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HomeMy WebLinkAbout2008 CON Koch Armstrong - Street Resurfacing Project FY 08-09CONTRACT NATIONAL CITY STREET REST JRFACING PROJECT, FY 08-09 SPECIFICATION NO. 08-04 THIS CONTRACT, made and entered into this l7`h day of June. 2008 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". WITNL•SSETII: that the parties hereto do mutually agree as follows: I. For and in consideration of the payments and agreements hereinafter mentioned to he 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 08-09 SPECIFICATION NO. 08-04 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 he 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 he 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, executors, administrators. successors and assigns, do hereby agree to the full performance of the covenants herein contained. CONTRACT (CONTINUED) NATIONAL CITY STREET RESURFACING PROJECT, FY 08-09 SPECIFICATION NO. 08-04 4.'t he 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 he 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 he 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 he final and judgement may he enter upon it in accordance with applicable law in any court having jurisdiction thereof. 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. CONTRACT (CONTINUED) NATIONAL CITY STREET REET RESURFACING PROJEC I . FY 08-09 SPECIFICATION NO. 08-04 IN WITNESS WHEREOF, the parties hereto have caused this Contract to he executed in three counterparts, each of which shall be deemed an original the day and year first above written. CONTRACTOR: iKc h--Ailm, rung General Engineering, Inc. Li CITY: By: Title: President By: Fide: Soc. retary Federal ID. No. By:_ Title: Mayor, City ol'National City AT"I EST: By: Title: City Clerk. City of National City (Notarial acknowledgement of execution by all PRINCIPALS OF CONTRACTOR must be attached.) 33-0791759 Monty Koch CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Califprnia County of U ( Q On.) U (E 2CL �� before r aA.242.r �' L'�II Daly Meru Ir16er Name an�T le of the Officerpersonally appeared ►' �r4 1��.).ch 1'� �'hr► IIIM c1 rn Name(3) of Signer( IMCM A. Carol t bri 1167%61 - Hefty NOM-C.Mkpla tan 3 .. Coub Piece Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) rs'are subscribed to the within instrument and acknowledged to me that he/ahe/they executed the same in 49is/4er/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. I certify under PENALTY OF PERJURY under the laws of the State o - forma that the foregoing paragraph is true and co OPTIONAL Though the information below is not required by law. it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached current 6i�1 � Title or Type of D ent: (" 1•��i r-'' '( t (�y _ L-Eq Document Date: +1l. S T SLU �� 'Number of Pages. Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signers Name: Individual : Corporate Officer — Title(s): I _ Partner -- rJ Limited General I : Attorney in Fact f i Trustee I I Guardian or Conservator Li Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER lop of thumb here Signer's Name: E Individual Corporate Officer — Title(s): Partner — IJ Limited LI General Attorney in Fact Trustee I' Guardian or Conservator L Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER TOO of thumb here 02007 NaGaral Notary A66oO 1,0, 9350 De Sulu Ave_ PO. &lox 2402 •Chatsworth. CA 91313.2402 • w1»vNaIonaJNOWry pp Item 15907 H6or091. Call IdLFHee 1.800.87ti.032y CONTRACT (CONTINUED) NATIONAL CITY STREET RESURFACING PROJECT, FY 08-09 SPEC1FICA l'ION NO. 08-04 CORPORATE CERTIFICATE President 1. Monty Koch _ certify that I am the 'oo t7 of the Corporation named as Contractor in the foregoing Contract; that _airistopher Armstrong _ . 