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2013 CON PAL General Engineering - 8th Street Smart Growth Revitalization
8TH STREET GROWTH REVITALIZATION PROJECT, PHASE II Specification No. 12-13 CONTRACT THIS CONTRACT, made and entered into this 18`h day of June, 2013 by and between the City of National City, California, herein after designated as the "City", and Pal 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: 8TH STREET GROWTH REVITALIZATION PROJECT, PHASE II Specification No. 12-13 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. 2-1 8TH STREET GROWTH REVITALIZATION PROJECT, PHASE II Specification No. 12-13 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. CONTRACTOR: I2tI7 3 Si nature of Prime Contractor Date Signature of Prime Contractor Date 14\Q h�\q,•t -iYesi cL& t\\f JaA,61r‘c...--_ V. p . Print name and title Print name and title (If the Prime Contractor is a corporation two signatures of corporate officers are required.) Federal ID. No. ZC.- `4\0 \' \Q CITY: By: ATTEST: ayor, City of National City By: Lv OR. City Clerk, City of National City (Notary acknowledgem2nt of execution by all PRINCIPALS OF CONTRACTOR must be attached.) 2-2 8TH STREET GROWTH REVITALIZATION PROJECT, PHASE II Specification No. 12-13 CONTRACT (CONTINUED) CORPORATE CERTIFICATE I, PC) J37 certify that I am the Secretary of the Corporation named as Contractor n , the foregoing Contract; that ci y' �o J o.i �\‘•\Do- , who signed said contract on behalf of the Contractor, was then \a — QYe.-rS; CA QN,"1-- 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. 1, 1\\() d J - certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that AA( �� c�l1�S� , 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: 2-3 8TH STREET GROWTH REVITALIZATION PROJECT, PHASE II Specification No. 12-13 CONTRACT (CONTINUED) PARTNERSHIP CERTIFICATE STATE OF G COUNTY OF On this 2 k day of ss , 2013, before me, the undersigned, a Notary Public in and for said County and State, personally appeared: NaA-5 (-Sleger ASHWIN M. ASHE�R '� # 1924919 NOTARY PUBLIC - CALIFORNIA 'A SAN DIEliO COUNTY sueoa COtAM. EXPIRES FEB. 4, 20:�_..My S1/4.5)5:— R`�`N`� (Notary Seal) known to me to be '---- 2 P*"40 Nam-k\wk-' of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. Signature: Name or Print):%���..� (Type (Notary Public in and for said County and State) My Commission expires: J`F . 2-4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT • ,!. .>{. - <-, s.>.-,.,.,-,.�>:•-:./;�'�;�'.?;,:�;-:�<�:�: ;:«:fit . c;�:;.�:�i >.-�.-\.;:�.•�•.\,:>:�:; State of California County of+� r e On am.✓isffLO Date personally appeared before me, Nam\ Here 1 Name and Tide of the Officer V\v-' .,..) LA r\.-2 Name ) of Signers) 1?-s ASHWIN M. ASHER COMM.#1920919 tzto,Ut0 NOTARY PUBLIC - CALIFORNIA J SAN DIEGO COUNTY 0 s• COMM. EXPIRES FEB. 4, 2015 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 his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my tX3>Qd and official seal. Signature ^{- Signature ft 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: C � 1 1'-Dn A -as Document Date: b ' 1—c' Number of Pages: Signer(s) Other Than Named Above: Capaclty(les) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — O Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — O Limited ❑ General ❑ Attorney in Fact ❑ Trustee El Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here =;G\�GL✓G�,4��G�G\=�G\���i<JG\'!G<'!G<✓,G\'!G`✓G\'; G\✓G\'�G\!G\=�G\'!G\'�G�,\-'!G\'i.G\�!i`�G`:.G\=%G\-•!GC'!G\'!G\',G\'iG`•%G�iGUG\`%G�/G�'%GU'i�;G�✓G�G�i\';i�i`; ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 •Chatawordi, CA 91313-2402 • www.NadonalNotaryorg Item 45937 Reorder. Call Toll -Free 1-800-876r6d27 8TH STREET GROWTH REVITALIZATION PROJECT, PHASE II Specification No. 12-13 PERFORMANCE BOND Bond number: 1015512 Premium: $30,840 Executed in Triplicate WHEREAS, the City Council of the City of National City, by Resolution No. 2013-97, passed the 18th day of June , 2013 has awarded to Pal General Engineering, Inc. , hereinafter designated as the "Principal", the 8TH STREET GROWTH REVITALIZATION PROJECT, PHASE II, Specification No. 12-13. 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 The Hanover 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 Three Million Seven Hundrend Nine Thousand, Seventy Nine Hundred and 35 Cents i$3.709,079.351 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 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. 