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HomeMy WebLinkAboutABC Construction Company - Highland Avenue Resurfacing - 2008CONTRACT HIGHLAND AVENUE RESURFACING PROJECT, SPECIFICATION NO. 08-08 THIS CONTRACT, made and entered into this 5th day of August, 2008 by and between the City of National City, California, herein after designated as the "City", and ABC Construction Co., hereinafter designated as the "Contractor". WITNESSETH: that the parties hereto do mutually agree as follows: 1. For and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the City, the Contractor agrees with the City to furnish all materials and labor for: HIGHLAND AVENUE RESURFACING PROJECT, SPECIFICATION NO. 08-08 and to perform and complete in a good and workmanlike manner all the work pertaining thereto shown on the plans and specifications therefore; to furnish at his own proper cost and expense all tools, equipment, labor and materials necessary therefore; and to do everything required by this agreement and the said plans and specifications. 2. For furnishing all said materials and labor, tools and equipment, and doing all the work contemplated and embraced in this Contract, also for all loss and damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the work until its acceptance by the City and for all risks of every description connected with the work; also, for all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as in said specifications are expressly stipulated to be borne by the City and for well and faithfully completing the work and the whole thereof, in the manner shown and described in the said plans and specifications, the City will pay and the Contractor shall receive in full compensation therefore the lump sum price, or if the bid is on the unit price basis, the total price for the several items furnished pursuant to the specification, named in the bidding sheet of the proposal, as the case may be. 3. The City hereby promises and agrees to employ, and does hereby employ said Contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to for the price aforesaid and hereby conditions set forth in the specification; and the said parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained. 28 CONTRACT (CONTINUED) HIGHLAND AVENUE RESURFACING PROJECT, SPECIFICATION NO. 08-08 4. The Notice Inviting Bids, Instructions To Bidders, Bid Proposal, Bonds, The Plans and Specifications, General Provisions and Special Provisions, and all amendments thereof, are hereby incorporated in and made part of this Contract. 5. The Contractor shall assume the defense of and indemnify and save harmless the City of National City and its officers, employees, and agents, including the private engineer, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from this Contract, or the performance of the work, regardless of responsibility or negligence. 6. Claims, disputes and other matters in question between the parties to this Contract, arising out of or relating to this Contract or the breach thereof, may be decided by arbitration if both parties to this Contract consent in accordance with the rules of the American Arbitration Association then obtaining unless the parties mutually agree otherwise. No arbitration arising out of or relating to this Contract, shall include, by consolidation, joinder or in any other manner, any additional person not a party to this Contract except by written consent containing a specific reference to this Contract and Signed by CONTRACTOR, CITY, and any other person sought to be joined. (Any Consent to arbitration involving an additional person or persons shall not constitute consent of any dispute not described therein or with any person not named or described therein.) This agreement to arbitrate and any agreement to arbitrate with an additional person or persons duly consented to by the parties to this Contract shall be specifically enforceable under the prevailing arbitration law. Notice of the demand for arbitration is to be filed in writing with the other party to this Contract and with the American Arbitration Association. The demand is to be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event is the demand for arbitration to be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. The award rendered by the arbitrators shall be final and judgement may be enter upon it in accordance with applicable law in any court having jurisdiction thereof. 