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, Christopher Arnbirong certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that Monty Knch _, who signed said contract on behalf of the Contractor, was then president of said Corporation; that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers. Corporate Seal: CONTRACT (CONTINUED) NATIONAL. CITY STREET RESURFACING PROJECT. FY 08-09 SPECIFICATION NO. 08-04 PARTNERSHIP CERTIFICATE STATE OF ) ) ss COUNTY OF ) On this day of _ , 2008, before me. the undersigned. a Notary Public in and for said County and State, personally appeared: (Notarial Seal) known to me to be of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. Signature: Name (Type or Print): (Notary Public in and for said County and State) My Commission expires: EXECUTED IN TRIPLICATE BOND NO. 2081142 PREMIUM: $34,885.00 PERFORMANCE BOND NATIONAL CITY STREET RESURFACING PROJECT, FY 08-09 Premium Is For Contract Tenn And Is Subject To Adjustment SPECIFICATION NO. 08-04 Based On Final Contract Price KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City Council of the City of National City, by Resolution No. , passed the 17th day of June, 2008 has awarded to Koch -Armstrong General Engineering, Inc., hereinafter designated as the "Principal", the National City Street Resurfacing Project, FY 08-09 Specification No. 08-04. 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 firmly bound unto the City Council of the City of National City, hereinafter called the "Council", in the penal sum of Five million Three hundred and twenty seven thousand dollars ($5,327,000.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the above bounden Principal, his/her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said contract any alteration thereof made as therein provides, on his or 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. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT NO 397 r1t1\'\titi\1�1\tt1\. \1 ,,,,,, �,,\tom\"`\tt\\',\\'\\\`\11ti1\\\\\',,\11\111ti\1titi\\\1\\\\\\\ti\\ti,,11\1\'\- - : - / 1 State of California ) OPTIONAL SECTION / / CAPACITY CLAIMED BY SIGNER pCounty of SAN DIECO ) Though statute does not requre the Notary to / / fill in the data below. dong so may prove / .m'aluahle to persons ref,,ing co the document. On 6/18/2008 before me. DEBORAH 1). DAVIS, NOTARY PUBLIC , ID INDIVIDUAL / CORPORATE OFFICER(S) / Mite, personally appeared KAREN JEAN HALL ❑ / rwhoproved to me on the basis of satisfactoryevidence to be theperson(s) whose name(s) is/are I 1 / ❑ PARTNER(S) ❑ LIMITED / subscribed to the within Instrument and acknowledged GENERAL J to me that he/she/they executed the same in his/her/ ❑ / / their authorized capacity(ies), and that by his/her/their ®ATTORNEY IN FACT signatures) on the instrument the person(s), or the entity ❑ 1 RUS t EEIS) 6 / _ upon behalf of which the person(s) acted, executed the ❑ GUARDIAN/CONSERVATOR f, .r-.'...-Jb„r,.,,'�4,<,.A, instrument. 1 a DEBORAH D. DAVIS ! ❑ OTHER: J / cf, K COMM. 41737411 I certify under PENALTY OF PERJURY under the laws of / z _G., / y NOTARY oir& COUNTY gNIA the State of California that the foregoing paragraph is SAN n1EGp 1 C L!(4tj My Comm Fn.)APRIL 21. 2011 i true and correct. / / — �,vi SIGNER IS REPRESENTING: t WITNESS my hand and official seal NeML VI PI HsuN s VN LNI YliL Si / 1 �Qn THIS CERTIFICATE MUST BE ATTACI IED TO THE DOCUMENT DESCRIBED AT RIGHT Signature of Notary OPTIONAL SECTION I I TLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT Though the data requested here ,s not requred by law. it could prevent fraudulent reattachment of this form. SIGNER(E) OTI IER TI IAN NAMED ABOVE i BY: KOCH-ARMSTRONG PERFORMANCE BOND (CONTINUED) NATIONAL CITY STREET RESURFACING PROJECT, FY 08-09 SPECIFICATION NO. 08-04 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 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 1ST11 day of JUNE 2008. NORTH AMERICAN SPECIALTY INSU ' CE COMPANY (SEAL) GENERAL ENGINEERING, INC. (SEAL) SEAL) BY: ` w (SEAL) KAREN JEAN W L C11R1 T ER ARMSTRONG, ATTORNEY -I. ACT (SEAL) SECRETARY (SEAL) Surety Q '7'R11 10sc *am . George H. Attorney CitY