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HomeMy WebLinkAbout2010 CON Koch Armstrong - Drainage Improvements FY 10-11CONTRACT NATIONAL CITY DRAINAGE IMPROVEMENTS PROJECT, FY 10-11, SPECIFICATION NO. 10-03 THIS CONTRACT, made and entered into this 19' day of October, 2010 by and between the City of National City, California, herein after designated as the "City", and Koch -Armstrong General Engineering, 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: V.ATIO.NAL CITY DRAINAGE IMPROVEMENTS PROJECT,FY 10-11, SPECIFICATION NO. 10-03 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. 30 CONTRACT (CONTINUED) NATIONAL CITY DRAINAGE IMPROVEMENTS PROJECT, FY 10-11, SPECIFICATION NO. 10-03 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. 31 CONTRACT (CONTINUED) NATIONAL CITY DRAINAGE IMPROVEMENTS PROJECT, FY 10-1-1, SPECIFICATION NO. ID-C3 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed in three counterparts, each of which shall he deemed an original the. day and Year first above written. CONTRACTOR: By: CITY: Tide. President By Monty Koch edera ID. 33-0791759 By: 714,1 Title: Mavor, Citt of National City ATTEST By: Title: City Clerk, City of National City (Notarial acknowledgement of execution by all PRINCIPALS OF CONTRACTOR must be attached.) 32 CONTRACT (CONTIN UED) NATIONAL CITY DRAINAGE IMPROVEMENTS PROJECT, FY 10-11, SPECIFICATION NO. 10-03 CORPORATE CERTIFICATE President I, Monty Koch certify that I am the SROKIM9Cof 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: 33 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diego On November 1, 2010 before me, Dale personally appeared Monty Koch Lynda M. Brewer, Notary Public Here insert Name. and Tilie of the Officer Name(s) of Signer(s) ,,,7•0 LYNDA M. BREWER y' ,^, Commission # 1848785 z Notary Public -California z Z .4'' San Diego County D M/ Comm. Expires May 23_2013 Plane Notary Sea. Above who proved to me on the oasis of satisfactory evidence to be the person(A whose name(f5) is/aFc subscribed to the within instrument and acknowledged to me that heisiao/t4ey executed the same in his/144/tf944 authorized capacity{aes), and that by his/Hsr/tltsi, signaturP,(5) on the instrument the personX, or the entity upon behalf of which the person(,' acted, executed the instrument I certify under °ENALTY OF PEFUJRI' under the laws of the State of California that the foregoing paragraph is true and correct WITNE S my nd official Sig OPTIONAL ` Signature of Nola bl Though the rnlormation below is not required by lay it may prove valuable to persons relvine on the document and could prevent fraudulent removal and reattachment of this torn to another document. Description of Attached Document Title or iype of Document: Contract - City of National City National City Drainage ]mproven nts Project, FY 10-11 Document Date: Numbe' of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name. LI Individual ❑ Corporate Officer — Title(s): ❑ Partner — rl Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: / Spec. 10-03 HIGHTTHUMBFRINT DFSIGNER lop of thumb here Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner —L Limited ❑ General D Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: EWIT7MUMBPRIN T.. DFSIGNER to of thumb here t�1-<C(�=c^U.�?(.. _'...�- _ _ ' `U.`c.13�.�:.^c-4'�'W�-�/' +^�_.se�/u"z%�'•ty`�'�_C^�-c;�.�-:u�.�-vw�..�.. �.._ �.._,.-.-._._,__._._ ©2007 National Notary Association• 9350 De Snto Ave. O. Box 2402 • Chatsworth, CA 91313-2402• www..NaennalNotaryorr hem 115907 Reorder, Cell Tol4Pree I-800-876.9827 CONTRACT (CONTINUED) NATIONAL CITY DRAINAGE IMPROVEMENTS PROJECT, FY 10-11, SPECIFICATION NO. 10-03 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed in three counterparts, each of which shall be deemed an original the day and year first above written. CONTRACTOR: CITY: By: Title: President By: Monty Koch Christopher Armstrong Title: ice President, Secretary/Treasurer Federal ID. No. 33-0791759 By: Title: Mayor, City of National City ATTEST: By: A Title: City Clerk, City of National City (Notarial acknowledgement of execution by all PRINCIPALS OF CONTRACTOR must be attached.) 