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HomeMy WebLinkAbout2012 CON Koch Armstrong - Street Resurfacing Project FY 12-13CONTRACT THIS CONTRACT, made and entered into this 16th day of October, 2012 by and between the City of National City, California, herein after designated as the "City",and Koch -Armstrong General Engineering. Inc. ,hereinafter designated as the "Contractor". WITNESSETH: that the parties hereto do mutually agree as follows: 1. For and in consideration of the payments and agreements hereinafter, mentioned to be made and performed by the City, the Contractor agrees with the City to furnish all materials and labor for: NATIONAL CITY STREET RESURFACING AND CONCRETE IMPROVEMENTS, Specification No.12-06 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. 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. 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. CONTRACT Q : ZQ, ZOf /6/2,?(/ 2- Date Signa of Pr' e Contractor Date Signature of Prime Contractor Monty Koch, President Christopher Armstrong, Vice President Print name and title Print name and title (If the Prime Contractor is a corporation two signatures of corporate officers are required.) CITY: ATTEST: Federal ID. No. 33-0791759 By: By: Mayor, City of National City N City Clerk, Ci y of 'ational City (Notary acknowledgement of execution by all PRINCIPAL TOR must be attached.) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of <C.DlJ � On O(.T before me, Dat2 ,� /�Lf 'f Here Insert ame and Title of th Officer IY personally appeared 0l� KO&' Cu AY40 Name(s) of Signer(s) } SAIIDT IA Commission #rB43z Notary Public - California i San Diego County tr1 Comm. Ex Ives A r 4, 2013 Place Notary Seal Above 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 #risfher/their authorized capacity(ies), and that by i4sltre-r/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 S Sct- --F 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: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General U Attorney in Fact Trustee 11 Guardian or Conservator 11 Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Number of Pages: Signer's Name: Li Individual ❑ Corporate Officer—Title(s): ❑ Partner — ❑ Limited _i General ❑ Attorney in Fact Li Trustee D Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER lop of thumb here NationelNotary.org Item 45907 Reorder: Call Toll -Free 1-800-876-6827 ©2007 National Notary Association • 9350 De Soto Ave., PO. Box 2402 - Chatsworth, CA 91313-2402 • CONTRACT (CONTINUED) CORPORATE CERTIFICATE 1, Qiristopher 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. P Christopher Armstrong certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that Christopher Armstrong , who signed said contract on behalf of the Contractor, was then Vice 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: Executed in Triplicate Bond No. 2115d584 remium includedin Performance Bond NATIONAL CITY STREET RESURFACING AND CONCRETE IMPROVEMENTS Specification No.12-06 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City Council of the City of National City, by Resolution No. 2012-205 passed the 16th day of October , 2012 has awarded Koch -Armstrong General Engineering, Inc. hereinafter designated as the "Principe!", theNATIONAL CITY STREET RESURFACING AND CONCRETE IMPROVEMENTS, Specification No. 12-06. WHEREAS, said Prindpal 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 Great American 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 Six Hundred Fifty Seven Thousand Six Hundred Severity Nine and 2411001hs Dollars ($657 679.24) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his/her or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay any of the persons named in Section 3181 of the California Civil Code, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, •or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the Contractor and his subcontractors pursuant to Section 18806 of the Revenue and Taxation Code, with respect to such work and labor the Surety will pay for the same in an amount not exceeding the sum hereinafter specified, and also, In case sult 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. 32 PAYMENT BOND (continued) It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement hereinabove described or pertaining or relating to the furnishing of labor, materials, or equipment therefore, not by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement hereinabove described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner of Public Entity and original contractor or on the part of any obliges named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 3110 or 3112 of the California Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned. IN WITNESS WHEREOF three all purposes be deemed an Surety above named, on the Great American Insurance Company __A9) Tara Bacon, Attorney -in -Fact Surety identical counterparts of this instrument, each of which shall for original thereof, have been duly executed by the Principal and 24th day of October , 2012. (SEAL) Koch -Armstrong General Engineering, Inc. (SEAL) ,7- -- (SEAL) (SEAL) (SEAL) ('Avivi5ivocj,Vic fir g (SEAL) Principal PAYMENT BOND (continued) ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF ) ss COUNTY OF ) On this day of , 2012, 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: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of