2-5 Matthew C. Gaynor, Attorriey-In-Fact Surety 8TH STREET GROWTH REVITALIZATION PROJECT, PHASE II Specification No. 12-13 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 19th day of June , 2013. The Hanover Insurance Company (SEAL) PAL General Engineering, Inc. (SEAL) (SEAL) (SEAL) C (SEAL) 0 (SEAL) Ma a Jahshan, Presiden 2-6 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On `��--Si 1 Date personally appeared —Lbefore me, Here Insert Name and Title of the Officer j) �Nemeth) SIgner(s) .r— rASH M. 2O9 9P COMM.MM. 9209 # 119 U COMM. NOTARY PUBLIC CALIFORNIA SAN DIEGO COUNTY ,- ,roan COMM. EXPIRES FEL 4, 2U1.E , 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 his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) actgd, 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 d 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 DD. Title or Type of Document: Document Date: (c ' J—C ` LA Number of Pages: - (l Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited LI General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here 02007 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 8TH STREET GROWTH REVITALIZATION PROJECT, PHASE If Specification No. 12-13 PERFORMANCE BOND (continued) *SEE ATTACHED ACKNOWLEDGMENT RNEY-IN-FACT ACKNOWLEDGEMENT OF SURETY STATE 0 ) ) ss COUNTY OF On this da .f , 2013, before me, the undersigned, a Notary Public in and for sa County and State, personally appeared known to me to be the person whose name is subscribed to e within instrument as the attorney -in -fact of the , the corporation named as Surety in said instrument, and acknowledged to me at he subscribed the name of said corporation thereto as Surety, and his own name as attorney-i -fact. NOTE: Signature of those executing for Surety must be properly acknowledged. NO : The Attorney -in -fact must attach a rtified copy of the Power of Att• ey. Signature: Name (Type or Print): Notary Public in and for said County and State My Commission expires: 2-7 THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA POWERS OF ATTORNEY CERTIFIED COPY KNOW ALL MEN BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Michigan, do hereby constitute and appoint Matthew C. Gaynor, Kim D. Vasquez, Daniel Frazee and/or David J. Garcia of Santee, CAand each is a true and lawful Attorney(s)-in-fact to sign, execute, seal, acknowledge and deliver for, and on its behalf, and as its act and deed any place within the United States, or, if the following line be filled in, only within the area therein designated any and all bonds, recognizances, undertakings, contracts of indemnity or other writings obligatory in the nature thereof, as follows: Any such obligations in the United States, not to exceed Ten Million and No/100 ($10,000,000) in any single instance and said companies hereby ratify and confirm all and whatsoever said Attorney(s)-in-fact may lawfully do in the premises by virtue of these presents. These appointments are made under and by authority of the following Resolution passed by the Board of Directors of said Companies which resolutions are still in effect: "RESOLVED, That the President or any Vice President, in conjunction with any Vice President. be and they are hereby authorized and empowered to appoint Attorneys -in -fact of the Company, in its name and as its acts, to execute and acknowledge for and on its behalf as Surety any and all bonds, recognizances, contracts of indemnity, waivers of citation and all other writings obligatory in the nature thereof, with power to attach thereto the seal of the Company. Any such writings so executed by such Attorneys -in -fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons." (Adopted October 7, 1981 - The Hanover Insurance Company; Adopted April 14, 1982 - Massachusetts Bay Insurance Company; Adopted September 7, 2001 - Citizens Insurance Company of America) IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by two Vice Presidents, this 7th day of December 2011. THE COMMONWEALTH OF MASSACHUSETTS ) COUNTY OF WORCESTER ) ss. THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS URANCE COMPANY OF AMERICA Robert ThQr11a6ice President Joe Arcnstrorn. ier Prcxident On this 7th day of December 2011 before me came the above named Vice Presidents of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, to me personally known to be the individuals and officers described herein, and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively, and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations. ARBARA A. GARLICK Notary Public wealea+7[11�assW11 s 6 £+rFp Seri 21. 2e'B Barbara A. Garlick, Notary Public My Commission Expires September 21, 2018 I, the undersigned Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Companies, and do hereby further certify that the said Powers of Attorney are still in force and effect. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America. "RESOLVED, That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto, granted and executed by the President or any Vice President in conjunction with any Vice President of the Company, shall be binding on the Company to the same extent as if all signatures therein were manually affixed, even though one or more of any such signatures thereon may be facsimile." (Adopted October 7, 1981 - The Hanover Insurance Company; Adopted April 14, 1982 - Massachusetts Bay Insurance Company; Adopted September 7, 2001 - Citizens Insurance Company of America) GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this 19th day of June 2013. THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA ACKNOWLEDGMENT State of California County of San Diego On June 19, 2013 before me, Kathy Scheuerman, Notary Public (insert name and title of the officer) personally appeared Matthew C. Gaynor who proved to me on the basis of satisfactory evidence to be the person(%) whose names/ is/are subscribed to the within instrument and acknowledged to m e that hets1ie/Lliey executed the same in his/tier/their authorized capacity(j> s), and that by his/taex/theif signature(%) on the instrument the person(s); or the entity upon behalf of which the per son(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 (Ca7,(.1, S (Seal) KATHY SCHEUERMAN Commission No.1884440 c7 NOTAR'YPUBLIC-CALIFORNIA ti SAN DIEGO COUNTY Commission Expires March 28, 2014 8TH STREET GROWTH REVITALIZATION PROJECT, PHASE II Specification No: 12-13 PAYMENT BOND Bond number: 1015512 Premium included in Performance Bond Executed in Triplicate WHEREAS, the City Council of the City of National City, by Resolution No. 2013-97 passed the 18th day of June, 2013 has awarded Pal General Engineering, Inc. , hereinafter designated as the "Principal", The 8TH STREET GROWTH REVITALIZATION PROJECT, PHASE II, Specification No. 12-13, 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 The Hanover 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 Three Million Seven Hundred Nine Thousand, Seventy Nine dollars and 35 Cents (53,709.079.35) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his/her or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay any of the persons named In Section 3181 of the California Civil Code, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the Contractor and his subcontractors pursuant to Section 18806 of the Revenue and Taxation Code, with respect to such work and labor the Surety will pay for the same in an amount not exceeding the sum hereinafter specified, and also, in case suit is brought upon this bond, a reasonable attorney's fee, to be fixed by the Court. This Bond shall inure to the benefit of any of the persons named in Section 3181 of the Caiifornia Civil Code, so as to give a right of action to such persons or their assigns in any suit brought upon this bond. 2-8 8TH STREET GROWTH REVITALIZATION PROJECT, PHASE II Specification No.12-13 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 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 19th day of June , 2013. The Hanover Insurance Company (SEAL) PAL GI Enginrin/ Inc. (SEAL) 1 C 7. (SEAL) (SEAL) (SEAL) Marla Jahshan, (SEAL) President Matthew C. Gaynor Attorney -In -Fact Surety 2-9 Principal 8TH STREET GROWTH REVITALIZATION PROJECT, PHASE II Specification No. 12-13 *SEE ATTACHED ACKNOWLEDGMENT PAYMENT BOND (continued) TTORNEY-IN-FACT ACKNOWLEDGEMENT OF SURETY STATE F ) ) ss COUNTY OF On this day of , 2013, 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 •e that he subscribed the name of sald corporation thereto as Surety, and his own name as attorn- -in-fact. NOTE: Signature of those executing for Surety must be properly acknowledged. OTE: The Attorney -in -fact must attach a certified copy of the Power of Attorney. Signature: Name (Type or Print): (Notary Public in and for said County and State) My Commission expires: APPROVED AS TO FORM: 2-10 THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA POWERS OF ATTORNEY CERTIFIED COPY KNOW ALL MEN BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANYand MASSACHUSETTS BAY INSURANCE COMPANY, both being corporations organized and existing under t he laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Michigan, do hereby constitute and appoint Matthew C. Gaynor, Kim D. Vasquez, Daniel Frazee and/or David J. Garcia of Santee, CAand each is a true and lawful Attorney(s)-in-fact to sign, execute, seal, acknowledge and deliver for, and on its behalf, and as its act and deed any place within the United States, or, if the following line be filled in, only within the area therein designated any and all bonds, recognizances, undertakings, contracts of indemnity or other writings obligatory in the nature thereof, as follows: Any such obligations in the United States, not to exceed Ten Million and No/100 ($10,000,000) in any single instance and said companies