32 CALIFORNIA .ALL-PURPOSE ACKNOWLEDGMENT State of California County of 5kYl. 171.eM On 0 before me, I rd(. Y'I PJU"l QXL f �} l%L((�'z Dale II 1 Here Insert Name d Title of trio Officer appeared Chf 140e Ar A(n' (-r0 Nam (s) of signer(s) LYNDA M. BREWER � Commission # 1848785 L z 2,�� p. Notary Public - California z yz Tl40r San Diego County Comm. Expir_s May 23_2013 C Place Notary Seal Above who proved to me or the basis of satisfactory evidence to be the person(y) whose name is/are-.subscribed to the within instrument and acknowledged to me that he/sheitheq-executed the same in his/tear/th authorized capacity(ies), and that by his/+ie4theix-signaturefe on the instrument the person ;. or the entity upon behalf of which the person 1 actec, exeouted the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and corre OPTIONAL d and official s signature of - ry public Tnouoh the information below Is not required by lain i! may prove valuable to persons rel vino on the aocument and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Documer}t Document Date: Izsrloo.0 Gs -at -TA Pam. b.. YO V 10-1 Number of Pages: Signers) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Titie(s): ❑ Partner — ❑ Limited General ❑ Attorney in Fact • Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing. RIGHTTHUMBPRINT tIFSIGNER Top of Thumb here Signer's Name: ❑ Individual ❑ Corporate Officer — Title(si: ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: {itGHTTHU IFS RINr lop of thumb here ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402. www.NationalNolary.org Item 115907 Reorder: Call Toll -Free 1-800.878.6527 0ct•26,2010,,04:33 PM FNB�of they Rockiesa(97D)24b U33(2 3/3 CONTRACT (CONTINUE)) NATIONAL CITY DRAINAGE IMPROVEMENTS PROTECT', FY 10-1I, SITECIFIC.ATION NO, 10-03 • IN WITNESS WIEMEOF, the patties Hereto have caused this Contract to be executed in three countgrta, each. of which shall be deemed an original Flail day and year bast above written. • CONTRACTOR: BY: -iL—L L Tide: Preacithat Federal ID. No. CITY: limey Efr-ti 33-0791759 By: Title: Mayor; City of Natiaxial City AT T: By: Title; City Clerk, City of National City (Notarial aclmowledgement of execution by all PRINCIPALS OF CONTRACTOR must be attached.) Awn' spittzM1 e b /ht3 �672' (Ar 4�= Ste, a me gl 'VLIDa iil,t441k1 AeFoRr ,4,%. -rn'bP,t 32 CONTRACT (CONTINUED) NATIONAL CITY DRAINAGE IMPROVEMENTS PROJECT, FY 10-11, SPECIFICATION NO. 10-03 PARTNERSHIP CERTIFICATE 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: (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: 34 , Executed in Triplicate Bond No. 0506029 Premium: $958.00 PERFORMANCE BOND NATIONAL CITY DRAINAGE IMPROVEMENTS PROJECT, FY 10-11, SPECIFICATION NO. 10-03 KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City Council of the City of National City, by Resolution No. 2010-236, passed the 19th day of October, 2010 has awarded to Koch -Armstrong General Engineering, hereinafter designated as the "Principal", the National City Drainage Improvements Project, FY 10-11, Specification No. 10-03. 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 Ninety Thousand, Nine Hundred Ninety Three Dollars and 60/100 ($90,993.60) 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 andsave 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 tinge, alteration or addition to the terns of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or additions to the terms of the contract or to the work or to the specifications. 35 PERFORMANCE BOND (CONTINUED) NATIONAL CITY DRAINAGE IMPROVEMENTS PROJECT, FY 10-11, SPECIFICATION NO. 10-03 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 allpurposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the 22nd day of October , 2010. International FFidelit Insurance Company (SEAL) `1 ) 01 / (SEAL) Tara Bacon, Attorney -in -Fact Surety APPROVED AS t FOi� y B . 4_►.f: Claudia Sily-ir City Attorney Koch -Armstrong General Engineering, Inc. (SEAL) (SEAL) (SEAL) Christopher Armstrong, Vice President(SEAL) Secretary/Treasurer Principal PERFORMANCE BOND (CONTINUED) NATIONAL CITY DRAINAGE IMPROVEMENTS PROJECT, FY 10-11, SPECIFICATION NO. 10-03 ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF ) ss COUNTY OF ) On this , 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: 37 ACKNOWLEDGMENT State of California County of San Diego On October 22, 2010 before me, Maria Hallmark, Notary Public, personally appeared Tara Bacon, 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 she executed the same in her authorized capacity, and that by her 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 and official seal. Signat e cn COMM. #1810525 c7 NOTARY PUBLIC-CALIFORNIA U SAN DIEGO COUNTY My Commission Expires AUGUST 22, 2012 -e (Seal) Tel (973) 624-7200 POWER OF ATTORNEY .[ INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE: ONE NEWARK CENTER, 2OTH 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 inrthe City of Newark, few Jersey, does hereby constitute and appoint KYLEKING, TARA BACON, DALE HARSHAW; BRAD ORR, GEOFFREY SHELTON San Diego, CA. its true and lawful attorney(sl in-faact m execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law,' 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 regulaily 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 INSLRANCE 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 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 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 he 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 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. t,ItAR �Qt O NOTARY PUBLIC * �Ir 1/,lEfi5-1 IN TESTIMONY WHEREOF, 1 have hereunto set my hand affixed my Official Seal at the City of Newark, New Jersey the day and year first above written. CERTIFICATION A NOTARY PUBLIC OF NEW JERSEY My Commission Expires Nova 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 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 22nd day of October, 2010 4fteitig(Airs- Assistant Secret .y CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diego On October 25, 2010 1 before me, Lynda M. Brewer, Notary Public Dale Here Insert Name and Till: el the Office, personally appeared Christopher Armstrong Name(s) of Signer(s) LYNDA M. BREWER Commission # 1848785 z xq YsnA Notary Public - California z San Diego County Comm. Expires Mav 23. 2013 C Place Notary Seal Aeove who proved to me on the basis of satisfactory evidence to be the person) whose namely) is/a;re subscribed to the within instrument and acknowledged to me that he/s+ae/tbet- executed the same in his/trtr/ti'authorized capacityti+5;, and that by his$+9er/44eir signaturefe) 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. WITNES`®hand and offieat. OPTIONAL Signaler- Notary Puhl Though fhe Information below is not required by lair, it may prove valuable In persons rmlvinn on the documen: and could prevent fraudulent removal and reattachment of this form to anothe document. Description of Attached Document Title or Type of Document: Performance Bond - City of National City National City Drainage Improvements Project, FY 10-11 Document Date Number o, Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: CI Individual Corporate Officer — Title(s): El Partner — ❑ Limited ❑ Genera! J Attorney in Fact LI Trustee D Guardian or Conservator ❑ Other: Signer Is Representing lop of Mount, here Signer's Name: G Individual Li Corporate Officer -- ID ❑ Partner — D. Limited =i General u Attorney in Fact Li Trustee 11 Guardian or Conservator CI Other: Signer Is Representing: RIQHTTMUMBPRINT. TIFSIGNER lop of thumb here t%C,�c%C:r�C.��'t.1uo•c:.C:�%C;�W�c.O�c_,.c^cciczG_., - _'_-."-. J = _ - , Q=tia.`�4�%C'�uscvcti-v'u=-s:.c�e;..: (02007 Naltonal Notary Association • 9350 De Solo Ave., P.O. Bun 2402 • Chatsworth, CA 91313-2402 • wwveNationalNolaryor: Item 115907 Reorder Call Toll -Free i-600-676-6627 . Executed in Triplicate Bond No. 0506029 Premium included in Performance Bond PAYMENT BOND NATIONAL CITY DRAINAGE IMPROVEMENTS PROJECT, FY 10-11, SPECIFICATION NO. 10-03 KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City Council of the City of National City, by Resolution No.2010-236, passed the 19°' day of October, 2010 has awarded to Koch -Armstrong General Engineering , hereinafter designated as the "Principal", the . NATIONAL CITY DRAINAGE IMPROVEMENTS PROJECT, FY 10-11 SPECIFICATION NO. 10-03. 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 Ninety Thousand, Nine Hundred Ninety Three dollars and 60/100 ($90,993.60) 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 failto 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. 38 PAYMENT BOND (CONTINUED) NATIONAL CITY DRAINAGE IMPROVEMENTS PROJECT, FY 10-11, SPECIFICATION NO. 10-03 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 thereof, 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 an 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 22nd d.ay of October , 2010. I ternational Fidelity surance Company (SEAL) Koch -Armstrong General Engineering, Inc. (SEAL) ylkik,,j.