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HomeMy WebLinkAbout2010 CON ATP General Engineering - Street Resurfacing Project FY 10-11CONTRACT NATIONAL CITY STREET RESURFACING PROJECT, FY 10-11 SPECIFICATION NO. 10-01 i THIS CONTRACT, made and entered into this5 day of AMett5T2010 by and between the City of National City, California, herein after desig'tfated as the "City", and A i P vt -v-a,*' , hereinafter designated as the "Contractor". g vkc i tneeri vn ee l•racfl Ys 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: NATIONAL CITY STREET RESURFACING PROJECT, FY 10-11 SPECIFICATION NO. 10-01 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. 29 CONTRACT (CONTINUED) NATIONAL CITY STREET RESURFACING PROJECT, FY 10-11 SPECIFICATION NO. 10-01 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 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. 30 CONTRACT (CONTINUED) NATIONAL CITY STREET RESURFACING PROJECT, FY 10-11 SPECIFICATION NO. 10-0 ( 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: PrdelA By: '- CITY: Title: iiC e �2F,ri1:= < Federal ID. No. 9.1- I L: ' ( 19 5' 1 By: Title: Mayor, City of National City ATTEST: By: Title: City Clerk, City of National City (Notary acknowledgement of execution by all PRINCIPALS OF CONTRACTOR must be attached.) SEE ACKNOWLEDGMENT ATTACHED 31 )tr" Corporate Officer — Title(s) 1 Individual ❑ Partner — C7 Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator L' Other: Document Date: 7CYLc Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name : +(',T who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: 7. Signature of Notary Public ve valuable to persons relying on the document chment of this form to another document. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ' } t On / [ lc before me, ._l>:>n 'men Name and Title oce,\r Dare Herej [he Officer • personally appeared ✓\C'�—•�C\\:f `,/ �.01\k/Th (. C,�*\e-`1 / Name(s) of Signer(s) INCAN COMM. NOTARY PURIJC • CALIFORNIA SAN DIEGO COUNTY Comm. Exp. DEC. 27, 2011 Place Notary Seal and/or Stamp Above OPTIONAL Though the information below is not required by law, it and could prevent fraudulent removal and re Description of Attached Document Title or Type of Document: F`r-A.: i'CNCANI\.'C�c� y-ICAC:k\ cc = "� , [ Number of Pages: 3 Signer Is Representing: (denez0,\ C(v1ec c C0v rt�cO'c'tOc j C RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name:qr*C\ \C -Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact Trustee L! Guardian or Conservator Li Other: Signer Is Representing: _ CiEfieCcA. RIGHT THUMBPRINT OF SIGNER 02008 National Notary Association • 9350 De Soto Ave-, P.O. Box 2402 ^ Chatsworth, CA 91313-2402 • www.NetionalNotary.org Item #5907 Reorder: Call Toll -Fee 1-800-876-6827 CONTRACT (CONTINUED) NATIONAL CITY STREET RESURFACING PROJECT, FY 10-11 SPECIFICATION NO. 10-01 CORPORATE CERTIFICATE I, C.Ccet le named as Contra r in t)ov. PAttt Contractor, was the-4 PreE- certify that I am the Secretary of the Corporation the foregoing Contract; that , who signed said contract on behalf of the of said Corporation; that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers. I, e named as Contractor in i)o' nk t.'? in -- Contractor, was then certify that I am the Secretary of the Corporation the foregoing Contract; that who signed said contract on behalf of the of said Corporation; that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers. Corporate Seal: 32 ACORD° CERTIFICATE OF LIABILITY INSURANCE 4/14/2011 DATE (MMIDD!YYYY) 8/5/2010 PRODUCER Lockton Insurance Brokers, LLC 725 S. Figueroa Street, 35th FI. CA License#0F15767 Los Angeles CA90017 (213)689-0065 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 ATP General Engineering, Inc. 1327625 1e7 Mace St. Chula Vista CA 91911 I INSURER A: Gemini Insurance Company 10833 INSURER e: Companion Property and Casualty Ins Co 12157 INSURER C : INSURER D : INSURER E : COVERAGES ATPGE02 M9 THIS CERTIFICATE OF IN 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 ADDL. INSRD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MMIDO/YY) POLICY EXPIRATION DATE (MMIDDIYY) LIMITS A X GENERAL X UABILITY COMMERCIAL GENERAL LIABILITY VCGP018377 4/14/2010 4/14/2011 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES (Ea occurenoe) $ 50 000 �� CLAIMS MADE I OCCUR I" MED EXP (Any one person) S 5,000 X $5,000ded. PERSONAL BADVINJURY $ 1,000,000 $ 2,000,000 $ 2,000,000 GENERAL AGGREGATE GEM_ AGGREGATE LIMIT APPLIES PER: 7 POLICY I ^ I JECT I—ILOC PRODUCTS - COMP/OP AGG AUTOMOBILE