hereby ratify and confirm all and whatsoever said Attorney(s)-in-fact may lawfully do in the premises by virtue of these presents. These appointments are made under and by authority of the following Resolution passed by the Board of Directors of said Companies which resolutions are still in effect: "RESOLVED, That the President or any Vice President, in conjunction with any Vice President, be and they are hereby authorized and empowered to appoint Attorneys -in -fact of the Company, in its name and as its acts, to execute and acknowledge for and on its behalf as Surety any and all bonds, recognizances, contrabls of indemnity, waivers of citation and all other writings obligatory in the nature thereof, with power to attach thereto the seal of the Company. Any such writings so executed by such Attorneys -in -fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons." (Adopted October 7, 1981 - The Hanover Insurance Company; Adopted April 14, 1982 - Massachusetts Bay Insurance Company; Adopted September 7, 2001 - Citizens Insurance Company of America) IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by two Vice Presidents, this 7th day of December 2011. THE COMMONWEALTH OF MASSACHUSETTS ) COUNTY OF WORCESTER ) ss. THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS4 SURANCE COMPANY OF AMERICA :k . fircrtxtrnm. /c Pritildcatt On this 7th day of December 2011 before me came the above named Vice Presidents of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, to me personally known to be the individuals and officers described herein, and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively, and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations. BARBARA A. GARLICK Nclary Public �rl df l.lasedlusells ammai�an 1s45 S<ry 21.22,2 Barbara A. Garlick, Notary Public My Commission Expires September 21, 2018 I, the undersigned Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Companies, and do hereby further certify that the said Powers of Attorney are still in force and effect. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America. "RESOLVED, That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto, granted and executed by the President or any Vice President in conjunction with any Vice President of the Company, shall be binding on the Company to the same extent as if all signatures therein were manually affixed, even though one or more of any such signatures thereon may be facsimile." (Adopted October 7, 1981 - The Hanover Insurance Company; Adopted April 14, 1982 - Massachusetts Bay Insurance Company; Adopted September 7, 2001 -Citizens Insurance Company of America) GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this 19th day of June 2013. THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA n Margosian, Vice President T ACKNOWLEDGMENT State of California County of San Diego On June 19, 2013 before me, Kathy Scheuerman, Notary Public (insert name and title of the officer) personally appeared Matthew C. Gaynor who proved to me on the basis of satisfactory evidence to be the person(,) whose name(2) is/afe subscribed to the within instrument and acknowledged to m e that he/she/llry executed the same in his/hei/their authorized capacity(ij s), and that by his/herItheiF signature(s) on the instrument the person(s)", or the entity upon behalf of which the per son(,) 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 Palk 5L UMfll¢c._, (Seal) KATHY SCHEUERMAN Commission No.1884440 0 NOTAROUBLIC-CAWORNIA SAN DIEGO COUNTY Commission Expires March 28, 2014 8TH STREET GROWTH REVITALIZATION PROJECT, PHASE II Specification No. 12-13 EMERGENCY NOTIFICATION LIST In reference to Section 7-6 of the Standard Specifications my/our representatives at the construction site for the above subject project will be: On -site Project Superintendent: Alex Kg{ j ci �5� - 663-`19 33/ Is 3 4 T-3-9 ►� v Name Cell number/Office number Other 24-hour available person with authority to order work: <\- acJ&,- ScA; a -i52 -k°101 /25i- Name Cell number Office n�fmber Other 24-hour available person with authority to order work: }-1 1AcfctiAa 753-6a.- ju o Name Cell number/Office number 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. Signature of Prime Contractor atu a of Prime Cont Sign ractor Nana piln&\(\q,k-I,ProVeta ,5 �Print name antle Print name and title (If the Prime Contractor is a corporation two signatures of corporate officers are required.) 