SAN DIEM on pet. Zvi '2- Dal before me, } SARA SEHMTDT, NOTARY PUBLIC personally appeared CHRISTOPHER ARMSR(W Here Insert Name and Title of the Officer Name(s) of Signer(s) SARA SCHM DT Commission # 1843161 a r ?fl Notary Public - California zz z San Diego County M Comm. Ex Tres 4, 2013 Place Notary Seal Above Signatur OPTIONAL who proved to me on the basis of satisfactory evidence to be the personQS) whose name(x) is subscribed to the within instrument and acknowledged to me that he/tBettgy executed the same in his/imffigd authorized capacity(] ), and that by hisitirftik signature( on the instrument the person(, or the entity upon behalf of which the personacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Sd.t- Signature of Notary Public 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: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — E Limited ❑ General ❑ Attorney in Fact ❑ Trustee lJ Guardian or Conservator -1 Other: Signer Is Representing: OF SIGNER lop of thumb time Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — Cl Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator J Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER op of thumb here O2007 National Notary Association• 9350 De Soto Ave.., PO. Box 2402• Chatsworth, CA 91313-2402. www.NationalNotaryorg Item 45907 Reorder: Call Toll -Free 1-800-876-6827 ACKNOWLEDGMENT State of California County of San Diego On October 24, 2012 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 Commission # 1986082 Notary Public - California San Diego County My Comm. Expires Au o 22.2016 (Seal) GREAT AMERICAN INSURANCE COMPANY® Administrative Office: 301 E 4TH STREET • CINCINNATI, OHIO 45202 • 513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than FOUR No. 0 14346 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below, each individually if more than one is named, its true and lawful attorney -in -fact, for it and in its name, place and stead to execute on behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power DALE G. HARSHAW TARA BACON ALL OF ALL GEOFFREY SHELTON KYLE KING SAN DIEGO, 875,000,000.00 CALIFORNIA This Power of Attorney revokes all previous powers issued on behalf of the attorney(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 2ND day of APRIL 2012 Attest GREAT AMERICAN INSURANCE COMPANY Assistant Secretary Divisional Senior Lice President STATE OF OHIO, COUNTY OF HAMILTON - ss: DAVID C. KITCHIN (877-377-2405) On this 2ND day of APRIL , 2012 , before me personally appeared DAVID C. KITCHIN, to me known, being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is a Divisional Senior Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. KAREN 1. GROSHEIM NOTARY PUBLIC STATE OF OHIO MY COMMISSION EXPIRES 02-20-16 This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated June 9, 2008. RESOLVED. That the Divisional President, the several Divisional Senior Vice Presidents, Divisional Vice Presidents and Divisonal Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys -in -Fact to execute on behalf of the Company as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond undertaking, contract of suretyship, or other written obligation in the nature thereof such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed CERTIFICATION I, STEPHEN C. BERAHA, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of June 9, 2008 have not been revoked and are now in full force and effect. Signed and sealed this 24th day of October 2012 • Assistant Secretary 81029AC (4/11) . Executed in Triplicate Bond No. 2115584 Premium:$4,746.00 NATIONAL CITY STREET RESURFACING AND CONCRETE IMPROVEMENTS Specification No. 12-06 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City Council of the City of National City, by Resolution No. 2012-205 passed the 16th day of October, 2012 has awarded to Koch -Armstrong General Engineering, Inc. hereinafter designated as the "Principal", the NATIONAL CITY STREET RESURFACING AND CONCRETE IMPROVEMENTS, Specification No.12-06 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 Great American 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 Six Hundred Fifty SevenThousand, Six Hundred Seventy Nine Hundred and 24/100 $657,679.24) 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. 29 PERFORMANCE BOND (continued) 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. In the event suit is brought upon this bond by the City of National City and judgment is recovered, the surety shall pay all costs incurred by the Council in such suit, including a reasonable attorney's fee to be fixed by the Court. IN WITNESS WHEREOF three identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the 24th day of October , 2012. Great American Insurance Company (SEAL) Koch -Armstrong General Engineering, Inc. (SEAL) Tara Bacon, Attorney -in -Fact (SEAL) Surety Principal (SEAL) (SEAL) SEAL) PERFORMANCE BOND (continued) ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF COUNTY OF } ss On this day of , 2012, 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: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of SAN Dial) On Ca, 2 gaa-OI 7- before me, te } SARA SC HECT, NOTARY PUBLIC personally appeared C RISTOPHER ARNSTRONG Here Insert Name and Title of the Officer Name(s) of Signer(s) SARA SCHMIDT Commission 0 1843161 