LIABILITY NOT APPLICABLE COMBINED SINGLE LIMIT— (Ea accident) $ XXXXXXX BODILY INJURY (Per person) $ XXXXXXX BODILY INJURY (Per accident) $ XXXXXXX PROPERTY DAMAGE (Per accident) $ XXXXXXX GARAGE '�II LIABILITY l ANY AUTO NOT APPLICABLE AUTO ONLY - EA ACCIDENT $ XXXXXXX OTHER THAN EA ACC $ XXXXXXX AUTO ONLY: AGG $ XXXXXXX EXCESSNMBRELLA 7 LIABILITY OCCUR CLAIMS MADE 1 I UMBRELLA DEDUCTIBLE FORM RETENTION $ NOT APPLICABLE EACH OCCURRENCE $ XXXXXXX AGGREGATE $ XXXXXXX $ XXXXXXX $ XXXXXXX $ XXXXXXX H WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YI N ANY PROPRIETOR/PARTNER/EXECUTIVE I N I OFFICERIMEMBER EXCLUDED? (Mandatory in NH) d yes. describe under SPECIAL PROVISIONS Leave CPCA10511 _ 4/14/2010 4/14/2011 X TORY UMITS OTH- ER E.L. EACH ACCIDENT S 1,000,000 E.L. DISEASE -EA EMPLOYEE $ 1,000,000 E.L. DISEASE -POLICY LIMIT $ 1,000,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS The City of National City, it's officers, employzes, and agents arc named as Additional Insureds to the extent provided by tt e policy language or endorsement issued. 10959361 City Of National City Attn: Din Daneshfar 1243 National City Blvd., National City CA 91950-430 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE DATE THEREOF, THE ISSUING INSURER WILL maxoto ¢ MAIL 30 THE EXPIRATION DAYS WRITTEN I�Xf ,'T .'a 0e} NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, )ietx IX y eryXX X.p XXXMIUM 1 ,pq X96y K XRP7¢9G%rfMTKII AUTHORIZED REPRESENT /,./0104...".."' ACORD 25 (2009/01) 1988-4ff09 (CORD CORPORATION. All rights reserved The ACORD name and logo are registered marks of ACORD For Questions maardina this ceniacete, contact the number listed in the 'Producer' section above and seed's the client code'ATPCOE02'. v8/ 99/L41© 11:59 i✓ i 11 T11, NSPORT 1 rl'al VY/ V, Polley Number: VCGP01$377 Insured Name:,ATP GENERAL ENGINEERING INC Number_ 24 +cG7010It) nl Effective Date: 04/14/2010 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, ADDITIONAL MST "ED" —.OWNERS, LPS'QPS, OR CONTRACTORS —SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATJONS LLARTT JTY COVERAGE PART SCHEDULE Name f Pe____ n 1YQ111G [1y rG3�1'U11 Vr Orgxiinaatlorr. COMMERCIAL JOBS ONLY AS REQUIRED BY WIUTTEN CONTRACT (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A Section IT —Who is An Insured is amended to include as an insured the person -or organization shown -in the Schedule, but only with isespectto liability arisirieOutofyour ongoing 'operations perforled for B. With respeet to the 4.nsurance afR rded to these.ndtljtinnal incureeds, the following exclusion is added: Exclusions This insurance does not apply to "bodily injury" Of "property damage occurring after; (I) 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 site of the covered operations has hem 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 contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 2010 IOC} i Page 1 of 1 Policy Number: VCGP018377 Insured Name:ATP GENERAL ENGINEERING INC Number: 26 VE 0184 10 03 Effective Date: 04/14/2010 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Designated Construction Projects: AS REQUIRED BY WRITTEN CONTRACT (If no.entry appears above, information required to complete this endorsement will be shown in the Declarations as.applicable to this endorsement.) A. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under COVERAGE A (SECTION I), and for all medical expenses caused by accidents under COVERAGE C (SECTION I), which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. A separate Designated Construction Project General Aggregate Limit applies to each designated construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. However, the most we will pay under the Designated Construction Project General Aggregate Limit for all projects combined is $ 5,000,000.00. 2. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, except damages because of "bodily injury" or "property damage" included in the "products- completed operations hazard", and for medical expenses under COVERAGE C regardless of the number of VE 0184 10 03 Page 1 of 2 a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 3. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the Designated Construction Project General Aggregate Limit for that designated construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Construction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Construction Project General Aggregate Limit. 