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HomeMy WebLinkAbout2009 CON L.B. Civil Construction - Bay Marina Drive Widening ProjectCONTRACT BAY MARINA DRIVE WIDENING, FY 08-09 SPECIFICATION NO. 08-13 THIS CONTRACT, made and entered into this 17th day of February, 2009, by and between the City of National City, California, herein after designated as the "City", and L.B. Civil Construction, Inc., hereinafter designated as the "Contractor". WITNESSETH: that the parties hereto do mutually agree as follows: 1. For and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the City, the Contractor agrees with the City to furnish all materials and labor for: BAY MARINA DRIVE WIDENING, FY 08-09 SPECIFICATION NO. 08-13 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) BAY MARINA DRIVE WIDENING, FY 08-09 SPECIFICATION NO. 08-13 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 judgment may he enter upon it in accordance with applicable law in any court having jurisdiction thereof. 7. The Contractor agrees to comply with all Local, State and Federal regulations and with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970 (42 U.S.C. 1857 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) as amended. 29 Signature of Notary Public CONTRACT (CONTINUED) BAY MARINA DRIVE WIDENING, FY 08-09 SPECIFICATION NO. 08-13 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: By: 1Gt-7�1?_ 'I1b1 Title: ES1DEn1 i / `f zEASu2>_Q By: Title: V)CE PRE51Cel.fr J SLCa&i- g t.{ Federal ID. No. (O 5 - 129 22 75 By: Title: Mayor, City of National City ATTEST: By: Title: City Clerk, City of National City (Notarial acknowledgement of execution by all PRINCIPALS OF CONTRACTOR must be attached.) State of California County of San Diego tip a(CYiL Cn .3 a - O `( ore �u ba at ►- - . Notary personally appeared( L14/nM,( e30b4-1 who proved me on the basis of satisfactory evidence to be the person(s) whose names) ' subscribed to the within instrument and acknowledged to me that ti./s1rG executed same in his/her/ •tr authonzcd capacity(ies). and that 11fs/per t ignaturc(s) on the instrument the person(s). or the entity upon behalf o which the person s) acted. executld the instrument. 1 certify under PENALTY OF l'Ek)lIR Y under the laws of the State of California that the foregoing paragraph is true .tn meet. WITNESS my hand and official seal. a e e_e a...G 1� DARCIE PEACOCKCO COMM. #1582007 NOTARY PUBLIC-CAU�ORNIA 03 SAN DIECiO CO.'+TY i ) v - MY':om�r Exnir,tir: ^i 2?C3 30 CONTRACT (CONTINUED) BAY MARINA DRIVE WIDENING, FY 08-09 SPECIFICATION NO. 08-13 CORPORATE CERTIFICATE I,ptk^/t certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that J/J✓t L.vm , who signed said contract on behalf of the Contractor, was then f2ES1DEA.tT of said Corporation; that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers. I, certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that , who signed said contract on behalf of the Contractor, was then of said Corporation; that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers. Corporate Seal:)\ 31 CONTRACT (CONTINUED) BAY MARINA DRIVE WIDENING, FY 08-09 SPECIFICATION NO. 08-13 PARTNERSHIP CERTIFICATE STATE OF ) ) ss COUNTY OF ) N %A 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 Executed In Triplicate PERFORMANCE BOND BAY MARINA DRIVE WIDENING, FY 08-09 SPECIFICATION NO. 08-13 KNOW ALL MEN BY THESE PRESENTS: That Bond Number: 12058510 Premium: $10,484.00 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. 2009-25, passed the 17th day of February, 2009 has awarded to L.B. Civil Construction, Inc., hereinafter designated as the "Principal", the Bay Marina Drive Widening, FY 08-09 Specification No. 08- 13. 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 The Guarantee Company of North America USA 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 Sixty Thousand, Five Hundred Dollars and Thirty Cents ($1,060,500.30) 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) BAY MARINA DRIVE WIDENING, FY 08-09 SPECIFICATION NO. 08-13 In the event suit is brought upon this bond by the City of National City and judgment is recovered, the surety shall pay all costs incurred by the Council in such suit, including a reasonable attorney's fee to be fixed by the Court. IN WITNESS WHEREOF three identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the 26th day of February , 20 09. The Guarantee Co any of North America USA (SEAL) LB Civil Construction, Inc. (SEAL) By: �i (SEAL) By. (r.Z:VMA w+ (SEAL) Lawrence F. McMahon, Attorney -In -Fact (SEAL) PRE 5 I DENT- (SEAL) Surety Principal APPROVED AS TO FORM: George H. Eiser, III City Attorney 34 