HomeMy WebLinkAbout2011 CON MJC Construction - Parks ADA Access Upgrades & Park Garden ProjectCONTRACT
NATIONAL CITY PARKS ADA ACCESS UPGRADES & PARK GARDEN,
SPECIFICATION NO. 10-05
THIS CONTRACT, made and entered into this 11 °i day of January, 2011 by and between the
City of National City, California, herein after designated as the "City", and MJC Construction,
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:
NATIONAL CITY PARKS ADA ACCESS UPGRADES & PARK GARDEN,
SPECIFICATION NO. 10-05
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 PARKS ADA ACCESS UPGRADES & PARK GARDEN,
SPECIFICATION NO. 10-05
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 entered upon it in accordance with applicable law in any court having
jurisdiction thereof.
7. The Contractor agrees to comply with all Local, State and Federal regulations and with all
applicable standards, orders, or regulations issued pursuant to the 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 PARKS ADA ACCESS UPGRADES & PARK GARDEN,
SPECIFICATION NO. 10-05
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:
CITY:
Title: g cr+ 4W avGL jivart+6'z- C
By: Gok,stw cam-+ Ot
Title:
Federal ID. No. 33 — d 1 g3 1 12
By:
Title: Mayor, City of National City
ATTEST:
By:
Title: City Clerk, City of National City
(Notary's acknowledgement of execution by all PRINCIPALS OF CONTRACTOR must be
attached.)
3t
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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State of California
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Name(s) of Signer(s)
41111101 r<. RAQUEL NERNANDEZ
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Notary Public - California
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❑ proved to me on the basis of satisfactory
evidence
to be the person(* whose names ' is/ace
subscribed to the within instrument and
acknowledged to me that he/*l6/ti)ey executed
the same in his/Ae#/tbeir authorized
capacity(ia0, and that by his/P#c?ftSeir
signature($on the instrument the person(O; or
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WITNES and an
ONAL
Though the information below is not required by law, it may prove
seal.
.rYltlty
Diary Pudic
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: (2 /ti7r— it e %
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Sig
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Signer's Name: rt�/7V/4 4 �
❑ Individual
N.Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney -in -Fact
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1 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotary.org
Prod. No. 5907 Reorder. Call Toll -Free 1-800-876-6827
CONTRACT (CONTINUED)
NATIONAL CITY PARKS ADA ACCESS UPGRADES & PARK GARDEN,
SPECIFICATION NO. 10-05
CORPORATE CERTIFICATE
I, 'USQmefe-z_ certify that I am the Secretary of the Corporation
named as Contractor in the foregoing Contract; that
Gil Vle U/i'I)P.I7e Z ' , who signed said contract on behalf of the
Contractor, was then Pres/deo& 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.
certify that I am the Secretary of the Corporation
named as Contractor in the foregoing Contract; that
, who signed said contract on behalf of the
Contractor, was then of
said Corporation; that said contract was duly signed for and in behalf of said Corporation by
authority of its governing body and is within the scope of its corporate powers.
Corporate Seal:.—.1 ///.j 6-"Lit..
COL, t4'0.3-1C44ottat
32
CONTRACT (CONTINUED)
NATIONAL CITY PARKS ADA ACCESS UPGRADES & PARK GARDEN,
SPECIFICATION NO. 10-05
PARTNERSHIP CERTIFICATE
STATE OF )
ss
COUNTY OF )
On this day of , 2011, 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:
33
PERFORMANCE BOND
NATIONAL CITY PARKS ADA ACCESS UPGRADES & PARK GARDEN,
SPECIFICATION NO. 10-05 Premium: $6,050*
Bond No. BSC 001-04
KNOW ALL MEN BY THESE PRESENTS: That
WHEREAS, the City Council of the City of National City, by Resolution No. 2011-09,
passed the 11th day of January, 2011 has awarded to MJC Construction, hereinafter
designated as the "Principal", the NATIONAL CITY PARKS ADA ACCESS UPGRADES &
PARK GARDEN, SPECIFICATION NO. 10-05.