13. For all sums which the insured become legally obligated to pay as damages caused by "occurrences" under COVERAGE A (SECTION I), and for all medical expenses caused by accidents under COVERAGE C (SECTION I), which cannot be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: C. 1. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products -Completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not. reduce any Designated Construction Project General Aggregate Limit. When coverage for liability arising out of the "products -completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the `products -completed operations hazard" will reduce the Products -Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated Construction Project General Aggregate Limit. D. If the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E. The provisions of Limits Of Insurance (SECTION III) not otherwise modified by this endorsement shall continue to apply as stipulated. VE01841003 Page 2 of 2 COMMERCIAL AUTO GOLD ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the fol lowing: BUSINESS AUTO COVERAGE FORM SECTION II - LIABILITY COVERAGE A. COVERAGE 1. WHO IS AN INSURED The following is added: d. Any organization, other than a par.nershlp or pint venture, over which you maintain ownership or a ma)ortty Interest on the effective date of this Coverage Form, 'rf there s no similar insurance available to that organization. e. Any organization you newly acquire or form other than a partnership or joint venture, and over which you maintain o'rmership of a majority interest. However. coverage under this provision does not apply: (1) If there is slrnher insurance or a self -insured retention plan available to that organization; or (2) To body injury' of 'property damage' that occurred before you acquired or formed the organization. f. Any volunteer rr employee of ynura while using a covered "auto' you do nol own, hire or borrow in your business or your personal Affairs. Insurance provided by this endorsement is excess over any other insurance available to any volunteer or employee. g. Any person, organization; trustee, estate or governmental entity with respect to the operation, maintenance or use of a covered 'auto" by an insured, if: (1) You are obligated to add that person, organization, trustee, estate or governmental entity as an additional ensured to this policy toy: (a) an expressed provision of an `insured contract', or written agreement; or (b) an expressed condition of a written permit batted to you by o governmental or publio authority. (2) The "bodily injury" or "properly damage' Is caused by an'acdtlent' which takes place after: (a) You executed tho Insured contract' or written agreement; or (b) the permit has been issued to you. 2. COVERAGE EXTENSIONS a. Supplementary Payments. Subparagraphs (2) and (4) are amended es follows. (2) tap to $2500 for cost of ball bonds (including bonds for related traffic law violations) required because cf an 'accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "Insured" at our request, including actual Toss of earning up to 5500 a day becoJse of time off from work. Includes opyrIghted .material of fret/ranee Servrcoa Offices, In e. Me Ifs totrnlscton GECA 701 (01/07) 031062010 Br53759 NEt1SXUMW903 INSURED DOPY Page 1of3. PGOMO600 J2EVou GCAOPPII 00009284 Pie 47 SECTION Ip — PHYSICAL DAMAGE COVERAGE A. COVERAGE The following is added; 5. Hired Auto Physical Damage a. Any "auto' you lease, hire, rent or borrow from someone other than your employees or partners or members of their household is a covered °auto' for each of your physical damage coverages. b. I tie most wa will pay for 'loss" in anyone "accident" Is the smallest of (1) $56,000 (2) The actual cash value ci the damaged or stolen property as of the time of the 'loss"; or (3) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. If you are naule for the-accerenr. we will also pay up to 5500 per 'accident" tor the actual loss of use to the owner of the covered "auto". C. Our obligation to pay for, repair, return or replace damaged or stoien property will be reduced by an amount that is equal to the amount of the largest deducible shown for any owned "auto for that coverage. However, any Comprehensive Coverage deductible shown in the Declarations does not apply to loss" caused by fire or lightning_ d. For this coverage, The insurance provided is primary for any covered "auto" you hire without a driver and excess over any other collectible insurance for any covered "auto' that you hire with a driver. lf. Rerrtal Reimbursement Coverage We will pay