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HomeMy WebLinkAboutWhillock Contracting Inc. Demolition 2300 Cleveland Ave. and 830 23rd St. - 2008CONTRACT TILE DEMOLITION OF AND DISPOSAL. OF BUILDINGS LOCATED AT 2300 CLEVELANI) AVE. & 830 23RD STREET SPECIFICATION NO. 08-02 THIS CONTRACT, made and entered into this 18 day of, Nwember,2008 by and between the City of National City, California, herein after designated as the "City", and Whillock, Contiacting, Inc. hereinafter designated as the "Contractor". WITNESSETII: that the parties hereto do mutually agree as follows: 1. For and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the City, the Contractor agrees with the City to furnish all materials and labor for: THE DEMOLITION OF AND DISPOSAL OF BUILDINGS LOCATED AT 2300 CLEVELANI) AVE. & 830 23Rn> STREET SPECIFICATION NO. 08-02 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 toots, 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 sum of One Hundred Thirty Seven ThousandDollars ($137, 770. 50 ). Seven Hundred Seventy and 50/100 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. tev 9/24/08 28 CONTRACT (CONTINUED) THE DEMOLITION OF ANI) DISPOSAL OF BUILDINGS I,0CA'I'ED AT 2300 CLEVELAND AVE. & 830 23RD STREET SPECIFICATION NO. 08-02 4. The Notice Inviting Bids, Instructions To Bidders, Bid Proposal, Bid Forms, Agreement and Bond Forms, the Plans and Specifications, General Provisions and Special Provisions, Appendix, Addenda, Construction Administration Forms, Completion of the Project Forms, Executed Change Orders, and all amendments thereof, are hereby incorporated in and made part of this Contract. 5. The City, the City's representative, the Architect, the Consultants and authorized volunteers shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work, of for injury or damage to any person or persons, either workers, employees of Contractor or its subcontractors or the public, or for damage to adjoining or other property, from any cause whatsoever arising out of or in connection with the performance of the work. The Contractor shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever arising out of or in connection with the performance of the work, provided, however, that the Contractor shall not be liable for the sole established negligence, willful misconduct or active negligence of the City, its representatives, employees, agents and authorized volunteers who are directly responsible to the City. a. Contractor shall indemnify the City, City Council, (.'ity officials, City employees, City representatives, and authorized volunteers against and will hold and save them and each of there harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, trier entity, corporation, political subdivision or other organization arising out of or in connection with the work, operation or activities of Contractor, its agents, employees, subcontractors or invitees, provided for herein, whether or not there is concurrent passive or active negligence on the part of the City, City Council, City officials, City employees, City representatives, and authorized volunteers, but excluding such actions, claims, damages to persons or property penalties, obligations or liabilities arising from the sole established negligence, willful misconduct or active negligence of the City, City Council, City officials, City employees, City representatives, authorized volunteers, or those who are directly responsible to them; and in connection therewith: t) Contractor will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorney's fees incurred in connection therewith. 2) Contractor will promptly pay any judgment rendered against Contractor, the City, City Council, City officials, City employees, City representatives, and authorized volunteers covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations, or activities of Contractor rev 9/24/0S 29 hereunder and Contractor agrees to save and hold the City, City Council, City officials, City employees, City representatives, and authorized volunteers harmless there from. 3) hi the event the City, City Council, City officials, City employees, City representatives, and authorized volunteers arc made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the Work, or operation or activities of Contractor hereunder, Contractor agrees to pay to the City, City Council, City officials, City employees, City representatives, and authorized volunteers any and all costs and expenses incurred by the City, City Council, City officials, City employees, City representatives, and authorized volunteers in such action or proceeding together with reasonable attorney's fees. 4) The City may retain, to the extent it deems necessary, the money due to the Contractor under and by virtue of the Contract Documents until disposition has been made of such actions or claims for damages as specified herein above. 