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HomeMy WebLinkAbout2007 CON Koch Armstrong - Street Resurfacing Project FY 06-07CONTRACT NATIONAL CITY STREET RESURFACING PROJECT SPECIFICATION NO. 06-03 THiS CONTRACT made and entered into this 3`d day of April, 2007 by and between the City of National City, California, herein after designated as the "City", and Koch Armstrong General Engineering, inc., hereinafter designated as the "Contractor". WITNESSETII: 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 06-07 SPECIFICATION NO. 06-03 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 he. 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 06-07 SPECIFICATION NO. 06-03 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 he specifically enforceable under the prevailing arbitration law. Notice of the demand for arbitration is to he filed in writing with the other party to this Contract and with the American Arbitration Association. 1'he 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 06-07 SPECIFICATION NO. 06-03 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: By: 'Title: CITY: By: Title: PRESIDENT Federal ID. No. 33-0791759 By: Title: Mayor, City of National City ATTF. S" I': CHRISTOPH R ARMSTRCNG 14.1N17 KCX)I By: Title: City Clerk, City of National City (Notarial acknowledgement of execution by all PRINCIPALS OF CONTRACTOR must be attached.) personally appeared MA State of CtiLrn� County of SanDipGU On before m jck YYre1� o {��140 (DATE) AME,ITITLLEE OFOFFIICCERA-i.e.'JANE YOE. NOTA PUBLIC') INAMEISI OF SIGNERIS)I \ikpersonally known to me -OR- ❑ DMA M. !NEWER CQarraion : 1679561 ► zlcri Pubic - CalMalnla ; San Dego Copy My `tarrt>,OpMiMay23,2009 Wit (SEAL) else to be the person(s) whose name(s) felare subscribed to the within instrument and acknowledged to me that Nelsbelthey executed the same in F'is/her./their authorized capacity(ies), and that by Frit. heo/their signature(s) on the instrumentthe person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. s m hand and official seal. (SIGNATUR NOTARY) ATTENTION NOTARY The information requested below and in the column to the right is OPTIONAL. Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any unauthorized document. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document Number of Pages Date of Document Signer(s) Other Than Named Above WOLCOTTS FORM 83240 Rev. 3-94 (pt.. class 8-2A) ©1994 WOLCOTTS FORMS, INC. ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITY,WEPRESENTATION/TWO FINGERPRINTS RIGHT THUMBPRINT (Optional) CAPACITY CLAIMED BY SIONERIS) OINDIVIDUALIS) ❑CORPORATE OFFICER(S) (TITLES) OPARTNER(S) ❑LIMITED ❑GENERAL ❑ATTORNEY IN FACT °TRU STEE (S) -')GUARDIAN/CONSERVATOR ❑OTHER: SIGNER IS REPRESENTING: Marne of Person(U or Entitylies) RIGHT THUMBPRINT (Optional) TOY OF I111* CAPACITY CLAIMED BY SIGNER(S) OINDIVIDUAL(S) ❑CORPORATE OFFICERIS) (MIAS) °PARTNER'S) ❑LIMITED ❑GENERAL °ATTORNEY IN FACT CTRUSTEE(S) °GUARDIAN/CONSERVATOR ❑OTHER: SIGNER IS REPRESENTING: (Name of Person(s) or Entttylles) 7 JR 8 CONTRACT (CONTINUED) NATIONAL CITY STREET RESURFACING PROJECT, FY 06-07 SPECIFICATION NO. 06-03 CORPORATE. CERTIFICATE QHtISTOPUER ARMSTRCIC certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that Q1RIS1OPHE R ARMSTR X , who signed said contract on behalf of the Contractor, was then SECRETARY 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, 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 tie scope of its corporate powers. Corporate Seal: ARMSTROM CONTRACT (CONTINUED) NATIONAL. CITY STREET RESURFACING PROJECT, FY 06-07 SPECIFICATION NO. 06-03 PARTNERSHIP CERTIFICATE STATE OF ) ) ss COIJN'TY OF ) On this day of , 2007, before me, the undersigned, a Notary Public in and for said County and State, personally appeared: (Notarial Seal) known to me to he 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: PERFORMANCE BOND NATIONAL CITY STREET RESURFACING PROJECT, FY 06-07 SPECIFICATION NO. 06-03 KNOW ALL MEN BY THESE PRESENTS: That EXECUTED TN TRIPLICATE BOND NO. 2065196 PREMIUM: $6,859.00 Premium Is For Contract Term And Is Subject To Adjustment Based On Final Contract Price WHEREAS, the City Council of the City of National City, by Resolution No.2007-62 passed the 3rd day of April, 2007, has awarded to Koch -Armstrong General Engineering, Inc., hereinafter designated as the "Principal", the NATIONAL CITY STREET RESURFACING PROJECT, SPECIFICATION No. 06-03. 