance Act defines "act of terrorism" as any act that is certified by the Secretary of the • Treasury, in concurrence with the Secretary of State and the Attorney General of the United•States: 1. to be an act of terrorism; 2. to be a violentact or an act that is dangerous to human life, property or infrastructure; 3. to have resulted in damage within the United States, or outside of the United States in the case of an air carver (as defined in section 40102 of title 49, United 17 States Code) or a United States flag vessel. (or a vessel based principally in the United`States, on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States), or the premises of a United States mission; and 4. to have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest as part elan effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. war declaredCBongress t, no act albe certified by the Secretary as an act of terrorism if the act is committed as part of the course of a by (except for workers' compensation) or property and casualty insurance losses resulting from the act, in the aggregate, do not exceed $5,000,000. These disclosures are informational only and do not modify your bond or affect your rights under the bond. Copyright Zurich American Insurance Company 2003 -0050749,doc TRANSMITTAL MANHOLE ADJUSTING INC. Asphalt Rubber Applicators General Engineering License No. 398443 9500 Beverly Road P. O. Box 250 Pico Rivera, CA 90660 Monterey Park, CA 91754 Tel: (323) 558-8000 Fax: (323) 558-8055 REGULAR MAIL ® CERTIFIED MAIL ❑ MESSENGER ❑ NO. FEDERAL EXPRESS ❑ NO. DATE: 9/26/05 TO: Alberto Griego City of National City Office of the City Engineer 1243 National City Blvd. National City, CA 91950 FROM: Jennifer Tan RE: City of National City, National City St. Resurfacing Project FY 05-06, Spec. No. 04-09 rn C) rra m rat � 2 C) rn :71 Enclosed please find: - Three executed Contract Agreement. Three executed Performance Bond. - Three executed Payment Bond. - The Emergency Notification List. - A copy of Certificate of Insurance. The original is forwarded to you from our insurance agency. ❑ Please sign or initial where necessary prior to returning fully executed copies ❑ Per Our Conversation ® Per Your Request • For Your Information Fri Other Y:\EN GRN G\FORMS\T RAN S MAN. DOC City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 4, 2005 AGENDA ITEM NO. 25 / ITEM TITLE Resolution of the City of National City awarding a contract in the amount oi'\ $3,313,214.39 to Manhole Adjusting Contractors, Inc. for the National City Street Resurfacing Project, FY 05-06, Specification No. 04-09. PREPARED BY Alberto Griego EXPLANATION DEPARTMENT See attached. Engineering EXT. 4386 Environmental Review MIS Approval Financial Statement Approved D ^ The total cost of the project is estimated to be $3,943,000. This amount is within � �-aFinan 'rector the estimated budget for this project. Funding is available through Account Number 307 •-500-598- 6035. Account No. STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION REC MENDATION N/A C Leors -6/ ) ATTACHMENTS ( Listed Below) Resolution No. 9 k(' f 7 1. Resolution 2. Bid Opening Sheet 3. Bid Summary 4. Company History A-200 (Rev. 7/0$ EXPLANATION On September 14, 2005, two (2) bids were received and opened for the National City Street Resurfacing Project, FY 05-06, Specification No. 04-09. The project includes the repair of bituminous pavements in various locations within the City of National City using Asphalt -Rubber & Aggregate Membrane (ARAM) system pavement overlay. The streets to be resurfaced have been selected 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 overall condition. The streets shown on