Principal PERFORMANCE BOND (CONTLNUED) NATIONAL CITY STREET RESURFACING PROJECT, FY 08-09 SPECIFICATION NO. 08-04 ATTORNEY -INN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF )ss COUNTY OF ) On this , 2008, 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. NOTF,: The Attorney -in -fact must attach a certified copy of the Power of Attorney. Signature: Name (Type or Print): Notary Public in and for said County and State My Com ission expires: APPROVED AS TO FORM: By: George H. Eiser, lII City Attorney SS: 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, constitute and appoint: JOHN MALONEY, HELEN MALONEY, MARK D. IATAROLA, KAREN JEAN iTALI and MATTIlEW C. GAYNOR JOINTLY OR SEVE,RAi.i.Y Its true and lawful Anomey(s)-in-Fact, to make, execute, seal and deliver, for and ou 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 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: TWENTY-FIVE MILLION ($25,000,000.00) DOLLARS Phis 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 24th 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 theni 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 RE.SOi.VED, 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 he 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. Ander..w, Praidnt & Chid SSSCgIU* Ofrtea of Wnhitr(toa lattrtmooael bnuruce Compaq) & Vice Parades, of Nona Ataerkan Specialty inwnace Comp..y By David M. Layman, Vey President of W ultbpea International lawman. Company & Vim Picsaleal of North Aotenaau Specialty Imamate Cempaay 44, IgICORPORATE%'Ai zit SEAL Io- ti AWia % i e • IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International insurance Company have caused their official seals to he hereunto affixed. and these presents to be signed by their authorized officers this 30th day of January . 2008 North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Du Page On this 30th day of Jaaua4_. 20,,,, °8 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 mc, 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. "OFFICIAL SEAL" SUSAN ANSEL Notary Plt/rc. Slate of gins I Comnlssioll Blmirrrs7/D21C0e I. James A. Carpenter , the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington 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 18TI1 LN WITNESS WItEIt,EOF, I have set my hand and affixed the seals of the Companies this day of JUNE J 20 08 . Susan Ansel, Notary Public Jas. A Ca,$14a. Vic Plm•dau & Amman! Sozetw) of Wiihrngtop taternWolW I'c,.rrce Comosnv & Noah Annear Specialty Insurance Co rtpam CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A PZC-; ?ter x s asYcrycs State of California County of Sin Diego On June 18, 2(18 Dar } before me, Lynda M. Brewer, Notary Public sera Insert Name and Tole OI Ide Officer personally appeared Christopher Armstrong of Srgonr(r) DMA M. illE1Miit Commute f 1579561 Way Ra16 - CalOM San ONpo CMS* 1i1y,�pfltn �pMHAair?d. 2009 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person07 whose name(S) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/hef/their-signaturekS) on the instrument the person(4, or the entity upon behalf of which the persorAs) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State o0,tlifornia that the foregoing paragraph is true and cor / WIT�ES'ty hnd and off icial�eal. Signet OPTIONAL Signaling- ul Nal:oy P,rin,r. Though the information below is nut required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Performance Bond - City of National City - Nt] . City. Street Re —surf., Document Date: - Slgner(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: L Individual IT Corporate Officer — Title(s): J Partner — L Limited _ General Attorney in Fact Trustee I I Guardian or Conservator Other: Signer Is Representing FY 08-09 Number of Pages: RIGHT THUMBPRINT OF SIGNER Signer's Name: Individual Corporate Officer — Title(s): J Partner — Limited 7 General J Attorney in Fact - Trustee T Guardian or Conservator I I Other: Signer Is Representing RIGHT THUMBPRINT OF SIGNER IUU of !Inuit, Hun_ e.'Qi `:.