PERFORMANCE BOND (CONTINUED) BAY MARINA DRIVE WIDENING, FY 08-09 SPECIFICATION NO. 08-13 ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF COUNTY OF ) ) ) ss (Please see attached) On this , 20_, 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 Conunission expires: APPROVED AS TO FORM: By: George H. Eiser, III City Attorney 35 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diego On FEB 2 6 2009 before me, Date } Johanna Smith, Notary Public Here Insert Name and Title of the Officer personally appeared Lawrence F. McMahon Name(s) of Signer(s) JOHANNAS l in s""r""•' COMM. #1750064 NOTARY PUBLIC-CALIFORNIA ,' SAN DIEGO COUNTY (' 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/am subscribed to the within instrument and acknowledged to me that he/Atitatitx executed the same in his/tmodbekr authorized capacity(je, and that by his/tom signature(st) on the instrument the person(s), or the entity upon behalf of which the person(5) 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 Signature OPTIONAL eal. Signs ire of Notary Public Though the information below is not required by law, it may prove valuable t ; persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(Ies) Claimed by Signer(s) Signer's Name: O Individual O Corporate Officer — Title(s): ❑ Partner — 0 Limited 0 General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHU% OF SIGP SPRINT ER Top of thumb here Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): 0 Partner — 0 Limited 0 General O Attorney in Fact O Trustee ❑ Guardian or Conservator O Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item 05907 Reorder: Cap Toll -Free 1-800-876-6827 THE GUARANTEE COMPANY OF NORTH AMERICA USA Southfield, Michigan POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint Lawrence F. McMahon, James R. Sommerville, James Baldassare, Jr., Christine A. Paterson, Penny E. Kelley, Edward N. Hackett, Maria Vhanneza Whitecage Alliant Insurance Services, Inc. its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise. The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fulty and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By -Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31" day of December, 2003. The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority: 1. To appoint Attorney(s)-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and 2. To revoke, at any time, any such Attorney -in -fact and revoke the authority given, except as provided below 3. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attomey-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner — Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 31" day of December 2003, of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. STATE OF MICHIGAN County of Oakland IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 1st day of June, 2008. THE GUARANTEE COMPANY OF NORTH AMERICA USA Stephen Dullard, Vice President Randall Musselman, Secretary On this 1st day of June, 2008 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed, to said instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of said Company. Cynthia A. Takai IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Notary Public, State of Michigan County of Oakland My Commission Expires February 27, 2012 Acting in Oakland County Company of North America USA offices the day and year above written. I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect. IN WITIfJESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this day of Randall Musselman, Secretary FEB 2' 6 2009 Executed In Triplicate PAYMENT BOND BAY MARINA DRIVE WIDENING, FY 08-09 SPECIFICATION NO. 08-13 KNOW ALL MEN BY THESE PRESENTS: That Bond Number: 12058510 Premium: Included WHEREAS, the City Council of the City of National City, by Resolution No. 2009-25, passed the 17th day of February, 2009 has awarded to L.B. Civil Construction, Inc., hereinafter designated as the "Principal", the Bay Marina Drive Widening, FY 08-09 Specification No. 08- 13. 