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. 29 CONTRACT (CONTINUED) HIGHLAND AVENUE RESURFACING PROJECT, SPECIFICATION NO. 08-08 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed in three counterparts, each of which shall be deemed an original the day and year first above written. CONTRACTOR: CITY: Title: Kenn By: be .•_� ,/ �a�ttb ���/.. , /l,, Title: Robert Czubernat, Vice President Federal ID. No. 95-2549063 By: Title: Mayor, City of National City ATTEST: By: Title: City Clerk, City 6f National City (Notarial acknowledgement of execution by all PRINCIPALS OF CONTRACTOR must be attached.) 30 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT too 1. State of California County of San Diego On rg.aci.erz,before me, DATE personally appeared NAME(S) OF SIGNER(S) } Patricia Ann Maxwell NAME, TITLE OF OFFICER • E.G....JANE DOE. NOTARY PUBLIC- • personally known to me - OR - ❑ 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. -, PATRICIA ANN MAXWELL '� w COMM. NO.1597638 = 33 ix ti NOTARY PUBUC - CAUFORNIA rA VI,,i� SAN DIEGO COUNTY N My comm. expires July 31, 2009 __ _ — d THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Though the data requested here Is nol required by law, it could prevent fraudulent reattachment of this term. ©1992 NATIONAL NOTARY ASSOCIATION • 8238 Renmat Ave., P.O. Box 7184 • Canoga Park, CA 91309.71 • S my hand and official seal. Oncracifi 0 SIGNATURE OF NOTARY OPTIONAL SECTION TITLE OR TYPE OF DOCUMENT OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to 1111 In the data below, doing so may prove Invaluable to persons relying on the document. INDIVIDUAL CORPORATE OFFICER(S) TITLES) PARTNER(S) El LIMITED GENERAL El ATTORNEY -IN -FACT • TRUSTEE(S) El GUARDIAN/CONSERVATOR • OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE CONTRACT (CONTINUED) HIGHLAND AVENUE RESURFACING PROJECT, SPECIFICATION NO. 08-08 CORPORATE CERTIFICATE I, Wayne Czubernat named as Contractor in Kenneth Czubernat Contractor, was then President certify that I am the Secretary of the Corporation the foregoing Contract; that , who signed said contract on behalf of the 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, Wayne Czubernat certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that Robert Czubernat , who signed said contract on behalf of the Contractor, was then Vice 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: 31 CONTRACT (CONTINUED) HIGHLAND AVENUE RESURFACING PROJECT, SPECIFICATION NO. 08-08 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: 32 PAYMENT BOND HIGHLAND AVENUE RESURFACING PROJECT, SPECIFICATION NO. 08-08 KNOW ALL MEN BY THESE PRESENTS: That Bond Number: 227 98 09 Premium: Included WHEREAS, the City Council of the City of National City, by Resolution No. 2008-153 passed the 5`' day of August, 2008 bas awarded to ABC Construction Co., hereinafter designated as -the "Principal", the Highland Avenue Resurfacing Project, Specification No. 08- 08. WHEREAS, said Principal is required by Chapter 5 (commencing at Section 3225) and Chapter 7 (commencing at Section 3247), Title 15, Part 4, Division 3 of the California Civil Code to furnish a bond in connection with said contract; *ABC Construction Co., Inc. NOW, THEREFORE, we, * the Principal and Insurance Company of the West 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 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. **One Million Six Hundred Sixty Nine Thousand Seven Hundred Two and Seventy Two Cents ($1,669,702.72) THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his/her or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay any of