(iisli`C�rii�"Q(i",-.4., L"t%V`C.(.x.4; = 1iiK re1.1Vi'i • '.ir,Xr,Y i ` 4,12‹, nKl{`,ZiGNW'.r NP&","61t�{ (r)20(17 Ndxtnril Nnlnry ACSc-TatiOn• g350 Oe Soto Ave . PO Box 2402 •ChalSw0rte eA y1313.2402 • erynr NdLlrnaINutaiywg Heal e5007 RwmLv Can Toll -Free 1 ABB A76 6R27 MI EXECUTED IN TRIPLICATE BOND NO. 2081142 PAYMENT BOND PROWRMINCLUDEDINPERFORMANCEBOND NATIONAL CITY STREET RESURFACING PROJECT, FY 08-09 SPECIFICATION NO. 08-04 KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City Council of the City of National City, by Resolution No. 2008- , passed the 17th day of Itme, 2008 has awarded to Koch -Armstrong General Engineering, Inc., hereinafter designated as the "Principal", the National City Street Resurfacing Project, FY 08-09, Specification No. 08-04. WHEREAS, said Principal is required by Chapter 5 (commencing at Section 3225) and Chapter 7 (commencing at stion 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 Cut, hereinafter called the "Council", in the penal sum of 1 IVE MILLIO THREE HUND TWENTY SEVEN lawful money p TuuusANn axn y 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 lnsuran a 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 attonaey'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. Y/1 BY: KOCH-ARMSTRONC (SEAL)GENERAL ENGINEERI G INC. (SEAL) (SEAL) BY: (SEAL) KAREN JEAN 1 L, CHRISTO ER ARMSTRONG, ATTORNEY -IN- ACT (SEAL) SECRETARY (SEAL) PAYMENT BOND (CONTINUED) NATIONAL CITY STREET RESURFACING PROJECT, FY 08-09 SPECIFICATION NO. 08-04 It is further stimulated 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 attemlrg 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 flue!' liability to those for whose benefit such bond has been given, by reason of any breachof contract between the owner of Public Entity and original contractor or ou the part of any obliges named m such bond, but the sole conditions of recovery shall be that claimant is a person described m 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 18TH day of JUNE , 2008. NORTH AMERICAN SPECIALTY INSURANCE COMPANY Surety g_. Gooree H. Eiser, III City Attorney Principal PAYMENT BOND (COMINUED) NATIONAL CITY STREET RESURFACING PROJECT, FY 08-09 SPECIFICATION NO. 08-04 ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF COUNTY OF )ss On this day of , 2008, 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 instnnncnt 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. NOTE: The Attorney -in -fact must attach a certified copy of the Power of Attorney. Signature: Name (Type or Print): (Notary Public in and for said County and State) My Commission expires: APPROVED AS TO FORM: By: George H. Eiser, lit 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 Alnericarl Specialty Insurance Company, a corporation duly organised 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 orcanized 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: JOiiN MALONEY. HELEN MALONEY, MARK D. iATAROLA, 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 behalt'and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as arc 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: TWENTY-FIVE MILLION (S25,000,000.00) 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 241h 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 Auorncy or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate hearing 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." S.• SEAL `- ;i24 11113 tu`n . rt.! o B. Stereo P. Aadereon. Preaide.t & CG,N Elective Office of P.a a•Itoa Inter.atgeal IYuraere Company & Vice Pomade!. of Sant Amrrine SpeeWry laaura.re rename) By David M. Lemma, Vice Preardeat of wei.m;ter IeIMaamal lo,uramre Company & Vie President of North American 5p.rialiy In+unore Compa.Y Gircr-r iN WITNESS WHEREOF, North American Specialty insurance Company and Washington International Insurance Company have caused tli it official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 3013 day of January , 20 North American Specialty insurance Company Washington International Insurance Company State of Illinois County of Du Page On this 30th day of January . 