the list were found to have the lowest PCI values. Also, included in the list are entryway streets that are to be resurfaced giving a better appearance when entering National City. Approximately $1.7 million dollars are being invested in the entryway improvements. The following streets will be included in the street resurfacing project: BRANCH A AVE BETA ST BUCKY LN D AVE D AVE DIVISION ST DIVISION ST DIVISION ST DIVISION ST (EAST BOUND) DIVISION ST (EAST BOUND) E 14TH ST E 16TH ST E 18TH ST E 20TH ST E 27TH ST E 30TH AVE E 4TH ST E 8TH ST E 8TH ST E PLAZA BLVD HARBISON AVE HIGHLAND AVE HIGHLAND AVE HOOVER AVE NATIONAL CITY BLVD ORANGE ST PALM AVE PARADISE VALLEY RD PLAZA BLVD RACHAEL AVE (SOUTH BOUND SWEETWATER RD FROM TO E 26TH ST U AVE HIGHLAND AVE E 7TH ST E 12TH ST IN FRONT OF 730 DIVISION PALM AVE HARBISON AVE MAIN ST OSBORN ST ORANGE ST (Western offset) EUCLID AVE 70' E OF LANOITAN AVE WEST OF NEWELL ST NATIONAL CITY BLVD HIGHLAND AVE HARBISON AVE HARBISON AVE NATIONAL CITY BLVD MANCHESTER ST E PLAZA BLVD E 30TH ST 350' S OF E 30TH ST 2900 HOOVER AVE DIVISION ST CITY LIMIT NORTH CITY LIMIT E 8TH ST CITY LIMIT ) CUMBERLAND ST CITY LIMIT (WEST OF ORANGE ST) SR-54 (WEST SIDE OF BRIDGE) E 30TH ST EUCLID AVE EAST END E 8TH ST E 16TH ST (Cross Gutter to be replaced to mid -street) U AVE CITY LIMIT OSBORN ST MARINE VIEW AVE EUCLID AVE CITY LIMIT @ RACHAEL AVE RACHAEL AVE GOLF COURSE A AVE L AVE (CITY LIMIT) CITY LIMIT PARADISE VALLEY RD D AVE 8TH ST & PARADISE VALLEY RD E 16TH ST 350' S OF E 30TH ST BRIDGE @ CITY LIMIT W 30TH ST E 1ST ST SWEETWATER RD DIVISION ST EAST CITY LIMIT PARADISE VALLEY RD WINCHESTER ST SWEETWATER RD UNNAMED ST (EAST OF PROSPECT ST) W 15TH ST W 15TH ST W 15TH ST W 16TH ST W 8TH ST EDGEMERE DR (aka 2ND AVE) SOUTH OF ORANGE ST COOLIDGE AVE HARDING AVE ROOSEVELT AVE WILSON AVE TROLLEY RR X-ING CITY LIMIT WEST OF PROSPECT ST SOUTH END ROOSEVELT AVE COOLIDGE AVE NATIONAL CITY BLVD HARDING AVE I-5 Four different systems will be used in this project. System 1 consists of the application of a 3/8-inch ARAM layer followed by a Type II slurry seal and is utilized on streets in need of minimum asphalt maintenance. System 2 consists of the application of a 3/4-inch asphalt leveling course plus System 1 and is utilized in residential areas. System 3 consists of grinding approximately 1-inch off the surface full width, applying a 3/4-inch asphalt leveling course and a 3/8-inch ARAM layer followed by a 1.2-inch gap graded asphalt rubberized hot mix and is utilized on high traffic areas (bus routes). System 4 consists of grinding 1-inch for 6-feet from edge of curb, applying a 3/8-inch ARAM layer followed by a 1.2-inch gap graded asphalt rubberized hot mix and is utilized on high traffic residential areas. Staff has reviewed all the proposals and found the lowest responsive bidder, Manhole Adjusting Contractors, Inc., qualified to perform the work. As stated in the Financial Statement, the total cost of the project is estimated to be $3,943,000. This amount includes the construction bid price of $3,313,214.39 plus approximately 12% ($398,000) for contingencies, and approximately 7% ($232,000) for materials testing, inspection, and surveying. RESOLUTION NO. 2005 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT IN THE AMOUNT OF $3,313,214.39 TO MANHOLE ADJUSTING CONTRACTORS, INC. FOR THE NATIONAL CITY STREET RESURFACING PROJECT, WHICH INCLUDES THE REPAIR OF BITUMINOUS PAVEMENTS IN VARIOUS LOCATIONS WITHIN THE CITY WHEREAS, the Engineering Department did, in open session on September 14, 2005, publicly open, examine and declare all sealed bids for the National City Street Resurfacing Project, which includes the