Notary Public - California San Diego County - II_ _ Mr Comm. ExxjtWes Ar 4, 20131 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 he/,ate/tom executed the same in his/htEdbgt authorized capacity(jgp), and that by his/Imbg signatureO on the instrument the person, or the entity upon behalf of which the person() a ted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature OPTIONAL Signature of Notary Public 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: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual [. ❑ Partner — ❑ Limited ❑ General J Attorney in Fact ❑ Trustee Guardian or Conservator ❑ Other: Signer Is Representing: Corporate Officer — Title(s): Top of thumb here Number of Pages: Signer's Name: L Individual E Corporate Officer — Titie(s): C Partner — ❑ Limited 0 General ❑ Attorney in Fact L Trustee C Guardian or Conservator L Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb bore ©2007 National Notary Association• 9350 De Soto Ave., P.O. Box 2402 •Chatsworth, CA 91313-2402• www.NationalNotary.org Item 45907 Reorder:Call Toll -Free 1-800-876-6827 ACKNOWLEDGMENT State of California County of San Diego On October 24, 2012 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 MARIA HALLMARK Commission # 1986082 Notary Public - California San Diego County __ -° ` MY Comm. Exeires Aup 22. 2018 (Seal) GREAT AMERICAN INSURANCE COMPANY® Administrative Office: 301 E 4TH STREET • CINCINNATI, OHIO 45202 • 513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than FOUR No. 0 14346 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below, each individually if more than one is named, its true and lawful attorney -in -fact, for it and in its name, place and stead to execute on behalf of the said Company, as surety, any and all bonds. undertakings and contracts of suretyship, or other written obligations in the nature thereof provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below Name Address Limit of Power DALE G. HARSHAW TARA BACON ALL OF ALL GEOFFREY SHELTON KYLE KING SAN DIEGO, $75,000,000.00 CALIFORNIA This Power of Attorney revokes all previous powers issued on behalf of the attorney(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 2ND day of APRIL 2012 Attest GREAT AMERICAN INSURANCE COMPANY Assistant Secretary Divisional Senior tee President STATE OF OHIO, COUNTY OF HAMILTON - ss: DAVID C. KITCHIN (877-377-2405) On this 2ND day of APRIL , 2012 , before me personally appeared DAVID C. KITCHIN, to me known, being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is a Divisional Senior Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. KAREN L. GROSHEIM NOTARY PUBLIC, STATE OF OHIO MY COMMISSION EXPIRES 02-20-16 This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated June 9, 2008. RESOLVED: That the Divisional President the several Divisional Senior Vice Presidents, Divisional Vice Presidents and Divisonal Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys -in -Fact to execute on behalf of the Company, as surely, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract of suretyship, or other written obligation in the nature thereof such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I, STEPHEN C. BERAHA, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of June 9, 2008 have not been revoked and are now in full force and effect. Signed and sealed this 24th day of October 2012 Assistant Secretary S1029AC (4/11) Client#: 1263377 303KOCHARM ACORD, CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 10/24/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. 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). PRODUCER BB&T-John Burnham Ins Services 750 B Street Suite 2400 San Diego, CA 92101 619 231-1010 INSURED Koch Armstrong General Engineering Inc P. O. Box 1190 Lakeside, CA 92040 NAMEACT Carla Lintner (NC,NNo, Ext): 619 231-1010 E-MAIL ADDRESS: FAX No): 619-236-9134 INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Insurance Company of the State INSURER B: National Union Fire Ins Co of P 19429 19445 INSURER c : Granite State Insurance Company INSURER D : 23809 INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: • - THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSUREDNAMED 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, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDLSUBR INSR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYI) POLICY EXP (MM/DDIYYYY) LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY 9612894 07/01/2012 04/01/2013 EACH OCCURRENCE $1,000,000 PREMISES (Ea RENTED $106,000 7 CLAIMS -MADE 1 X OCCUR MED EXP (Any one person) $5,000 X BI/PD PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES POLICY 1 )e PE PER: LOC PRODUCTS - COMP/OP AGG $2,000,000 $ C AUTOMOBILE X X LIABILITY ANY AUTO ALL OWNED X SCHEDULED 5101502 07/01/2012 04/01/2013 CO COMBIaccidNEDent) SINGLE LIMIT $1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident) $ $ UMBRELLA LIAB EXCESS LIAB O OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENT ON$ $ B WORKERS COMPENSATION EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE - OFFICER/MEMBER EXCLUDED? r (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below WCO20635426 04/01/2012 04/01/2013 X WC Y LIMIT I4RY LIMITS OTH- ERAND E.L. EACH ACCIDENT $1 000000 , , E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) Certificate is