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 niutually agree otherwise. No arbitration arising out of or relating to this Contract, shalt include, by consolidation, joinder or in any other mariner, 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 he tiled in writing with the other party to this Contract and with the America 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 baud 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 judgment may be entered 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 Removal, Disposal, and Transportation of Hazardous Material and Waste, Clean Air Act of 1970 (42 1J.S.C. 1857 et seq.) and the Federal Water Pollution Control Act, (33 U.S.C. 1251 et seq.) as amended. vnuox 30 CONTRACT (CONTINUED) THE DEMOI,TFION OI AND DISPOSAL OF BUILDINGS LOCATED AT 2300 CL,EVELAND AVE. & 830 23RD STREET SPECIFICATION NO. 08-02 8. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys fees. 9. Each and every provision of law and clause required to he inserted in this Contract shall be deemed to be inserted herein and this Contract shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted or is not inserted correctly, then upon application of either party the Contract shall forthwith by physically amended to make such insertion or correction. 10. In accordance with Government Code, Section 8546.7, records of both the City and the Contractor shall be subject to examination and audit for a period of three (3) years after final payment. 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. CONFRACTOR: I3y: - Toy M. Whillock "Title: Secretar±y_ Title: Federal II). No. 33-035947 CFTY: Title: Mayor, City of National City ATTEST: Ily:tz4//1 C1/4 Title: City Clerk, City of National (:'ity Mark Whillock President (Notarial acknowledgement of execution by all PRINCIPALS OF CONTRACTOR must be attached.) rev 9/21/0g 31 State of California County of San Diego } )ss } NOTARY ACKNOWLEDGEMENT On 12/1/08 before me, Kathy L. Tilley, Notary Public personally appeared Tory M. Whitlock 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 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) 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. ►LATHY L. TILLEY Commission # 1574662 s ��x3i Notary Public - California San Diego County My Comm. Expires May 11, 2009 (SEAL) (THE BALANCE OF THIS PAGE IS INTENTIONALLY LEFT BLANK) CONTRACT (CONTINUED) THE DEMOLITION OF ANT) DISPOSAL OF BUILDINGS LOCATED AT 2300 CLF,VELAND AVE. & 830 23`0 STREET' SPECIFICATION NO. 08-02 CORPORATE CERTIFICATE I, Tory M. Whillock certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that Tort M�_ Wh i 1 1 ock who signed said contract on behalf of the Contractor, was then Sec_r y 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. 1, certify that 1 am the Secretary of the Corporation named as Contractor in the foregoing Contract; that , who signed said contract on behalf of the Contractor, was then of said Corporation; that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers. Corporate Seal: rev 9R4l08 32 CONTRACT (CONTINUED) TILE DEMOLITION OF AND DISPOSAL OF BUILDINGS LOCATED AT 2300 CLEVELAND AVE. & 830 23RD STREET SPECIFICATION NO. 08-02 PARTNERSHIP CERTIFICATE 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: (Notarial Seal) Proved to me on the basis of satisfactory evidence to he of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. Signature: Name (Type or Print): — (Notary Public in and for said County and State) My Commission expires: _ _ try 9R4/0S 33 Premium: $ 1,516.00 Bond # 228 60 09 PERFORMANCE BOND THE DEMOLITION OF AND DISPOSAL OF BU LDINGS LOCATED AT 2300 CLEVELAND AVE. & 830 23RD STREET SPECIFICATION NO. 08-02 KNOW ALL MEN BY THESE PRESENTS: That 0 i, lVAL WHEREAS, The City Council of the City of National City, by Resolution No. 2008-a3_3 passed thel8 day of tbvembe;2008 has awarded to Wnillock Contracting, Inc, hereinafter designated as the "Principal", the Demolition of and disposal, of ;Buildings located at 2300 Cleveland Avenue and 830 23rd Street. 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 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 Hundred Thirty Seven Thousand, Seven, Hundred ($137,770.50) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, Seventy our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. Seven and 50 Cents. 