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HomeMy WebLinkAbout2009 CON Koch Armstrong - Marina Gateway Streetscape, FY 09-10CONTRACT MARINA GATEWAY STREETSCAPE, FY 09-10 SPECIFICATION NO. 08-16 THIS CONTRACT, made and entered into this 15th day of September, 2009 by and between the City of National City, California, herein after designated as the "City", and Koch -Armstrong General Engineering Inc., hereinafter designated as the "Contractor". 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: MARINA GATEWAY STREETSCAPE, FY 09-10 SPECIFICATION NO. 08-16 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. 31 CONTRACT (CONTINUED) MARINA GATEWAY STREETSCAPE, FY 09-10 SPECIFICATION NO. 08-16 4. The Notice Inviting Bids, Instructions To Bidders, Bid Proposal, Bonds, The Plans and Specifications, General Provisions and Special Provisions, and all amendments thereof, are hereby incorporated in and made part of this Contract. 5. The Contractor shall assume the defense of and indemnify and save harmless the City of National City and its officers, employees, and agents, including the private engineer, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from this Contract, or the performance of the work, regardless of responsibility or negligence. 6. Claims, disputes and other matters in question between the parties to this Contract, arising out of or relating to this Contract or the breach thereof, may be decided by arbitration if both parties to this Contract consent in accordance with the rules of the American Arbitration Association then obtaining unless the parties mutually agree otherwise. No arbitration arising out of or relating to this Contract, shall include, by consolidation, joinder or in any other manner, any additional person not a party to this Contract except by written consent containing a specific reference to this Contract and Signed by CONTRACTOR, CITY, and any other person sought to be joined. (Any Consent to arbitration involving an additional person or persons shall not constitute consent of any dispute not described therein or with any person not named or described therein.) This agreement to arbitrate and any agreement to arbitrate with an additional person or persons duly consented to by the parties to this Contract shall be specifically enforceable under the prevailing arbitration law. Notice of the demand for arbitration is to be filed in writing with the other party to this Contract and with the American Arbitration Association. The demand is to be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event is the demand for arbitration to be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. The award rendered by the arbitrators shall be final and judgement may be enter upon it in accordance with applicable law in any court having jurisdiction thereof. 7. The Contractor agrees to comply with all Local, State and Federal regulations and with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970 (42 U.S.C. 1857 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) as amended. 32 CONTRACT (CONTINUED) MARINA GATEWAY STREETSCAPE, FY 09-10 SPECIFICATION NO. 08-16 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed in three counterparts, each of which shall be deemed an original the day and year first above written. CONTRACTOR: By: Title: President By: CITY: Title: Monty Koch Christopher Armstrong Vice President, Secretazy/Trc-urer Federal ID. No. 33-0791759 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.) 33 CONTRACT (CONTINUED) MARINA GATEWAY STREETSCAPE, FY 09-10 SPECIFICATION NO. 08-16 CORPORATE CERTIFICATE President I, Monty Koch certify that I am the ga2iiiigfr of the Corporation named as Contractor in the foregoing Contract; that Christopher Armstrong , who signed said contract on behalf of the Contractor, was then Secretary of said Corporation; that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers. I, Christopher Armstrong certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that Monty Koch , who signed said contract on behalf of the Contractor, was then President of said Corporation; that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers. Corporate Seal: 34 CONTRACT (CONTINUED) MARINA GATEWAY STREETSCAPE, FY 09-10 SPECIFICATION NO. 08-16 PARTNERSHIP CERTIFICATE STATE OF ) ) ss COUNTY OF ) On this day of , 2009, 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: 35 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diego } On September 29, 2009 before me, Lynda M. Brewer, Notary Public Here Insert Name and Title of the Officer Dale personally appeared Monty Koch and Christopher Armstrong Names) of Signer(s) LYNDA M. BREWER Commission # 1848785 1 Notary Public - California 2 San Diego County f Comm. Ex p tea May 23, 2013 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ya/are subscribed to the within instrument and acknowledged