subject to policy limits, conditions and exclusions. RE: National City Street Resurfacing and Concrete Improvements, Spec. No. 12-06. City of National City, its officers, employees, and agents are additional insured per the captioned operations of the named insured (GL/AL). CERTIFICATE HOLDER CANCELLATION City of National City 1243 National City Boulevard National City, CA 91950 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2010/05) 1 of 1 #S9410369/M8983710 101988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CHZA KOCH—ARMSTRONG GENERAL ENGINEERING, INC. POLICY NUMBER: 9612894 COMMERCIAL GENERAL LIABILITY CG20IQ0704 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(sl Or OrRanization(s): WHERE REQUIRED BY WRITTEN CONTRACT Locations) Of Covered Operations Information required to complete this Schedule, if not shown above, will be shown in the. Declarations. A. Section I! - Who Is An Insured is amended to include as an additional inaureit the pert;onts) or organizations) shown in the Schedule, but only with respect to liability for "bodily injury', "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the locations) designated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment furnishedin connection with such work, on the project {other than service, maintenance or repairs) to be performed by or on behalf of the additional insureds) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organ- ization other than another contractor or sub- contractor engaged in performing oper- ations for a principal as a part of the same project. CG 20 10 07 04 © ISO Properties, Inc.2004 Page 1 of 1 p ENDORSEMENT This endorsement, effective 12:01 A.M. 7/1/12 forms a part of policy No. 5101502 issued to KOCH—ARMSTRONG GENERAL ENGINEERING, INC. by GRANITE STATE INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - WHERE REQUIRED UNDER CONTRACT OR AGREEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SCHEDULE ADDITIONAL INSURED: AS REQUIRED BY WRITTEN CONTRACT I. SECTION II - LIABILITY COVERAGE, A. Coverage, 1. - Who Is Insured, is amended to add: d. Any person or organization, shown in the schedule above, to whom you become obligated to include as an additional insured under this policy, as a result of any contract or agreement you enter into which requires you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability arising out of use of a covered "auto". However, the insurance provided will not exceed the lesser of: (1) The coverage and/or limits of this policy, or (2) The coverage and/or limits required by said contract or agreement. 4tiulA1/4 orized Representative or Countersignature (in States Where Appiicablrt 87950 (10/05) Page 1 of 1 KOCH-ARMSTRONG GENERAL ENGINEERING, INC. POLICY NUMBER; 9612894 COMMERCIAL GENERAL LIABILITY CG20370704 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Or'Eanization(s1: Location And Description Of Completed Operations WHERE REQUIRED BY WRITTEN CONTRACT Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section 11 - Who Is An Insured is amended to include as an additional insured the person(s) or organizations) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard." CG 20 37 07 04 © ISO Properties, Inc„2004 Page 1 of 1 ❑ RESOLUTION NO. 2012 — 205 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO KOCH-ARMSTRONG GENERAL ENGINEERING, INC., IN THE NOT TO EXCEED AMOUNT OF $657,679.24 FOR THE NATIONAL CITY STREET RESURFACING AND CONCRETE IMPROVEMENT PROJECT, AUTHORIZING A 10% CONTINGENCY IN THE AMOUNT OF $65,768 FOR ANY UNFORESEEN CHANGES, AND AUTHORIZING THE MAYOR TO EXECUTE SAID CONTRACT WHEREAS, the Engineering Division of the Development Services Department, in open session on September 17, 2012, did publicly open, examine, and declare four sealed bids for the National City Street Resurfacing and Concrete Improvement Project (the "Project"); and WHEREAS, Koch -Armstrong General Engineering, Inc., was the lowest responsive bidder with a proposed bid amount of $730,609.24; and WHEREAS, subsequently, Change Order Nos. 1 and 2 were entered into to revise the quantities of certain line items and to reduce the number of striping and pavement markings, a reduction of $72,930, bringing the total contract amount to $657,679.24; and WHEREAS, a 10% contingency amount up to $65,768 for any unforeseen changes to the Project is requested. 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 and Concrete Improvement Project to the lowest responsive, responsible bidder, to wit: KOCH-ARMSTRONG GENERAL ENGINEERING, INC. BE IT FURTHER RESOLVED by the City Council that the Mayor is hereby authorized to execute on behalf of the City a contract in the amount of $657,679.24 with Koch - Armstrong General Engineering, Inc., for the National City Street Resurfacing and Concrete Improvement. Said contract is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the City Council hereby authorizes a 10% contingency amount up to $65,768 for any unforeseen changes to the Project. PASSED and ADOPTED this 16th day of Octo. 012. on Morrison, Mayor ATTEST: APPROVED AS TO FORM: Mich ZI R. Dalla, C. y Clerk CI- r- Ga tua Silva City Attorn: Passed and adopted by the Council of the City of National City, California, on October 16, 2012 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 /! J e k of the City of �J City CI ational City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2012-205 of the City of National City, California, passed and adopted by the Council of said City on October 16, 2012. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: October 16, 2012 •EM TITLE: Resolution of the City Council of National City awarding a contract to Koch -Armstrong General Engineering Inc., in the amount not -to -exceed $657,679.24 and authorize a 10% contingency in the amount of $65,768 for any unforeseen changes to the project for the National City Street Resurfacing and Concrete Improvements, Specification 12-06. (Funded CDBG & Proposition A funds) AGENDA ITEM NO. 6 PREPARED BY: Barby Tipto— n PHONE: 336-4583 EXPLANATION: See attached DEPARTMENT: Development Services -Engineering Division APPROVED BY: z FINANCIAL STATEMENT: APPROVED: "77N�. Finance ACCOUNT NO. APPROVED: MIS Funds are available in account 301-409-500-598-6174 in the amount of $219,601, account 307-409-500-598-6035 in the amount of $324,893.24 and account 307-409-500-598-6558 in the amount of $113,185 for a total of $657,679.24 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: • 1. Explanation 2. Cost Proposal worksheet (three lowest bidders) 3. Cost Proposal worksheet (Koch -Armstrong with Change Orders) 4. Change Order #1 5. Change Order #2 6. Resolution • • • On September 17, 2012, four bids were received and opened for the National City Street Resurfacing and Concrete Improvements, Specification 12-06. The lowest responsive bidder was Koch -Armstrong General Engineering, Inc. with a proposed bid amount of $730,609.24. Due to errors in quantities for line items 7, 14, and 15, Change Order #1 was issued resulting in a reduction of $31,270.00. Additionally, due to higher than expected bid amounts for striping and pavement markings quantities were reduced and Change Order #2 was issued resulting in an additional reduction of $41,660. With both change orders taken into consideration, the contract amount is $657,679.24. The bid opening information sheet, the cost proposal worksheet for the three lowest bidders and the Koch -Armstrong worksheet showing the change orders are attached for your information. Based on the prior performance history of Koch -Armstrong General Engineering, Inc. with City of National City contracts, they are found to be qualified to perform the work as detailed in the specification. Staff reviewed bid documents and recommends that Council award the contract to Koch -Armstrong General Engineering, Inc. in the not to exceed amount of $657,679.24 and authorize a 10°A) contingency in the amount of $65,950 for any unforeseen changes to the project. National City Street Resurfacing and Concrete Improvements, Spec. No. 12-06 (Bid Opening: MON 09/17/2012 @ 2:3D PM) Tri-Group Construction & Development, Inc. Portillo Concrete, Inc. Koch- Armstrong General Engineering, Inc. 1119. ITEM QTY UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT Base Bid "A" 1 Mobilization/Demobilization 1 LS $ 15,000.00 $ 15,000.00 $ 14,000.00 5 14,000.00 $ 3.500.00 $ 3,500.00 2 Cold Milling 100 SF $ 7.00 $ 700.00 $ 10.00 $ 1,000.00 $ 3.50 $ 350.00 3 REAS Flex Seal, Plant Mix 11,500 GAL $ 10.00 $ 115,000.00 $ 7.70 $ 88,550.00 $ 6.40 $ 73,600.00 4 6" Asphalt Concrete Dig -Outs and Replacement 1,600 TON $ 120.00 $ 192,000.00 $ 140.00 $ 224,000.00 $ 115.75 $ 185,200.00 5 Remove Unsuitable Sub -Grade and replace with CMB and Geo-fabric 1,000 TON $ 40.00 $ 40,000.00 S 64.00 S 64,000.00 $ 48.10 $ 48,100.00 6 Crack Filing and Weed Abatement 12,878 SY $ 1.00 $ 12,878.00 $ 0.25 $ 3,219.50 $ 0.58 $ 7,469.24 7 Remove and Replace 4" PCC sidewalk 1,700 SF $ 6.00 $ 10,200.00 $ 7.50 $ 12,750.00 $ 7.10 $ 12,070.00 8 Remove and Replace 6-8" Curb and Gutter 160 LF $ 30.00 $ 4,800.00 $ 30.00 $ 4,800.00 $ 42.00 $ 6,720.00 9 Remove and Replace Cross -Gutter 90 SF $ 10.00 $ 900.00 $ 15.00 $ 1,350.00 $ 22.00 $ 1,980.00 10 Remove and Replace Traffic Loops 52 EA $ 500.00 $ 26,000.00 $ 485.00 $ 25,220.00 $ 320.00 $ 16,640.0(1 11 Remove and replace striping, pavement markings and markers 1 LS $ 40,000.00 $ 40,000.00 $ 41,750.00 $ 41,750.00 $ 40,470.00 $ 40,470.00 12 Install Four (4) Thermoplastic Checkered Cross -Walks (Intersection of Mile of Cars Way end National City Blvd) 1 LS $ 40,000.00 $ 40,000.00 $ 40.700.00 $ 40.700.00 $ 39,400.00 $ 39,400.00 13 Provide 30 x 30 Signs 4 EA $ 500.00 $ 2,000.00 $ 500.00 $ 2,000.00 $ 310.00 $ 1,240.00 14 Fumish and Install 3" PVC 1,900 LF $ 30.00 $ 57,000.00 $ 25.00 $ 47,500.00 $ 26.65 $ 50.635.00 15 Furnish and Install 2" Conduit Sweep 22 EA $ 250.00 $ 5,500.00 $ 240.00 $ 5,280.00 $ 640.00 $ 14,080.00 16 Relocate existing Signal Interconnect Cable to new Conduit Run 1 LS $ 4,000.00 $ 4,000.00 $ 2,100.00 $ 2,100.00 $ 4,263.00 $ 4,263.00 17 Fumish and Install Pull Rope 2,000 LF S 1.1)0 S 2,000.00 $ 0.40 $ 800.00 $ 1.07 $ 2,140.00 18 Fumish and Install #6 Pull Box with Extension 3 EA $ 800.00 $ 2,400.00 $ 735.00 $ 2,205.00 $ 427.00 $ 1,281.00 19 Fumish and Install #5 Pull Box 5 EA $ 600.00 $y, $ 600.00 $a 3,000.003,yy $ 374.00 $ 1,870.00 C�' �9 P.X�a1'B,F it . , .;mrar {``""1z u?i v, . { , • t.'F'�) f�o MS .'� �y Fln!*�5 y3,0000.00 7f4iMI'✓+�V*, " Y vu� �M1'"^ a�., ,r a a Y�,�`X�.