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 NORTH AMERICAN SPECIALTY INSURANCE COMPANY as surety, are held and fumly bound unto the City Council of the City of National City, hereinafter called the "Council", in the penal sum of SIX HUNDRED AND NINETY FOUR TFIOUSAND ONE HUNDRED AND FIFTY ONE DOLLARS AND TEN CENTS ($694,151.10) 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 is 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 aid_Sut tt , 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. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 5r93 State of CALIFORNIA County of SAN DIEGO On 4/27/2007 DATE } before me, DEBORAH D. DAVIS, NOTARY PUBLIC NAME, TITLE OF OFFICER - E.G.. "JANE DOE, NOTARY PUBLIC' personally appeared KAREN JEAN HALL NAME(S) OF SIGNER(S) 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 ac- knowledged 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. personally known to me - OR - ❑ DEBORAH D. DAVIS COMM. #1737411 NOTARY PUBUC-CALIFORNIA .�i. T'r SAN DIEGO COUNTY ^' ,.: My Comm. Exp APRIL 21, 2011 WITNESS my hand and official seal. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Though the data requested here is not required by law, R could prevent fraudulent reattachment of this form. SIGNATURE OF NOTARY OPTIONAL SECTION OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to till in the data below, doing so may prove invaluable to persons retying on the document. INDIVIDUAL CORPORATE OFFICER(S) TITLES) PARTNER(S) � LIMITED GENERAL ® ATTORNEY -IN -FACT TRUSTEE(S) 0 GUARDIAN/CONSERVATOR EI OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE YJ J t / PERFORMANCE BOND (CONTINUED) NATIONAL CITY STREET RESURFACING PROJECT, FY 06-07 SPECIFICATION NO. 06-03 In the event suit is brought upon this bond by the City of National City and judgment 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 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 27TH day of APRIL 2007. • NORTH AMERICAN SPECIALTY KOCH-ARMSTRONG GENERAL INSURANCE COMPANY (SEAL) ENGINEERING, INC. (SEAL) BY: KAREN JEAN MALL, ATTORNEY —IN —FACT Surety (SEAL) (SEAL) APPROVED AS TO FORM George - �Zia� nor Attorney H. Elsa',City III BY: (SEAL) CHRISTOPHER ARMSTRONG, (SEAL) SECRETARY Principal 1 •V PERFORMANCE BOND (CONTINUED) NATIONAL CITY STREET RESURFACING PROJECT, FY 06-07 SPECIFICATION NO. 06-03 ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF COUNTY OF ) On this day of , 2007, for said County and name is subscribed to the within ) ss before me, the undersigned, a Notary Public in and State, personally appeared known to me to be the person whose instrument, and acknowledged to me that he Surety, and his own nine as attorney -in -fact. instrument as the attorney -in -fact of the , the corporation named as Surety in said subscribed the name of said corporation thereto as NOTE: Signature•of those executing for I NOTE: The Attorney -in -fact must attach a Surety must be properly certified copy of the Power of acknowledged. 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 NAS SURE T'i' GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATI'ORNE1' KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of Arizona and having its principal office in the City of Itasca, Illinois, each does hereby make, constitute and appoint: JOHN MALONEY, HELEN MALONEY, MARK D. IAI AROLA, KAREN JEAN HALL, and MATTHEW C. GAYNOR JOINTLY OR SEVERALLY Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in die nature of a bond on behalf of each of said Companies, as surety. on contracts of suretyship as are or may be required or permitted by law. regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority, shall exceed the amount of TEN MILLION (10,000,000.00) DOLI.ARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 24h of March, 2000: "RESOLVED, that any two of the President; any Executive Vice President. any Vice President, any Assistant Vice President, the Secretary' or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." 