� — a L--(SEAL) (SEAL) ara Bacon, Attorney -in -Fact (SEAL) Christopher Armstrong, Vice PresiderEAL) easurer APPROVED AS By: Claudia Silva City Attorney Surety Principal 39 PAYMENT BOND (CONTINUED) NATIONAL CITY DRAINAGE IMPROVEMENTS PROJECT, FY 10-11, SPECIFICATION NO. 10-03 ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF ) COUNTY OF ) ) ss 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: 40 ACKNOWLEDGMENT State of California County of San Diego On October 22, 2010 before me, Maria Hallmark, Notary Public, personally appeared Tara Bacon, 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 she executed the same in her authorized capacity, and that by her 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 and official seal. MARIA HALLMARK 41 COMM. #1810525 a NOTARY PUBLIC-CALIFORNIA r SAN DIEGO COUNTY My Commission Expires AUGUST 22, 2012 (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 us principal office in the City of Newark, New Jersey, does hereby constitute and appoint KYLE KING, TARA BACON, DALE HARSHAW, BRAD ORR, GEOFFREY SHELTON San Diego, CA. its true and lawful attorney(s)-in-fact to execute. seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings 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 he as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY. as fully and amply, to all intents and purposes, as of the same had been duly executed and acknowledged by its regularlyelected 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 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 attomey 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 he 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 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 WIIEREOF, 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 1, 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 SAM 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 hereun my hand this 22nd day of October, '2010 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diego On October 25, 2010 before me, Dale personally appeared } Lynda M. Brewer, Notary Public Christopher Armstrong Here Insert Name and Title of the Officer Name(s) o1 Signer(s) LYNDA M. BREWER •�, `•ti,Commission # 1848785 �' •"J nx Notary Public - California z zf►f San Diego County " M Comm. Expires May 23, 2013+ Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person whose name0 is/are-subscribed to the within instrument and acknowledged to me that he/site/they-executed the same in his/i r/t#re# authorized capacity(tesj, and that by his/#ter/t#teir signatureee6) on the instrument the personjX, 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 s Sign- J ' Signature of Notary Public 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 Payment Bond - City of National City -National City Drainage Improvements Project, -FY 10-11 Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual G Corporate Officer—Title(s): ❑ Partner — ❑ Limited Cl General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER lop of Thumb here Signer's Name: LJ Individual El Corporate Officer — Title(s): Li Partner — [1 Limited ❑ General [71 Attorney in Fact ❑ Trustee ❑ Guardian or Conservator PI Other: Signer Is Representing: RIGHTTHUMBPRINr 'DESIGNER lop of thumb here ,. n2007 National Notary Association • 9350 De Solo Ave., P.O. Box 2402 • Chalsworlb CA 91313 2402 • www.NationalNotaryorg Item 95907 Reorder, Call Toll -Free 1-800-376 0827 • RM i CORDra CERTIFICATE OF LIABILITY INSURANCE 10/2„20�0 ' 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 A. Wausau Business Insurance Compa 26069 INSURERS: National Union Fire Ins Co of P 19445 INSURER C: Peerless Insurance Company 24196 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 CLAIMS. W8R LT" DMPOLICY NSRt, TYPE OF INSURANCE POLICY NUMBER EFFECTIVE DATE IMMIDDIYYYYf, POLICY EXPIRATION DATE(MMIDDIYYYYf LIMITS /J. GENERAL LIABILITY TBJZ91446265020 07/01/2010 07/01/2011 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY ENTED PREMISES IEa occurrencel $100,000 CLAIMS MADE X OCCUR MED EXP (My one person) $5,000 X BUPD Ded:10000 PERSONAL&ADVINJURY S1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE�LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $2,000,000 7 POLICY I �I JECT T LOC C AUTOMOBILE X LIABILITY ANY AUTO BA8468639 07101/2010 07/01/2011 COMBINED SINGLE LIMIT (Ea accident) $1 000,000 A ALL OWNED AUTOS S HIRED AUTOS NON -OWNED AUTOS BODILY INJURY (Par accident) $ '.. PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ B EXCESS I UMBRELLA LIABILITY BE020172644 07/01/2010 07/01/2011 EACH OCCURRENCE $1,000,000 EOCCUR n CLAIMS MADE AGGREGATE $1,000,000 DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND WC STATU- TORYI WITS OTH- ER EMPLOYERS' LIABILITY PROPRIETORIPARTNERIEXECUTIVE E.L. EACH ACCIDENT $ ANY OFFICERIMEMBER EXCLUDED? (Mandatory nN ) n E.L DISEASE - EA EMPLOYEE $ If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES !EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Certificate is subject to policy limits, conditions and exclusions. RE: National City concrete improvements FY 10-11 Specificateion #10-3. 