✓+iM1 N. °R 1YV, .. �xY". Base Bid "B" 20 Mobilization/Demobilization 1 LS $ 15,000.00 $ 15,000.00 $ 7,500.00 $ 7,500.00 $ 1,500.00 $ 1,500.00 21 Remove and Replace 4" PCC sidewalk 5,765 SF $ 6.00 $ 34,590.00 $ 8.00 $ 46,120.00 S 6.20 $ 35,743.00 22 Install root barriers 900 LF $ 9.00 $ 8,100.00 $ 6.00 $ 5,400.00 S 11.85 $ 10,665.00 23 Remove and Replace 6-8" Curb and Gutter 2,210 LF $ 30.00 $ 66,300.00 $ 30.00 $ 66,300.00 $ 37.00 $ 81,770.00 24 Remove and Replace PCC Driveway 120 SF $ 6.00 $ 720.00 $ 15.00 $ 1,800.00 $ 14.50 $ 1,740.00 25 Remove and Replace Cross -Gutter 1,710 SF $ 10.00 $ 17,100.00 $ 15.00 $ 25,650.00 $ 16.30 $ 27,873.00 76 EL Tand Replace S Rams P PEATree 20 $ 2.000.00 $e $N 1,600.00 $ 32,000.00$ 2,620.00 $ 52,400.00 Removals with Stumping Re Stumping 7 EA $ 400.00 $ 2,800.00 $ 385.00 $ 2,695 t)Q $ 1130 00 $ 7,9gq1��10�1�8.n0�0yy WO e $,"1*St " 3 ro0 1 '; "y ,M i6�4xMY+riw,rr' Additive Bid #1 28 Mobilization/Demobilization 1 LS S 1,000.00 $ 1,000.00 $ 5,000.00 S 5,000.00 $ 700.00 $ 700.00 29 Asphalt Concrete 1.5" overlay 125 TON $ 125.00 $ 15,625.00 $ 139.00 $ 17,375.00 $ 115.00 $ 14,375.00 30 4" Asphalt Concrete Dig -Outs and Replacement 115 TON $ 125.00 $ 14,375.00 $ 172.00 $ 19,780.00 $ 147.00 $ 16,905.00 31 Crack Filing and Weed Abatement 1,434 SY $ 4.00 $ 5,736.00 $ 0.85 S 1,218.90 S 3.68 $ 5,277.12 32 Remove and Replace 4" PCC sidewalk 665 SF rra .:;�.- ';r�; $ 8.00 $ 5,320.00 $ 7.05 $ 4,688.25 33 Install root bamers 84 LF $ 9.00 $ 756.00 $ 6.00 $ 504.00 $ 13.00 $ 1,092.00 34 Remove and Replace 6-8" Curb and Gutter 100 LF $ 30.00 $ 3,000.00 $ 30.00 $ 3,000.00 $ 39.00 $ 3,900.00 35 Remove and Replace PCC Driveway 385 SF $ 6.00 $ 2,310.00 $ 15.00 $ 5,775.00 $ 12.00 $ 4,620.(1(1 36 Remove and Replace Cross -Gutter 1 LS $ 5,000.00 $ 5,000.00 $ 10,800.00 $ 10,800.00 $ 7,800.00 $ 7,800.00 37 Remove and Replace Pedestrian Ramps 4 EA $ 2,000.00 $ 8,000.00 $ 1,600.00 $ 6,400.00 $ 2,770.00 $ 11,080,00 38 Remove and replace striping and pavement markings 1 LS $ 4,000.00 $ 4,000.00 $ 3,850.00 $ 3,850...00 $ 740AY .00 $ 3,740.0(1 ,740.0(1 �7 �n �4M0 .. yy. k � ak /"u1F,i) .,.3,, �� Additive Bid #2 $ 241.00 $ 1,710.00 $ 33,736.50 $ 3,287.30 $ 3,411.00 39 Mobilization/Demobilization 1 LS $ 30.00 $ 30.00 $ 4,000.00 $ 4,000.00 $ 241.00 40 4" Asphalt Concrete Dlg-Outs and Replacement 5 TON $ 1,060.00 $ 5,300.00 $ 200.00 $ 1,000.00 $ 342.00 41 REAS Flex Seal 8,330 GAL $ 8.00 $ 66,640.00 $ 4.90 $ 40,817.00 $ 4.05 42 Crack Filing and Weed Abatement 926 SY $ 3.50 $ 3,241.00 $ 1.00 $ 926.00 $ 3.55 43 ReJrnov���e�aa�n�dareplace striping and pavement markings 1 LS $ 3,00pp0�...�00^0r� $ $ 3,500.00 $ 3,500.00 $ 3,411.00 . i'lYfUft",41,41', .. .. ^ , Wrgtr4 ,3ag,�0�0�y0p.00 �. MN* ,,a 0dr Grand Total: S 899,991.OD $ 900,955.40 $ 847,172.41 Tri-Group Construction & Development, Inc. Portillo Concrete, Inc. Koch- Armstrong General Engineering, Inc. eP6s6 S'a'r'1F'nli014.i•0')4. Irrtli d),lrti ,..i'g�' APPARENT LOWEST BIDDER Koch -Armstrong General Engineering, Inc National City Street Resurfacing and Concrete Improvements, Spec. No. 12-06 NO 26 ITEM Mobi lizationDDemobilizatlon Remove- and Replace 4" PCC sidewalk ' Install root barriers Remove andReplace 6-8"Curti and Gutter Remove and-Replace;PCC Driveway_ _,.. QTY UNIT UNIT PRICE Remove and Replace,Cross-Gutter`;`. Remove end Replace PedestrianRamps Tree RemovalsvlithSterapiny , 20 EA 11.85 AMOUNT $_ 35,743.00 10,665.00 81,770.00 Change Order CDBG 301-6174 Prop A 307-6035 Prop A 307-6558 C/O #1 C/O #2 C/O #2 CO #1 C/O #1 $ 1,500.00 $ 35,743.00 $10,665.00 $.81,770.00 '$ 1,740.00 $ 27,873,00 2,400.00 7;910:00 $ (72,930.00) Grand Total: I $ 730,609.24 I $ 657,679.24 $219,601.00 $ 324,893.24 $ 113,185.00 CDBG 301-6174 Prop A 307-6035 Prop A 307-6558 NATIONAL CITY STREET RESURFACING AND CONCRETE IMPROVEMENTS Specification No. 12-06 Contractor: Kock -Armstrong General Engineering, Inc. CHANGE ORDER NO. 1 September 19, 2012 Reason/Purpose for this Change Order: This change order will reduce line items #7 Remove and Replace 4" PCC Sidewalk, #14 Fumish and install 3" PVC Conduit and #15 Fumish and install 2" Conduit Sweep due to a clerical error on addendum #3. The City of National City and Contractor agree to the following change to the original Contract: The Contractor and the City agree to reduce the line item quantities as follows: #7 reduced by 500 square feet at $7.10/sf, #14 by 800 lineal feet at $26.65/1f and #15 by 10 at $640 each. Alt line item prices shall remain the same. The will result in a reduction in the contract price of Base Bid "A" of $31,270.00. Original Contract Amount $ 730,609.24 Net change by previously authorized Change Orders ..................... - Subtotal Amount of this change order New contract amount $ Working days added: 0 Working days subtracted: 0 730,609.24 (31,270.00) Percent change in Contract to date -4.28% 699,339.24 Submitted b : . .. fill/i2 4er Date ‘ Approved by: nng City n sneer 1 a zi/l t Date g�/ CityManager, >� ordets>azses Date By signing this Change Order the Contractor confines that he/she is completely familiar with Its terms and conditions and has fairly negotiated its price, terms and conditions. If this Change Order is approved, Contractor will provide all of the equipment, materials and labor ner ssary to provide a complete work as described above at that the price stated herein. Additionally, Contractor confirms that the price is fair and complete and represents all costs associated with the work, including but not limited to all