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 Western 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 Two Hundred Forty-two Thousand Seven Dollars and Fifty
Cents ($242,007.50) lawful money of the United States, for the payment of which sum well and
truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly
and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the above bounden Principal,
his/her or its heirs, executors, administrators, successors or assigns, shall in all things stand to
and abide by, and well and truly keep and perform the covenants, conditions and agreements in
the said contract any alteration thereof made as therein provides, on his or their part, to be kept
and performed at the time and in the amount therein specified, and in all respects according to
their true intent and meaning, and shall indemnify and save harmless the City of National City,
the City Council, their officers, agents, and employees, as therein stipulated, then this obligation
shall become null and void; otherwise it shall be and remain in full force and virtue.
And the said Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the contract or to the work to be
performed thereunder or the specifications accompanying the same shall in any wise affect its
obligations on this bond, and it does hereby waive notice of any such change, extension of time,
alteration or additions to the terms of the contract or to the work or to the specifications.
34
PERFORMANCE BOND (CONTINUED)
NATIONAL CITY PARKS ADA ACCESS UPGRADES & PARK GARDEN,
SPECIFICATION NO. 10-05
In the event suit is brought upon this bond by the City of National City and judgement is
recovered, the surety shall pay all costs incurred by the Council in such suit, including a
reasonable attorney's fee to be fixed by the Court.
IN WITNESS WHEREOF three identical counterparts of this instrument, each of which shall for
all purposes be deemed an original thereof, have been duly executed by the
Principal and Surety above named, on the 24th day of January 2011.
=1Stauz z,ic Abe
MJC Construction (SEAL)
Western Insurance Company
Bart Stewart, Attorney -in -Fact
Surety
APPRFO
By:
audia G.
City Attome
(SEAL)
(SEAL) (SEAL)
(SEAL) (SEAL)
Principal
35
PERFORMANCE BOND (CONTINUED)
NATIONAL CITY PARKS ADA ACCESS UPGRADES & PARK GARDEN,
SPECIFICATION NO. 10-05
ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY
STATE OF )
COUNTY OF
) SS *** SEE ATTACHED CERTIFICATE**"
On this 2011, 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_
L
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:
36
WESTERN INSURANCE COMPANY
POWER OF ATTORNEY
336088
KNOW ALL MEN BY THESE PRESENTS: That WESTERN INSURANCE COMPANY a corporation organized and
existing under the laws of the State of Nevada and having its principal office at the City of Reno, in the State of Nevada, does hereby
constitute and appoint
Bart Stewart, Chris Lydick
Of the STATE OF NEVADA its true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above,
to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written
instruments in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons; guaranteeing the
performance of contracts; and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings
allowed by law.
In Witness Whereof, the said WESTERN INSURANCE COMPANY has caused this instrument to be sealed with its
corporate seal, duly attested by the signatures of its President and Secretary, this 2nd day of March, 2010.
WESTERN INSURANCE COMPANY
(Signed) Byd 446:fi
STATE OF NEVADA)
SS:
COUNTY OF WASHOE)
On this 2nd day of March, 2010, before me personally came DI
INSURANCE COMPANY and ALICE A. MOLASKY ARMAN, SE
personally acquainted, who being by me severally duly sworn, sa
MOLASKY ARMAN were respectively the PRESIDENT and Ili
the corporation described in which executed the fore 6wer of Atto
the seal affixed to said Power of Attorney was r orate seal,
corporation, and that they signed their neat ' to by like
My Commission expires the day in Apri
President
Secretary
i, f 4AN, PRESIDENT of the WESTERN
of said Company, with both of whom 1 am
hey, the said ( ROTTMAN and ALICE A.
RETARD' aid WESTERN INSURANCE COMPANY,
t ey each seal of said corporation; that
affixed -,;vZ - i f the Board of Directors of said
SIDENT t TARY, respectively, of the Company.
PATRICIA A.LdNeva ETSON
kb rl- - .I _
Notary Wbllc-Stxe dNevada n By�- r t, -4-str �-. NotaryPublic
•,,,, aa,a�� � e�.,xs.S% I4
This Power of Attomey is grante anu by authority of the following Resolutions adopted by the Board of Directors
of the WESTERN INSURANCE COMPA on March 2, 2010.