repair of bituminous pavements in various locations within 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, which the repair of bituminous pavements in various locations within National City to the lowest responsive, responsible bidder, to wit: MANHOLE ADJUSTING CONTRACTORS, INC. BE IT FURTHER RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute on behalf of the City a contract in the amount of $3,313, 214.39 between Manhole Adjusting Contractors, Inc and the City of National City for the National City Street Resurfacing Project, which the repair of bituminous pavements in various locations within National City. Said contract is on file in the office of the City Clerk. PASSED and ADOPTED this 4th day of October, 2005. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney BID OPENING SPECIFICATION NUMBER: 04-9 PROJECT TITLE: NATIONAL CITY STREET RESURFACING PROJECT, FY 05-06 OPENING DATE: WEDNESDAY, SEPTEMBER 14, 2005 TIME: 3:00 P.M. ESTIMATE: $2,865,000 PROJECT ENGINEER: ALBERTO GRIEGO NO. BIDDER'S NAME (PAGE 13) BID AMOUNT (PAGE 16) ADDENDA (PAGE 13) BID SECURITY PAGE 19)-CHECK AGE 20) BOND) 1 • Manhole Adjusting Contractors Inc. 9500 Beverly Road Pico Rivera, Ca 90660 $3,313,214.39 N/A Bond 2. Western States Surfacing, Inc. 1601 Culpeppel Avenue Modesto, Ca 95351-1138 $4,113,621.75 N/A Bond bid04-9 CITY OF NATIONAL CITY - BID SUMMARY ,PROJECT NAME: NATIONAL CITY STREET RESURFACING PROJECT, FY 05-06 SPECIFICATION NO. 04-09 PROJECT NO. 6035 FILE NO.: BID DATE: September 14, 2005 •APPARENT LOW BIDDER Manhole Adjusting Contractors, Inc LOW BID AMOUNT: $3,313,214.94 ENGINEERS ESTIMATE: 52,865,000.00 X X FIGURES CHECKED BY: Albert Griego and Kenneth Fernandez CHECKLIST ALL SIGNATURES ARE AFFIXED TYPE & AMOUNT OF BOND ADDENDUMS TO BE ACKNOWLEDGE SIGNATURE SUBCONTRACTORS SUBCONTRACTORS BOND CHECK YES Various Various YES SIGNATURE SUBCONTRACTORS SUBCONTRACTORS BOND CHECK YES Various Various YES AFFIDAVIT DISCLOSURE . , ADDENDUMS N/A AFFIDAVIT DISCLOSURE ADDENDUMS N/A 1 2 NO. ITEM QTY. UNIT ENGINEERS ESTIMATE Manhole Adjusting Contractors, Inc. Western States Resurfacing. Inc. 9500 Beverly Rd., Pico Rivera, CA 90660 1601 Culpepper Ave, Modesto, CA 95351 (323) 558-8000 (209)525-9065 UNIT COST TOTAL UNIT COST TOTAL UNIT COST TOTAL 1 2 3 4 5 MOBILIZATION TRAFFIC CONTROL ASPHALT RUBBER & AGGREGA 1 E MEMBRANE (ARAM) TYPE 11 SLURRY 1 1 168,533 20,069 LS LS SY SY $ 40,000.00 $ 210,000.00 $ 4.20 $ 1.8 $40,000.00 $210,000.00 $ 34,360.000 $ 71,825.000 $ 34,360.00 $ 71,825.00 $ 808,958.40 $ 58,601.48 S 1,262,412.27 $ 58,000.00 $ 77,427.00 $ 58,000.00 $ 77,427.00 $707,838.60 S 4.80 S 2.9 $ 0.945 $ 5.97 S 2.54 $ 1.11 $ 1,006,142.01 $ 50,975.26 $ 1,482,833.46 536,525.58 ASPHALT RUBBER HOT MIX GAP -GRADED 1,335,886 SF S 0.68 $908,402.48 6 i LEVELING COURSE INCLUDING CRACK CLEANING, SPEED HUMPS & MISC. PATCH COLD MILLING 693,394 715,307 SF SF S 0.50 S 0.27$193,132.89 $346,697.00 $ 0.700 $ 485,375.80 $ 167,381.84 $ 0.77 $ 533,913.381 $ 371,959.64i: $ 0.234 $ 0.52 8 • 9 ADJUST MANHOLES TO GRADE 122 244 EA EA $ 400.00 $ 300.00 $48,800.00 $73,200.00 $ 646.00 $ 212.00 $ 78,812.00 $ 690.00 $ 651.00 , $ 84,180.0Q $ 158,844.001 ADJUST VALVES CANS/HANDHOLES TO GRADE S 51,728.00 10 1 11 1 12 R&R CROSS GUTTER 1,200 2,195 1,615 SF SF SF $ 19.40 $ 25.00 $ 9.6 $23,280.00 $54,875.00 $15,536.30 $ 48.30 $ 38.65 S 57,960.00 $ 44.00 $ 52,800.0d, $ 76,825.0G $ 37,145.00 NEW CROSS GUTTER R&R SIDEWALK S 84,836.75 $ 35.00 $ 25.35 S 40,940.25 $ 23.00 13 R&R ASPHALT CURB 160 218 LF 1 $ 25.00 LF 1 $ 47.89! . $4,000.00 $ 25.35 $ 4,056.00 $ 24,198.061 $ 23.00 $ 3,680.00 14 R&R CURB AND GUTTER $10,440.02 $ 111.00, : $ 101.003 $ 22,018.001 3 CITY OF NATIONAL rY - BID