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 The Guarantee Company of North America USA 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 Sixty Thousand, Five Hundred Dollars and Thirty Cents ($1,060,500.30) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his/her or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay any of the persons named in Section 3181 of the California Civil Code, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the Contractor and his subcontractors pursuant to Section 18806 of the Revenue and Taxation Code, with respect to such work and labor the Surety will pay for the same in an amount not exceeding the sum hereinafter specified, and also, in case suit is brought upon this bond, a reasonable attorney's fee, to be fixed by the Court. This Bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code, so as to give a right of action to such persons or their assigns in any suit brought upon this bond. 36 PAYMENT BOND (CONTINUED) BAY MARINA DRIVE WIDENING, FY 08-09 SPECIFICATION NO. 08-13 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 purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the 26th day of February , 2009. The Guarantee C pany of North America USA (SEAL) (SEAL) LawrencWF. McMahon, Attorney -In -Fact (SEAL) Surety APPROVED AS TO FORM: George H. Eiser, III City Attomey LB CivilS.onstruction, By: tta PI E.-Kr' (SEAL) (SEAL) (SEAL) 37 Principal PAYMENT BOND (CONTINUED) BAY MARINA DRIVE WIDENING, FY 08-09 SPECIFICATION NO. 08-13 ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF COUNTY OF. ) ss (Please see attached) On this day of , 20_, 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 State of California County of San Diego FEB 2 6 2009 On before me, Date personally appeared } Johanna Smith, Notary Public Here Insert Name and Title of the Officer Lawrence F. McMahon Name(s) of Signer(s) '., JOHANNAMM. #1 SMITH �� COMM. #1750064 r . O ' 4V NOTARY PUBLIC-CALIFORNIA v. N ��°�M17. SAN DIEGO COUNTY s~ r0 f ' ' My Commission Expires <,n^ JUNE10,2011 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(;) whose name(*) is/a subscribed to the within instrument and acknowledged to me that he/Atiatifot executed the same in hisactuftbeir authorized capacity(je , and that by his/barb:te ' signature(50 on the instrument the person(s), or the entity upon behalf of which the person(R) 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 Signal yr€ of Notary Public Though the information below is not required by law, it may prove valuable t. persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual O Corporate Officer — Title(s): O Partner — O Limited 0 General O Attorney in Fact O Trustee ❑ Guardian or Conservator O Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: O Individual ❑ Corporate Officer — Title(s): O Partner — 0 Limited 0 General O Attorney in Fact O Trustee O Guardian or Conservator O Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here C2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotaryorg Item 85907 Reorder: Call Toll -Free 1-800-876-6827 THE GUARANTEE COMPANY OF NORTH AMERICA USA Southfield, Michigan POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint Lawrence F. McMahon, James R. Sommerville, James Baldassare, Jr., Christine A. Paterson, Penny E. Kelley, Edward N. Hackett, Maria Vhanneza Whitecage Alliant Insurance Services, Inc. its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise. The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By -Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31s' day of December, 2003. The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority: 1. To appoint Attorney(s)-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and 2. To revoke, at any time, any such Attorney -in -fact and revoke the authority given, except as provided below 3. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner — Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 31 ° day of December 2003, of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. ceoNTEE C STATE OF MICHIGAN County of Oakland IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 1st day of June, 2008. THE GUARANTEE COMPANY OF NORTH AMERICA USA Stephen Dullard, Vice President Randall Musselman, Secretary On this 1st day of June, 2008 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of said Company. Cynthia A. Takai IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Notary Public, State of Michigan County of Oakland My Commission Expires February 27, 2012 Acting in Oakland County Company of North America USA offices the day and year above written. nacaJ -raAet,c. I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect. IN WITIPESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this day of Randall Musselman, Secretary FEB 2 6 2009 EMERGENCY NOTIFICATION LIST BAY MARINA DRIVE WIDENING, FY 08-09 SPECIFICATION NO. 08-13 DATE: FEE:AJAR y 27, 200c1 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 GE -OFF: 6o-- Name TI r�l t- VM Emergency Telephone Number(s) '85S ^ €2c) - 317o (ce I I - 2y kut) e5S- 5-41- 2507 ( home) Emergency Telephone Number(s) e58- 829- 21431 (cell 858 - 53B 3121 (home I am aware that one of the named representative(s) shall be present at the work site whenever work is in progress. Further, each of these responsible persons can be contacted in an emergency situation and have complete authority to act on the Contractor's behalf. GGYG41 14A � Signature of Con ctor .TA S LUMM, PRES(D1r/N-1r Name and Title Signature of Contractor G:oer-- Oc fn)E) V/GE f 5 C— Name and Title Note: Two signatures are required if a corporation. 