up to $75 per day for up to 30 days, for rental reimbursement expenses Incurred by you tor the rental of an 'auto' because of "loss" to a covered "auto". Rental Reimbursement will be based on the rental of a rximpareele vehicle, which In many cases may be substantially leas than $75 per day, and will only be allowed for a period of time it should take to repair or replace the vehicle with reasonable speed and similar quvp(y, vp (v v maximum of 30 days. We win also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your materials and equipment from the covered "auto'. If "loss' results from the total theft of a covered "auto' of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which Is riot already provided under paragraph 4. Coverage Extension. 7. Lease Gap Coverage If a long-term leased 'auto" is a covered 'auto' and the lessor is named as an Additional Insured — Lessor, to tho ovont of a total bee, we will pay your additional logol obligation to the lessor for any difference between the actual cash value of the "auto" at the lime of the loss and the 'outstanding balance" of the lease, "Outstanding balance" meals, the uttn:tutul you owc on the lease at the time of loss less any amounts representing taxes; overdue payments; penailtes, Interest or charges resulting from overdue payments; additional mileage charges; excess sear and tear charges; and lease termination tees. B. EXCLUSIONS The following is added to Paragraph 3 The exclusion rut 'loss' caused by or resulting nom mechanical or electrical breakdown does not apply to the accidental discharge of an airbag. Innaktdco oppyriphtod marerid of hsunanot Services °frees. Inn.. with is pernassis, GECA 701 (01 f07) Page 2 of 3 INSURED COPY 03V3120t0 E793799 NEW3X0MC0909 PG0t0300 J2b359 GCAOPPN 00003239 Pape 4a Paragraph 4 is replaced with the following. 4. We will not pay for "loss" to any of the following: a. Tapes, moods, disks or other similar audio, visual or data electronic devices designed for use with audio. visual or data electronic equipment b. Equipment designed or used for the detection or location of radar. c. Any electronic equipment that receives or transmits audio, visual or data signals. Exclusion 4.c does not apply to: (1) Electronic equipment that recehms or transmits audio, visual or data signals, whether or not designed solely for trig reproduction of sound, if the equipment is permanently installed in the covered "auto at the lime of the loss' and such equipment is designed to be solely operated by use of the power from the. "auto's" electrical system. in or upon the covered 'auto"; or (2) Any other electronic equpment that is: (a) Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auk s operating system; or (b) An ntegral pert of the same unit housing any sound reproducing equipnnerrt described in 11) above and permanently installed In the opening of the dash or console of the covered °auto" normally usod by the manufacturer for installation of a radio. D. DEDUCTIBLE The following is added: No deducible applies to glass damage if the glass is repaired rather than replaced. SECTION IV. BUSINESS AUTO CONDITIONS A. LOSS OONDII IONS Item 2.a. and b. are replaced with: 2. Duties In The Event of Accident, Claim, Suit. or Lowe a You must promptly notify us. Your duty to promptly notify us Is effective when any of your executive officers, partners, members, or legal representatives is aware of the accident, claim, 'suf.". or Toss- Knowledge den accident, claim, "suit', or loss, by other omployeo(e) does not imply you also have such knowledge. b. To the extent possible, notice to us should include: (1) How, when and where the accident or loss took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising aut of the aceident or loss. The following is added to 5. We waive any right of recovery wo may have ogainst any oddltlonal insured under Coverage A. 1_ Who Is An Insured g., but only es respects Toss arising out of the operation, maintenance or use of a covered "auto' pursuant to the provisions of the "insured contract", written agreement, or permit. B. GENERAL CONDITIONS 9. Is added 9. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Your unintentional failure to disclose any hazards existing at the effective date of your policy will not prejudice tho coverage afforded. However, we have the right to collect additional premium for any cuoh hazard. COMMON POLICY CONDITIONS 213. is replaced by the following! b. 60 days betroths effective date of cancellation it we cancel for any other reason. Includes copyree led materiel of Insvarce Services Offices. Inc wilh its perm mean OECA 701 {01/07) Page 3 of 3 mr05201e 8753759 NCUSXDMm903 INSURED DOPY POOlitalD J26359 I GCAOPPN 00003280 Page as BOND NO.: SB016000175 PREMIUM: $43,775.00 PERFORMANCE BOND NATIONAL CITY STREET RESURFACING PROJECT, FY 10-11 SPECIFICATION NO. 10-01 KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City Council of the City of National City, by Resolution No. 2010-174 , passed the 3RD day of AUGUST , 2010 has awarded to .ATP GENERAL.* hereinafter designated as the "Principal", the National City Street Resurfacing Project, FY 10�, 11 Specification No. 10-01. *ENGINEERING CONTRACTORS WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract. NOW, THEREFORE, we, the Principal and ULLICO CASUALTY COMPANY as surety, are held and firmly bound unto the City Council of the City of National City, hereinafter called the "Council", in the penal sum of TWO MILLION NINE HUNDRED EIGHTEEN THOUSAND TWO HUNDRED EIGHTY NINE AND 57/100,i$ 2,918,289.57 ) lawful money of the United States, for the payment of which sure 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 TIIIS 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 shalt 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 herein 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, 34 PERFORMANCE BOND (CONTINUED) • NATIONAL CITY STREET RESURFACING PROJECT; FY 10-11 SPECIFICATION NO. 10-01 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, eachof which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the 4TH day of AUGUST , 2010. ATP GENERAL ENGINEERING ULLIC ASUUUAALTY COMP NY (SEAL) ! — •: SEAL) e c'�( C (SEAL) PAUL E. BOUCHER, ATTORNEY -IN -FACT (SEALj- � ( EAT-) Surety 35 Principal PLEASE SEE ATTACHED ACKNOWLEDGEMENT PERFORMANCE BOND (CONTINUED) NATIONAL CITYSTREETRESURFACING PROJECT; FY 10-11 SPECIFICATION NO. 10-01 ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF COUNTY OF On this , 2010, -before, me, the undersigned, a Notary Public in and for said County awl 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. ) ss ) 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: A By OV ► TO 11':% , , City Attu r iser, III 36 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of LOS ANGELES On AUGUST 4, 2010 before me, } MELISSA GUZMAN, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared PAUL E. BOUCHER Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person() whose name() is/3>yO(subscribed to the within instrument and acknowledged to me that he/Xtifialiln executed the same in his 0.W- authorized capacity, and that by his/1 Oi:kV signature(x) on the instrument the MELISSA GUZMAN person(), or the entity upon behalf of which the person(X) COMM. 01750916 acted, executed the instrument. Notary Public • CeIitornis a Los Angeles County " Conrn. Jun.13 Place Notary Seal Above 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 a Signature Sign OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: BOND NO.: SB016000175 Document Date: AUGUST 4, 2010 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer Title(s): ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner ❑ Limited ❑ General O Attorney in Fact ❑ Trustee ❑ Guardian or Conservator O Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here ❑ Attorney in Fact O Trustee O Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here e 2007 National Notary Association • 9350 De Soto Ave., P.O. Sox 2402 • Chatsworth, CA 91313-2402 • www.NationalNotery.org Item #5907 Reorder: Call Toll -Free 1-800-876-6827 ULLICO Casualty Company 1625 Eye Street, N.W. Washington D.C. 20006 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: That ULLICO CASUALTY COMPANY (the Company), a corporation organized and existing under the laws of the State of Delaware, does hereby constitute and appoint: JANINA MONROE, PAUL E. BOUCHER, THOMAS G. MCCALL, TIMOTHY J. NOONAN, JEREMY YEUNG of LOCKTON COMPANIES, LLC Its true and lawful Attorney (s) in fact with fill authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $5,000,000.00. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of ULLICO Casualty Company at a meeting duly called the 15th day of July, 2009. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) Appoint Attomey(s) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney -in -Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and biding upon the Company in the future with the respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, ULLICO CASUALTY COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized office this day of , 20 .vxtti OF rs SEALS*, It lf, .