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. m9lW 34 Th PERFORMANCE BOND (CONTINUED) THE DEMOLITION OF AND DISPOSAL OF BUILDINGS LOCATED AT 2300 CLEVELAND AVE. & 830 23`m STREET SPECIFICATION NO. 08-02 In the event suit is brought upon this bond by the Community Development of the City of National City and judgment is recovered, the surety shall pay all costs incurred by the Council in such suit, including a reasonable attorney's fee to be fixed by the Court. IN WITNESS WHEREOF three identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Princi above named, on the 1st day of December , 2008. Insurance Compan of the West (SEAL) Whillock Contracting, Inc. (SEAL) / L.-___. AL) i% _ ) Jerry E Mosier, Att• ney-in-Fact (SEAL) Tory M Whillock, Secretary (SEAL) Surety Principal APPROVED AS TO FORM: George H. Eleer, ID City Attomey rev 91241011 35 No. 0004152 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 JERRY E. MOSIER 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 Califomia } 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 California that the foregoing paragraph is true and correct. Witness my hand and official seal. R •: rilimmummlwesill""111.11".."AARY CD66 COMA. .11760d9O POTARY PI UC.IFOINA g SAN 0E6O COUNTY My Comassionwing SEPTEMBER 20. EON Mary Cobb, Notary Public RESOLUTIONS This Power of Attomey 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 Attorney 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 Attomey 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. IN WITNESS WHEREOF, 1 have set my hand this 1st day of December 2008 ./"‘7 kd 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. NOTARY ACKNOWLEDGEMENT State of California } )ss County of San Diego } On 12/01/2008 before me, Kathy L. Tilley, Notary Public personally appeared Jerry E. Mosier 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 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) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS n' h. • and offici Signa)e r KATHY L. TILLEY Commission # 1574662 Notary Public - California San Diego County My Corr.` pares May 11, 2009 NOTARY ACKNOWLEDGEMENT State of California } )SS County of San Diego } On 12/01/2008 before me. Kathy L. Tilley, Notary Public personally appeared Tory M. Whillock 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 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) 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 nrov Band and offici Sign 194,04 KATHY L. TILLEY Commission # 1574662 Notary Public - California San Diego County My Commslres May 11, 2009 PERFORMANCE BOND (CONTINUED) THE DEMOLITION OF AND DISPOSAL OF BUILDINGS LOCATED AT 2300 CLEVELAND AVE. & 830 23RD STREET SPEC[FICATION NO. 08-02 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 proved to me on the basis of satisfactory evidence 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, lII City Attorney .e. sruAe 36 Premium included in Bond # 228 60 09 Performance Bond PAYMENT BOND THE DEMOLITION OF AND DISPOSAL OF BU LDINGS LOCATED AT 2300 CLEVELAND AVE. & 830 23RD STREET SPECIFICATION NO. 08-02 KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, The City Council of the City of National City, by Resolution No. 2008-237 passed the 18 day of November 2008 has awarded to Whitlock Contractineinafter designated as the "Principal", the DEMOLITION OF AND DISPOSAL OF BUILDINGS LOCATED AT 2300 CLEVELAND AVE.& 830 23RD STREET SPECIFICATION NO. 08-02 WHEREAS, said Principal is required by Chapter 5 (commencing at Section 3225) and Chapter 7 (commencing at Section 3247), Title 15, Part 4, Division 3 of the California Civil Code to furnish a bond in connection with said contract; NOW, THEREFORE, we, the Principal and 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 Hundred Thirty Seven Thousand, Seven Hundred Seventy Dollars and 50/100 ($ 137, 770. 50 .) lawful money of the United Slat, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his/her or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay any of the persons named in Section 3181 of the California Civil Code, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the Contractor and his subcontractors pursuant to Section 18806 of the Revenue and Taxation Code, with respect to such work and labor the Surety will pay for the same in an amount not exceeding the sum hereinafter specified, and also, in case suit is brought upon this bond, a reasonable attorney's fee, to be fixed by the Court. This Bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code, so as to give a right of action to such persons or their assigns in any suit brought upon this bond. rev a2uo$ 37 PAYMENT BOND (CONTINUED) THE DEMOLITION OF AND DISPOSAL OF BUILDINGS LOCATED AT 2300 CLEVELAND AVE. & 830 23RD