41 ACORD, . CERTIFICATE OF LIABILITY INSURANCE:. PRODUCER Phone: 760-304-7120 Alliant Insurance Services Driver Commercial Group 570 Rancheros Drive Ste 100 San Marcos CA 92069 Fax: 619-699-2151 DATE (MM/DO YYYY) 3/2/2009 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 LB Civil Construction, Inc. 10650 Treena St # 212 San Diego CA 92131 INsuRERA:American Home As ' INSURERB:Nat1Onwjde Mut I r INSURER C: RSjJI 19380 23787 22314 INSURER D: I. INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FCR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT CR OTHER DOCUMENT WITH RESPECT TO WHICH TH15 C'PT.TFICATE-M1Y PE ISSUED OR MAY:PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO 7,:.L THE TERMS, EXCLUSIONS AND CONDI-TIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADITq LTR INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION DATE (MM/DDIVYI 1 LIMITS A X GENERALLIABII.IT'Y x COMMERCIAL GENERAL LIABILITY 3791641 4/6/2008 4/6/2009 ; ' EACH OCCURRENCE $1, 000, 000 D PREM SES (EaEaCu Bence) $5 0 , 0 0 0 CLAIMS MADE X OCCUR MED EXP (Any one person) SS 000 PERSONAL 8 ADV INJURY S 1, 0 0 0, 0 0 0 GENERAL AGGREGATE $2, 000, 000 i GENL AGGREGATE LIMITAPPLIES PER: PRODUCTS-COMP/OPAGG $ 2,000,000 PRPOLICY iX I JECT I LOC B ,X AUTOMOBILEUABILIY X ANY AUTO A BODILY INJURY (Per person) S X X BODILY INJURY S (Per accdent) PROPERTY DAMAGE cc (Per adent) I GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ THAN EA ACC S OTHER AUTO ONLY: AGG $ C EXCESS/UMBRELLALIABILITY X' 221779 6/24/2008 4/6/2009 EACH OCCURRENCE ' $5, 000, 000 AGGREGATE 1$ 5, 0 0 0, 0 0 0 AIM OCCUR CLS MADE S DEDUCTIBLE RETENTION $ S $ WORKERS COMPENSATION AND EMPLOYERS IJABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N yes describe under below WCSTATU- OTH-i TORY LIMITS I I ER E.L. EACH ACCIDENT I S E.L. DISEASE - EA EMPLOYEE! $ E.L. DISEASE - POLICY LIMIT ' $ B S SPECIAL PROVISIONS OTHER Inland Marine - Equipment 7822507349 1/20/2009 1/20/2010 (Leased/Rented $400, 000 deductible $SC() DES I RIPTION OF OPERATIONS! LOCATIONS 1 VEHICLES RE: BAY MJARINA DRIVE WELDING THE CITY OF NATIONAL CITY, METROPOLITAN AND EMPLOYEES ARE NAMED AS CERTIFICATE (61714 0904 Er 90533 0306), COVERAGE PER THE ATTACHED (AC 01 02 03 CB). / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS TRANSIT SYSTEM (M.TS), SWEETWATER AUTHORITY, THEIR DIRECTORS, OFFICERS, AGENTS HOLDERS AND ADDITIONAL INSUREDS AS THEIR RESPECTS MAY APPEAR PER THE ATTACHE IS PRIMARY AND NON CONTRIBUTORY WITH RESPECTS TO GENERAL LIAEILTY AND AUTC LIAEILTY CERTIFICATE HOLDER CITY OF NATIONAL CITY 1243 NATIONAL CITY BLVD NATIONAL CITY CA 91950-4301 CANCELLATION*10 DAY NOTICE FOR NONPAYMENT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL XXXXXXXX XX MAIL 3C. DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, XXX XXXXXXX XX XX XX XXXXX XXXXXX XX XXXXXXXXXX XX XXXXXXXXX XX XXX XXXX XXXX XXX XXXXXXX, XXX XXXXXX XX XXXXXXXXXXXXXXX. AUTHORIZED REPRESENTATIO ®ACORD CORPORATION 1988 ACORD 25 (2001/08) 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) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ENDORSEMENT # This endorsement, effective 12:01 A.M. 4/6/2008 a part of Policy No.3791E41 forms issued to LB Ci.vi1 Con stn:ctirm, bI America:, 1ioTMe Ascur Co ADDITIONAL INSURED — WHERE REQUIRED UNDER CONTRACT OR AGGREEMENT (Professional Services Exclusion) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Section II —Who is an insured, 1., is amended to add: f. Any person or organization to whom you become obligated to include as anadditional insured under this policy, as a result of any contract or agreement you enter into, excluding contracts or agreements for professional services, which requires you tofurnish insurance to that person or organization of the type provided by this policy, but only with respect to liability arising out of your operations or premises owned by or rented to you. However, the insurance provided will not exceed the lesser of: 1. The coverage and/or limits of this policy, or 2. The coverage and /or limits required by said contract or agreement. METROPOLITAN TRANSIT SYSTEM (MIS). SAN DIEGO TROLLEY INC (SDTI). SAN DIEGO AND ARIZONA EASTERN RAILWAY (SD&AE). SAN DIEGO AND IMPERIAL VALLEY RAILROAD (SD&1V) SAN DIEGO TRANSIT CORPORATION (SDTC). THE CITY OF NATIONAL CITY, SWEETWATER