the persons named in Section 3181 of the California Civil Code, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the Contractor and his subcontractors pursuant to Section 18806 of the Revenue and Taxation Code, with respect to such work and labor the Surety will pay for the same in an amount not exceeding the sum hereinafter specified, and also, in case suit is brought upon this bond, a reasonable attorney's fee, to be fixed by the Court. This Bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code, so as to give a right of action to such persons or their assigns in any suit brought upon this bond. 36 PAYMENT BOND (CONTINUED) HIGHLAND AVENUE RESURFACING PROJECT, SPECIFICATION NO. 08-08 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 14th day of August , 2008. Insurance Company of the West Audrey Rodriguez, Attorney -In- act Surety APPROVED AS TO FORM: t�eorrQedeer, ill City Attorney (SEAL) ABC Construction Co., Inc. (SEAL) (SEAL (SEAL) (SEAL) KPnnPth Czubern-. resident(SEAL) 37 Principal •-,.-r✓-rLI1-1 ML t\t' L) ri•-•ctJut%tGIA t N •State of California San Diego On before me, DATE NAIAE. TITLE OF OFFICER • E.G..'JANE DOE. NOTARY PUBLIC' personally appeared Kenneth Czniprnat NA1AE(S) OF SIGNER(S) 12 personally known to me - OR • ❑ 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. } Patricia Ann Maxwell PA RIT CIA ANN MAXWELL = COMM. NO.1597638 70 NOTARY PUBLIC - CALIFORNIA y SAN DIEGO COUNT1Y 2009 1,3 My comm. expires July 3 THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT FIGHT: W ESS my hand and official seal. 7�I SIGNATURE OF NOTARY OPTIONAL SECTION OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require IN Notary to 1111 In the dare below, doing ao may prove Invaluable to persons relying on the document. INDIVIDUAL 0 CORPORATE OFFICER(S) TITLE(S) PARTNER(S) LIMITED 0 GENERAL �] ATTORNEY•IN•FACT • TRUSTEE(S) [] GUARDIAN/CONSERVATOR • OTHER: SIGNER {S REPRESENTING: NAME OF PEASON(SI OR ENTITY(IES) TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT Though the data requested hero Is nol recared by law, U could prevent fraudulent reattachment of :Us lotm. SIGNER(S) OTHER THAN NAMED ABOVE ti.^ti •��-r��.�:. �`=.. :w: .... .... = 7. ...1_ _ r,. . ' C1992 NATIONAL NOTARY ASSOCIATION • 8236 Rem.:.er Ave.. P.O. Box 7184 • Canoga Park, CA 91309.71i PAYMENT BONI) (CONTINUED) HIGHLAND AVENUE RESURFACING PROJECT, SPECIFICATION NO. 08-08 (See Attached) ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY 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 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. NOTE: The Attorney -in -fact must attach a certified copy of the Power of Attorney. Signature: Name (Type or Print): (Notary Public in and for said County and State) My Commission expires: APPROVED AS TO FORM: By: George H . Eiser, III City Attorney 38 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT vj<!yS!'�S!yf!yi!'AS!AS!))t„yf,�>L!v)S!yf!vaS!vt!vaL.Nf!qi!")S!vsi!AS!'�)S`.'.�)i!�)S!'7S!yf!y9!i'iS�,yS!•)NyL,.)1t!'.1S!yS J'sS �)S!'�aS/.ra<.yS.raS�`hS�y ,;+aS.raS.'nS..)'a1:A2:'A State of California County of San Diego On AUG 14 2008 before me, Oate personally appeared Audrey Rodriquez Johanna Smith, Notary Public Here Insert Name and Title of the °titer Name(s) of Slpner(s) JOHANNA SMITH COMM. #11750064 NOTARY PUBLIC-CALIFORNIA N SAN DIEGO COUNTY c) My Commission Expires JUNE 10, 2011 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(*) whose name(*) is/af! . subscribed to the within instrument and acknowledged to me that hie/she/they executed the same in Ws/her/WO. authorized capacity(W), and that by Mtts/her/tkok signature(s) on the instrument the person(*), or the entity upon behalf of which the persona) 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 hand and official seal. Signature OPTIONAL Though the information below is not required by law, it may prove valuable to ons relying on the document and could prevent fraudulent removal and reattachment of this for to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: tore of • ry Pu. rc Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited 0 General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT TI Of S C'JE_r, Top of thumb here Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited 0 General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing. f1ICHTTHIIf;SPRINT OF S:GrJE-i Top of thumb here 02007 Nelms! Notary Aaocistlan • 9350 De Sob Ave.. P.O. Bcoc 2402 • Chatsworth. CA 01313-2402 • www.NelbnalNolaryorp Item 15007 Reorder. Cal TowFroe 1.80087E-5827 No. 0001363 ICW GROUP Power of Attorney Insurance Company of the West Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of California, Explorer Insurance Company, a Corporation duly organized under the Taws of the State of California, and Independence Casualty and Surety Company, a Corporation duly organized under the laws of the State of Texas, (collectively referred to as the "Companies"), do hereby appoint LAWRENCE F. MCMAHON, PENNY E. KELLEY, JAMES BALDASSARE, JR., MARIA WHITECAGE, AUDREY RODRIGUEZ their true and lawful Attomey(s)-in-Fact with authority to date, execute, sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. In witness whereof, the Companies have caused these presents to be executed by its duly authorized officers this 2nd day of January, 2008. 0 SEAL,9 Jeffrey D. Sweeney, Assistant Secretary State of California } ss. County of San Diego INSURANCE COMPANY OF THE WEST EXPLORER LNSURANCE COMPANY INDEPENDENCE CASUALTY AND SURETY COMPANY J. Douglas Browne, Senior Vice President On January 2, 2008, before me, Mary Cobb, Notary Public, personally appeared J. Douglas Browne and Jeffrey D. Sweeney, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument, the entity upon behalf of which the persons acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. Witness my hand and official seal. Mary Cobb, Notary Public RESOLUTIONS This Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant Secretary, are hereby authorized to execute Powers of Attomey appointing the person(s) named as Attomey(s)-in-Fact to date, execute, sign, seal, and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment, and the signature of any officer certifying the validity and current status of the appointment, may be facsimile representations of those signatures; and the signature and seal of any notary, and the seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typing, or photocopying." CERTIFICATE 1, the undersigned, Assistant Secretary of Insurance Company of the West, Explorer Insurance Company, and Independence Casualty and Surety Company, do hereby certify that the foregoing Power of Attorney is in full force and effect, and has not been revoked, and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies, and are now in full force. AUGN WITNESS WHEREOF, I have set my hand this day of AU'" 1 4 2008 Jeffrey D. Sweeney, Assistant Secretary To verify the authenticity of this Power of Attorney you may call 1-800-877-1111 and ask for the Surety Division. Please refer to the Power of Attorney Number, the above named individual(s) and details of the bond to which the power is attached. For information or filing claims, please contact Surety Claims, ICW Group, 11455 El Camino Real, San Diego, CA 92130-2045 or call (858) 350-2400. PERFORMANCE BOND HIGHLAND AVENUE RESURFACING PROJECT, SPECIFICATION NO. 08-08 KNOW ALL MEN BY THESE PRESENTS: That Bond Number: 227 98 09 Premium: $10,618.00 Premium is for Contract Term and Subject to Adjustment Based on Final Contract Price WHEREAS, the City Council of the City of National City, by Resolution No. 2008-153, passed the 5th day of August, 2008 has awarded to ABC Construction Co., hereinafter designated as the "Principal", the Highland Avenue Resurfacing Project, Specification No. 08- 08. WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contact. *ABC Construction Co., Inc. NOW, THEREFORE, we, * the Principal and Insurance Company of the West 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 One Million, Six Hundred Sixty Nine Thousand, Seven Hundred and Two Dollars and Seventy Two Cents ($1,669,702.72) 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. 