20 08 , before mc, 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 SS: 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. "OFFICIAL SEAL" SUSAN ANSEL Notary 9bdte. S131e vl Biros My Communal Ez yes 716Q006 Susan Ansel. Notary Public I. James A. Carpenter , the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington 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. 18TH IN Wll'NESS WHEREOF, i have set my hand and affixed the seals of the Companies this day of JU'E , 20 08 . hues A Carpenter %'ire Pre,,dent & Assistant Secretary of Wahnntui U.: ra/ AAA Wino:! Cumpaor & North Ament>o Spec oJiy brown! Company CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diego On June 18._2005 before me, Date personally appeared _ ChristopherArnrSLrcmg LINDA a INEWEt Comtrhbn / 16791161 Notary t+ac - Caaa+fo San dew Cagily 14/CorrrrnE) ai Um 7b.2C09 ✓lace Notary See' Anon• Lynda M. Bretver Notary Publ is Here Inert Name and TIlle of the ()finer Sig OPTIONAL Nemals) of Gagner(s) who proved to me on the basis of satisfactory evidence to be the person() whose name.(t) is/art& subscribed to the within instrument and acknowledged to me that he/she/they-executed the same in his/her/their authorized capacity(ios), and that by his/fief /theirsignatur (e) on the instrument the person(,*), or the entity upon behalf of which the person(acted. executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my, 1110. and official se I. Signature of Notary fic Though the information below is not required by law it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Payment Bond - City of National City, Ntl. City Street Resurf. FY 0S-09 Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name. I- I Individual Corporate Officer — Title(s): ❑ Partner — - Limited rJ General Attorney in Fact L: Trustee I I Guardian or Conservator Other: Signer Is Representing RIGHT THUMBPRINT OF SIGNER Number of Pages: Signer's Name: - J Individual ' Corporate Officer — Title(s): Partner — _ Limited General Attorney in Fact ' Trustee Guardian or Conservator Other: Signer Is Representing. RIGHT THUMBPRINT Or SIGNER Top of ll i, nil, npre (02007 Naaonal Notary ASSOMIIer . g:i.50 De Solo Ave . ro Box 2402 • Cti:,tsworti,...A ar�rzxac 'tg1ic 13lr.2402•www N:mulalNulary.org lien- e5907 Rnrcmr C:W Tue.I-ree t-61XU43/bb027 Client#: B021 KOCHARM ACORD. CERTIFICATE OF LIABILITY INSURANCE PRODLiCER BB&T - John Burnham Insurance Services 750 B Street, Suite 2400 San Diego, CA 92101-2476 800 421-6744 DATE (MMIDOIYYYY) 06/17108 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 Employers Insurance Company of Wausa INSURER National Union Fire Ins Co Pittsburg 21458 19445 INSURER C INSURER D INSURER E COVERAGES THE ANY MAY POLICIES. II SWADD'L LIT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMEN I WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HERON IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NW, TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVETPOLICY EXPIRATION DATELMM/DOIYYI DATE IMMIDDIYYI LIMITS A GENERALLIABILITY COMMERCIAL GENERAL l LAM T' TBKZ91446265027 07/01/07 07/01/08 EACH OCCURRENCE S1,000,000 X DAMAGTO RENTED PREM SFS Fe occurrence) S100,000 CLAIMS MADE X OCCUR MED EXP (Any one person) S10,000 X BIIPD Ded:10000 PERSONAL a ADV INJURY 31,000,000 GENERAL AGGREGATE 32,000,000 GEM. AGGREGATE LIMIT APPLIES PER. Kim), X JEci LOG PRODUCTS - COMP/OP AGG $2,000,000 A AUTOMOBILE LIABILITY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS $2,000 Comp Ded ASCZ91446265017 07/01/07 07/01/08 COMBINED SINGLE LIMII (Ea acc(deM) $1,000,000 JANY BODILY INJURY (Per person) X BODILY INJURY IPer occident) X X PROPERTY DAMAGE (Per accident) X $2,000 Coll Ded GARAGE LIABILITY