AUTHORITY, THEIR DIRECTORS, OFFICERS, AGENTS AND EMPLOYEES AUTHORIZED REPRESENTATIVE 61714 (9/01) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement, effective 12:01 A.M. forms a part of Policy No. 3791f41 issued to LB Civil Ccnstrtction, Inc. PRIMARY COVERAGE FOR SPECIFIED PERSONS OR ORGANIZATIONS NAMED AS ADDITIONAL INSUREDS - ONGOING AND COMPLETED OPERATIONS This endorsement modes insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM The following paragraph is added to SECTION II — WHO IS AN INSURED and applies only to persons or organizations we have added to your policy as additional insureds by endorsement to comply with insurance requirements of written contracts relative to: a) the performance of your ongoing operations for the additional insureds; or b) "your work' performed for the additional insureds and included in the 'products -completed operations hazard": This insurance is primary over any similar insurance available to any person or organization we have added to this policy as an additional insured. However, this insurance is primary over any other similar insurance only if the additional insured is designated as a named insured in the Declarations of the other similar insurance. We will not require cont ribution of limits from the other similar insurance if the insurance afforded by this endorsement is primary. This insurance is excess over any other valid and collectible insurance,whether primary, excess, contingent or on any other basis, if it is not primary as defined in the paragraph above. All other terms and conditions of the policy are the same. METROPOLITAN TRANSIT SYSTEM (MTS). SAN DIEGO TROLLEY INC (SDTI). SAN DIEGO AND ARIZONA EASTERN RAILWAY (SD&AE). SAN DIEGO AND IMPERIAL VALLEY RAILROAD (SD&IV), SAN DIEGO TRANSIT CORPORATION (SDTC). THE CITY OF NATIONAL CITY, SWEETWATER AUTHORITY. THEIR DIRECTORS. OFFICERS. AGENTS AND EMPLOYEES Page 1 of 1 90533 (3/06) AUTHORIZED REPRESENTATIVE ENDORSEMENT This endorsement, effective 12:01 A.M. 04/06/2008 forms a part of policy No. GL 379-16-11 issued to L B CIVIL CONSTRUCTION, INC. by NAT I ONAL UNION FIRE INSURANCE COMPANY OF P I TTSBURGH, PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF LIMITS OF INSURANCE (Per Project or Per Location Aggregate Limit) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL UABILITY COVERAGE FORM 1. Your policy is amended to include either a Per Project General Aggregate Limit, a Per Location General Aggregate Limit or a Per Project and Per Location General Aggregate Limit. Please select only one of the following: [X] Per Project General Aggregate Limit $ 2,000,000 [ ] Per Location General Aggregate Limit $ [ ] Per Project and Per Location General Aggregate Limit $ IF NEITHER OF THESE BOXES ARE CHECKED, THIS ENDORSEMENT IS VOID. IF MORE THAN ONE OF THE THESE BOXES ARE CHECKED, THIS ENDORSEMENT IS VOID. II. SECTION I11 - LIMITS OF INSURANCE , is amended to include the following: 1. The Limits of Insurance and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 2. The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the products -completed operations hazard"; and c. Damages under Coverage B. 3. The Products -Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products -completed operations hazard". 4. Subject to 2. above, the Personal and Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all "personal and advertising injury" sustained by any one person or organization. 5. Subject to 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage A; and b. Medical expenses under Coverage C 86681 (9/04) Page 1 of 2 because of all "bodily injury" and "property damage" arising out of any one "occurrence". 6. Subject to 5, above, the Damage to Premises Rented To You Limit is the most we will pay under Coverage A because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, while rented to you or temporarily occupied by you with permission of the owner. 7. Subject to 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person. 8. Subject to 2., 4., 5., 6., and/or 7. above, the Per Project Aggregate Limit is the most we will pay unoer Coverages A, 8, and C combined for the sum of: a. Damages under Coverage A; b. Damages under Coverage B; and c. Medical Expenses under Coverage C arising out of any single Project described above. 9. Subject to 2.., 4., 5., 6., and/or 7. above, the Per Location Aggregate Limit is the most we will pay under Coverages A, B, and C combined for the sum of: a. Damages under Coverage A; b. Damages under Coverage B; and c. Medical expenses under Coverage C arising out of the any single Location described above. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. i11. The Limits of Insurance shown in the Declarations are deleted in their entirety and replaced by the Limits of Insurance set forth below. General Aggregate Limit Each Occurrence Limit Products -Completed Operations Aggregate Limit Personal & Advertising Injury Limit Damage to Premises Rented to You Medical Expense Limit Per Project General Aggregate Limit, Per Location General Aggregate Limit or Per Project and Per Location General Aggregate Limit IV. SECTION V - DEFINITIONS, is amended to include the following: 23. "Location" means premises involving the same or connecting Tots, or premises whose connection is interrupted only by a street, roadway, waterway, or right-of-way railroad. All other terms and conditions of this policy remain the same. 86681 (9/04) Limits of Insurance $ 5,000,000 $ 1,000,000 $ 2,000,000 $ 1,000,000 $ 100,000 $ 5,000 $ 2,000,000 a " Authorized epreentetitld Countersignature (in States Where Applicable Page 2 of 2 BUSINESS AUTO AC 01 02 03 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO ENDORSEMENT FORM This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM A. CHANGES FOR TRAILERS AND FARM EQUIPMENT 1. Under SECTION I - COVERED AUTOS, the following are added to Paragraph C. Certain Trailers, Mobile Equipment and Temporary Substitute Autos: 4. "Trailers" designed to be towed by a pri- vate passenger type "auto" or a pickup, panel truck or van if not used for busi- ness purposes, other than farming or ranching. 5. Farm wagons or farm implements while being towed by a covered "auto". B. CHANGES FOR ADDITIONAL NEWLY ACQUIRED VEHICLES 2. Paragraph B.2 of SECTION 1 — COVERED AUTOS is replaced by the following: 2. If Symbol 7 is entered next to a cover- age in Item Two of the Declarations, an "auto" you acquire will be a covered "auto" for that coverage only if: a. We already cover at least one "auto" you own for that coverage or it re- places an "auto" you previously owned that had that coverage; and b. You tell us within 30 days after you acquire it that you want us to cover it for that coverage. The most we will pay for Physical Damage Coverage for "loss" under this Coverage Ex- tension is $100.000 per "auto", subject to the largest deductible applicable to any "auto" for that Coverage. C. BLANKET ADDITIONAL INSURED Any person or organization which you have agreed 10 name as an additional insured in a written contract, executed prior to an acci- dent, other than a contract for the lease or rental of a vehicle is an "insured" for Liability Coverage, but only to the extent that person AC 01 02 03 07 or organization qualifies as an "insured" un- der the Who Is An Insured Provision con- tained in Section II — LIABILITY COVERAGE of the Coverage Form D. REPLACED EXCLUSIONS The Expected or Intended Injury Exclusion IN SECTION II — LIABILITY COVERAGE is replaced by the following: Expected or Intended Injury "Bodily injury" or "property damage" which is expected or intended by the "insured". This exclusion applies even if the resulting "bod- ily injury" or "property damage": a. is of a different kind, quality or degree than initially expected or intended; or b. is sustained by a different person, entity, real property, or personal property than that initially expected or intended. E. ADDITIONAL EXCLUSIONS The following exclusions are added to SECTION II — LIABILITY COVERAGE: Damage to Named Insured's Property Any claim or "suit" for "property damage" by you or on your behalf against any other per- son or entity that is also a Named Insured under this policy. Abuse or Molestation "Bodily injury" or "property damage" arising out of: a. The actual or threatened abuse or mo- lestation by anyone or any person while in the care, custody or control of any "in- sured", or b. The negligent: 1) Employment; 2) Investigation; 3) Supervision; 4) Reporting to the proper authorities, or failure to so report; or Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 3 with its permission. AC 01 02 03 08 5) Retention; of a person for whom any "insured" is or ever was legally responsible and whose conduct would be excluded by Para- graph a. above. Abuse means an act which is committed with the intent to cause harm. Explosives "Bodily injury" or "property damage" caused by the explosion of explosives you make, sell or transport. Rolling Stores If a covered "auto" is a rolling store, "bodily injury" or "properly damage" resulting from the handling, use or condition of any item the "insured" makes, sells or distributes if the injury or damage occurs after the "in- sured" has given up possession of the item. Wrong Delivery of Liquid Products "Bodily