33 PERFORMANCE BOND (CONTINUED) HIGHLAND AVENUE RESURFACING PROJECT, SPECIFICATION NO. 08-08 In the event suit is brought upon this bond by the Ciry 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 14th day of August , 2008. Insurance Company of the West By Audrey Rodri u z, Attorney -In -Fact Surety APPROVED AS TO FORM: (SEAL) ABC Construction Co., Inc. _(SEAL) (SEAL (SEAL) (SEAL) Kenneth Czube ZPresident(SEAL) George H. Eiser, III City Attomey 34 Principal CALIFORNIA ALL-PUhk- U NL. t\NU LL'1J L1 lit . l Stale of California County of San Diego On Wore me, DATE } Patricia Ann Maxwell NAixE. TITLE OF OFFICER • E.G.•'JANE DOE, NOTARY RAMC' personally appeared Kenneth Cz1ThPrnat NAME(S) OF SIGNER(S) i2 personally known PATRICIA ANN MAXWELL COMM. NO.1597638 • 21 NOTARY PUBUC - CALIFORNIA N SAN DIEGOCOUNTY ul �Ay comm. expires 2009 to me - OR - ❑ 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. Wjr SS my hand and official seal. 7 OPTIONAL SECTION �■ CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to 1111 In the dale below. doing so may prove Invaluable to persons relying on Ina document. INDIVIDUAL 12 CORPORATE OFFICER(S) TIaLE(S) PARTNER(S) Ej LIMITED GENERAL ATTORNEY -IN -FACT TRUSTEE(S) El GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSONS) 0R ENTITYIIES) Q W., l_1tM-. m Wut %J¢ .CS/ / SIGNATURE OF NOTARY OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT THE DOCUMENT DESCRIBED AT F..;GHT: NUMBER OF PAGES DATE OF DOCUMENT Though the data requested hero Is not mowed by law, IV'•. 11 could prevenl Ireudulenl roettochmenl d:ts form. SIGNER(S) OTHER THAN NAMED ABOVE C1992 NATIONAL NOTARY ASSOC.ATION • 8236 Aernr.et Ave.. P.O. Box 7184 • Canoga Perk, CA 91309.71i CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT vj<!yf!'�st!yf!•j;!y S!'yN•)t. �)S!•; f!y<�,.yt!yi!hL!vaf!yt!yS!yS!yi!h1!+ai!yi!yi�,-•)S.yi!•)9:hS:�+ S!•)SI�aS.yi!yS:yS.+.S„•)S!raS�yf.yS.riS!ri!yt!+aS.yS_yS_yi!nS!n State of California County of San Diego on AUG 14 2008 Date personally appeared before me, } Audrey Rodriquez Johanna Smith, Notary Public Here Insert Name and Tills of the bolter Name(e) of Slgner(s) JOHANNA SMITH COMM. #1750064 J - '� NOTARY PUBLIC-CALIFORNIA cn ' ' ; SAN DIEGO COUNTY n My Commission Expires ; JUNE 10, 2011 Place Notary Seat Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/a . subscribed to the within instrument and acknowledged to me that ime/she/they executed the same in Isis/her/task authorized capacity(j( ), and that by Mls/her/tlitsic signature(s) on the instrument the person(s), 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 hand and official seal. Signature OPTIONAL Though the information below is not required by law, it may prove valuab�o persons relying on the document and could prevent fraudulent removal and reattachment of thi , orm to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Signature Capacity(Ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited 0 General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT TI1Ur.YnPHIr1T OF y>..',Lfi Top of thumb here Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited 0 General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing' R.GHTTHUMtiPRlr:1 OF 3:GtdE.- Top of thumb here 02007 National Notary Association • 9350 De Soto Ave., P.O. Sox 2402 • Chatsworth, CA 91313.2402 • vnwi.NationalNotaiyorg Item 115007 Reader: Cal Tel -Free 1-800-875-6827 No. 0001363 ICW GROUP Power of Attorney Insurance Company of the West Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of California, Explorer Insurance Company, a Corporation duly organized under the laws of the State of California, and Independence Casualty and Surety Company, a Corporation duly organized under the laws of the State of Texas, (collectively referred to as the "Companies"), do hereby appoint LAWRENCE F. MCMAHON, PENNY E. KELLEY, JAMES BALDASSARE, JR., MARIA