SUMMARY PROJECT NAME: NATIONAL CITY STREET RESURFACING PROJECT, FY 05-06 SPECIFICATION NO. 04-09 PROJECT NO. 6035 ;FILE NO.: 1BID DATE: September 14, 2005 !APPARENT LOW BIDDER: Manhole Adjusting Contractors, Inc ;LOW BID AMOUNT: S3,313,214.94 ENGINEERS ESTIMATE: 52,865,000.00 NO. ITEM 15 16 17 18 19 NEW CURB AND GUTTER TRAFFIC STRIPPING X X X FIGURES CHECKED BY: Albert Griego and Kenneth Fernandez CHECKLIST ALL SIGNATURES ARE AFFIXED TYPE & AMOUNT OF BOND ADDENDUMS TO BE ACKNOWLEDGE QTY. UNIT 24 LF 1 REINSTALL TRAFFIC LOOPS NEW ALLEY APRON R&R ALLEY APRON SIGNATURE YES SIGNATURE YES SUBCONTRACTORS SUBCONTRACTORS ........ BOND CHECK Various Various YES SUBCONTRACTORS SUBCONTRACTORS BOND CHECK Various Various YES AFFIDAVIT DISCLOSURE ADDENDUMS NIA AFFIDAVIT DISCLOSURE ADDENDUMS N/A 1 2 ENGINEERS ESTIMATE Manhole Adjusting Contractors, Inc. 9500 Beverly Rd.. Pico Rivera. CA 90660 (323) 558-8000 Western States Resurfacing, Inc. 1601 Culpepper Ave, Modesto, CA 95351 (209)525-9065 UNIT COST TOTAL 34.57 S 175,000.00 27 EA $ 420.00 200 SF 10.78 $829.68 $175,000.00 $11,340.00 $2,156.00 30 SF 20 NEW PEDESTRIAN RAMPS 2 21 DEMOLISH CONCRETE STRIPS 35 EA SF 10.78 $323.40 $ 1,300.00 20.00 $2,600.00 UNIT COST 80.90i S $ 47,900.00 $ 480.00 $ 39.85 S TOTAL UNIT COST 1,941 60 $ 47,900.00 $ 12,960.00 $ 7,970.06 $ 37.00 $ 75.00 TOTAL 1,800.00 62,454.00 $ 62,454.00 550.00 $ 65.20i S 1,956.06 $ 60.00 $ $ 3,740.00 S 7,480.00 $ 3,500.00 $ 14,850.00 7,400.00 1,800.00 7,000.00 $700.00 $2,865,000.00 44.60 1,561.00 $ 45.00 1,575.06, $ 3,313,214.39 15.64% 4,113,621.75 43.58% COMPANY HISTORY Manhole Adjusting Contractors, Inc. Our Company started business in April 1978 and it was incorporated in November 14, 1980 (State of California). We are a General Engineering Contractor focused on street and highway improvements. Mr. John Corcoran is the company president. Our customers range from public agencies to private owners. And our geographic location (about 10 miles East of Los Angeles) permits us to move our resources easily from Santa Maria (to the North), to the South Border, and from the Pacific Coast to our California Limits. Currently, the majority of our business is related to Asphalt Rubber Hot Mix (ARHM) binder manufacturing and Asphalt Rubber Aggregate Membrane (ARAM). We bid as subcontractor or as a prime contractor on projects that have these products or any combination of them. For example, we bid overlay project with ARHM, projects with interlayers (ARAM plus ARHM), or projects with cape (ARAM plus Slurry either type I or II). Thank you again for your consideration on your project and we look forward to a successful result. RESOLUTION NO. 2005 — 217 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT IN THE AMOUNT OF $3,313,214.39 TO MANHOLE ADJUSTING CONTRACTORS, INC. FOR THE NATIONAL CITY STREET RESURFACING PROJECT, WHICH INCLUDES THE REPAIR OF BITUMINOUS PAVEMENTS IN VARIOUS LOCATIONS WITHIN THE CITY WHEREAS, the Engineering Department did, in open session on September 14, 2005, publicly open, examine and declare all sealed bids for the National City Street Resurfacing Project, which includes the repair of bituminous pavements in various locations within 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, which the repair of bituminous pavements in various locations within National City to the lowest responsive, responsible bidder, to wit: MANHOLE ADJUSTING CONTRACTORS, INC. BE IT FURTHER RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute on behalf of the City a contract in the amount of $3,313, 214.39 between Manhole Adjusting Contractors, Inc and the City of National City for the National City Street Resurfacing Project, which the