equipment, materials, labor, supervision, overhead, fees, bonds, insurance, profit, etc. and that there will be no further compensation. All of the terms and conditions of the original contract documents are incorporated herein. [Accepted and agreed to by Koch Armstrong General Engineering, Inc.: Name: Note to Contractor: It you do not agree with this Change Order you may be directed to proceed with this work under the terms of the contract and you may proceed under protest. You must comply with the contract requirements of submitting a written protest to protect your claim. SrrA11t ISuQeG l tional City, CA 91950 Date cc: Engineering proje gk,o{e4gpylv93gam -3- Net change by previously authorized Change Orders Subtotal Amount of this change order New contract amount Working days added: 0 Working days subtracted: 0 +'- CALpkhgNIA,-+� " ' +1c6s delr I J NATIONAL CITY STREET RESURFACING AND CONCRETE IMPROVEMENTS Specification No. 12-06 Contractor. Koch -Armstrong General Engineering, Inc. CHANGE ORDER NO. 2 September 26, 2012 Reason/Purpose for this Change Order: This change order will remove the specification for preform thermoplastic from Line Item #11. This change order will replace the installation of four (4) thermoplastic checkered cross -walks with the installation of one (1) thermoplastic cross -walk under Line Item #12. rThe City of National City and Contractor agree to the following change to the original Contract The Contractor and the City agree to reduce the line item quantities as follows: Line Item #11 is a lump sum item and will be reduced from $40,470.00 to $26,380.00, for a total decrease of $14,090.00; Line Item #12 is a lump sum item and will be reduced from $39,400.00 to $11,830.00, for a total decrease of $27,570.00. These line item changes will result in a reduction in the contract price of Base Bid "A" of $41,660.00 Original Contract Amount $ 730,609.24 Percent change in Contract to date -9.98% (31,270.00) 699,339.24 (41,660.00) 657,679.24 Da/21/L 1�JPi Citj/Engineer ate !City Meager, ,equn3dfor Change Orders .$24,999 Date By signing this Change Order the Contractor confirms that he/she is completely familiar with its terms and conditions and has fairly negotiated its price, terms and conditions. If this Change Order is approved, Contractor will provide all of the equipment, materials and labor necessary to provide a complete work as described above at that the price stated herein. Additionally, Contractor confirms that the price is fair and complete and represents all costs associated with the work, including but not limited to all equipment, materials, labor, supervision, overhead, fees, bonds, insurance, profit, etc. and that there will be no further compensation. All of the terms and conditions of the original contract documents are incorporated herein. riAcce led and a treed to�b Kocch Armstrong General Engineering, Inc.: ,Namo:" 9 -2:7-/ Date Note to Contractor: If you do not agree with this Change Order you may be directed to proceed with this work under the terms of the contract and you may proceed under protest. You must comply with the contract requirements of submitting a written protest to protect your claim. Originals: City Clerk, Contractor cc: Engineering project file, Project Manager 1243 National City Boulevard, National City, CA 91950 Telephone (619) 336-4380 -4- KOCH-ARMSTRONG GENERAL ENGINEERING, INC. P.O. BOX 1190, LAKESIDE, CA 92040-0906 TEL: 561-2005 FAX: (819) (619) 561-0317 KOCH-ARMSTRONG LICENSE 194519-A QUOTATION 12-095.1 COP 1 PAGE 2 OF 2 (revised 9-20-12) TO: DATE: We propose NATIONAL CITY ATTN: TEL: CELL: FAX: EMAIL: stated. BYRON WADE 1243 NATIONAL CITY BLVD. (619) 336-4380 NATIONAL CITY , CA. 91950 (619) 336 4397 10/2/12 byron[dprojectprofessionais to furnish all labor. material, and eaulpment necessary to perform the following items of work. sublect to terms and conditions This auotatlon expires 30 days from the dale above and is good for work completed within one year of date above unless otherwise noted. JOB LOCATION IDENTIFIED MILE OF CARS WAY (ONLY) "STREET RESURFACING & CONCRETE IMPROVEMENTS: COP-1 STRIPING, REVISE BID ITEMS #11 & #12 DESCRIPTIONS AND REBID. ITEM DESCRIPTION APPROX. QUANTITY UNIT UNIT PRICE TOTAL REVISION TO CONTRACT BID ITEM #11 DELETE CONTRACT REMOVE AND REPLACE STRIPING, PAVEMENT MARKINGS AND MARKERS 1 LS $ 40,470.00 REPLACE WITH REV.1 REMOVE AND REPLACE STRIPING, PAVEMENT MARKINGS AND MARKERS 1 LS $ 26,380.00 (RV.1: ADD, 'NO PREFORMED THERMOPLASTIC") REDUCE BID ITEM #11 BY 1 LS $ (14 090.50) BID ITEM #12 DELETE CONTRACT INSTALL FOUR (4) THERMOPLASTIC CHECKERED CROSS -WALKS (INTERSECTION OF MILE OF 1 LS $ 39,400.00 MILE OF CARS WAY AND NATIONAL CITY BLV.) REPLACE WITH REV.1 INSTALL (RV.1: DELETE "FOUR (4)" AND REPLACE WITH "ONE (1)") THERMOPLASTIC CHECKERED 1 LS $ 11 830.00 CROSS -WALKS (INTERSECTION OF MILE OF CARS WAY AND NATIONAL CITY BLV.) REDUCE BID ITEM #12 BY LS ; (27 570.00) CHANGE ORDER TOTAL -REDUCE CONTRACT TOTAL BY 1 LS $ (41,660.00) CONDITIONS: 1 0oes not include permits, bonds, any tone of engineering(staking, testing, inspection, etc.), base under concrete, redwood headers, striping, traffic control, or utility adjustment unless otherwise specified. 