1�WaRlpNpj' �a ra : V".G SEAAI :O = Steven P. Anderson. Freedom & Chief Lesca4rc Orncar of Wariuptan International lasuraxe Caopaay h W Z /in r, f n Vice President of Smolt A,nerira. Specialty enamor. Coraymnv -. % e-pix By David M. layman, Vice Presidcat of Washington Intentional rrnurance Caspany d. Vino P,aaideat of North Aaerican Sundae) Insurance Company IN WITNESS WHEREOF, North American Specialty insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 28th day of June , 20(l6 . State of Illinois County of Du Page ss North American Specialty insurance Company Washington International Insurance Company On this 28th day of June , 20 06 , before me. a Notary Public personally appeared Steven P. Anderson . President and CEO of Washington International Insurance Company and Vice President of North American Specialty insurance Company and David M. Layman , Vice President of Washington International Insurance Company and Vice President of North American Specialty insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Powcr of Attorney as officers of and ackmowlcdged said instrument to be the voluntary act and deed of their respective companies. Susan Ansel, Notary Public I, James A. Carpenter . the duly elected Assistant Secretary' of North American Specialty Insurance Company and Washinnton International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company. which is still in full force and effect. IN WITNESS WHEREOF, 1 have set my hand and affixed the seals of the Companies tttis27Ullay of APR IL 20 07 Jane: A Carporle• V re Presider: h Assistant Secrete. of Washington International Ineurencn Common h Noce Amerman Spmaln Imuranct CornMnv State of CALIFORNIA County of SAN DIFX On iT7 before me, LYNDA M. EIREWER, NOWITAT PrJfLT IDAT I [NAME/TITLE OF OFFICER-1.11.':ANE DOE, NOTARY PUBLIC', personally appeared CHRISrnPfJFr AIMS RONG INAMEISI OF SIGNER'S)} L personally known to me -OR- ❑ (SEAL) at-e 'od to me en t#e. auideflee to be the person(z) whose name(,+) is/are subscribed to the within instrument and acknowledged to me that he/fore/thee executed the same in his/her/tneif authorized capacity(+eai, and that by his/+ter/t4ar signature(g) on the instrumentthe person(+!), or the entity upon behalf of which the person) acted, executed the instrument. Witness my hand and official seal. 234iLea, ISIGNATURE OF NOTARY/ ATTENTION NOTARY The information requested below and in the column to the right is OPTIONAL. Recording of this document is riot required by law and is also optional. It could, however, prevent fraudulent ati fGhrTyr;rlt of this certif. ate to ny unauthorized docurnent. �1l r�ncea THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Documerrt Number of Paper Dare of Document Sipner(sl Other Than Named Above WOLCOTTS FORM 63240 Rev. 3-94 rpn^.4 elm R-2AI ©1994 WOLCOTTS FORMS, INC. ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITY/REPRESENTATION,TWO 'INCERPRINTS RIGHT THUMBPRINT IODtlonel) CAPACITY CLAIMED BY SIONERIS) OINDIviouALIs) ❑CORPORATE OFFICERIS) ITITLLs1 OPARTNER(S) °LIMITED °GENERAL °ATTORNEY IN FACT CTRUSTEE(S) ❑GUARDIAN/CONSERVATOR °OTHER: SIGNER IS REPRESENTING: (Nerne of Personla) or Entityllee) RIGHT THUMBPRINT (Optional) 0 0 CAPACITY CLAIMED BY SIGNERIS) °IND)VIOUAL)S) ❑CORPORATE OFFICERIS) MMTLES) OPARTNE:RISI °LIMITED °GENERAL °ATTORNEY IN FACT OTRU STEE (S) ❑GUARDIAN/CONSERVATOR °OTHER: . SIGNER IS REPRESENTING: /Name of Personls) or Entitylies) 7 IIlllIlllIIuiiiiu 8 EXECUTED IN TRIPLICATE BOND NO. 2065196 PREMIUM INCLUDED IN PERFORMANCE BOND PAYMENT BOND NATIONAL CITY STREET RESURFACING PROJECT, FY 06-07 SPECIFICATION NO. 06-03 KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City Council of the City of National City, by Resolution No.2007-62, passed the 3rd day of April, 2007 has awarded to Koch -Armstrong general Engineering, Inc., hereinafter designated as the "Principal", the NATIONAL CITY STREET RESURFACING PROJECT, SPECIFICATION No. 06-03. WHEREAS, said Principal is required by Chapter 5 (couunencing 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 NORTH AMERICAN SPECIALTY INSURANCE COMPANY 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 ofSIX HUNDRED NINETY FOUR THOUSAND ONE HUNDRED FIFTY ONE AND 10/100 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 sarne 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. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of . County of SAN DINGO On4/27/2007 before me, DATE personally appeared No 5193 CAT [FORMA /1 DEBORAH D. DAVI.S, NOTARY PUBLIC NAME. TITLE OF OFFICER - E.G.. "JANE DOE, NOTARY PUBLIC' KAREN JEAN HALL ® personally known to me - OR - ❑ DEBORAH D. DAVIS COMM. #1737411 NOTARY PUBLIC-CALIFORNIA t SAN DIEGO COUNTY IL My Comm. Exp. APRIL 21, 2011 NAME(S) OF SIGNER(S) 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 ac- knowledged 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. WITNESS my hand and official seal. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. SIGNATURE OF NOTARY OPTIONAL SECTION OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. El INDIVIDUAL CORPORATE OFFICER(S) TITLEIS) PARTNER(S) LIMITED ID GENERAL ® ATTORNEY -IN -FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE PAYMENT BOND (CONTINUED) NATIONAL CITY STREET RESURFACING PROJECT, FY 06-07 SPECIFICATION NO. 06-03 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 27TH day of APRIL , 2007. NORTH AMERI.CAN SPECIALTY KOCH-ARMSTRONG GENERAL INSURANCE COMPANY (SEAL) ENGI;NE);•T G. IN (SEAL) BY: _ I.� /,(/ li(0,(i�SEAL) BY : (SEAL) KAREN JEAN HALL, (SEAL) CHRISTOPHER ARMSTRONG, (SEAL) ATTORNEY -IN -FACT SECRETARY Surety Principal APPROVED AS TO FORM George H. Eiser, 111 City Attorney PAYMENT BOND (CONTINUED) NATIONAL CITY STREET RESURFACING PROJECT, FY 06-07 SPECIFICATION NO. 06-03 ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF ) ) ss COUNTY OF ) On this day of , 2007, 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 instrument, 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. Signature: NOTE: The Attomey-in-fact must attach a certified copy of the Power of Attorney. 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 NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of Arizona and having its principal office in the City of Itasca. Illinois, each does hereby make, constinite and appoint: JOHN MALONEY, HELEN MALONEY, MARK D. IAT.AROLA. KAREN JEAN HALL and MATTHEW C. GAYNOR JOINTLY OR SEVERALLY Its true and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Conipalties. as surety, on contracts of suretyship as are or may be required or permitted by law. regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: TEN MILLION (10,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 24' of March, 2000: "RESOLVED. that any two of the President, any Executive Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named 'tit the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." By Steven P. Anderson. Pnaideul & Chid Executive Officer of Wu►vgloa laleerutioal Inuranre Company & Vier Pre'WN,I of North Asaeeicew Specialty Iomnaee Company By _-'�/♦//--sue+ David M. Layman. Vice Praaideal of Was/modem Iale.v .inns, insurance Cwupa.re & Vice resident of Nenb American Specialty tasuriuce Company IN WITNESS WI IEREOF, North American Specialty insurance Conipany and Washington international Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 28th day of _ June . 2006 State of Illinois County of Du Page ss. North American Specialty Insurance Company Washington International Insurance Company On this 28th day of June 20 06 , before me. a Notary Public personally appeared Steven 1'. Anderson , President and CEO of Washington International Insurance Company and Vice President of North American Specialty Insurance Company and David M. Layman , Vice President of Washington international Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. Susan Ansel, Notary Public 1, James A. Carpenter _ , the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International insurance Company, do hereby ceitify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WI IEREOF, 1 have set my hand and affixed the seals of the Companies this 27T-lnay of APRI.L 20 07 Jamie: A Carpentm. V,ce Preankm & Ass,atam Secre an or Washmnon Inleraooal Insurance Compare & tined. American Specials Insurance Cwnpus State of CALIFORNIA County of SAN DIEGO O MATE' before me, LYNDA M. BRA, NOTARY PUBLIC (NAME/TITLE OF OFFICER-{.e,'JANE DOE. NOTARY PUBLIC') personally appeared cHRrsIoPR R ARMSTRONG INAME(SI OF :;I GNERISIi EN personally known to me -OR- LM,N M. SKEWER Corrrrllwbn IP )679561 Wary Pubic - cdUomla Son Diego County MyCo m .BpleiMay23, 2009 (SEAL! 5rovcd t� r tz—onr-& osis of setisfoet-ery. e,rid erne to be the person(S') whose name.() is/afe subscribed to the within instrument and acknowledged to me that he/site/hey executed the same in his/iie /their authorized capacity(iosl, and that by his/her'tieie signature(sl on the instrument the person(ra), or the entity upon behalf of which the person(o) acted, executed the instrument. Wit ss my hand and official seal. 0..... tq 'nV SJ NA I U E OF OTLARYI l 1 ?f ♦X- ATTENTION NOTARY The information requested below and in the column to the right is OPTIONAL. Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent aLtz.. meat of this certificat- to any unauthorized document. THIS CERTIFICATE MUST DE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Typo of Document Number of Pages late of Documen Signer's) Other Than Named Above WOLCOTTS FORM 63240 Rey. 3-R4 (price elan 8-2A1 ©1994 WOLCOTTS FORMS, INC. ALL PURPOSE ACKNOWLEDGMENT WTM SIGNER CAPACITY/REPRESENTATION/TWO FINGERPRINTS RIGHT THUMBPRINT (Optional) TOP nr TIIUMS IIr9E CAPACITY CLAIMED BY SIGNER(S) °INDIVIDUALIS) °CORPORATE OFFICERIS) ITITLESI ❑PARTNER(SI CLIMITED ❑GENERAL CATTORNEY IN FACT CTRUSTEE(SI °GUARDIAN/CONSERVATOR °OTHER: SIGNER IS REPRESENTING: (Name of Person(4 or Entity/lea: RIGHT THUMBPRINT !Optional) 1 E CAPACITY CLAIMED BY SIONERIS) DINO/VIDUAL/SI °CORPORATE OFFICERS) ITITIES1 JPAHTNERIS) .LIMITED °GENERAL °ATTORNEY IN FACT ❑TRUSTEE(S) C GUARDIAN/CONSERVATOR COTNER: . SIGNER IS REPRESENTING: (Name of Person(s) or Ent(tyl/ea) 9 8 EMERGENCY NOTIFICATION LIST NATIONAL CITY STREET RESURFACING PROJECT, FY 06-07 SPECIFICATION NO. 06-03 DATE: APRIL 30, 2007 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) 4N Y KO( , PRESIDENT 619-445-3107 LICME 619-921-8947 CFEJ, Name Emergency Telephone Number(s) JUIN MATI'OS. I .IFST MAGER 760-79R-2R51 BMW. 619-921-2190 CFr.T, I am aware that one of the named representative(s) shall he present at the work site whenever work is in progress. Further each of these responsible persons can be contacted in an emergency situation and have complete authority to act on the Contractor's behalf. _11(,1- ( Signature of Contractor MONPY KOQI, PRESIDENT Name and Title Signatur of Contractor CHRISTOPHER ARMSRRONG, SECRETARY Name and Title Note: Two signatures are required if a corporation. Client#: 8021 KOCHARM ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 05/09/07 PRODUCER John Burnham SD 1612 750 B Street, Suite 2400 San Diego, CA 92101-2476 800 421-6744 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 NAIC # INSURED Koch Armstrong General Engineering Inc P. O. Box 1190 Lakeside, CA 92040 INSURER A: Lexington Insurance Co. 19437 INSURER B: National Union Fire Insurance INSURER c: Travelers Property Casualty Ins Co INSURER D 36161 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. IQSL LTR NSRG TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DDIYY) POLICY EXPIRATION DATE IMM/DDTYY) LIMITS A GENERALUABII.ITY COMMERCIAL GENERAL LIABILITY 6761032 07/01/06 07/01/07 EACH OCCURRENCE 31,000,000 X DAMAGE TO RENTED PREMISES fEe occurrsncel S50,000 1 CLAIMS MADE X OCCUR MED EXP (Any one person) sExcluded X BI/PD Ded:10000 PERSONAL C ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GFN'I. AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG S2,000,000 —I POLICY n PRO- T 1 LOC C AUTOMOBILE UABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS $2,000 Comp Ded 8109322B451 07/01/06 07/01/07 COMBINED SINGI F I IMIT (Ea accident) $1,000,000 X BODILY INJURY (Per parson) X BODILY INJURY (Per accident) X _ X PROPERTY DAMAGE (Per accident) X $2,000 Coil Ded GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ __ OTHER THAN EA ACC $ AUTO ONLY: AGG $ B EXCESS/UMBRELLALIABIUTY BE4802780 07/01/06 07/01/07 EACH OCCURRENCE 55,000,000 X I OCCUR I I CLAIMS MADE RETENTION $ 10000 AGGREGATE s5,000,000 $ XIDEDUCTIBLE S WORKERSCOMRC'1C•TIO" A.., EMPLOYERS' LIABIUTY ANY PROPRIETOR/PARTNER/EXECU T IVE OFFICEWMEMBER EXCLUDED? tl yes, describe under SPECIAL PROVISIONS below WC STATU- OTH- TORY I IMITS ER E.L. EACH ACCIDENT S E.L. DISEASE - EA EMPLOYEE S EL DISEASE - POLICY LIMIT 5 OTHER DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Subject to policy limits, conditions and exclusions. Re: National City Street Resurfacing, Project FY 06-07, Spec. 06-03. The City of National City, its officers, employees and agents are Named as Addl Insd (GL) per captioned operations of the Named Insd. CERTIFICATE HOLDER City of National City 1243 National City Blvd. National City, CA 91950 CANCELLATION Ten Day Notice for Non -Payment of Premium SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL Ittoe dRRxa MAIL _30_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, moaitscutcwoommudx