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) CERTIFICATE HOLDER City of National City 1243 National City Blvd. National City, CA 91950-4301 CANCELLATION ays or Non-Navmen SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL m 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, AUTHORIZED REPRESENTATIVE ACORD 25 (2009/01) 1 of 3 #S5797134/M5374015 0 1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD MGGUE 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 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 (2509/01) 2 of 3 #S57971341M5374015 DESCRIPTIONS (Continued from Page 1 Insured. AMS 25.3 (2009/01) 3 of 3 #S5797134/M5374015 PQUDY 1.4TM ER TBJZ91446265020 Koch ;ms-uvng General Enginwing, Inc. CDIA ERDIAL GENERAL. LIABIUTY GG2D100704 THS ENDORSEMENTCfi.ANC-ES THE RDL4CY. PLEASE READ IT CAREFULLY. ADDI i►DNAL ft-ISURED - DWNERS, LESSEES DR CDITrRACTDRS - SCHEDULED PERSON DR ORCA EAT IDW Tnir>em nt inurarin provided uncial" the following: DDYI dIERCIkL CEWERAL LIABILITY GDVERAGE PART SCHEDULE Marne Of Additional insured Person(s) Or Drganization(s): All persons Dr DrganiZs'QDns with whom yDU have 3 \ Trftcn agrccment Lo include thr-n as addifional ttnsurds, which is signad in advance of the `ersurrence" or offense. ;or wamich the addlt}onel insured leaks overage. k. SeciDn 11 - VOID Is An insured is am-nd4 b inrfuda as an additional insured the per_-an(s) or orvanfza ion(s) shown in the 5c11=dui=_, but Dnly with reypxt to liability tor "bodily injury", "properly damage" or "personal and advertising injury" reusd, in whole Dt in parr, by. 1. Your a> Dr omissions; Dr 2. The aa`s or DmfssiDns of those ac'dng on your behalf, in the performance of your Dnpoing oper5ons for the addiiDnaf insurad(s) Zit the Ioc=Son(s) designated above. g. With respesf to the insurance Afforded to these eddi onal insureds, the folio\ti'ing addiiional exclusions apply. This irsuran dos n.t apply to "bodily injury" or "propr ty darnsbe aw.rrrrng a� per 1. Al wrote including mgals, parts or equipment furnished in conn>:bDn vetd1 such work, on the prof (other than savia=, maint�, nance Dr repair_-.) tv br orn .d by or on behalf of the edd"r5oneJ insured(s) et the. Imaidon Df the t erad opare6ons has bey c>np1 d; or 2. ink portion of `your war' out of the. injury or damage arisshas be`-n pit th it into -pried u>? by any r rs.Dr Dr Dr=n -ton other than anDUIn c`tr or slibbontracthr eraged in performing op.raSons for e prndp_f as a part cf the same proj POLICY NUMBER: TBJZ91446265020 Koch Armstrong General Engineering, Inc. CD UM ERCIAL GENERAL LIABILITY CGZD's7D7C34 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE RE&D ET CAREFULLY. ADDITIONAL INSURED - DWNERS, LES-SEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the lollovAng: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Dr Draan'rzabon(s): fill persons or organizations with whom you have a written agreement tD include them as additional insureds, which is signed in advance of the `Occurrence Dr offense for which the additional insured seeks coverage. Section 1i - Who Is An Insured is amended to include as an additional insured the person(s) or orgen''zation(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 vw Drk" at the IDcation designated and described in the schedule of this endorsement performed for that additional insured and included in the "produc-completed Dpertions herd" Client#: 1263377 303KOCHARM ACORDr, CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDLNYYYY) 10/21 /2010 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 A: SeaBright Insurance Company 15563 INSURER B. INSURER C: INSURER D. INSURER E: COVERAGES THE POLICIES ANY REQUIREMENT, MAY PERTAIN, POLICIES. AGGREGATE OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH HAVE BEEN REDUCED BY PAID CLAIMS. TERM OR CONDITION OF THE INSURANCE AFFORDED LIMITS SHOWN MAY W5R��1444DDDD'L LTR NSREI TYPE OF INSURANCE- POLICY NUMBER POLICY EFFECTIVE DATE (MMIDD/YYYY1 POLICY EXPIRATION DATE IMM/DDIYYYYI LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED PREMISES R NTED cal $ CLAIMS MADE OCCUR MED EXP (My one person) S PERSONAL & ADV INJURY S GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ nPOLICY n FCaT I I LOC 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 accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS / UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ RETENTION $ $ - $ HDEDUCTIBLE $ A WORKERS EMPLOYERS' ANYPROPRIETORIPARTNERIEXECUTIVE