RESOLVED, that in connection with the fidelity and surety insurance business of the Company, all bonds, undertakings,
contracts and other instruments relating to said business may be signed, executed, and acknowledged by person or entities appointed
as Attomey(s)-in-Fact pursuant to a Power or Attorney issued in accordance with these resolutions. Said Power(s) of Attorney for and
on behalf of the Company may and shalt be executed in the name and on behalf of the Company, either by the Chairman, or the
President, or a Vice President, jointly with the Secretary, under their respective designations. The signature of such officers may be
engraved, printed or lithographed. The signature of each of the foregoing officers and the seal of the Company may be affixed by
facsimile to any Power of Attorney or to any certificate relating thereto appointing Attomey(s)-in-Fact for purposes only of executing
and attesting bonds and undertakings and other writings obligatory in the nature thereof, and , unless subsequently revoked and subject
to any limitations set forth therein, any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be
valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal
shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached.
RESOLVED, that Attomey(s)-in-Fact shall have the power and authority, unless subsequently revoked and, in any case,
subject to the terms and limitations of the Power of Attorney issued to them, to execute and deliver on behalf of the Company and to
attach the seal of the Company to any and all bonds and undertakings, and other writings obligatory in the nature thereof, and any such
instrument executed by such Attomey(s)-in-Fact shall be as binding upon the Company as if signed by an Executive Officer and
sealed and attested to by the Secretary of the Company,
1 ALICE A. MOLASKY ARMAN, Secretary of the WESTERN INSURANCE COMPANY, do hereby certify that the
foregoing is a true excerpt from the Resolution of the said Company as adopted by its Board of Directors on March 2, 2010 and that
this resolution is in full force effect.
I, the undersigned Secretary of the WESTERN INSURANCE COMPANY do hereby certify that the foregoing Power of
Attomey is in full force and effect and has not been revoked.
�TestimonI�Whereof,1 have hereunto set nay hand and the seal of the WESTERN INSURANCE COMPANY on this
j"[''dey of JcmuGR LAJib 11
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of San Diego
On ....A �llbefore me.
L,.ale
personally appeared Bart Stewart
Stephanie Bondurant, Notary Public
T
s,or,er -
STEPHANIE BONDURANT L
Commission # 1884868
Notary Public - California a
z ' San Diego County
My Cornm. Expires Apr 2, 2014
who proved to me on the basis of satisfactory evidence to
be the persorr, whose name 4j is,4subscribed to the
within instrument and acknowledged to me that
heis;,c,`,ey executed the sa-ne in h'.s/-er+Eneii-authorized
capacity f+ - and that by his,'hcr.'thci; signature( on the
instrument the persons}, or the entity upon behaN of
which the persorr(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 _ficial seal
Signature
OPTIONAL
Th}.gh the irlfCrfrsi,00 uelclr s "t0i re4u'edGy lair/. d rray. c •E valuab e 1G Nersi e'y;,ra on toe L::_.a"r,'t
ana Gorda Prev'inr r:LLji; t 'remover ano rea:rcernie'f 7! r+c ror-n '0 anapfer ,9Carm00rt
Description of Attached Document
Ttie or Type of Document. _____
Decrynent Date
S.gner(s) Other Than Named Above
Capacity(ies) Claimed by Signer(s)
Signer's Name. Bart Stewart
Individual
Corporate Other — Tltle(�h
Partner Limited General
X Attorney rn Fact
Trustee
Guardian or conservator
Otter
Signer 15 Representing _
RIGHTTHUMRPRINT
OF SIGNER
NumbEr of P.ges
Sgner"s Name.
Corporate Office. Titers;
Partner — L;m,4ec General
Artern=4
S'ee
Guardian or i'7i..sPrr2'c"
C''`r:er
PAYMENT BOND
'NATIONAL CITY PARKS ADA ACCESS UPGRADES & PARK GARDEN,
SPECIFICATION NO. 10-05 **Premium Included In Performance Bond
KNOW ALL MEN BY THESE PRESENTS: That
Bond No. BSC 001-04
WHEREAS. the City Council of the City of National City, by Resolution No. 2011-09 passed the
11' day of Januarv.1,411 has awarded to MJC Construction , hereinafter designated as the
"Principal', the NATIONAL CITY PARKS ADA ACCESS UPGRADES & PARK GARDEN
SPECIFICATION NO. 10-05.