RoacsmuituansucitoomitaximaximaiumeoutonotiboeuegibunibooisaueRxxx xriascsinuesoVxxx Al1TyQjtIZED REPRESENTATIVE Z ACORD 25 (2001/08)1 of 2 #S384468!M340513 KRCHO 0 ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-5 (2001/08) 2 of 2 #S384468IM340513 ENDORSEMENT # 017 This endorsement, effective 12:01 AM 07/01 /2006 Forms a part of policy no.: 6761032 Issuedto:KOCH-ARMSTRONG GENERAL ENGINEERING INC By:LEXINGTON INSURANCE COMPANY ADDITIONAL INSURED -- OWNERS, LESSEES DR CONTRACTORS (FORM B) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART'. SCHEDULE Name of Person or Organization: THIS ENDORSEMENT APPLIES TO COMMERCIAL WORK ONLY WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. All other terms and conditions remain unchanged. LEXDOOZ21 LXD404 Authorized Representative OR Countersignature (In states where applicable) Client#: 8021 KOCHARM ACORD- CERTIFICATE OF LIABILITY INSURANCE rDATE (MM/DDIYYYY) 05/09/07 PRODUCER John Burnham SD 1612 750 B Street, Suite 2400 San Diego, CA 92101-2476 800 421-6744 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 NAIC # INSURED Koch Armstrong General Engineering Inc P. O. Box 1190 Lakeside, CA 92040 COVERAGES INSURER A Praetorian Insurance Company 37257 INSURER B INSURER C INSURER 0 INSURER E: 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 POUCIES 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 LTA ADD ANSRrs TYPE OF INSURANCE POUCY NUMBER POUCY EFFECTIVE DATE (MMIDD/YY) POLICY EXPIRATION DATE (MMIDD/YY) LIMITS GENERAL LIABILITY COMMERCIAL GENERALLIABILITY EACH OCCURRENCE S DAMAGE TO RENTED PREMISES /Fa occurrence) occurrence) $ _ CLAIMS MADE I 1 OCCUR MED EXP (Any one person) S — -) PERSONAL & ADV INJURY S GENERAL AGGREGATE S GEML AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG S POLICY PRO- —^ LOC JECT AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SQ IEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LINT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) $ GARAGE LIABIUTY ANY AUTO AUTO ONLY - EA ACCIDENT S OTHER TIi4N EA ACC 5 AUTO ONLY: AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE S IOCCUR I 1 CLAIMS MADE DEDUCTIBLE RETENTION S AGGREGATE $ S $ 1 $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? II yes, describe under SPECIAL PROVISIONS below P00050227900 04/01/07 04/01/08 X DORY LIMITS ER E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE 51,000,000 C.L DISEASE - POLICY LIMIT 51,000,000 OTHER DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Certificate is subject to policy limits, conditions and exclusions. Re: National City Street Resurfacing, Project FY 06-07, Spec. 06-03. CERTIFICATE HOLDER City of National City 1243 National City Blvd. National City, CA 91950 CANCELLATION Ten Day Notice for Non -Payment of Premium SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE TICE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL gtemiiinum MAIL 3fl DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, AfQ2etlXILI ALI1QOfiO0J6Y<7t107( mexiiR]ID[7G ttatiotom AUdittia DtR titmen amontOecalexx Xxx)x9fA( XRRxxx ineerattlIMUILKU A IZED REPRESENTATIVE ACORD 25 (2001/08)1 of 2 #S384471/M377753 KRCHO 0 ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S (2001/08) 2 of 2 #S384471/M377753 RESOLUTION NO. 2007 — 62 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO KOCH ARMSTRONG GENERAL ENGINEERING, INC. IN THE AMOUNT OF $694,152 FOR THE NATIONAL CITY STREET RESURFACING PROJECT WHEREAS, the Engineering Department, in open session on March 21, 2007, did publicly open, examine, and declare four sealed bids for the National City Street Resurfacing Project. 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 to the lowest responsive, responsible bidder, to wit: KOCH ARMSTRONG GENERAL ENGINEERING, 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 $694,152 between Koch Armstrong General Engineering, Inc. and the City of National City for the National City Street Resurfacing Project. Said contract is on file in the office of the City Clerk. PASSED and ADOPTED this 3rd day of April, 20Q5. Ron Morrison, Mayor ATTEST: Micel R. Della, Clerk C' APPROVED AS TO FORM: tTh/D :� George H. u1,ser, III City Attorney Passed and adopted by the Council of the City of National City, Califomia, on April 3, 2007 by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Parra, Ungab, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California `Ik .4 City Cle..of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2007-62 of the City of National City, California, passed and adopted by the Council of said City on April 3, 2007. City Clerk of the City of National City, California By: Deputy co�-il City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE April 3, 2007 AGENDA ITEM NO. 21 (-ITEM TITLE Resolution of the City of National City to award a contract in the amount of $694,152 to K 2 Armstrong General Engineering, Inc. for the National City Street Resurfacing Project, FY 06-07, Specification No. 06-03. Fundcd by Gas Tax Fund Account No. 109-409-500-598-6035, Proposition "A" TransNet Account No. 307-409-500-598-6035, and Traffic Congestion Relief Fund Account No. PREPARED BY 345 409-500-598 6035. DEPARTMENT EXT. 4386 Alberto Griego Engineering EXPLANATION See Attached Explanation. Environmental Review X N/A MIS Approval Financial Statement AA The total cost of the project is estimated to be $902,396. Approved By: (/c�, FI awe oirec w This amount is within the estimated budget for this project. Funding is available through Account Numbers 109-409-500-598-6035, 307-409-500-598-6035, and Wc 4(416598-6035. /STAFF RECOMMENDATION (� ►/ Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) I. Resolution 2. Bid Opening Sheet resurfacing Resolution No. f 1 3. Bid Summary A-200 (Rev. 7/03) Resolution of the City of National City to award a contract in the amount of $694,152 to Koch Armstrong General Engineering, Inc. for the National City Street Resurfacing Project, FY 06-07, Specification No. 06-03. Funded by Gas Tax Fund Account No. 109-409-500-598-6035, Proposition "A" TransNet Account No. 307-409-500-598-6035, and Traffic Congestion Relief Fund Account No. 345-409-500-598-6035. Explanation On March 21, 2007, four (4) bids were received and opened for the National City Street Resurfacing Project, FY 06-07, Specification No. 06-03. 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 PC1 values. The following streets will be included in the street resurfacing project: BRANCH E. 30th ST. HONEYSUCKLE LN. W. 2ND ST. E.17TH ST. E. 26TH ST. THELMA WAY E. 28TH ST. E AVE. G AVE. E. 5th St. E 18TH ST LINCOLN CT. W.12TH ST. FROM HIGHLAND AVE. NORTH CITY LIMIT ROOSEVELT AVE. J AVE. D AVE. E. 4TH ST. L AVE. E. 4TH ST. E. 4TH ST. THELMA WAY NEWEL ST. CITY LIMITS MCKINLEY AVE. TO L AVE. PLAZA BLVD. NATIONAL CITY BLVD. L AVE. F AVE. HARBISON ELEMENTARY SCHOOL N AVE. E. 8TH ST. E. 8TH ST. SHELL AVE. GROVE ST. W/O BRIDGE GROVE AVE (AS MARKED) 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, 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 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, Koch Armstrong General Engineering, Inc., qualified to perform the work. As stated in the Financial Statement, the total cost of the project is estimated to be $902,396. This amount includes the construction bid price of $694,151 plus approximately 15% ($104,125) for contingencies, and approximately 10% ($69,415) for materials testing, inspection, and survevinu BID OPENING SPECIFICATION NUMBER: 06-3 PROJECT TITLE: NATIONAL CITY STREET RESURFACING, FY 06-07 OPENING DATE: WEDNESDAY, MARCH 21, 2007 TIME: 3:00 P.M. ESTIMATE: $750,000 PROJECT ENGINEER: ALBERT GRIEGO NO. BIDDER'S NAME (PAGE 16) BID AMOUNT (PAGE 16) ADDENDA (PAGE 12) BID SECURITY (PAGE 18-CIIECK (PAGE 19-BOND) 1 Koch -Armstrong Gen. Eng. P.O. Box 1190 Lakeside, Ca 92040 $694, I5l .06 1, 2 BOND 2. Manhole Adjusting Contractors, Inc 9500 Beverly Road Pico Rivera, CA 90660 $836,651.91 1, 2 BOND 3. JD Paving 1412 Barham Drive San Marcos, CA 92078 S861,329.70 1, 2. BOND 4. Hardy & Harper Inc. 1312 E. Warner Road Santa Ana, CA 92705 $894,813.30 1,2 BOND BID06-3 PROJECT NAME SI'ELIF11'Arp':s NO 46.03 CITY OF NATIONAL CITY - BID SUMMARY I'R ,rcr. FY 1 s-( PROJi NO Ili U D.II'L.. Wednesday. ',larch-1,]au' AI'TARI'NT 1IIW I01)I)FR Koch, rll;Iron? C.A. Fr.ti.lar. 1.1)',(' inn ,A\101: NT, 5694,!S'.116 T:\t;INF:R.12� I.STI51A IF: S,50.002110 NO. I O 1_ ITEM 51( ) 11. Ii STIC`. Ail.IA .r RIInnER A' A(iGR ( 'TI: +.IEMIlRAd4E •ARA6': "i'I: 11 i1 '.. IL°S ILUT P.t;lt i5R H(l1' ha` t 4i' CP.\:3FD LI I 3.1.I( 1', R".F iNC1: 'DING CI .'1: ('IF\'.I. ( SPFF 1:((:PS. 55 MIS:. PATCH ('c:111,;:.1.1Nc •,'+1 S: r.14S1 )1.:: '.(: :;R,\LP: AU:'.'ST `:AL. II' i'A`:i' IL'.N7 (1(::.I:S'I3' G1(...5 R,5R S:D1:STALK L Is.