2. Monthly Progress Payments and Full Payment upon completion, Accounts ere delinquent after 90 days, and they are subject to the maximum finence charge allowable by law. 3. Work to be done in accordance with plans, specifications, and quantities Identified above. Koch -Armstrong General Engineering, Inc. shall be noted in wngng prior lu any proposed changes. a.Subgrade to be taken from +4.10'to balance and at or below optimum moisture before Koch.Armstrong General Engineering, Inc. begins work unless otherwise specified. 5. Any unusual conditions of subeo9 encountered, such as boded slabs, underground piping. bash deposits. etc, shall be deemed cause for additional charges. B. Required California Preliminary Lien Information (Celgomia Civil Coda Section 3097/3099) shall be provided to Koch -Armstrong General Engineering, Inc. before work begins. 7. Subject to Credg Approval and verification of Caliomle Preliminary Lien information. B. Class 2 materiel If Included b 314" recycled Class 2 per Coltrane Standard SpecMmgon Socgon 26 unless othenyise noted. Acceptance: Firm: NATIONAL CITY By: Please algn end return ono copy-lhk quotation conattutes the sole and only agreement. My prior agreements, negotiation, etc., not set forth heron ere of no force or effect. By: KOCH-ARMSTRONG GENERAL ENGINEERING, INC. Date FRANK HERRERA Date -5- RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO KOCH-ARMSTRONG GENERAL ENGINEERING, INC., IN THE NOT TO EXCEED AMOUNT OF $657,679.24 FOR THE NATIONAL CITY STREET RESURFACING AND CONCRETE IMPROVEMENT PROJECT, AUTHORIZING A 10% CONTINGENCY IN THE AMOUNT OF $65,768 FOR ANY UNFORESEEN CHANGES, AND AUTHORIZING THE MAYOR TO EXECUTE SAID CONTRACT WHEREAS, the Engineering Division of the Development Services Department, in open session on September 17, 2012, did publicly open, examine, and declare four sealed bids for the National City Street Resurfacing and Concrete Improvement Project (the "Project"); and WHEREAS, Koch -Armstrong General Engineering, Inc., was the lowest responsive bidder with a proposed bid amount of $730,609.24; and WHEREAS, subsequently, Change Order Nos. 1 and 2 were entered into to revise the quantities of certain line items and to reduce the number of striping and pavement markings, a reduction of $72,930, bringing the total contract amount to $657,679.24; and WHEREAS, a 10% contingency amount up to $65,950 for any unforeseen changes to the Project is requested. 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 and Concrete Improvement Project to the lowest responsive, responsible bidder, to wit: KOCH-ARMSTRONG GENERAL ENGINEERING, INC. BE IT FURTHER RESOLVED by the City Council that the Mayor is hereby authorized to execute on behalf of the City a contract in the amount of $657,679.24 with Koch - Armstrong General Engineering, Inc., for the National City Street Resurfacing and Concrete Improvement. Said contract is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the City Council hereby authorizes a 10% contingency amount up to $65,950 for any unforeseen changes to the Project. PASSED and ADOPTED this 16th day of October, 2012. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Della, City Clerk Claudia Gacitua Silva City Attorney AGENDA ITEM Q. G An error was made on the 10% cc ngency amount listed on the submitted A-200 Explanation for awarding the .National City Street ;Resurfa+n'g and Concrete Improvements, Specification 12-06. The correct 10%°°coratingencyamount is $65,768, and has been corrected in the final paragraph of the:, resolution, rrCALIFORNIA - INCORPORATED October 31, 2012 REVIEW AND APPROVAL OF CONTRACT DOCUMENTS FORM PROJECT: National City Street Resurfacing and Concrete Improvements ENGINEERING SPECS. 12-06 AWARDING RESO. 2012-205 DATE: 10/16/12 CONTRACTOR: Koch-Armstrong ********************************************************** ********* *** TO: City Attorney The following original contract documents are submitted for your review and approval: 1. _ 3 Copies of Contract Agreement 2. j Copies of Performance Bond 3. 1 Copies of Payment Bond 4. 1 Copies of Certificates of Insurance If these documents are satisfactory, please forward them along with this form the Mayor for his signature. COMMENTS: **************************************************************** TO: Office of the Mayor The attached original contract documents have been reviewed and approved by the City Attorney. Please sign all three copies of the contract, and forward all of the contract documents along with this form to the office of the City Clerk. eted ***** *** Completed *************************************************************************** TO: Office of the City Clerk The attached original contract documents have been approved by the City Attorney and the Mayor. Please distribute them. 1. 1 Original copy to your file. 2. 1 Original copy to the contractor 3. 1 Original copy to the Engineering Department. Please release the bid bonds of the unsuccessful bidders. Approved by: 2 Stephen Manganiello City Engineer Engineering Department 1243 National City Boulevard, National City, CA 91950-4301 619/336-4380 Fax 619/336-4397 www.nationalcityca.gov 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 November 7, 2012 Mr. Monty Koch President Koch -Armstrong General Engineering, Inc. P.O. Box 1190 Lakeside, CA 92040 Dear Mr. Koch, On October 16th, 2012, Resolution No. 2012-205 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. Michael R. Dalla, CMC City Clerk Enclosures cc: Engineering Dept.