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
Western 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
Two Hundred Fortv-Two Thousand Seven Dollars and Fiftv Cents (S242.007.501 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, hislher 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 Tabor 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 attorneys 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 su;t
brought upon this bond.
37
PAYMENT BOND (CONTINUED)
NATIONAL CITY PARKS ADA ACCESS UPGRADES & PARK GARDEN,
SPECIFICATION NO. 10-05
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 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 Catifomia Civil Code. and has not been paid the `ull
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 24th day of January . 201 1.
3/Atc'P�a-NC db
(SEAL) MJC Construction (SEAL)
(SEAL) C\ Gauze" ` (SEAL)
(SEAL) (SEAL)
Western Insurance Company
Bart Stewart, Attorney -in -Fact
Surety
APPR
By:
Clau
City Attorney
FORM:
38
Principal
PAYMENT BOND (CONTINUED)
NATIONAL CITY PARKS ADA ACCESS UPGRADES & PARK GARDEN,
SPECIFICATION NO. 10-05
ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY
STATE OF
ss
COUNTY OF
On this day
and for
of
said County
name is subscribed
*** SEE ATTACHED CERTIFICATE***
2011, before me, the undersigned, a Notary Public in
and State, personally appeared
known to me to be the person whose
to the within instrument as the attomey-In-fact of the
the corporation named as Surety in
said instrument, and acknowledged to
thereto as Surety, and his own name as
me that he subscribed the name of said corporation
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:
39
the seal affixed to said Power of Attorney was
corporation, and that they signed their n
My Commission expires the
PATRICIA A. LETSON
Notary PuSlc- StMe d Nevada
Aprynerml P¢adeA n.hur(mly
xp f611141.. wes101,ID11
WESTERN INSURANCE COMPANY
POWER OF ATTORNEY
336091
KNOW ALL MEN BY THESE PRESENTS: That WESTERN INSURANCE COMPANY a corporation organized and
existing under the laws of the State of Nevada and having its principal office at the City of Reno, in the State of Nevada, does hereby
constitute and appoint
Bart Stewart, Chris Lydick
Of the STATE OF NEVADA its true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above,
to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written
instruments in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons; guaranteeing the
performance of contracts; and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings
allowed by law.
In Witness Whereof, the said WESTERN INSURANCE COMPANY has caused this instrument to be sealed with its
corporate seal, duly attested by the signatures of its President and Secretary, this 2nd day of March, 2010.
WESTERN INSURANCE COMPANY
(Signed) Byid00'
STATE OF NEVADA)
SS:
COUNTY OF WASHOE)
President
Secretary
On this 2nd day of March, 2010, before me personally came DIC MAN, PRESIDENT of the WESTERN
INSURANCE COMPANY and ALICE A. MOLASKY ARMAN, SE of said Cpg pany, with both of whom I am
personally acquainted, who being by me severally duly sworn, sa. ey, the said ! 1 . ROTTMAN and ALICE A.
MOLASKY ARMAN were respectively the PRESIDENT and) CRETAR al t. aid WESTERN INSURANCE COMPANY,
the corporation described in which executed the fore yid'wer of Atto yt ey each�e seal of said corporation; that
orate seal, i s so affixed f the Board of Directors of said
o by like • RESIDENT RETARY, respectively, of the Company.
ay in Ap
•- . ‘2j +..-r-, Notary Public
This Power of Attorney is grante by authority of the following Resolutions adopted by the Board of Directors
of the WESTERN INSURANCE COMPA on March 2, 2010.