repair of bituminous pavements in various locations within National City. Said contract is on file in the office of the City Clerk. PASSED and ADOPTED this 4'h day of October, 2005. Nic '"'unza, ": yor ATTEST: Mic -el R. Dall- City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Passed and adopted by the Council of the City of National City, California, on October 4, 2005, by the following vote, to -wit: Ayes: Councilmembers Inzunza, Morrison, Natividad, Parra, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: NICK INZUNZA Mayor of the City of National City, California w N � rA./ - City C -rk of the ity o National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2005-217 of the City of National City, California, passed and adopted by the Council of said City on October 4, 2005. City Clerk of the City of National City, California By: Deputy City of National City Office of the City Engineer 1243 National City Blvd., National City, CA 91950 (619) 336-4380 Fax: (619) 336-4397 October 14, 2005 REVIEW AND APPROVAL OF CONTRACT DOCUMENTS FORM PROJECT: NATIONAL CITY STREET RESURFACING PROJECT, FY 05-06 ENGINEERING SPECS. NO. 04-9 AWARDING RESO. 2005-17 DATE: 10/2/05 CONTRACTOR: MANHOLE ADJUSTING INC. ******:************************************************************************ TO: City Attorney The following original contract documents are submitted for your review and approval: 1. 3_ Copies of Contract Agreement 2. _a_ Copies of Performance Bond 3. a Copies of Payment Bond 4. l_ Copies of Certificates of Insurance If these documents are satisfactory, please forward them along with this form to the Mayor for his signature. COMMENTS: omp ete ******************************************************************************** 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. 1 Original copy to the Engineering Department. Please release the .' s bonds of the unsuccessful bidders. *************************************************************************** Submitted b Approved by: Al. : e Associate C Stephen M. I4irl3patrick City Engineer Review ® Recycled Paper PRODUCER Aon Risk Services, Inc. of Southern California 707 Wilshire Boulevard, Suite 6000 �fd III ISSUE DATE MM/DDIYY 10M 9 005 /2 ) 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 Los Angeles, CA 90017 (213) 630-3200 COMPANIES AFFORDING COVERAGE GOMPANYTTER A National Union Fire Ins. Co. of Pitts, PA LE CODE SUB -CODE COMPANY INSURED LETTER Et Manhole Adjusting Contractors Inc. 9500 Beverly Rd. CO PRNY C Pico Rivera, CA 90660 COMPANY LETTER D COMPANY LETTER E a%) C e 4 g i ["'. t�,� :t �t �i�i�� �-�-ifn 12 f +rd f rC " -. il;.' i',> i�« k�[ THIS IS TO CERTIFY THAT 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, CO TR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/Y`O POLICY EXPIRATION DATE (MIWDD/YY LIMITS A IGI-EE,IINERALLIABILITY U COMMERCIAL GENERAL LIABILITY ❑ CLAIMS MADE 'OCCURRENCE ❑ OWNERS & CONTRACTORS PROTECTIVE CPerProjectAggregate GL 706-58-37 4/30/2005 4/30/2006 GENERAL AGGREGATE PRODUCTS•COMP/OPS AGGREGATE PERSONAL & ADVERTISING INJURY EACH OCCURRENCE $ 2,000,000 $ 2,000,000 $ 1 ,000,000 $ 1,000,000 ❑ MEDICAL EXPENSE (ANY ONE PERSON) $ 5,000 AUTOMOBILE LIABILITY k ANY AUTO CA 826-20-46 4/30/2005 4/30/2006 CSL 1,000,000 . ALL OWNED AUTOS n❑ SCHEDULED AUTOS BODILY INJURY (PER PERSON) A L1 HIRED AUTOS 5 NON -OWNED AUTOS BODILY INJURY (PER ACCIDENT) ❑ ❑❑ GARAGE LIABILITY REVISED C ERTI FIC ATE PROPERTY DAMAGE) EXCESS LIABILITY ❑ FOR, III OTHER THAN UMBRELLA FORM MUMBRELLA ° r S r^ajA i. }}� v P A pl'f - °CCURRFNCF ACH AGGREGATE A WORKERS' COMPENSATION WC 118-02-09 4/30/2005 4/30/2006 STATUTORY U pq° uo w r 6 II A a'a a aj `es �e AND