to me that he/sile they executed the same in -his/het/their authorized capacity(ies), and that by his/herttheir signature(s) on the instrument the person(s), or tine entity upon behalf of which 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 corre WITNESS Sighature OPTIONAL nd official sial. Signature of Nola r"' oho Though the information below; is not required by law it may prove vaivable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to anotner document. Description of Attached Document Title or Type of Document: City of National City — Marina Gateway Streetrrape, FY 09-10, Sper. 08-16 Contract Document Date: Signer(s) Other Than Named Above: Number of Pages: Capacity(ies) Claimed by Signer(s) Signer's Name: Individual Corporate Officer Title(s): El Partner — CI Limited ❑ General 1l Attorney in Fact Trustee Guardian or Conservator Et Other: Signer Is Representing: RIGHTTHUMBPRINT. DESIGNER Signer's Name: • Individual C1 Corporate Officer — Title(s): L Partner — L Limited L General Attorney in Fact ❑ Trustee ❑ Guardian or Conservator Other: Signer Is Representing RIGHrTRUMBPRINr. DFSIGNER Top of thumb here vGtvne,=<.rw ux x e u 02007 National Notary Association• 9359 De Soto Ave., P.O. Box 2402 •Chatsworth, CA 91313-2402• www.NationalNotary.org Item P5907 Reorder: Call Toll -Free 1-800-816-6327 • Executed in Triplicate Bond no. 0505972 Premium: $13,794.00 PERFORMANCE BOND MARINA GATEWAY STREETSCAPE, FY 09-10 SPECIFICATION NO. 08-16 KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City Council of the City of National City, by Resolution No.2009-226, passed the 15`h day of September, 2009 has awarded to Koch -Armstrong General Engineering Inc., hereinafter designated as the "Principal", the Marina Gateway Streetscape, FY 09-10 Specification No. 08-16. 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 International Fidelity Insurance Company as surety, are held and firmly bound unto the City Council of the City of National City, hereinafter called the "Council", in the penal sum of One Million Nine Hundred Sixteen Thousand, Two Hundred Eighty - Two Dollars and Thirty Five Cents ($1,916,282.35) 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-orto the work or to the specifications. 36 ale Harshaw, Attorney -in -fact Surety APPROVED AS TO FORM: George H. Etser, City Attorney PERFORMANCE BOND (CONTINUED) MARINA GATEWAY STREETSCAPE, FY 09-10 SPECIFICATION NO. 08-16 In the event suit is brought upon this bond by the City of National City and judgement is recovered, the surety shall pay all costs incurred by the Council in such suit, including a reasonable attorney's fee to be fixed by the Court. IN WITNESS WHEREOF three identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the 28th day of September 2009. International Fidelity Koch -Armstrong General Insurance Company (SEAL) Engineering Inc. (SEAL) (SEAL) (SEAL) efiti5 P(fY akm Principal 37 (SEAL) (SEAL) ACKNOWLEDGMENT State of California County of San Diego On September 28, 2009 before me, Tara Bacon, Notary Public, personally appeared Dale Harshaw, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS y hand and official seal. Signatu 7- N TARA BACON AMUCAIFNNORRYPJBGCALIFOIA H SAN DIEGO COUNTY My Commission Expires ; MAY 16z2013 (Seal) Tel (973) 624-7200 POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE: ONE NEWARK CENTER, 20TH'FLOOR NEWARK, NEW JERSEY 07102-5207 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and e laws of the State of New Jersey, and having its principal office in the City of Newark, New Jersey, does hereby constitute and appoint JOHN C. STARICH, TARA BACON, DALE HARSHAW, BRAD'ORR, GEOFFREY SHELTON San Diego, CA. its true and lawful attomey(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 obligatoryin the nature thereof, which are or may be allowed, required or permitted by law,stature, rule, regulation, contract or otherwise, and the execution of such instrument(s) in .pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY, 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 its principal office. sting This Power of Attorney is executed, and may be revoked, pursuant to and by authority of Article 3-Section 3, of the By -Laws adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7th day ofFebruary, 1974. The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary,' shall have power and authority (1) To appoint Attorneys -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 remove, at any time, any such attorney -in -fact and revoke the authority given. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th day of April, 1982 of which the following is a true excerpt: Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 16th day of October, A.D. 2007. INTERNATIONAL FIDELITY INSURANCE COMPANY STATE OF NEW JERSEY County of Essex Secretary On this 16th day of October 2007, before me came the individual who executed the preceding instrument, to me personally' known, and, being by me duly sworn, said the he is the therein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. NOTARY PUBLIC IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written. A NOTARY PUBLIC OF NEW JERSEY CERTIFICATION My Commission Expires Nov. 21, 2010 I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the By -Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect IN TESTIMONY WHEREOF, I have hereunto set my hand this 28TH day of SEPTEMBER 2009 PERFORMANCE BOND (CONTINUED) MARINA GATEWAY STREETSCAPE, FY 09-10 SPECIFICATION NO. 08-16 ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF ) )ss COUNTY OF ) On this , 2009, 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 Title or Type of Document CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT �/a'�'.:CY'��f�iYr��.GS'v�',C`. r�✓�Y�C�CrG-Y.'.CY'�F�^'+�2;C��^�LS'Y'XY.L(�S>; �.C'YLC�.R� � � "� �..� �.i. � Sc�Y>��'�x--.'S'�C�:.C�C'����"C'/a^t'�:�f+�' State of California County of San Diego } On September 29, 2009 before me, Date personally appeared Lynda M. Brewer, Notary Public Here Insert Name and Title of the Officer Christopher Armstrong Narnets) of Signer(s) LYNDA M. BREWER Commission # 1848785 Notary Public - California San Diego County Comm. Expires May 23, 2013 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the personZ whose name') is/are subscribed to the within instrument and acknowledged tc me that he/s14e/the-executed the same in his,'hrr/then authorized capacity, and that by hisH�er/t treir signatures or the instrument the persona), or the entity upon behalf of which the person/ acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS nd and official OP f /ONA Signature of I T ary Public Though the Information below Is n01 required by Iav', it may prove valuable 10 persons relying on the document and could prevent fraudulent removal and reattachment o/ this form to another document. Description of Attached Document City of National City —Marina Gateway Streetscape, FY 09-10, Spec. 08-16 Performance Bond Document Dale: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D. Individual u Corporate Offioer — Title(s): Partner — Ci Limited O General Ll Attorney in Fact Ei Trustee Guardian or Conservator C' Other: Signer Is Representing: iiIGHTTUMBPAINT 13FT..,IGNER Signer's Name. rl Individual DI Corporate Officer' — Title(s): Li Partner — O Limited ❑ General ID Attorney in Fact [1 Trustee G Guardian or Conservaior Ci Other: Signer Is Representing: flIGHTSHUMBPAINT, tDFSIGNER lop of IIIURth here 44200/ Nahonal Notary Association • 9350 De Sola Ave., P.O. BOY. 2402 •Chelsworlh, CA 91313-2402 • wwwdWolinnelNolarynry Item 915907 Reorder:Call Tull -Free 1-000-876-6627 Executed in Triplicate PAYMENT BOND MARINA GATEWAY STREETSCAPE, FY 09-10 SPECIFICATION NO. 08-16 KNOW ALL MEN BY THESE PRESENTS: That Bond no. 0505972 Premium: Included in Performance Bond WHEREAS, the City Council of the City of National City, by Resolution No.2009-226, passed the 151h day of September, 2009 has awarded to Koch -Armstrong General Engineering Inc., hereinafter designated as the "Principal", the Marina Gateway Streetscape, FY 09-10 Specification No. 08-16. 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 International Fidelity Insurance Company as surety, are held and firmly bound unto the City Council of the City of National City, hereinafter called the "Council", in the penal sum of One Million Nine Hundred Sixteen Thousand, Two Hundred Eighty - Two Dollars and Thirty Five Cents ($1,916,282.35) 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. 39 PAYMENT BOND (CONTINUED) MARINA GATEWAY STREETSCAPE, FY 09-10 SPECIFICATION NO. 08-16 It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement hereinabove described or pertaining or relating to the furnishing of labor, materials, or equipment therefor, not by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement hereinabove described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner of Public Entity and original contractor or on the part of any obliges named in such. bond, but the sole conditions of recovery shall be that claimant is a person described in Section 3110 or 3112 of the California Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned. IN WITNESS WHEREOF three identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the 28th day of September , 2009. International Fidelity Insurance Company >2-- Dale Harshaw, Attorney -in -fact Surety Koch -Armstrong (SEAL) General Engineering Inc. (SEAL) C.hra,5 SQC ArtAstre 3 Principal (SEAL) (SEAL) (SEAL) APPROVED AS TO FORM: George H. Elser, III City Attomey 40 ACKNOWLEDGMENT State of California County of San Diego On September 28, 2009 before me, Tara Bacon, Notary Public, personally appeared Dale Harshaw, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS hand and official seal. TARA BACON COMM. #1845378 i y '�� ' NOTARY PUBLIC-CALIFORNIA +� SAN DIEGO COUNTY c � My MAY 6�2013 Expires Signatur.