`aw ,l • AUG 0 4 2010 Daniel Aronowitz President ULLICO Casualty Company, a Delaware Corporation, On this 16'" day of July 2009, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that he is the therein described and authorized officer of the ULLICO CASUALTY 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. ftlotary Public CATHERINE M. OBRIEN NOTARY PUBLIC STATE OF MARYLAND MONTGOMERY COUNTY MY COMMISSION EXPIRES JANUARY 21, 2012 CERTIFICATE I. Teresa E. Valentine, Senior Vice President, General Counsel and Secretary of ULLICO Casualty Company, do hcrby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto on this 16th day of July 2009 are true and correct and are still in full force and effect. I do further certify that that Daniel Aronowitz, who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of ULLICO Casualty Company, In Testimony Whereof I have subscribcd my name and affixed the facsimile seal of each Company this 16'" day of July 2009. Teresa E. Valentine Senior Vice President, General Counsel & Secretary ULLICO Casualty Company BOND NO.: 5B016000175 PREMIUM INCLUDED IN PERF. BOND PAYMENT BOND NATIONAL CITY STREET RESURFACING PROJECT, FY 10-11 SPECIFICATION NO. 10-01 KNOW-ALL MEN BY THESE PRESENTS; That, WHEREAS, the City Council of the City of National City, by Resolution No. 2010-174 , passed the 3RD' day of AUGUST , 2010 has awarded to ATP GENERAL ENGINEERING CONTRACTORS hereinafter designated as the "Principal", the National City Street Resurfacing Project, FY 10-11 Specification No, 10-01. 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 ULLICO CASUALTY 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 TWO MILLION NINE HUNDRED EIGHTEEN THOUSAND * 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. *TWO HUNDRED EIGHTY NINE AND 57/100 ($2,918,289.57) 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. 37 PAYMENT BOND (CONTINUED) NATIONAL CITY STRHNT RESURFACING PROJECT, FY 10-11 SPECIFICATION NO. 10-01 It is further stipulated and agreed that the Surety on this bond shall not beexonerated 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 iuider 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 WIIEREOF 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 4TH day of AUGUST , 2010. ATP GENERAL ENGINEERING ULLL20 XASUALTY COMPANY (SEAL) ; (SEAL) SEAL) (SEAL) PAUL E. BOUCHER, ATTORNEY -IN- (S �- L) Surety Principal sa PLEASE SEE ATTACHED ACKNOWLEDGEMENT PAYMENT BOND (CONTINUED) NATIONAL CITY STREET RESURFACING PROJECT, FY 10-11 SPECIFICATION NO. 10-01 ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF ) ) ss COUNTY OF ) On this day of , 2010, 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: APP' . ED A TO FOR Ci Attorney 39 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of LOS ANGELES On AUGUST 4, 2010 before me, Date } MELISSA GUZMAN, NOTARY PUBLIC Here Insert Name and Title of the Officer personally appeared PAUL E. BOUCHER Name(s) of Signer(s) MELISSA GUZMAN COMM. #1750916 Notary Public - California o Los Angeles County '•• CORM es Jun.15 2011 Place Notary Seal Above 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 hem executed the same in his O )t authorized capacity) tj, and that by his/Mk 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 my hand an,.ffi al. Signature OPTIONAL Signat e o 'otary Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: BOND NO.: SB016000175 Document Date: AUGUST 4, 2010 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here c 2007 National Notary Association - • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder Call Tail -Free 1-800-876-6827 ULLICO Casualty Company 1625 Eve Street. N.W. Washington D.C. 20006 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: That ULLICO CASUALTY COMPANY (the Company), a corporation organized and existing under the laws of the State of Delaware, does hereby constitute and appoint: JANINA MONROE, PAUL E. BOUCHER. TI I OMAS G. MCCALL, TIMOTHY J. NOONAN, JEREMY YEUNG of LOCKTON COMPANIES, LLC Its true and lawful Attorney (s) in fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $5,000,000.00. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of ULLICO Casualty Company at a meeting duly called the 15th day of July, 2009. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) Appoint Attomcy(s) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney -in -Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and biding upon the Company in the future with the respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, ULLICO CASUALTY COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized office this day of , 20 y11 Mot, u 8 itr>f' ICrPCdr'q A:r. SEAL _ 1979,:. 1 0,.<111 111'�' AUG 0 4 2010 Daniel Aronowitz President ULLICO Casualty Company, a Delaware Corporation. On this 16`" day of July 2009, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that he is the therein described and authorized officer of the ULLICO CASUALTY 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. Notary Public CATHERINE M. OBRIEN NOTARY PUBLIC STATE OF MARYLAND MONTGOMERY COUNTY MY COMMISSION EXPIRES JANUARY 21, 2012 CERTIFICATE I, Teresa E. Valentine, Senior Vice President, General Counsel and Secretary of ULLICO Casualty Company, do herby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto on this 16th day of July 2009 arc true and correct and are still in full force and effect. 1 do further certify that that Daniel Aronowitz, who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of ULLICO Casualty Company, In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this l6i' day of July 2009. Teresa E. Valentine Senior Vice President, General Counsel & Secretary ULLICO Casualty Company RESOLUTION NO. 2010-174 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO ATP GENERAL ENGINEERING CONTRACTORS IN THE AMOUNT OF $2,918,289.57 FOR THE NATIONAL CITY STREET RESURFACING PROJECT, FY 2010-2011 WHEREAS, the Engineering Department, in open session on July 19, 2010, did publicly open, examine, and declare ten sealed bids for the National City Street Resurfacing Project for fiscal year 2010-2011. 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 for fiscal year 2010-2011 to the lowest responsive, responsible bidder, to wit: ATP GENERAL ENGINEERING CONTRACTORS 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 $2,918,289.57 with ATP General Engineering Contractors for the National City Street Resurfacing Project for fiscal year 2010-2011. Said contract is on file in the office of the City Clerk. PASSED and ADOPTED this 3rd day of August, 2010. on Morrison, Mayor ATTEST: Michael R. Dalla, ty Clerk PROVED S TO FORM: audia G. Esq. City Attorney Passed and adopted by the Council of the City of National City, California, on August 3, 2010 by the following vote, to -wit: Ayes: Councilmembers Morrison, Sotelo-Solis, Van Deventer, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California ;Li City Jerk of the City National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2010-174 of the City of National City, California, passed and adopted by the Council of said City on August 3, 2010. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT rd0‘o-yy MEETING DATE: August 3, 2010 AGENDA ITEM NO. 8 ITEM TITLE: Resolution of the City Council of the City of National City awarding a contract to ATP General Engineering Contractors in the amount of $2,918,289.57 to perform the City's Street Resurfacing Project for the FY 2010-2011 and authorizing the Mayor to execute the contract (Funded by TransNet, Propositon 1 B, Gas Tax and Tax Increment Funds) PREPARED BY: Din Daneshfar DEPARTMENTDev l• �ment Serving. PHONE: 336-4387 APPROVED Betf EXPLANATION: See attached explanation. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS The funds are available through Project accounts numbers 307-409-500-598-6035 $1,760,034.37, 346-409-500-598-6035 (908,000), 109- 409-500-598-6035 ($635,000) and 511-409-500-598-6035 ($739,965.63). Twenty five percent of the total contract amount ($730,000) will be allocated for contingencies Der the "GREEN BOOK" adopted by the City of National City. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution. BOARD 1 COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Resolution 2. Bid Information 3. List of Street Locations 4. Location Map \at)• aD \0-\`1'i awarding INC ORPOlt Al August 11, 2010 Mr. Donald Daley I11 ATP General Engineering Contractors 187 Mace Street Chula Vista, CA 91911 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 Dear Mr. Daley, On August 3rd, 2010, Resolution No. 2010-174 was passed and adopted by the City Council of the City of National City, awarding a Contract to ATP General Engineering Contractors. We are enclosing for your records a certified copy of the above Resolution, a fully executed original Contract and copies of the Performance and Payment Bonds. Sincerely, Esther Clemente Deputy City Clerk Enclosures cc: Engineering Dept.