WHITECAGE, AUDREY RODRIGUEZ their true and lawful Attomey(s)-in-Fact with authority to date, execute, sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. In witness whereof, the Companies have caused these presents to be executed by its duly authorized officers this 2nd day of January, 2008. Jeffrey D. Sweeney, Assistant Secretary State of California } ss. County of San Diego INSURANCE COMPANY OF THE WEST EXPLORER INSURANCE COMPANY INDEPENDENCE CASUALTY AND SURETY COMPANY J. Douglas Browne, Senior Vice President On January 2, 2008, before me, Mary Cobb, Notary Public, personally appeared J. Douglas Browne and Jeffrey D. Sweeney, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument, the entity upon behalf of which the persons acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. Witness my hand and official seal. Mary Cobb, Notary Public RESOLUTIONS This Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant Secretary, are hereby authorized to execute Powers of Attomey appointing the person(s) named as Attomey(s)-in-Fact to date, execute, sign, seal, and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment, and the signature of any officer certifying the validity and current status of the appointment, may be facsimile representations of those signatures; and the signature and seal of any notary, and the seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typing, or photocopying." CERTIFICATE I, the undersigned, Assistant Secretary of Insurance Company of the West, Explorer Insurance Company, and Independence Casualty and Surety Company, do hereby certify that the foregoing Power of Attorney is in full force and effect, and has not been revoked, and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies, and are now in full force. AUG 1 4 2008 IN WITNESS WHEREOF, I have set my hand this day of Jeffrey D. Sweeney, Assistant Secretary To verify the authenticity of this Power of Attorney you may call 1-800-877-1111 and ask for the Surety Division. Please refer to the Power of Attomey Number, the above named individual(s) and details of the bond to which the power is attached. For information or filing claims, please contact Surety Claims, ICW Group, 11455 El Camino Real, San Diego, CA 92130-2045 or call (858) 350-2400. EMERGENCY NOTIFICATION LIST HIGHLAND AVENUE RESURFACING PROJECT, SPECIFICATION NO. 08-08 DATE: August 18, 2008 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) Bob Czuhernat (619) ? 79-6S i (619) 922-2190 Name Jim Keller Emergency Telephone Number(s) (619) 922-2185 I am aware that one of the named representative(s) shall be present at the work work is in progress. Further, each of these responsible persons can be cot emergency situation and have complete auth otyct on the Contractor's behalf. Signature of CoAismik Kenne zu . •itirTfia: 41!I �' : . ture .or''• 1tractor Nam N sident Robert Czubernat, Vice President Name and Title Note: Two signatures are required if a corporation. 41 RECEIVED FEB 1 4 I; THIS DOCUMENT HAS A TRUE DEFENSATM WATERMARK AND VISIBLE FIBERS DISCERNIBLE FROM BOTH SIDES . 01. • BUSINESS LICENSE CERTIFICATE PURSUANT TO CITY ORDINANCE THIS LICENSE IS HEREBY GRANTED FOR THE TERM & PURPOSE STATED 4iswraumtvik, TYPE OF BUSINESS B BUSINESS ADDRESS 3120 NATIONA BUSINESS NAME ABC CONSTRU ATTN: y, MAILING 3120 NATIONAL A ADDRESS SAN DIEGO, CA 9211 NON TRANSFERABLE POST IN A CONSPICUOUS PLACE Date of Expiration: 12/31/2008 11 .Lokr, CRY REA RER THIS DOCUMENT )S ALTERATION PROTECTED AND REFLECTS FLUORESCENT FIBERS UNDER UV LIGHT RECEIVED FEB 1 4 Ii THIS DOCUMENT HAS A TRUE DEFENSAT' WATERMARK AND VISIBLE FIBERS DISCERNIBLE FROM BOTH SIDES 1 • • • ' BUSINESS LICENSE CERTIFICATE PURSUANT TO CRY ORDINANCE THIS LICENSE IS HEREBY GRANTED FOR THE TERM & PURPOSE STATED TYPE OF BUSINESS B BUSINESS ADDRESS 3120 NATION BUSINESS NAME ABC CONSTRU ATTN: MAILING ADDRESS SAN DIEGO, CA 9211 3120 NATIONAL A NON TRANSFERABLE POST IN A CONSPICUOUS PLACE Dote of Expiration: 12/31/2008 CITY THIS DOCUMENT IS ALTERATION PROTECTED AND REFLECTS FLUORESCENT FIBERS UNDER UV LIGHT ACORD r CERTIFICATE OF LIABILITY INSURANCE DA`E(IMAIDD"'"'') 8/19/2008 PRODUCER Phone: 619-238-1828 Alliant Insurance Services, 701 B Street, 6th floor San Diego CA 96th Fax: 619-699-1323 Inc. 