2-11 OP ID: VP A4III CERTIFICATE OF LIABILITY INSURANCE DATO6/19/13rr) 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 619-937-0164 Rancho Mesa Insurance Services 250 Riverview Parkway #401 619-937-0168 Santee, CA 92071 Daniel W. Frazee CONTACT NAME PHONE FAX (A/C. No. EXt). (NC, No): E-MAIL ADDRESS: PRODUCER PALGE-1 CUSTOMER ID II INSURER(S) AFFORDING COVERAGE NNC # INSURED PAL General Engineering, Inc. Abd Jahshan ID #403899 5374 Eastgate Mall San Diego, CA 92121 INSURER A: Associated Industries Ins Co. INSURER B: Praetorian Insurance Company 37257 22314 INSURER C: RSUI Indemnity Company INSURER D: New York Marine & Gen'I Ins Co 16608 INSURER E : INSURER F: COVERAGES CERTIFICATE NUMBER: 1 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL 1N_SR SUBR WY!? POLICY NUMBER POLICY EFF (MMIDDIYYYY) POLICY EXP (MMIDD/YYYY) LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY OCCUR X X AES1020314 01107/13 01/07/14 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) $ 100,000 CLAIMS -MADE X MED EXP (My one person) $ EXCLUDED X GEN'L CONTRACTUAL LIAR. PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 AGGREGATE LIMIT APPLIES PER POLICY X JEC°T LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ B AUTOMOBILE X X X LIABILITY ANY AUTO CAHO10001871 01/07/13 01/07/14 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Peracddent) $ $ $ C X UMBRELLA LIAB X EXCESSLIAB OCCUR CLAIMS -MADE NHA232105 01/07/13 01/07/14 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 D DEDUCTIBLE RETENTION $ $ $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER ERPARTNE EXECUTIVE YIN (Mandatory in NH) 1/ yes describe under DESCRIPTION OF OPERATIONS below N N/A X WCI3BEP0001289 01/07/13 01/07/14 X WC STATU- OTH- TORV LIMITS ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) RE: 8TH STREET SMART GROWTH REVITLIZATION PROJECT. SPEC #12-13 THE CITY OF NATIONAL CITY, ITS OFFICERS, EMPLOYEES, AND AGENTS ARE INCLUDED AS ADDITIONAL INSURED PER FORM CG2010 11/85 ATTACHED. PRIMARY AND NON-CONTRIBUTORY WORDING APPLIES. GENERAL LIABILITY 30 DAY NOTICE OF CANCELLATION TO FOLLOW (aqp) CERTIFICATE HOLDER CANCELLATION CITYNAI CITY OF NATIONAL CITY ATTN: BUILDING DEPARTMENT 1243 NATIONAL CITY BLVD. NATIONAL CITY, CA 92050 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 4‘ y�J ACORD 25 (2009/09) ©1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER:AES1020314 00 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: ALL PERSONS OR ORGANIZATIONS WHERE REQUIRED BY WRITTEN CONTRACT WITH THE NAMED INSURED Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products - completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG24040509 © Insurance Services Office, Inc., 2008 Page 1 of 1 O POLICY NUMBER: AES1020314 00 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: ALL PERSONS OR ORGANIZATIONS WHERE WRITTEN CONTRACT WITH THE NAMED INSURED REQUIRES 11/85 EDITION. THIS FORM DOES NOT APPLY TO YOUR WORK ON "RESIDENTIAL PROPERTY". (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. CG 20 10 11 85 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 0 POLICY NUMBER: AES1020314 00 COMMERCIAL GENERAL LIABILITY NX GL 009 08 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON-CONTRIBUTING INSURANCE (THIRD -PARTY) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Third Party: ALL PERSONS OR ORGANIZATIONS WHERE REQUIRED BY WRITTEN CONTRACT WITH THE NAMED INSURED (Absence of a specifically named Third Party above means that the provisions of this endorsement apply as required by written contractual agreement with any Third Party for whom you are performing work.) Paragraph 4. of SECTION IV: COMMERCIAL GENERAL LIABILITY CONDITIONS is replaced by the following: 4. Other Insurance: With respect to the Third Party shown above, this insurance is primary and non-contributing. Any and all other valid and collectable insurance available to such Third Party in respect of work performed by you under written contractual agreements with said Third Party for loss covered by this policy, shall in no instance be considered as primary, co-insurance, or contributing insurance. Rather, any such other insurance shall be considered excess over and above the insurance provided by this policy. NX GL 009 08 09 Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission POLICY NUMBER: AES1020314 00 COMMERCIAL GENERAL LIABILITY NX GL 093 08 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT - AGGREGATE LIMITS OF INSURANCE (PER PROJECT) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Schedule Overall Policy Aggregate Limit: $ 5,000,000 (Information required to complete this Schedule, if not shown above, will be shown in Declarations.) A. Paragraphs 2. and 3. of SECTION III — LIMITS OF INSURANCE are replaced by the following: 2. The Overall Policy Aggregate Limit is the most we will pay for the sum of a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard"; and c. Damages under Coverage B. 3. The Products -Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products -completed operations hazard" to each of your projects away from premises