- CIA� J//� C-.—��, (Seal) Tel (973) 624-7200 POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE: ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102-5207 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing laws of the State of New Jersey, and having its principal office in the City of Newark, New Jersey, does hereby constitute and appoint JOHN C. STARICH, TARA BACON, DALE HARSHAW, BRAD ORR, GEOFFREY SHELTON San Diego, CA. its true and lawful attorneys) -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 obligatoryin the nature thereof, which are or may be allowed, required or rmitted by law, stature, rule, regulation, contract or otherwise and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY, 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 its principal office. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of Article 3-Section 3, of the By -Laws adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7th day of February, 1974. The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority (1) To appoint Attomeys-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 remove, at any time, any such attorney -in -fact and revoke the authority given. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th day of April, 1982 of which the following is a true excerpt: Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attomey or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 16th day of October, A.D. 2007. STATE OF NEW JERSEY County of Essex INTERNATIONAL FIDELITY INSURANCE COMPANY Secretary On this 16th day of October 2007, before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said the he is the therein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written. CERTIFICATION I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the By -Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals; and that the said Power of Attorney has not been revoked and is now in full force and effect A NOTARY PUBLIC OF NEW JERSEY My Commission Expires Nov. 21, 2010 IN TESTIMONY WHEREOF, I have hereunto set my hand this 28TH day of SEPTEMBER 2009 Assistant Secretary PAYMENT BOND (CONTINUED) MARINA GATEWAY STREETSCAPE, FY 09-10 SPECIFICATION NO. 08-16 ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF COUNTY OF ) ) ss On this day of , 2009, 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 41 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Qomsc-,(6,9- State of California County of San Diego On September 29, 2009 Dale personally appeared before me, Lynda M. Brewer, Notary Public Nero Insert Iva., and Tale of Ine Office, Christopher Armstrong Norno(s) of Signer(s) LYNDA M. BREWER �.; Commission 01848785 Notary Public - California i 17 San Diego County M Comm. Ex ires Ma 23, 2013 Place Notary Send A6we who proved to me on the basis of satisfactory evidence to be the personV whose name is/are subscribed 10 the within instrument and acknowledged to me that he/si-e/tiirei, executed the same in his/hlefilthetr-euthorized capacity(ids'; and that by his i the+rsignature on the instrument the persory(%), or the entity upon behalf of wnich the personacted. 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 m hand and official c5ignaSonafure or y Public Though the information below is not required by lave, n may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: City of National City — Marina Gateway Street'rape, FY 09-10, Spec. 08-16 Payment Bond Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Sinner's Name: TI Individual El Corporate Officer — Title(s): Partner — Li Limited LI General Ti Attorney in Fact O Trustee U Guardian or Conservator ❑ Other: Signer Is Representing: !° cl9:� lop or Ilium) here Signer's Name: ri Individual Ti Corporate Officer — Title(s): L Partner —.ID Limited ❑ General El Attorney in Fact ❑ Trustee Li Guardian or Conservator Other: Signer Is Representing: TIIGHTTHUMBPRINT DFSIGNER Top of Ihumb here (2007JNational Notary Association•0350 De Solo Ave_, P.O. Boa 2402 • Ccatsworll:, CA 91313-2402• ww vNalionelNoorynre Ilea 415997 Reuider:Car loll-Hee 1.500-N76.6827 • ACt7RiD CERTIFICATE OF LIABILITY INSURANCE 9/28/2009""""' PRODUCER BB&T-John Burnham Ins Services 750 B Street Suite 2400 San Diego, CA 92101 619 231-1010 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Koch Armstrong General Engineering Inc P. O. Box 1190 Lakeside, CA 92040 INSURER AWausau Business Insurance Compa 26069 INSURER B: National Union Fire Ins Co of P 19445 INSURERC. Peerless Insurance Company 24198 INSURER D. INSURER E; V 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 CLAIMSINSR. LTR LTR AD RC NSRC TYPE OF INSURANCE POLICY NUMBER DATE IMMIDDIYYI ICY EFFECTIVE POLICY IMMID IYYIIN LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY TBKZ91446265029 07/01/09 07/01/10 EACH OCCURRENCE $1,000,000 $100,000 DAMATO PREMISES (EaENTED occurrence) CLAIMS MADE X OCCUR MED EXP (Any one person) $5,000 X BI/PD Ded:10000 PERSONAL BADV INJURY $1,000,000 $2,000,000 $2,000,000 GENERAL AGGREGATE GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG POLICY I X PRO- LOC JECT C AUTOMOBILE LIABILITY ANY AUTO ALLOWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS BA8468839 D7/01/09 07/01/10 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 X BODILY INJURY (Per person) $ X BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ — AUTO ONLY: AGG $ B EXCESSIUMBRELLA LIABILITY I OCCUR CLAIMS MADE BE042884611 07101/09 07/01/10 EACH OCCURRENCE $1 ,000,000 $1,000,000 $ X AGGREGATE DEDUCTIBLE RETENTION $ $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERJEXECUTIVE OFFICER/MEMBER EXCLUDED? If yes. describe under SPECIAL PROVISIONS below WC STATU- OTH- TORY I IMLLS ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT! SPECIAL PROVISIONS Certificate is subject to policy limits, conditions and exclusions. RE: Marina Gateway Streetscape FY 09-10, SPEC. No. 08-16 . The City of National City, its officers, employees, and agents are named as additional insured (GL) per the captioned operations of the Named (See Attached Descriptions) 10 Days for Non-Pavmen V GIN ,„,VIA, 1-, ,IJVV V,\ - SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of National City DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN 1243 National City Blvd. NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO 50 SHALL National City, CA 91950 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUiJyy00�Pa"i�,II_/ZEED REPRESENTATIVE s`�'fir,ad" ACORD 25 (2001/08) 1 of 3 #S41123041M3929895 CMCRO IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S (2001/08) 2 of 3 #S41123041M3929895 DESCRIPTIONS (Continued from Page 1) Insured. AMS 25.3 (2001/08) 3 of 3 #S4112304/M3929895 POLICY NUMBER TBK291446265029 Koch Armstrong General Engineering, Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS — COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE COMMERCIAL GENERAL LIABILITY CG20370704 Name Of Additional Insured Peron(s) Or Organization(s): All persons or organizations with whom you have a written agreement to include them as additional insureds, which is signed in advance of the 'occurrence or offense for which the additional insured seeks coverage. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work' at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard", COMMERCIAL POLICY NUMBER GENERAL LIABILITY TBx.Z91446265029 Koch Armstrong General Engineering, Inc. GG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ fT CAREFULLY. ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS — SCHEDULED PERSON OR ORGAN ZATION This endorsement modifies insurance provided under the fallowing: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional insured Person(s) 0r 0rganization(s): All persons or organizations with whom you have a written agreement to include them as additional insureds, which is signed in advance of the "occurrence" or offense for which the additional insured seeks coverage. A. Section II — Who is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage' or "personal and advertising injury" caused, in whole or in park, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf, in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. B. Writ respect to the insurance afforded to these additional insureds, the following additional exclusions apply. This insurance does not apply to "bodily injury' ar "property damage" occurring after. 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the 'oration of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contactor or subcontractor engaged in performing oper5ons for a principal as a part of the same project • L.neLIut izo. , r ACORD CERTIFICATE OF LIABILITY INSURANCE DATE 9/28/2009nrvv) PRODUCER BB&1--John Burnham Ins Services 750 B Street Suite 2400 San Diego, CA 92101 619 231-1010 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Koch Armstrong General Engineering Inc P. O. Box 1190 Lakeside, CA 92040 INSURER A: SeaBright Insurance Company 15563 INSURER B. INSURER C: INSURER INSURER E: LItiVtlIALItz 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 LTR ►NSRI, ADD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MMIDDYY! POLICY EXPIRATION DATE IMMIDDIYYI LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED PREMISES (Ea occurrence) $ MED EXP (Any one person) $ CLAIMS MADE , OCCUR PERSONAL & ADV INJURY $ GENERAL AGGREGATE PRODUCTS - COMP/OP AGO $ GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO II LOC JECT AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per sodden() $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ THAN EA ACC $ OTHER AUTO DNLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ AGGREGATE $ IOCCUR CLAIMS MADE $ DEDUCTIBLE RETENTION $ $ A WORKERS EMPLOYERS' ANY OFFICER/MEMBER If yes, S OTHER DESCRIPTION Certificate RE: OF OPERATIONS I LOCATIONS 1 VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT! SPECIAL PROVISIONS is subject to policy limits, conditions and exclusions. Marina Gateway Streetscape FY 09-10, SPEC. No. 06-16 . CERTIFICATE HOLDER City of National City 1243 National City Blvd. National City, CA 91950 CANCELLATION ays fN or on - SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3D DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTi) IZED REPRESENTATIVE ACORD 25 (2001/08)1 of 2 #S4112306/M3365456 CMCRO © ACORD CORPORATION 19B8 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement an this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S (2001/08) 2 of 2 #54112306/843365456 RESOLUTION NO. 2009 — 226 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO KOCH-ARMSTRONG GENERAL ENGINEERING, INC. IN THE AMOUNT OF $1,916,282.35 FOR THE CONSTRUCTION IMPROVEMENTS FOR THE MARINA GATEWAY STREETSCAPE PROJECT, SPEC. NO. 08-16, AND AUTHORIZATION FOR THE APPROPRIATION OF SEWER FUNDS WHEREAS, the Engineering Department of the City of National City did, in open session on August 26, 2009, publicly open, examine and declare all sealed bids for Spec. No. 08-16 for the construction improvements for the Marina Gateway Streetscape Project, FY 09-10. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for the National City Street Resurfacing Project, FY 09-10 to: KOCH-ARMSTRONG GENERAL ENGINEERING, INC. BE IT FURTHER RESOLVED by the City Council that the Mayor is hereby authorized to execute on behalf of the City a contract between Koch -Armstrong General Engineering, Inc. and the City of National City in the amount of $1,916,282.35 for the construction improvements for the Marina Gateway Streetscape Project, FY 09-10. Said contract is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the City Council hereby authorizes the following appropriation and transfer of funds: From: Account No. 125-2501 Sewer Undesignated Fund Balance To: Account No. 125-409-500-598-3842 Sewer Fund Expenditure Account Amount: $608,787 Purpose: Marina Gateway Streetscape Project PASSED and ADOPTED this 15th day of Septemb , 2009. ATTEST: .A(titt/ Michael Dalla, City C rk n Morrison, Mayor APPROVED AS TO FORM: George H. Eiser, III City Attorney Passed and adopted by the Council of the City of National City, California, on September 15, 2009 by the following vote, to -wit: Ayes: Councilmembers Morrison, Parra, Sotelo-Solis, Van Deventer. Nays: None. Absent: Councilmember Zarate. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California /9 City lerk of the City of fdational City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2009-226 of the City of National City, California, passed and adopted by the Council of said City on September 15, 2009. City Clerk of the City of National City, California By: Deputy C 1OO \-C.`1 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE September 15, 2009 AGENDA ITEM NO. 14 ITEM TITLE Resolution of the City Council of National City awarding a contract to Koch amount not -to -exceed $1,916,282.35 and authorizing the Mayor to execute the agreement improvements for the Marina Gateway Streetscape Project, Spec. No.08-16 and authorize of Sewer Funds. (Funded by Tax Increment Fund and Sewer Fund) PREPARED BY Barby Tipton DEPARTMENT Development Services/ Engineering Division EXPLANATION See attached Armstrong in the for construction the appropriation EXT. 4583 Environmental Review X N/A MIS Approval _ q Financial Statement Approved By: V Finance Director Funds are available in expenditure account 511-409-500-598-3842 (Marina Gateway Improvements). Transfer $608,787 from the Sewer undesign funbalance, account 125-2501 to expenditure account 125-409-500-598-3842 (Sewer Fund) (�\ >�" "l Account No., STAFF RECOMMEN ' TION Cj Adopt the Resolutio BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below) 1. Resolution 2. Bid Opening Information Sheet 3. Bid Proposal Spreadsheet for the 3 lowest bidders Resolution No. o c a c 08-13 A-200 (Rev. 7/03) OFFICE OF THE CITY CLERK 1243 National City Blvd. National City, California 91950 Michael R. Dalla, CMC - City Clerk 619-336-4228 phone • 619-336-4229 fax October 14, 2009 Mr. Monty Koch President Koch -Armstrong General Engineering, Inc. P.O. Box 1190 Lakeside, CA 92040 Dear Mr. Koch, On September 15th, 2009, Resolution No. 2009-226 was passed and adopted by the City Council of the City of National City, awarding a contract to Koch - Armstrong General Engineering, Inc. We are enclosing for your records a certified copy of the above Resolution and a fully executed original Contract. Sincerely, Michael R. Della, CMC City Clerk Enclosures cc: Engineering Department