ANY AUTO I AUTO ONLY - EA ACCIDENT I OTHER THAN EA ACC 3 AUTO ONLY. AGG S B EXCESS/UMBRELLA X I LIABILITY BE3134135 07/01/07 07/01/08 EACH OCCURRENCE S1,000,000 OCCUR CLAIMS MADE AGGREGATE S1,000,000 S RETENTION S 10000 1DEDUCTIBLE X S WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNEWEXECUTNE OFFICER/MFMBER EXCLUDED? II Yes. describe uncle( SPECIAL PROVISIONS below I WC STATII. OTH. TORY LIMITS ER E.L. EACH ACCIDENT S S E.L DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHIrLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Subject to policy limits, conditions and exclusions. RE: FY 08-09- National City Street Resurfacing, Spec #er 08-04. The City of National City, Its officers, employees, and agents are named as additional insured (GL) per the captioned operations of the Named Insured. 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 ROWPNERRXR MAIL . fin DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,AKKopout+xI(MXI07 iosti*MX 36R7 C1 i R 11 R I0!{ onuata R RR 30 R ancixx M R atama M R M Ronatiex a t7 (S IR R 1ametK R R R x x X RR9f3eenti axx AUTy0 IZED REPRESENTATIVE ACORD 25 (2001/08) 1 of 2 #5446444/M393785 JYHAI IC ACORD CORPORATION 1006 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 #S445444/M393785 POLICY NUMBER TBKZ91446265027 COMMERCIAL GENERAL LIABILITY CG20370704 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 I Name Of Additional insured Person(s) Or Organization(s): Location And Description Of Completed Operations Blanket as required by written contract Information required to complete this Sredule, if not shown above, will be shown in the Declarations. Section 11 — 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 dam- age" caused, in whole or in part, by 'your work' at the location designated and described in the sched- ule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". CG 20 37 07 D4 e•• ISO Properties, inc., 2DD4 Page 1 of 1 ❑ POLICY NUMBER.' TBKZ91446265027 COMMERCIAL GENERAL f1ABIIITY CG2D1007D4 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 Organtzation(s): Blanket as required per written contract Location si Of Covered O• erations Information re uired 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 ornmissions; 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. CG20100704 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 tc 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 C ISO Properties, inc., 2004 Page 1 of 1 0 Client#: 8021 KOCHARM ACORD CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 06/17/08 PRODUCER BB&T - John Burnham Insurance Services 750 B Street, Suite 2400 San Diego, CA 92101 800 421-8744 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 NAM* INSURED Koch Armstrong General Engineering Inc P. O. Box 1190 Lakeside, CA 92040 COVERAGES INSURER A Travelers Casualty Company of CT 136170 INSURER B INSURER C INSURER D 1 INSURER B THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRAC' OR OTHER DOCUMENT MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS NAMED ABOVE WITH RESPECT IS SUBJECT TO TPOQCY EFFECTIVE DATE (MMIDDIVYI FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING TO WHICH THIS CERTIFICATE MAY BE ISSUED OR ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH 1RSR LTR ADD INSRC TYPE OF INSURANCE POLICY NUMBER POLICY EXPIRATION DATE IMM!DD/YYI LIMITS GENERAL LIABILITY ^ DAMAGE TO RENTED PREMISES lEe occunencel S MED EXP (Any one peNm) S PERSONAL 8 ADV INJURY 5 GENERAL AGGREGATE 5 GEN'L AGGREGATE LIMIT APPI IFS PER i POLICY I —I YnRE4 {] LOC PRODUCTS • COMP/OP AGE S AUTOMOBILE LIABILITY ANY AUTO ALL OWN=D AITTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED Al ITOS COMBINED SINGLE LIMIT (Ea eceMenl) S _ BODILY INJURY (PP, person) BODILY INJURY (Pef ewdent) PROPERTY DAMAGE (Per accident) GARAGE LIABILITY ANY AUTO AUTO ONLY . EA ACCIDENT S OTHER THAN FA ACC . S AUTO ONLY AGG S EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE S OCCUR — CLAIMS