RESOLVED, that in connection with the fidelity and surety insurance business of the Company, all bonds, undertakings,
contracts and other instruments relating to said business may be signed, executed, and acknowledged by person or entities appointed
as Attomey(s)-in-Fact pursuant to a Power or Attorney issued in accordance with these resolutions. Said Power(s) of Attorney for and
on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman, or the
President, or a Vice President, jointly with the Secretary, under their respective designations. The signature of such officers may be
engraved, printed or lithographed. The signature of each of the foregoing officers and the seal of the Company may be affixed by
facsimile to any Power of Attorney or to any certificate relating thereto appointing Attorney(s)-in-Fact for purposes only of executing
and attesting bonds and undertakings and other writings obligatory in the nature thereof, and , unless subsequently revoked and subject
to any limitations set forth therein, any such Power of Attomey or certificate bearing such facsimile signature or facsimile seal shall be
valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal
shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached.
RESOLVED, that Attomey(s)-in-Fact shall have the power and authority, unless subsequently revoked and, in any case,
subject to the terms and limitations of the Power of Attomey issued to thud, to execute and deliver on behalf of the Company and to
attach the seal of the Company to any and all bonds and undertakings, and other writings obligatory in the nature thereof, and any such
instrument executed by such Attorney(s)-in-Fact shall be as binding upon the Company as if signed by an Executive Officer and
sealed and attested to by the Secretary of the Company.
I ALICE A. MOLASKY ARMAN, Secretary of the WESTERN INSURANCE COMPANY, do hereby certify that the
foregoing is a true excerpt from the Resolution of the said Company as adopted by its Board of Directors on March 2, 2010 and that
this resolution is in full force effect.
1, the undersigned Secretary of the WESTERN INSURANCE COMPANY do hereby certify that the foregoing Power of
Attorney is in full force and effect and has not been revoked.
Testimon Whereof have hereunto set hand and the seal of the WESTERN INSURANCE COMPANY on this
ayof O,nUt�clkjk,
arKsdasg')tertace Sad
Secretary
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
t'dX<�h�lC^z`-'G�'h['t\y<. >�f:C:[.Lr�..�^i'_.'.l� q;�r'e.'.�',: ;. `.-n,1 .. c.:�:;,�ry_�C.-."�. �.1^:-•Y:y �'
State of California
County of San Diego
On I " before me.
personally appeared Bart Stewart
Stephanie Bondurant, Notary Public
n rl. ur' Na^e arcf title d -!e OYir. �.
z
STEPHANIE EONDURANT
Commission # 1884868
Notary Public - California
San Diego County
My Comm. Expires Apr 2, 2014
who proved to me on the basis of satisfactory evidence to
be the persorifti whose rtame(aj is,=ere subscr bed to the
within instrument and acknowledged to me that
heistre74'rrrr executed the same in authorized
capacity and that by his,'tftcrr!hti� signature(sT on the
instrument the persotwa}, or the entity upon behalf of
lvhlcri 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.
SlQnature
OPTIONAL
rn. qt the ;rife-rrat'Gr bete.,. 15 rlc i req i ei by' ia,U '[ r v 4-(?r.: ,,.. U80rE Ic persons re4,rrg on the Gi;C✓mac,,r
and cckdd Dr -even! errov ,;:no i `'R -j f..t rr'.g ri)' 00 Jrne7t
Description of Attached Document
T.tle or Type et Doeurneni:
Document Da°e.
S:yner(sl Other Than Named Above
Capacity(ies) Claimed by Signer(s)
Signer's Name Bart Stewart
Individual
Corporate Ofh^er -- Titletst.
Partner — __ Lirnited General
X Attorney ns Fact
Trustee
Guardian or Conservato`
Dthet
Signer Is. Rearesent no
RIGHTTHU6t8PRINT
OF SIGNER
Numter et Pgas.
�;cners tame-
irl�ni�✓3i
Corporate (i ;c r — T Metsl
Partner — L„,lien General
Attorney it tract
Tr us'ee
uerd or Co-serva,cr
O'ner
Slane, Renresen ^c
OF SIGNER
EMERGENCY NOTIFICATION LIST
NATIONAL CITY PARKS ADA ACCESS UPGRADES & PARK GARDEN,
SPECIFICATION NO. 10-05
DATE: 1- 1 C1- / f
In reference to Section 7-6 of the Standard Specifications my/our representatives at the
construction site for the above subject project will be:
Name
J V I cr rn e-nez.