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 ABC Construction Co., Inc. 3120 National Avenue San Diego CA 921132597 lNsuRERALandmark Amer Ins Co 3138 INSURERB:}IaXtl ord Fire InsuranC Co 2 INSURER C: RSUI Indemnity Company 2314 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR LTR ADM TYPEOF INSURANCE POUCY NUMBER POUCY EFFECTIVE DATE (WYDDIYYS POUCY EXPIRATION DATE IY IDDIYYI UNITS A GENERALUABIUTY COMMERCIAL GENERAL LIABILITY LHA133233 7/1/2008 7/1/2009 I EACHOCCURRENCEDGE $ 1, 000, 000 X TO . PRR EM SES EaENTED ocarenosl $ 5 0. 0 0 0 CLAIMS MADE X{ OCCUR , MED EXP (Any one person) $ 5 . 0 0 0 { PERSONAL&ADVINJURY $ 1, 000, 000 j GENERAL AGGREGATE $2, 000, 000 GEM. AGGREGATE UMIT APPLIES PER: ; PRODUCTS-COMP/OP AGG S 2, 000, 000 POLICY X T- LOC I B AUTOMOBILEUABIUTY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS MIRED AUTOS NON -OWNED AUTOS 72UENUM5661 7/1/2008 7/1/2009 I COMBINED SINGLELIMfT I (Ea accident) $ 1, 000, 000 X i I BODILY INJURY (Per person) $ X X � BODILY INJURY Ter accident) $ • I PROPERTY DAMAGE (Per accident) S GARAGELUBIUTY ANY AUTO AUTO ONLY- EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ C EXCESS/UMBRELLA LIABILITY NHA2 218 2 7 7/1/2008 7/1/2009 !EACHOCCURRENCE S 1, 000, 000 X j OCCUR CLAIMS MADE AGGREGATE $ 1, 000, 000 DEDUCTIBLE RETENTION $ I $ $ S WORKERS COMPENSATION AND EMPLOYERS'UABHJTY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yea deacnbeunder SPECIAL PROVISIONS below WC STATU- 1 I OTH- I TORY UNITS I I ER i E.L. EACH ACCIDENT $ I E.L. DISEASE - EA EMPLOYEE $ I E.L. DISEASE - POLICY LIMIT $ OTHER DESCRIPTION Of OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS RE: JOB # 08-029-00, HIGHLAND AVENUE RESURFACING PROJECT SPEC # 08-08, ASPHALT PAVING RESURFACING 0) HIGHLAND AVENUE NATIONAL CITY. CERTIFICATE HOLDER, ITS OFFICERS, EMPLOYEES, & AGENTS ARE NAMED AS ADDITIONAL INSUREDS PER THE ATTACHED ENDORSEMENT. CERTIFICATE HOLDER CITY OF NATIONAL CITY 1243 NATIONAL CITY BLVD NATIONAL CITY CA 91950 CANCELLATION* 10 DAYS NOTICE FOR NON PAY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. ACORD 25 (2001/08) AUTHORIZED REPRESENTA6s‘• T•• ®ACOR 1 O TION 156E 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 (2001/08) LANDMARK AMERICAN INSURANCE COMPANY Th/s Endorsement Changes The Policy. Please Read It Carefully. ADDITIONAL INSURED BLANKET - PRIMARY AND YOUR WORK This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM r ••------------- SCHEDULE ame of Person or Organization: rperson or rg ,Any orpantzation to whom or to which you we obligated by virtue I f a written contract or by the Issuance or existence of a written permit, to 1 rovkie insurance such as Is afforded by this policy. i A. SECTION II - WHO 1S AN INSURED Is amended to include as an additional insured the person(s) or organizatlon(s) shown In the SCHEDULE, but ony with respect to liability for 'bodily injury, "property damage" or "personal and advertising Injury" caused, in whole or In part, by. 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations; and/or 'your work' defined for the additional insured(s) designated above included in the "products -completed operations hazard". B. If you are required by a written contract to provide primary insurance, this policy shall be primary and SECTION IV — COMMERCIAL GENERAL LIABIUTY CONDITIONS, 4. Other Insurance does not apply, but only with respect to coverage provided by this policy. This endorsement effective 07/01/2008 forms pert of Policy Number LHA133233 Issued to ABC CONSTRUCTION CO., INC. by Landmark American Insurance Company Endorsement No.: RSG 15017 1207 Includes copyrighted material of Insurance Services Office, Inc. 1984 (1185) with its permission STATE COMPENSATION INSURANCE CERTHOLDER COPY P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807 FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 08-19-2008 CITY OF NATIONAL CITY 1243 NATIONAL CITY BLVD NATIONAL CITY CA 91950-4301 GROUP: 000044 POLICY NUMBER: 00221193-2007 CERTIFICATE ID: 257 CERTIFICATE EXPIRES: 07-01-2009 07-01-2008/07-01-2009 SD JOB:08-029-00, HIGHLAND AVENUE RESURFACING PROJECT SPEC 0 08-08 9 HIGHLAND AVENUE NATIONAL CITY CA This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain. the Insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. ORIZED REPRESENTATIPRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT 92085 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 07-01-2006 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER ABC CONSTRUCTION CO , INC 3120 NATIONAL AVE SAN DIEGO CA 92113 iV.2-061 SD [B17,SD] PRINTED : 08-19-2008 SD RESOLUTION NO. 2008 — 153 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO ABC CONSTRUCTION COMPANY, INC. IN THE AMOUNT OF $1,669,702.72 TO REPAIR/RESURFACE BITUMINOUS PAVEMENTS ON HIGHLAND AVENUE FOR THE HIGHLAND AVENUE RESURFACING PROJECT WHEREAS, the Engineering Department of the City of National City did, in open session on July 30, 2008, publicly open, examine, and declare seven sealed bids for the Highland Avenue Resurfacing Project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for the Highland Avenue Resurfacing Project to the lowest responsive, responsible bidder, to wit: ABC CONSTRUCTION COMPANY, INC. BE IT FURTHER RESOLVED by the City Council that the Mayor is hereby authorized to execute on behalf of the City a contract between ABC Construction Company, Inc., and the City of National City in the amount of $1,669,702.72 to repair/resurface bituminous pavements on Highland Avenue for the National City Highland Avenue Resurfacing Project. Said contract is on file in the office of the City Clerk. PASSED and ADOPTED this 5th day of August, 2008. Ron Morrison, Mayor ATTEST: /, Mic . el R. Dalla, C. y Clerk APPROVED AS TO FORM: rAC)AP George H. Eiser, III City Attorney Passed and adopted by the Council of the City of National City, California, on August 5, 2008 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 itt/411(//, erk 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. 2008-153 of the City of National City, California, passed and adopted by the Council of said City on August 5, 2008. City Clerk of the City of National City, California By: Deputy City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE August 5, 2008 AGENDA ITEM NO. 6 ITEM TITLE A Resolution of the City of National City to award a contract in the amount of $1,669,702.72 to ABC Construction Company, Inc. for the Highland Avenue Resurfacing Project and authorizing the Mayor to sign the contract. (Funded by Tax Increment Dollars) PREPARED BY Albert Griego/Kenneth Femande2DEPARTMENT Engineering EXT. 4386/8 EXPLANATION Please see attached page with explanation. Environmental Review X N/A MIS Approval Financial Statement Approved By: The total budgeted amount for the project is estimated to be $2,000,000.00. Account 511-409-500-598-6157. (Tax Increment Dollars) Finance Director unding is available through Account No. STAFF RECOMME ATION Ado • t the Re • � . BOARD / ► • IS 0 REC TION N/A ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 4. Location Map L 2. Bid Opening Sheet 5. Company Biography 3. Bid Summary for the three low bidders A-200 (Rev 7/03) r:Pcr most City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Della, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 September 2, 2008 Mr. Kenneth Czubernat President ABC Construction Company, Inc. 3120 National Avenue San Diego, CA 92113 Dear Mr. Czubernat, On August 5th, 2008, Resolution No. 2008-153 was passed and adopted by the City Council of the City of National City, awarding a contract to ABC Construction Company, Inc. We are enclosing for your records a certified copy of the above Resolution and a fully executed original agreement. Michael R. Dalla, CMC City Clerk Enclosures cc: Engineering Dept. ® Recycled Paper