(:] C1;-.1; AS:: G4.1S.R Etd(n:P \'.I11<I 'I. ••\G! CROSS (•lf ;: ER IL INSTA.l.:., NI: A. 1:1: 1J rlR< BAST'. RID T(sTA1, FIGURES CHECKED BY: CHECKLIST y I 4LL SIGNATURES APE AFF 511: -YFT & AMOI:I,T (lr OONr ADDE N DUTAS 10 F.- AC <NOWLLHi1- QTY. UNIT ENGINEERS ESTIMATE ,:NI- COST Kenneth Fernandez YES Y.., 51t,5Al1 =.r. 03/26/07 YFs YI:S "TS YI:S S Koch-Armstruog Gen. Eng.. Inc. 1' 0. lion 1190 Lakeside. CA 92040 619-561-2005 IOTA- UNIT COST 1 LS 6 45.1.315 S.S(03:50 :0..453 SY S 5207.183'5 S 23.855 SY S , 50 S83492. 5o S 10.411 1 SF S , _ S 75,588 75 S 21.805 Sr S . - S151,801 :)0 S 1. 43213 SF iS Cl' S14_0.29 I 14 E 4 S ( 5) a( S8 40, 13) O EA S 24005 S'9230C 61 , Si' S 27 01> So-.SSO CO C, . 10 51.300(n Sr S 5Si0 S3.5201.3 I.S S 20 1:40 Cc S20 0.00 JO EA S "...MCI" SI4 F4)00 S' 50 1024 2N �S 2' 2,331)5S 41 (n00CC. S 62C S 21',- S 1I7 S • 0 661 b 33:001 S 1 S 15(50(�..5 iS .1 CO S cc 031 S S 7 2 JO i S 18,32000 S 44000l S S 3-26/2037 Spec #: 05-05 1 Manhole Adjuring Contractors, Inc.'J.D. Paving. Inc. '9500 Beverly Road 1412 Barham Drive Picu Rivera. CA 9066U 1S99 Marcos. CA 92078 !323-558-8000 j760-233-2980 TOTAL NIT COST 1 O _AL UN:T COST TOTAL , T; 20L -.1.)' S 12.00.. 30: S 2000 377 S 9,280 CO I 9,280 OC j :1601.03 S 3,50 DO S 3.5000:) S 1392003 S 13,92000 YES 14 rr. YF5 Yss YTS 3 24A67360 S 66,294GO. $ 164 35. 03' S 1 80,429 511 S 1598851' S 4634 00 S 5,',4°J0 S 676700i S 4. 370 n: b 4.60% CC1 S 15,32E (C)I- S I7,041070 12,32:3J 5 4C000 5 75j S 22691225 S 24C! S 57,252.00; S S 6,4,:51 36 2.3u S 12 S 0 33 S +2 963 90 S 5400(71-5 7.5601..) S 419.005 11,51(100 S 14 H--i� �� S 882310: S 7211.00. S R'70. S 561280I S 560( S S 17,33000. S b 11,203001 S 1 6 741 S 265980 621 3501 S A349250 323,0833(1 S------I2R1 S 179:80288 ._ ._. . 1 .—. 136486 5( I 1 38 I S 168,170.94 28 S 55,31264 522 00 S ' 108 00 348 00 S 11.484 CO 4872 S 3C,16024 723 84 55.68 S 3,563 52, 19,56340 I 19,5E 4Cj 45243 S 126672C1 I 81%65191 ! S 561,379"11 1: 55°•, 1 14 64% Page 1 of 2 PROJECT NAME 51-XIL0T RFSL1F11:ACIN(i 111i01,(-1. SI11:3:1'ICATIoN ,1, 06.33 PROJEC" NO r•l) Wil flsj,.rflcflioa, 1111)1,471. VI ord,,estla,, March 7.1, 2007 A ep,,,KENT Low 14114I41 14 4<-:,11-P!mortun Gen. En.. Inc. I ()W RID AMOUNT. S.4,IS4 VEE RS Etil !NIAFI NO • ITEM 1 11.3111( )•.; ITS1110.1 fi,1;;f( liATF 6SP1' 61 1 1::(111,111111,11..213 S1-.3. eAP 1;RA . ; 1`..41 (TM \ (1 li<Al4.. CI LAN:SI(1, SIT( 1:1:-. SF'S C(31 1) N11.1.:NG Al1R,ST MA1.:11(3-..ES 8 V.7.1.1.42 CANS, HANS ;4(.1 FS 2(: (2F61.1t1 R.C11 S1 lL29 6:.F. CITY OF NATIONAL CITY - BID SUMMARY FIGURES CHECKED BY: Kenneth Fernandez .11S A Y.: 1.1 11 1.1A 03/26/07 4 Hardy & Harper, Inc. 1312 E. War., Ave Santa An. CA 9/-05 QTY. , UNIT 714-444-1851 • UNIT COST TOTAI UNIT COST TOTAL ..1 LS i S.. 141330 CI. 5 141710( ,i01 i 4:.170 ,13 S 48,3'10 00 .,.c : 5 2S,42; /0 01. S ?;1,100. .3./i $ 71 107, (3 2 21,005.33 39 4:3 SY - 5 A 25 S :4, ,43 1'.' . 5 !,.24: $ 246,75. 811 23.815 1 SS S 2 7s S 63.r '.11 25i S 2 86: S 68,284 CAI i I 1 1::/,471 ! F S i 4,0i 2 W.71 '.., SC 5 1 561 S 29,455 941 :21,80.1 1; SF S 0 7,1; C .31.3C2 25 S 0 ,li S 119,121081 43.2.3 SF . i 3 36; S 1.124 CSI S 0 5, S 24,84248 14 CA ! S 6'25 00' S 8 750 001 S 504 56 S 7,363 00 ... V 6 11, S -,.., 617 13 1 F S 2042631 S 2.600 DOI S 102 92 S I.337 96 • 64 Sr S 5 . S 53 1:5 S 1,446 D8 I ...S 5 40,030 Ct . S 411,301: 00 5 23.72C. '..5 I 2.3,720 85 , 1 :.8 . fA S MO GO.; S :c R30 C.11 $ 473 10I S 12.246 F 0 i . 1 i S 864,3 3 3D 1, ; S ,. S21,2136 5; ; -1— — 1 1.1 106'. 9 56°6 RE,11.AUE (.2()SS GI 1126121-14.2 5111011:NO 1 .3 14 10,1NSTAI 1. TI.AFFR: AVERAGE (4 CONTRACTORSII . _ 450 DO S i 4 ±so ce. s 141 00 5 11.253 031 1 24.1/0 i 12,340 0(.! S 21 51 S 14,502 S9 3126,2007 Spec ft 05-05 Page 2 of 2 City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Dalla, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 May 29, 2007 Mr. Monty Koch President Koch Armstrong General Engineering, Inc. P.O. Box 1190 Lakeside, CA 92040 Dear Mr. Koch, On April 3, 2007, Resolution No. 2007-62 was passed and adopted by the City Council of National City, awarding a contract to Koch Armstrong General Engineering, Inc. We are enclosing for your records a certified copy of the above Resolution and a fully executed original contract. Sincerely, i✓, Michael R. Dalla, CMC City Clerk Enclosure cc: Engineering Department ©* Recycled Paper