STREET SPECIFICATION NO. 08-02 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 therefore, 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 pu r.s =: med an original thereof, have been duly executed by the Principal and Surety • .ve named, on 1st day of December, 2008. Insurance Compa y of the West (SEAL) Whillock Contracting, Inc. (SEAL) (SEAL) (SEAL) Jerry E Mosier, rney-in-Fact (SEAL) 6ry M Whillock, Secretary (SEAL) Surety Principal APPROVED AS TO FORM: George H. Eiser, III City Attomey .w 9124103 38 No. 0004152 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 JERRY E. MOSIER 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 Califomia } ss. County of San Diego INSURANCE COMPANY OF THE WEST EXPLORER INSURANCE COMPANY INDEPENDENCE CASUALTY AND SURETY COMPANY a7.43 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 California that the foregoing paragraph is true and correct. Witness my hand and official seal. is COMM. *1602990 KITARY PISUC-lIC61AA SAN OEOO COMITY Mv Commission 20 200 `9 RESOLUTIONS Mary Cobb, Notary Public This Power of Attomey 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 Attorney 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 Attomey 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. IN WITNESS WHEREOF, I have set my hand this 1st day of December 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 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. NOTARY ACKNOWLEDGEMENT State of California } )ss County of San Diego } On 12/01/2008 before me, Kathy L. Tilley, Notary Public personally appeared Jerry E Mosier 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 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) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. KATHY L. TILLEY 1. WITNESS ' hand and officia..eal. / 1 7 - Commission # 1574662 I!. Notary Public - Californic Signatu f Ly _L • San Diego County ✓ • My Comm. Expires May 11, 2 j NOTARY ACKNOWLEDGEMENT State of California } )ss County of San Diego } On 12/01/2008 before me, Kathy L. Tilley, Notary Public personally appeared Tory M. Whillock 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 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) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS m; hand and officia seal Signatu KATHY L. TILLEY Commission # 1574662 Notary Public - California San Diego County My Comm. Expires May 11, 2009 PAYMENT BOND (CONTINUED) TILE DEMOLITION OF AND DISPOSAL OF BUILDINGS LOCATED AT 2300 CLEVELAND AVE. & 830 23RD STREET SPECIFICATION NO. 08-02 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 proved to me on the basis of satisfactory evidence 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 Attomey-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 IL Eiser, 11 City Attorney rcv A24/08 39 WHILLOCK CONTRACTING, INC. LICENSE NO. 572217 P.O. BOX 2322 LA MESA, CA. 91943-2322 (619) 579-0700 fax (619) 579-0955 EXCAVATING • GRADING • DEMOLITION GENERAL ENGINEERING EMERGENCY NOTIFICATION LIST Whillock Contracting, Inc. (24-hrs/day) (619) 579-0700 Tory M. Whillock (619) 520-1764 Mark B. Whillock (619) 520-1777 RECEIVED NOV 2 6 200L ACORD,, CERTIFICATE OF LIABILITY INSURANCE DATE (MM1DD1YYYY) 11/25/2008 09:43 PRODUCER Barney & Barney LLC CA Insurance Lie: 0003950 9171 Towne Center Driver, Suite 500 San Diego, CA 92186-5638 858-457-3414 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 POUCIES BELOW. INSURERS AFFORDING COVERAGE INSURED Whillock Contracting Inc. P.O. Box 2322 La Mesa, CA 91943 NAIC # INSURER A Nationwide Mutual Insurance Company +23787 INSURER B. INSURER C INSURER D INSURER E COVERAGES THE POLICIES ANY REQUIREMENT, MAY PERTAtI, POLICIES. OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADO'LI NSW TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM1DONYl POLICY EXPIRATION DATE (MMIDDIYYI LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE 10 RENThD PREMISES (Ea ocarencel $ CLAIMS MADE OCCUR MED EXP (My one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L - AGGREGATE LIMIT APPLIES PER : POL'CY n PlCT n LOC PRODUCTS - COMP/OP AGG $ A X AUTOMOBILE X LIABILITY ANY AUTO ALL OWNED AUTOS ACPBA7803262681 4/1/2008 4/1/2009 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) f PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY AGG $ hEXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ AGGREGATE $ $ $ $ WORKERS O.:PLOVERS' ANY OFFICERMIEMEER It yes. SPECIAL COMPENSATION AND LIAGIUTY PROPRIETOR/PARTNER/EXECUTIVE EXCLUDED? descnbe under PROVISIONS below TOR ORY I MITSTIM(TS ER R E E L EACH ACCIDENT $ E L DISEASE - EA EMPLOYEE S E L. DISEASE - POLICY LIMIT $ OTHER DESCRIPTION RE: DEMOLITION OF OPERATIONS 