injury" or "property damage" result- ing from the delivery of any liquid into the wrong receptacle or to the wrong address, or from the delivery of one liquid for another, if the "bodily injury" or "property damage" occurs after the delivery has been com- pleted. Delivery is considered completed even if fur- ther service or maintenance work, or correc- tion, repair or replacement is required be- cause of wrong delivery. Professional Services "Bodily injury": a. Resulting from the providing or the fail- ure to provide any medical or other pro- fessional services. b. Resulting from food or drink furnished with these services. "Bodily injury" or "property damage" result- ing from the handling of corpses. F. MOTOR HOME CONTENTS COVERAGE 1. For a covered "auto" that is a motor home the following exclusions are added TO SECTION III — PHYSICAL DAMAGE: Motor Home Contents This insurance does not apply to: a. "Loss" to the covered "auto's" contents, except equipment usual to trucks or pri- vate passenger "autos". Page 2 of 3 b. "Loss" to TV antennas, awnings or ca- banas. c. "Loss" to equipment designed to create added living facilities. However, these exclusions do not apply if Miscellaneous Personal Property Coverage is provided by endorsement to this policy. G. ACCIDENTAL AIRBAG DISCHARGE COVERAGE Under Paragraph B.3.a. of SECTION III PHYSICAL DAMAGE, the following is added: Mechanical breakdown does not include the ac- cidental discharge of an airbag. H. PHYSICAL DAMAGE LIMIT OF INSURANCE Paragraph C. Limit of Insurance of SECTION III - PHYSICAL DAMAGE INSURANCE is replaced by the following: C. Limit Of Insurance 1 The most we will pay for "loss" in any one "accident" is the lesser of: a. The actual cash value of the damaged or stolen property as of the time of the "loss"; or b. The cost of repairing or replac- ing the damaged or stolen prop- erty. 2. An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of total "loss". 3. The cost of repairing or replacing may: a. Be based on an estimate which includes parts furnished by the original equipment manufacturer or other sources including non - original equipment manufactur- ers and b. Include a deduction for better- ment for a part or parts that are normally subject to repair or re- placement during the useful life of the "auto", such as, but not limited to tires and batteries. Betterment means the difference between the actual cash value of a part immediately before the "loss" and the cost to replace that part with a new part. Includes copyrighted material of Insurance Services Office, Inc., AC 01 02 03 08 with its permission. I. GLASS REPAIR —WAIVER OF DEDUCTIBLE Under Paragraph D. Deductible of SECTION III — PHYSICAL DAMAGE COVERAGE, the follow- ing is added: No deductible applies to glass damage if the glass is repaired rather than replaced. J. AMENDED DUTIES IN EVENT OF ACCIDENT, CLAIM, SUIT, OR LOSS The requirement in Loss Condition 2.a. Duties In The Even Of Accident, Claim, Suit Or Loss — of SECTION IV — BUSINESS AUTO CONDITIONS that you must notify us of an "accident", "claim", "suit", or "loss" applies only when the "accident", "claim", "suit", or "loss" is known to : 1. You, if you are an individual 2. A partner, if you zre a partnership; 3. An executive officer or the employee desig- nated by you to give such notice if you are a corporation; or 4. A member, if you are a limited liability com- pany. K. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTON IV — BUSINESS AUTO CONDITIONS — B.2. is amended by the addition of the follow- ing: If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. However, this provision does not affect our right to collect addi- tional premium or exercise our right of cancella- tion or nonrenewal. L. AUTOS HIRED OR RENTED BY EMPLOYEES If hired or rented "autos" are covered "autos" on this policy, the following provisions apply: A. Changes In Liability Coverage The following is added to the Who Is An In- sured Provision in SECTION II — LIABILITY COVERAGE: AC 01 02 03 08 An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness. B. Changes In General Conditions Paragraph 5.b. of the Other Insurance Condition in the Business Auto Coverage Form is replaced by the following: For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: 1. Any covered "auto" you lease, hire, rent or borrow; and 2. Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties re- lated to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". M. EMERGENCY LOCKOUT — PRIVATE PASSENGER VEHICLES We will reimburse you up to $50 for reasonable expense incurred for the services of a locksmith to gain entry into your covered "auto" of the pri- vate passenger type subject to these provisions: 1. Your door key or key entry pad has been lost, stolen or locked in your covered "auto" and you are unable to enter such "auto" , or 2. Your key or key entry pad has been lost or stolen and you have changed the lock to prevent an unauthorized entry; and 3. Original copies of receipts for services of a locksmith must be provided before reim- bursement is payable. All terms and conditions of this policy apply unless modified by this endorsement. AC 01 02 03 08 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 3 CERTHOLDER COPY SD STATE COMPENSATION INSURANCE P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807 FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 02-26-2009 GROUP: 000044 POLICY NUMBER: 0024543-2007 CERTIFICATE ID: 19 CERTIFICATE EXPIRES: 04-01-2009 04-01-2008/04-01-2009 CITY OF NATIONAL CITY SD JOB:ALL CALIFORNIA OPERATIONS 1255 IMPERIAL AVE STE 1000 SAN DIEGO CA 92101-7490 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 10 days advance written notice to the employer. We will also give you 10 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. HORIZED REPRESENTATIPRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: 51,000,000 PER OCCURRENCE. ENDORSEMENT #1600 - BOHNE, GEOFFREY C VICE PRESIDENT SECRETAR - EXCLUDED. ENDORSEMENT #1600 - LUMM, JAMES R PRESIDENT TREASURER - EXCLUDED. EMPLOYER L B CIVIL CONSTRUCTION INCORPORATED 10650 TREENA ST STE 212 SAN DIEGO CA 92131 SD [B18,SD] EV.2-051 PRINTED : 02-26-2009 RESOLUTION NO. 2009 — 25 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO L.B. CIVIL CONSTRUCTION, INC., IN THE AMOUNT OF $1,060,500.30 FOR CONSTRUCTION IMPROVEMENTS ASSOCIATED WITH THE BAY MARINA DRIVE WIDENING PROJECT WHEREAS, the Engineering Department, in open session on January 26, 2009, did publicly open, examine, and declare twelve sealed bids for construction improvements associated with the Bay Marina Drive Widening Project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for construction improvements associated with the Bay Marina Drive Widening Project to the lowest responsive, responsible bidder, to wit: L.B. CIVIL CONSTRUCTION, INC. BE IT FURTHER RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute on behalf of the City a contract in the amount of $1,060,500.30 with L.B. Civil Construction, Inc., for construction improvements associated with the Bay Marina Drive Widening Project. Said contract is on file in the office of the City Clerk. PASSED and ADOPTED this 17th day of Febru-2009. on Morrison, Mayor ATTEST: Michael R. Dalla, 1 ty Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Passed and adopted by the Council of the City of National City, California, on February 17, 2009 by the following vote, to -wit: Ayes: Councilmembers Morrison, Parra, Sotelo-Solis, Van Deventer, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California ,idtdj City Cl zof the City of tional City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2009-25 of the City of National City, California, passed and adopted by the Council of said City on February 17, 2009. City Clerk of the City of National City, California By: Deputy City of National City, California COUNCIL AGENDA STATEMENT 1411vMEETING DATE February 17, 2009 AGENDA ITEM NO. 4 ITEM TITLE Resolution of the City Council of National City awarding a contract to L.B. Civil Construction, Inc., in the amount of $1,060,500.30 for construction improvements associated with the Bay Marina Drive Widening Project funded by Tax Increment Fund. PREPARED BY Barby Tipton EXPLANATION See attached DEPARTMENT Engineering EXT. 4583 Environmental Review X N/A MIS Approval Financial Statement Approved By: for The total estimated cost with a 10% contingency is $1,166,550.33. Funds are av liable in i�a expeuirenditure account 511-409-500-598-3842 (Marina Gateway Improvements). $400,000 of construction costs will be reimbursed by an MOU between the City of National City and the San Diego Unified Port District Account No. 511-409-500-598-3842 STAFF RECOMMENDATION Adopt the Resolu on. BOARD / COMMI 1 • N RECOMM DATION N/A ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. Bid Opening Information Sheet 3. Bid Proposal Spreadsheet for the 3 lowest bidders 4. Explanation 5. L.B. Civil Construction, Inc Biography A-200 (Rev. 7/03) 11 o 11Nt A'. TV NAT I ��� 1.8 8��7�� �� �--- {NCO � OFFICE OF THE CITY CLERK 1243 National City Blvd., National City, CA 91950 619-336-4228 phone • 619-336-4229 fax L. B. Civil Construction Bay Marina Drive Widening Project Ken Fernandez (Engineering) Forwarded Copy of Agreement to Contractor