CLAIMS MADE DEDUCTIBLE RETENTION 5 AGGREGATE Sr S S 5 A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRICTOR/PARTNEWCXLCUTIVC OFFICER/MEMBER EXCLUDED? SPECIALft yes Cribr under S PROVISIONS helm DTEUB1852M37808 04/01/08 04/01/09 X WC STATU- OTh, TGRY I IMn4 ER F..L EACH ACCIDENT S1 ,000,000 E.L DISEASE - EA EMPLOYEE S1,000,000 E.L. DISEASE . POLICY LIMIT S1,000,000 OTHER DESCRIPTION OF OPERATORS / LOCATORS !VEHICLES Certificate is subject to policy limits, RE: FY 08-09- National City Street Resurfacing, I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS conditions and exclusions. Spec #er 08-04. CERTIFICATE HOLDER City of National City 1243 National City Blvd. National City, CA 91950 CANCELLATION Ten Dqy Notice for Non-payment of Premium SHOULD ANY OF THE ABOVE DESCRIBED POLJCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ROCXXIM CR MAIL 40 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, tommutturk xdorremodx Mr1:4R71RDAMYXI(CMCKIRROIXICRIMICCOMO POPKIiOIOgURRXxx9y(jFilO(xRRXXX XI AO5LICRRRxiOC AUTyOj 1ZED REPRESENTATIVE ACORD 25 (2001/08) 1 of 2 #S446445/M435996 JYHAI O 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 heu of such endorsement(s) DISCLAIMER The Certificate of Insurance on the reverse side of this form aoes 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 (2001/0B) 2 of 2 #S446445/M435996 RESOLUTION NO. 2008 — 107 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO KOCH-ARMSTRONG GENERAL ENGINEERING, INC. IN THE AMOUNT OF $ 5,327,000 FOR THE NATIONAL CITY STREET RESURFACING PROJECT WHEREAS, the Engineering Department, in open session on June 9, 2008, did publicly open, examine, and declare six 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 $5,327,000 with 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 17th day of June on Morrison, Mayor ATTEST: Mic el Dalla, C. ' 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 June 17, 2008 by the following vote, to -wit: Ayes: Councilmembers Morrison, Parra, Ungab, Zarate. Nays: None. Absent: Councilmember Natividad. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California l City ClCI 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. 2008-107 of the City of National City, California, passed and adopted by the Council of said City on June 17, 2008. City Clerk of the City of National City, California By: Deputy City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE June 17, 2008 AGENDA ITEM NO. 6 ITEM TITLE A Resolution of the City of National City to award a contract in the amount of $5,327,000 to Koch -Armstrong General Engineering, Inc. for the National City Street Resurfacing Project and authorizing the Mayor to sign the contract (Funded by Traffic Congestion Relief, Gas Tax and Proposition A, Proposition lb Funds and CIWMB Grants) PREPARED BY Alberto Griego DEPARTMENT Engineering EXT. 4386 EXPLANATION See Attached Explanation. cEnvironmental Review X N/A MIS Approval The total cost of the project is estimated to be $6,925,100.00. This amount is within the estimated budget for this project. Funding is available through Gas Tax Fund Account No 109-409-500-598-6035, Traffic Congestion Relief Fund Account No. 345-409-500-598-6035, Proposition TransNet Fund Account No. 307-409-500-598-6035, Proposition lb and CIWMB Funds. Account No. Financial Statement ty 4i iS ay iaIpe, STAFF RECOMMEND ION Ad • • Resol N/A ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 4. List of Streets 2. Bid Opening Sheet 3. Bid Summary 3GC4 -\C9 street A-Z00 (Rev. 7103) 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 June 25, 2008 Mr. Monty Koch President Koch -Armstrong General Engineering, Inc. P.O. Box 1190 Lakeside, CA 92040 Dear Mr. Koch, On June 17t , 2008, Resolution No. 2008-107 was passed and adopted by the City Council of the City 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, (it Michael R. DaIla, CMC City Clerk Enclosures cc: Engineering Department ® Receded Pa{xr