1 LOCATIONS 1 VEHCLES 1 EXCLUSIONS ADOEO BY ENDORSEMENTI SPECIAL PROVISIONS & DISPOSAL OF BUILDINGS- 2300 CLEVELAND AVE. & 830 23RD STREET- SPEC NO. 08-02 CERTIFICATE HOLDER CANCELLATION CITY OF NATIONAL CITY 1243 NATIONAL CITY BLVD. NATIONAL CITY, CA 91950 SHOULD ANY OF TIE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILLIMAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAIL TO THE LEFT, Ja¢mfJDpIQ , (ENDo CRIRMX8 WRON(RXDIXINNIXWMITXi RNXI K9RX AUTHORIZED REPRESENTATNE Jennifer giancfatia ACORD 25 (2001108) Client # 48242 Mst # 7034 Cert # 155141 Subject: 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 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) Insured: Whillock Contracting Inc. Master # 7034 Cert # 155141 Attachment Page COMPLETE LISTING OF CERTIFICATE HOLDER and/or ADDITIONAL INSURED: (additional insureds apply only with respect to coverages marked by " X' under "Addtl Insrd" on the Certificate) CITY OF NATIONAL CITY THE COMMUNITY DEVELOPMENT COMMISSION OF NATIONAL CITY, AND THE CITY OF NATIONAL CITY AND THE MEMBERS OF EACH OF THESE ENTITIES AND HARRIS AND ASSOCIATES INSURED: Whillock Contracting Inc. COMPANY: Nationwide Mutual Insurance Company POLICY #: ACPBA7803262681 POLICY PERIOD: 4/1/2008 EFFECTIVE DATE: 11/25/2008 TO 4/1/2009 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: 4/1/2008 Named Insured: Whillock Contracting Inc. Countersigned By: BARNEY & BARNEY, LLC (Authorized Representative) SCHEDULE Name of Person(s) or Organization(s) : CITY OF NATIONAL CITY THE COMMUNITY DEVELOPMENT COMMISSION OF NATIONAL CITY, AND THE CITY OF NATIONAL CITY AND THE MEMBERS OF EACH OF THESE ENTITIES AND HARRIS AND ASSOCIATES (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement. ) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. CA 20 48 02 99 © Insurance Services Office, Inc., 1998 ACORD. CERTIFICATE OF LIABILITY PRODUCER Professional Insurance Associates Mosier Insurance Agency (P5) PO Box 2149 Lakeside, CA 92040 619-749-1102 DATE (MM/DD/YYYY) INSURANCE 11/26/2008 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 j NAIC# INSURED Whillock Contracting Inc. PO Box 2322 La Mesa, CA 91943 (619) 579-0700 COVERAGES NSURER A American Safety Indemnity Company 25433 INSURER 8 ENSURER C INSURER D INSURER E Amerl,can International Speciality Linos Hartford Fire Insurance Company Interstate Fire and Company 26883 19682 22829 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR ADD'L LTR INSRD TYPE OF INSURANCE POLICY NUMaER GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMSMADE X ; OCCUR . A X I Contractual Liability ESL-006317-08-05 GEN•L AGGREGATE LIMIT APPLIES PER.: PRO- i POLICY , X jE4 LOC POLICY EFFECTIVE POLICY EXPIRATION; ; DATE (MM/DD/YY) DATE (MM/DO/YY) 01-01-08 01-01-09 EACH OCCURRENCE DAMAGE 10 HEN QED PREMISES (Ea occurence) . MED EXP (Any one person) ! PERSONAL BADVINJURY GENERAL AGGREGATE ; PRODUCTS - COMP/OP AGG LIMITS Fs $ 1,000,000• 50,000 $ j $ 1,000,000, $ 2,000,000 $ 2,000,000. AUTOMOBILE LIABILITY ANYAUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNEDAUTOS COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY j (Per person) BODILY INJURY (Peraccldent) • PROPERTY DAMAGE (Per accident) $ • GARAGE LIABILITY ANYAUTO EXCESS/UMBRELLA LIABILITY X ! OCCUR CLAIMS MADE ,PFX 1004027 E X DEDUCTIBLE RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUOED' If yes, describe under SPECIAL PROVISIONS below AUTO ONLY - EA ACCIDENT , $ OTHER THAN AUTOONLY. EA ACC $ AGG I $ EACH OCCURRENCE ! $ 4,000,000 AGGREGATE is 4 , 000 , 000_4 01-01-08 '01-01-09 '$ 1 $ $ WC STATU- ,OTH-. TORYLIMITS ER E L EACH ACCIDENT $ E L DISEASE - EA EMPLOYEE $ E L DISEASE - POLICY LIMIT ! $ OTHER In Floater D Contractors Equipment C. Pollution Liability 57 MS TL0398 57 MS TL0398 CPO 1277885 !12-31-07 112-31-08 1$100,000 ,12-31-07 12-31-08 $1,339,500 106-02-08 :06-02-10 1$5,000,000/$5,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT! SPECIAL PROVISIONS 10 day notice of cancellation for non pay. Certificate holder is named as additional insured per contract requirements. Re: Ongoing grading, excavation, and demolition operations of the insured. Job: 2300 Cleveland Ave & 830 23rd Street - Spec. No. 08-02 CERTIFICATE HOLDER CANCELLATION City of National City and the Community Development Commission 1243 National City Blvd National City, CA 91950-4301 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE,SCIIIN INSURER WILL ENOCTVOR.SQMAIL 3O DAYS WRITTEN NOTICE TO THE CERTIFICATE H DER NAMED TO THE LEFT, RI IT FAIL I IRF Tr, nn an cutJyL n nal ir.ATiCALC)2 I IAR 11TY nF AMY sewn I IPnM TMF INCI IRFR JTC eQrkrrs OQ AUTHORIZED R NTATIVE ACORD 25 (2001/08) ©ACORD