EMPLOYERS' LIABILITY $ 1,000,000 (EACH ACCIDENT) $ 1 ,000,000 (DISEASE POLICY LIMIT) $ 1,000,000 (DISEASE EACH EMPLOYEE) OTHER DESCRIPTION OF OPERATIONSfLOCATIONSNEHICLESIRESTRICTIONSISPECIAL ITEMS Manhole/04/05 (3)/646/15800 RE: City of National City, National City Street Resurfacing Project, FY 05-06, Specification No. 04-09, Our Job No. GP05-3-1617 and MP051-1-3522. City of National City its officers, employes, and agents are included as Additional Insured as respects General Liability arising out of operations (work) performed by or on behalf of the Named Insured. °,t rr`Its �l iA`�are.8.1,.tarf.'. City of National City Office of City Clerk yam'' ,.... �.�..ra'�a�vo,gc,7.,.=- .' . iFrlildr=t,i�rllr'IPt6 rrlta#n,.' SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL 9908K200 MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 1243 National City Blvd. National City, CA 91950 II AUTHORIZED REPRESENTATIVE a }( <y�l.'�'` „f xa¢ `RICk ,,,t' sJa'�� {7 p p pr n'�� jP" `z`C v �s py^. {d..,� x, Ir J( ��G�d.[d ✓. '� p- art a,'„', li-��+ra$axar.'... UihO.�Flc.x@n�t% w. ..v -a➢9.. ..�L�e�. 1'fixe1VK. �ss.. +�2,� ^�.i>�YxYNi&r. awl rfs .�& �1,�@!G�/MIIYM40.d'.Nwarv�iftsaai��`LAT POLICY NUMBER:GL 706-58-37 COMMERCIAL GENERAL LIABILITY CG20100704 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): City of National City its officers, employes, and agents. Location(s) Of Covered Operations RE: City of National City, National City Street Resurfacing Project, FY 05-06, Specification No. 04-09, Our Job No. GP05- 3-1617 and MP051-1-3522. 15800 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. CG20100704 ISO Properties, Inc., 2004 Page 1 of 1 POLICY NUMBER: GL 706-58-37 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE 04/05 (3) / 646 / 15800 Name Of Additional Insured Person(s) Or Organization(s): City of National City its officers, employes, and agents. Location And Description Of Completed Operations RE: City of National City, National City Street Resurfacing Project, FY 05-06, Specification No. 04-09, Our Job No. GP05-3-1617 and MP051-1- 3522. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products - completed operations hazard". CG 20 37 07 04 ISO Properties, Inc., 2004 EMERGENCY NOTIFICATION LIST NATIONAL CITY STREET RESURFACING PROJECT, FY 05-06 SPECIFICATION NO. 04-9 DATE: 9/23/05 In reference to Section 7-6 of the Standard Specifications my/our representatives at the construction site for the above subject project will be: Name Emergency Telephone Number(s) John Velez Business: (323) 558-8000 Ce11: (-213) 718-5240 Name Mike Silva I am aware that one of the named represen work is in progress. Further each of emergency situation and have complete e Emergency Telephone Number(s) Cell: (213) 718-7129 shall be present at the work site whenever ible persons can be contacted in an on the Contractor's behalf. Contractor John Corcoran, President Name and Title Signa of Contractor Maria Elena Corcoran, Vice President Name and Title Note: Two signatures are required if a corporation. City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Della, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 November 30, 2005 Mr. John Velez Manhole Adjusting Inc. 9500 Beverly Rd. Pico Rivera, CA 90660-2135 Dear Mr. Velez, On October 4, 2005, Resolution No. 2005-217 was passed and adopted by the City Council of the City of National City, awarding a contract in the amount of $3,313,214.39 to Manhold Adjusting, Inc. for the National City Street Resurfacing Project. Attached you will find a certified copy of the above Resolution and one fully executed original contract. Michael R. Dalla City Clerk Enclosure File No. C2005-61 ® Recycled Paper