QCatERoIry U yes, describe SPECIAL COMPENSATION AND LIABILITY MNEXCLUDED? BB1102297 04/01 /2010 04/0112011 X WC STATU- OTH- TORY LIMITS FR E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 under PROVISIONS below E.L DISEASE - POLICY LIMIT $1,000,000 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT 1 SPECIAL PROVISIONS Certificate is subject to policy limits, conditions and exclusions. RE: National City concrete improvements FY 10-11 Specificateion #10-3. CERTIFICATE HOLDER CANCELLATION 10 Days for Non -Payment City of National City 1243 National City Blvd. National City, CA 91950-4301 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL in 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. AUTHORIZED REPRESENTATIVE ZEES ACORD 25 (2009/01) 1 of 2 #S5797137/M4817580 ® 1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD MGGUE RESOLUTION NO. 2010 — 236 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO KOCH ARMSTRONG GENERAL ENGINEERING, INC., IN THE AMOUNT OF $90,993.60 TO PERFORM THE NATIONAL CITY DRAINAGE IMPROVEMENTS PROJECT, FY 2010-2011 WHEREAS, the Engineering Department, in open session on September 30, 2010, did publicly open, examine, and declare eight sealed bids for the National City Drainage Improvements 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 Drainage Improvements Project for fiscal year 2010-2011 to the lowest responsive, responsible bidder, to wit: KOCH ARMSTRONG GENERAL ENGINEERING, INC. BE IT FURTHER RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute on behalf of the City a contract in the amount of $90,993.60 with Koch Armstrong General Engineering, Inc., for the National City Drainage Improvements Project for fiscal year 2010-2011. Said contract is on file in the office of the City Clerk. PASSED and ADOPTED this 19th day of October on Morrison, Mayor Michael R. Dalla,+City Clerk PPROVED A TO FORM: udia G. City Attorn Passed and adopted by the Council of the City of National City, California, on October 19, 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 it;ijf City Crk of the City of ational City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2010-236 of the City of National City, California, passed and adopted by the Council of said City on October 19, 2010. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT cao\o."15 MEETING DATE: October 19, 2010 AGENDA ITEM NO. 7 ITEM TITLE: Resolution of the City Council of National City awarding a contract to Koch Armstrong General Engineering, Inc. in the amount of $90,993.60 (Base Bid) to perform the City's Drainage Improvements project for the FY 2010-2011 and authorizing the Mayor to execute the contract (Funded by CDBG Funds) PREPARED BY: Din Daneshf1r"` DEPARTMENT: Enering PHONE: 619-336-4387 APPROVED B EXPLANATION: The National City's Drainage Improvements project includes removal and replacement of curbs, cross gutters and pedestrian ramps, installation of new curbs, gutters and alley aprons to alleviate drainage problems at various locations in National City. On September 1, 2010 Engineering approved the final construction documents and advertised the project. On September 30, 2010 eight bids were received and opened for the project. The bid opening information sheet and cost proposal spreadsheet for the three lowest bidders are attached for further review. Staff reviewed the bid documents and found the lowest bidder, Koch Armstrong General Engineering, Inc. to be responsive and qualified to perform the work. Staff recommends that the contract be awarded to Koch Armstrong General Engineering, Inc. in the amount of $90,993.60 (Base Bid) to complete the work. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS Funds are available through Project Account No 301-409-500-598-7602 in the amount of $90,993.60 plus the twenty five percent of the total contract amount at $22,748.40 will be allocated for contingencies per the "GREENBOOK" adopted by the City of National City. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Bid Proposal Information Sheet 2. Cost Proposal Spreadsheet for Three Low Bidders 3. Resolution R� o.v1\or,o. a0\o• •a36 OFFICE OF THE CITY CLERK 1243 National City Blvd. National City, California 91950 Michael R. Della, CMC - City Clerk 619-336-4228 phone • 619-336-4229 fax November 3, 2010 Mr. Monty Koch President Koch -Armstrong General Engineering, Inc. P.O. Box 1190 Lakeside, CA 92040 Dear Mr. Koch, On October 19th, 2010, Resolution No. 2010-236 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. DIIa, CMC City Clerk Enclosure cc: Engineering Dept.