CORPORATION 1988 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ES 98 122 10 05 Policy # ESL-006317-08-05 ADDITIONAL INSURED ENDORSEMENT -- OWNERS, LESSEES OR CONTRACTORS (MODIFIED FORM B) (COMMERCIAL CONTRACTOR VERSION) This Endorsement shall not serve to increase our limits of insurance, as described in SECTION III - LIMITS OF INSURANCE. Name of Person or Organization: Effective Date: Project owners or general contractors, if other than a named insured, as well as their directors, officers and employees where required to be named as an Additional Insured in a written contract with the Named Insured entered into prior to the loss or occurrence. The later of the effective date of this policy or the date on which "your work" first started on the applicable project for which this Endorsement applies, but in no event later than the policy expiration date or applicable earlier termination date of this policy. In consideration of the payment of premiums, it is hereby maintained solely for the purpose as an "apartment agreed that the following changes are incorporated into the building or structure", shall be considered as policy: "commercial construction projects". An "apartment building or structure" is defined as a building or WHO IS AN INSURED (SECTION II) is amended to structure with rooms or set of rooms fitted especially include as an insured the person or organization with housekeeping facilities which is self-contained and shown in the Schedule, but only with respect to liability where all of said rooms are legally leased or rented as arising out of your work which is performed by the a dwelling or living space. Named Insured for the Additional Insured on or after the effective date of this Endorsement. If this policy includes a self -insured retention or deductible endorsement, such endorsement shall apply Coverage under this Endorsement applies only as and affect our obligations pursuant to the policy. respects a legally enforceable written contract with the Named Insured and only for liability arising out of or It is further understood and agreed that irrespective of relating to the Named Insured's negligence and only for the number of entities named as insureds under this "bodily injury" or "property damage" caused by an policy in no event shall the Company's limits of liability "occurrence" under Coverage A not otherwise excluded in exceed the limits of liability designated in the the policy to which this Endorsement applies. Declarations. This endorsement applies only to "your work" on or at "commercial construction projects". "Commercial construction projects" are defined as buildings or structures used solely for commercial use and not as dwellings with 24-hour occupancy and or living quarters However, buildings or structures designed, built and ES 98 122 10 05 All other terms, conditions and exclusions under the policy are applicable to this Endorsement and remain unchanged. Copyright© 2005 American Safety Indemnity Company Pagel of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ES98101004 Policy # ESL-006317-08-05 PRIMARY INSURANCE ENDORSEMENT This Endorsement shall not serve to increase our limits of insurance, as described in SECTION III — LIMITS OF INSURANCE. Name of Person or Organization; Project owners or general contractors, if other than a named insured, as well as their directors, officers and employees requiring primary wording and additional insured status in a written contract with the Named Insured entered into prior to the loss or occurrence. Effective Date: The later of the effective date of this policy or the date on which "your work" first started on the applicable project for which this Endorsement applies, but in no event later than the policy expiration date or applicable earlier termination date of this policy. In consideration of the payment of premiums, it is hereby agreed that the following changes are incorporated into the policy: It is agreed that such insurance as is afforded to the person or organization named above as Additional Insured under the applicable Additional Insured Endorsement attaching to this policy shall be considered primary to such person or organization if other valid and collectible insurance is available to such person or organization for a loss or occurrence we cover for such person or organization. but only as respects liability arising out of "your work" performed by the Named Insured for the person or organization named above. This Endorsement applies only to: 1. Ongoing operations performed by the Named Insured on or after the effective date of this Endorsement; 2. Liability arising out of or relating to the Named Insured's