Emergency Telephone Number(s)
(G19) 066-241aq
Name Emergency Telephone Number(s)
I am aware that one of the named representative(s) shall be present at the work site whenever
work is in progress. Further, each of these responsible persons can be contacted in an
emergency situation and have complete authority to act on the Contractor's behalf.
C.n
Signature of Contractor
TOW1u j"ivHer►ez Presider!t
Name and Title
Signature
u� �Gtor
enei- c-retry
Name and Title
Note: Two signatures are required if a corporation.
---5 M Ez VNJ G c1 IA
G Go1,4 r2,✓c44a,J
42
RESOLUTION 2011 — 09
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AWARDING A CONTRACT TO MJC CONSTRUCTION COMPANY
IN THE NOT -TO -EXCEED AMOUNT OF $242,007.50 FOR
CONSTRUCTION IMPROVEMENTS FOR THE NATIONAL CITY
PARKS ADA ACCESS UPGRADES AND PARK GARDEN PROJECT
WHEREAS, the Engineering Department, in open session on November 22,
2010, did publicly open, examine, and declare eight sealed bids for construction improvements
for the National City Parks ADA Access Upgrades and Park Garden Project.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby awards the contract for construction improvements for the National City
Parks ADA Access Upgrades and Park Garden Project to the lowest responsive, responsible
bidder, to wit:
MJC CONSTRUCTION COMPANY
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 not -to -exceed
amount of $242,007.50 with MJC Construction Company for the National City Parks ADA Access
Upgrades and Park Garden Project Said contract is on file in the office of the City Clerk.
BE IT FURTHER RESOLVED that the City Council authorizes the additional
appropriation of 10% of the contract amount not -to -exceed $24,200.75 be allocated for
contingencies.
PASSED and ADOPTED this 11th day of January, 2011.
Ron Morrison, Mayor
ATTEST:
h elR.Dala Cif
Mich , ty Clerk
PROVED AS TO F e ' M:
1;161
♦2+dia G. SiIv.
City Attorney
Passed and adopted by the Council of the City of National City, California, on January
11, 2011 by the following vote, to -wit:
Ayes: Councilmembers Morrison, Natividad, Rios, Sotelo-Solis, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Mayor of the City of National City, California
City Clerk of the City of National City, California
By:
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2011-9 of the City of National City, California, passed and adopted
by the Council of said City on January 11, 2011.
City Clerk of the City of National City, California
By:
Deputy
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
ca0\1-1
FETING DATE: January 11, 2011
AGENDA ITEM NO. 12
ITEM TITLE:
Resolution of the City Council of National City awarding a contract to MJC Construction, in the amount not -to -
exceed $242,007.50 for construction improvements for the National City Parks ADA Access Upgrades & Park
Garden, Specification No. 10-05 and authorizing the Mayor to execute the contract. (Funded by CDBG Funds)
mar
PREPARED BY: Barby Tipton/Kenneth Fernandez DEPARTMENT: Develop AL
PHONE: 336-4583/4388 APPROVED = Ewa'
EXPLANATION:
See attached
ngineering
FINANCIAL STATEMENT: APPROVED:Finance
ACCOUNT NO. APPROVED: MIS
Funds are available in expenditure account numbers 301-409-500-598-6174 in the amount of $192,057.50
and 301-409-500-598-4130 in the amount of $49,950.
ENVIRONMENTAL REVIEW:
Exempt
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
STAFF RECOMMENDATION:
Adopt the Resolution.
BOARD / COMMISSION RECOMMENDATION:
N/A
TACHMENTS:
1. Explanation
2. Bid Opening Information Sheet
3. Bid Proposal Spreadsheet for the 3 lowest bidders
4. Resolution
8�so�\Y\ \-“) rd0\1•9
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
MJC CONSTRUCTION
Resolution No. 2011-9
Construction Improvements for
National City Parks ADA Access
Upgrades and Park Garden Project
Lynn Cole (Engineering) Forwarded
Copy of Agreement to Contractor