sole negligence; and 3. Bodily injury" or property damage" caused by an occurrence" under Coverage A not otherwise excluded in the policy to which this Endorsement applies. All other terms, conditions and exclusions under the policy are applicable to this Endorsement and remain unchanged. ES96101004 Copyright® 2004 American Safety Indemnity Company Page 1 of 1 STATE COMPENSATION INSURANCE FUND CERTHOLDER COPY P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 11-25-2008 GROUP: POLICY NUMBER: 1847405-2008 CERTIFICATE ID 717 CERTIFICATE EXPIRES:08-01-2009 08-01-2008/08-01-2009 CITY OF NATIONAL CITY SD JOB:DEMOLITION & DISPOSAL OF BUILDINGS 2300 CLEVELAND AVE & 830 23RD STREET 1243 NATIONAL CITY BLVD NATIONAL CITY NATIONAL CITY CA 91950-4301 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. THORIZED REPRESENTATIVE) PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT X0015 ENTITLED ADDITIONAL INSURED EMPLOYER EFFECTIVE 2002-08-01 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. NAME OF ADDITIONAL INSURED: CITY OF NATIONAL CITY ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 08-01-2002 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. ENDORSEMENT X2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 2008-11-25 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME: CITY OF NATIONAL CITY EMPLOYER WHILLOCK CONTRACTING, INC AND/OR WHILLOCK SD CONSTRUCTION INC PO BOX 2322 LA MESA CA 91943 [B17,SD) SD IREV.2-05) PRINTED : 11-25-2008 RESOLUTION NO. 2008 — 237 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO WHILLOCK CONTRACTING, INC., IN THE AMOUNT OF $137,770.50 FOR THE DEMOLITION AND DISPOSAL OF BUILDINGS LOCATED AT 2300 CLEVELAND AVENUE AND 830 23RD STREET PROJECT LOCATED WITHIN THE MARINA DRIVE REDEVELOPMENT AREA WHEREAS, the Engineering Department, in open session on October 28, 2008, did publicly open, examine, and declare ten sealed bids for the Demolition and Disposal of Buildings Located at 2300 Cleveland Avenue and 830 23rd Street Project within the Marina Drive Redevelopment Area. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards a contract for the Demolition and Disposal of Buildings Located at 2300 Cleveland Avenue and 830 23rd Street Project to the lowest responsive, responsible bidder, to wit: WHILLOCK CONTRACTING, 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 with Whitlock Contracting, Inc., in the amount of $137,770.50, for the Demolition and Disposal of Buildings Located at 2300 Cleveland Avenue and 830 23rd Street Project. Said contract is on file in the office of the City Clerk. PASSED and ADOPTED this 18th day of Novemb2008. ATTEST: Mic ael R. Dalla, C. y Clerk APPROVED AS TO FORM: ZzgAl George H. Eiser, III City Attorney on Morrison, Mayor Passed and adopted by the Council of the City of National City, California, on November 18, 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 City?4&ational City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2008-237 of the City of National City, California, passed and adopted by the Council of said City on November 18, 2008. City Clerk of the City of National City, California By: Deputy City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE November 18, 2008 AGENDA ITEM NO. 12 ITEM TITLE A Resolution of the City Council of the City of National City awarding a Contract to Whillock Contracting, Inc., in the amount of $137,770.50 for the Demolition and Disposal of Buildings Located at 2300 Cleveland Ave & 830 23rd Street. (Funded through Tax Increment Funds) PREPARED BY Kenneth Fernandez EXPLANATION Please see attached page with explanation. DEPARTMENT Engineering EXT. 4388 Environmental Review X N/A MIS Approval Financial Statement Approved By: Finance Director The total estimated amount for the work is $187,000. Funding is available through Account 511-409-500-598-3847. (Tax Increment Funds). Account No. STAFF RECOMMENDATION Adopt the Resolution. �rY BOARD / COMMISSION RECOMMENDATI N N/A ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 3. Bidders' Proposal Summary Sheet 2. Bid Opening Information Sheet SPEC 08-02 A-200 (Rev. 7/03) 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 January 6, 2009 Mr. Mark Whillock President Whillock Contracting, Inc. P.O. Box 2322 La Mesa, CA 91943-2322 Dear Mr. Whillock, On November 18th, 2008, Resolution No. 2008-237 was passed and adopted by the City Council of the City of National City, awarding a contract to Whitlock Contracting, Inc. We are enclosing for your records a certified copy of the above Resolution and a fully executed original contract. Sincerely, Michael R. Dalla, CMC City Clerk Enclosures cc: Engineering Dept. ® Recycled Paper