owned by or rented to you. B. The following is added to SECTION III — LIMITS OF INSURANCE: 8. Subject to Paragraph 2. and 3. above, the General Aggregate Limit is the most we will pay under for the sum Coverage A, Coverage B, or Coverage C to each of your projects away from premises owned by or rented to you. NX GL 093 08 09 Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNiA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2.0 % of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description Any person or organization as required by written contract This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The Information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Date: 1/7/2013 Policy No. WC13BEP0001289 Policy Effective Dates: 01 /07/2013 - 01/07/2014 Insured: PAL General Engineering, Inc. DBA PAL General Engineering, Inc. Carrier Name / Code: New York Marine And General Insurance Company WC 04 03 06 (Ed. 4-84) Endorsement No. Premium $ Countersigned by Page 1 of 1 THIS DOCUMENT HAS A TRUE DOCUCHECKTM WATERMARK AND VISIBLE FIBERS DISCERNIBLE FROM BOTH SIDES 81207 3USINESS LICENSE CERTIFICATE CITY OF NATIONAL CITY URSUANT TO CITY ORDINANCE THIS LICENSE IS HEREBY GRANTED FOR THE TERM & PURPOSE STATED 3US DESCRIPTION GENERAL CONTRACTOR +4 CALIFORNIA Date of Expiration: 12/31/2013 3USINESS ADDRESS 5374 EASTGATE MAL ;A`_i'I�ON1 ' CIS' !'Y r ai V ^� IUSINESS NAME PAL GENERAL ENGINEERINGIZIRPOR"T> D TTN: IAILING 5374 EASTGATE MALL .DDRESS SAN DIEGO, CA 92121-2804 City Manager ON TRANSFERABLE POST IN A CONSPICUOUS PLACE KEEP FOR YOUR RECORDS BUSINESS TAX RECEIPT License No. 81207 B $200.00 SB1186 $1 00 TOTAL $201.00 NAB° ++NCOIZPOuivr D June 25, 2013 REVIEW AND APPROVAL OF CONTRACT DOCUMENTS PROJECT: 8'h Street Smart Growth Revitalization Project ENGINEERING SPECS. No. 12-13 AWARDING RESO. 2013-97 DATE: June 18, 2013 CONTRACTOR: PAL General Engineering, Inc. ****************************************************************************** TO: City Attorney The following original contract documents are submitted for your review and approval: 1. 3 Originals of Contract Agreement 2. _1 _ 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 to the Mayor for his signature. COMMENTS: 10J--g - L6L-- �J Completed Cf} ******************************************************************************** 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. 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 Copy to the contractor 3. 1 Copy to the Engineering Department. Please release the bid bonds of the unsuccessful bidders. Approved by: SStephen Manganiello City Engineer RESOLUTION NO. 2013 — 97 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT IN THE NOT TO EXCEED AMOUNT OF $3,709,079.35 TO PAL GENERAL ENGINEERING, INC., FOR THE 8TH STREET SMART GROWTH REVITALIZATION PROJECT, AUTHORIZING THE MAYOR TO EXECUTE SAID CONTRACT, AND AUTHORIZING 15% CONTINGENCY IN THE AMOUNT OF $556,362 FOR ANY UNFORESEEN CHANGES WHEREAS, the Engineering Division of the Development Services Department, in open session on June 6, 2013, did publicly open, examine, and declare seven sealed bids for the 8th Street Smart Growth Revitalization Project (the "Project"); and WHEREAS, PAL General Engineering, Inc., was the lowest responsive bidder with a total bid amount of $3,978,336.35, where $3,709,079.35 is the base bid and $269,257.00 is the additive bid; and WHEREAS, staff does not recommend awarding the additive bid items at this time; and WHEREAS, a 15% contingency amount up to $556,362 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 8th Street Smart Growth Revitalization Project to the lowest responsive, responsible bidder, to wit: PAL GENERAL ENGINEERING, INC. BE IT FURTHER RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute on behalf of the City a contract in the amount of $3,709,079.35 with PAL General Engineering, Inc., for the 8th Street Smart Growth Revitalization Project. Said Contract is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the City Council hereby authorizes a 15% contingency amount up to $556,362 for unforeseen changes to the Project. PASSED and ADOPTED this 18th day of June, 201 on orrison, Mayor ATTEST: 4 Michael R. Dalla,'City Clerk APP'OVED AS TO FORM: Cau•ia tacitua Silva City Attothey Passed and adopted by the Council of the City of National City, California, on June 18, 2013 by the following vote, to -wit: Ayes: Councilmembers Cano, Morrison, Natividad, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California City of National City, California C► rk of the City By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2013-97 of the City of National City, California, passed and adopted by the Council of said City on June 18, 2013. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT ETING DATE: June 18, 2013 AGENDA ITEM NO. 25 ITEM TITLE: Resolution of the City Council of the City of National City 1) awarding a contract in the not to exceed amount of $3,709,079.35 for base bid to PAL General Engineering, Inc. for the 8th Street Smart Growth Revitalization Project, Specification Number 12-13; 2) authorizing a 15% contingency in the amount of $556,362 for any unforeseen changes; and 3) authorizing the Mayor to execute the contract. (CIP Project funded Smart Growth Grant, SR2S Grant, Gas Tax and Proposition "A") PREPARED BY: Stephen Manganiello PHONE: 336-4382 EXPLANATION: See attached FINANCIAL STATEMENT: ACCOUNT NO. DEPARTMENT: Engineering APPROVED BY: 2 APPROVED: Li"( GL T4zz ., Finance APPROVED: MIS Funds are available: Smart Growth Grant 321-409-500-598-3918 for $1,300,000; State SR2S Grant 323-409-500-598-6176 for $450,000; Gas Tax (Street Resurfacing) 109-409-500-598-6035 (FY 13) for $250,000; Gas Tax (Street Resurfacing) 109-409-500-598-6035 (FY 14) for $500,000; Gas Tax (Traffic Monitoring/System Improvements) 109-409-500-598-6573 for $250,000; Prop A (Street Resurfacing) 307-409-500-598-6035 for $959,079.35 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A FTACHMENTS: 1. Explanation 2. Bid Opening Summary 3. Lowest Bidders Summary 4. Resolution EXPLANATION The 8th Street Smart Growth Revitalization Project, Specification No. 12-13, is for the revitalization of 8th Street between the MTS Trolley Station and Highland Avenue. Improvements will include milling and resurfacing of asphalt concrete pavement, removing and replacing areas of damaged asphalt pavement, replacing unsuitable subgrade, if found, placing 5" Asphalt Concrete over 15" Aggregate Base material, removing and replacing sidewalks, curb and gutter, cross -gutters, pedestrian ramps, installing PVC water quality drain lines and laterals, striping, replacing traffic loops, crosswalks striping, installation of street lights and pull boxes, conduits, meter pedestals, installing landscape and irrigation, and decorative lighting elements. In May 2013, the 8th Street Smart Growth Revitalization Project, Specification No. 12-13, was advertised inviting bids, in local newspapers and on the City's website. On June 6, 2013, seven (7) sealed bids were received, opened, and read to the public. PAL General Engineering, Inc. is the apparent lowest bidder with a total bid of $3,978,336.35, where $3,709,079.35 is for the base bid and $269,257.00 is for additive bid. Staff reviewed the bid proposal and completed a reference check. It was determined that the contractor is qualified to perform the work as outlined in the specification. Attached are the bid opening information sheet and the three lowest bidders' proposal summary sheet. Staff recommendation is to: 1) award a contract in the not to exceed amount of $3,709,079.35 for base bid to PAL General Engineering, Inc. for the 8th Street Smart Growth Revitalization Project, Specification Number 12-13; 2) authorize a 15% contingency in the amount of $556,362 for any unforeseen changes; and 3) authorize the Mayor to execute the contract. Staff does not recommend awarding the additive bid items at this time. The available funding sources are as follows: • Smart Growth Grant 321-409-500-598-3918 for $1,300,000 • State SR2S Grant 323-409-500-598-6176 for $450,000 • Gas Tax (Street Resurfacing) 109-409-500-598-6035 (FY 13) for $250,000 • Gas Tax (Street Resurfacing) 109-409-500-598-6035 (FY 14) for $500,000 • Gas Tax (Traffic Monitoring/System Improvements) 109-409-500-598-6573 for $250,000 • Prop A (Street Resurfacing) 307-409-500-598-6035 for $959,079.35 t BID OPENING SPECIFICATION NUMBER: 12-13 PROJECT TITLE: 8"' Street Smart Growth Revitalization Project TIME: 2:30 P.M. DATE: ESTIMATE: $4,367,112.00 Thursday, June 6, 2013 NO. BIDDER'S NAME BID AMOUNT ADDENDA BID SECURITY 1. PAL General Engineering, Inc. 5373 Eastgate Mall San Diego, CA 92121 $3,978,336.35 1-7 Rec'd Bond 2. Portillo Concrete 3527 Citrus Street Lemon Grove, CA 91945 $4,199,429.50 1-7 Rec'd Bond 3. Marathon General Inc. 2317 Auto Park Way Escondido, CA 92029 $4,459,036.10 1-7 Rec'd Bond 4. Weir Construction Corp. 2255 Barham Dr Escondido, CA 92029 $4,679,000.00 1-7 Rec'd Bond 5. LB Civil 11585 Sorrento Valley Rd. #104 San Diego, CA 92121 $4,839,522.00 1-7 Rec'd Bond 6. Koch -Armstrong P.O. Box 1190 Lakeside, CA 92040 $5,071.175.15 1-7 Rec'd Bond 7. Western Rim Construction 912 S. Andreasen , Suite 108 Escondido, CA 92029 $5,233,988.64 1-7 Rec'd Bond 2 Item No. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 9 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Description Mobilization / Demobilization (5) Indicates Specialty Item Construction Surveying and Replacement of Survey Markers (S) SWPPP Implementation Unclassified Excavation Clearing and Grubbing Unit I Qty. I Unit Price I LS LS LS LS 1 1 1 1 $ 80,521.00 $ 31,004.00 6,255.00 $ 61,000.00 •ering. Inc. Amount $ 80,521.00 $ 31,004.00 6,255.00 $ 61,000.00 Portillo Concrete, Inc. Unit Price I 100,000.00 $ 27,500.00 7,500.00 $ 270,000.00 Remove, Repair and/or Replace Street Pavers 4" PVC Storm Water Laterals, All Connections, and 4" Perf. Pipe with Filter Fabric 6" Mainline PVC Drain Line LS SF 1 144 $ 91,366.00 14.00 $ 91,366.00 2,016.00 $ 25,000.00 20.00 Amount 100,000.00 $ 27,500.00 7,500.00 $ 270,000.00 $ 25,000.00 2,880.00 Marathon 1 9I, Inc. Unit Price $ 387,000.00 $ 30,000.00 $ 33,000.00 $ 90,000.00 $ 274,000.00 18.00 I Amount 387,000.00 $ 30,000.00 $ 33,000.00 $ 90,000.00 $ 274,000.00 EA 60 $ 150.00 9,000.00 790.00 6" Mainline PVC Drain Clean -outs Construct PCC Driveways Construct PCC Alleyway Construct PCC Sidewalk LF 4,612 S 64.00 $ 295,168.00 35.25 Construct APWA 111-4 Ramp Construct Ped Ramp Caltrans A88A, Case A Construct Caltrans A90B Ramp Construct Caltrans A88A, Case C Ramp Construct Caltrans A88A, Case C modified Ramp Construct Caltrans A88A, Case G, F Ramps Grind Ramp and Install Domes Construct SDRSD G-6, Type 8-3 Curb Construct SDRSD G-6, Type 8-1 Curb EA SF SF SF 16 950.00 15,200.00 450.00 $ 47,400.00 $ 162,573.00 EA EA EA EA EA EA EA LF 5,100 1,230 39,143 1 $ 5.50 6.00 $ 28,050.00 7,380.00 10.00 12.00 $ 4.80 $ 187,886.40 5.00 49 2 1 2 28 9 858 2,000.00 1,760.00 1,950.00 2,050.00 2,100.00 1,690.00 350.00 22.00 2,000.00 $ 86,240.00 $ 3,900.00 2,050.00 4,200.00 $ 47,320.00 3,150.00 $ 18,876.00 2,100.00 1,800.00 2,100.00 2,100.00 2,000.00 1,800.00 500.00 20.00 Construct SDRSD G-6, Type 8-2 Curb modified Construct SDRSD G-2 Curb and Gutter Construct Rolled Curb and Gutter Construct PCC Cross Gutter Install 5" Decomposed Granite Construct 8" PCC Bus Pad Construct Stamped Concrete In Median Install Median Pavement Section, 2" Fill/4" C-2Asphalt Construct A-4 Cleanout Install New Sign Adjust Manhole Frame and Cover to Grade Adjust Water Meter Frame and Cover to Grade Adjust Gas Meter and Cover to Grade LF LF LF LF SF CY SF SF 2,164 825 2,987 2,794 2,532 7 6,980 1,860 $ 18.00 29.00 22.00 25.00 9.00 145.00 7.50 12.00 $ 38,952.00 $ 23,925.00 $ 65,714.00 $ 69,850.00 $ 22,788.00 1,015.00 $ 52,350.00 $ 22,320.00 20.00 25.00 25.00 25.00 20.00 150.00 9.00 10.00 SF EA EA EA 2,500 1 4 9 $ 1.50 6,225.00 356.00 550.00 3,750.00 6,225.00 1,424.00 4,950.00 6.00 7,000.00 350.00 250.00 910.00 7,200.00 $ 51,000.00 $ 14,760.00 $ 195,715.00 49.00 926.00 $ 2,100.00 $ 88,200.00 4,200.00 2,100.00 4,000.00 $ 50,400.00 4,500.00 $ 17,160.00 $ 43,280.00 $ 20,625.00 $ 74,675.00 $ 69,850.00 $ 50,640.00 1,050.00 $ 62,820.00 $ 18,600.00 $ 15,000.00 EA 29 120.00 3,480.00 100.00 Adjust TSPB Frame and Cover to Grade Adjust Gas Valve Cover to Grade EA EA 10 22 1,500.00 500.00 $ 15,000.00 $ 11,000.00 100.00 100.00 Adjust Water Valve Cover to Grade Relocate Signs EA EA 5 14 $ 120.00 350.00 $ 600.00 4,900.00 100.00 100.00 $ Signage, Striping and Pavement Markings (5) 40 Replace Traffic Loops EA 59 200.00 $ 11,800.00 245.00 LS 1 $ 132,000.00 132,000.00 105,700.00 7,000.00 1,400.00 2,250.00 2,900.00 1,000.00 2,200.00 500.00 1,400.00 6.25 2,592.00 $ 54,600.00 $ 225,988.00 $ 7.40 4.15 1,900.00 1,750.00 1,275.00 950.00 950.00 950.00 700.00 18.00 14.50 19.00 19.00 20.50 7.75 53.00 7.10 9.30 4.25 5,900.00 330.00 320.00 14,455.00 105,700.00 160.00 160.00 320.00 215.00 120.00 220.00 14,816.00 31,875.00 9,102.00 $ 162,443.45 $ 1,900.00 $ 85,750.00 2,550.00 950.00 1,900.00 $ 26,600.00 6,300.00 $ 15,444.00 $ 31,378.00 $ 15,675.00 $ 56,753.00 $ 57,277.00 $ 19,623.00 371.00 $ 49,558.00 $ 17,298.00 $ 10,625.00 5,900.00 1,320.00 2,880.00 4,640.00 1,600.00 7,040.00 1,075.00 1,680.00 12,980.00 132,000.00 132,000.00 EA 52 690.00 35,880.00 230.00 11,960.00 220.00 11,440.00 PAL General Engineering, nc. Amount Portillo Concrete, Inc. Marathon General, Inc. Item No. Description (5) Indicates Specialty Item Unit Qty. Unit Price Unit Price Amount Unit Price Amount 41 42 Phased Traffic Control LS 1 $ 120,688.00 $ 120,688.00 $ 30,000.00 $ 30,000.00 $ 145,000.00 $ 145,000.00 43 Install Smart Crosswalk Solar Powered LED System (5) EA 1 $ 17,250.00 $ 17,250.00 $ 14,300.00 $ 14,300.00 $ 14,000.00 $ 14,000.00 44 Install Type 1-B Pole for Solar Crosswalk System (S) EA 2 $ 4,600.00 $ 9,200.00 $ 2,700.00 $ 5,400.00 $ 2,609.00 $ 5,200.00 45 Install Illuminated Regulatory Ped Sign (S) Relocate EA 2 $ 1,150.00 $ 2,300.00 $ 2,875.00 $ 5,750.00 $ 2,800.00 $ 5,600.00 46 Solar Crosswalk Pole and System (5) Traffic EA 1 $ 3,450.00 $ 3,450.00 $ 3,100.00 $ 3,100.00 $ 3,000.00 $ 3,000.00 47 Signal Modification at D Avenue (S) Traffic LS 1 $ 163,300.00 $ 163,300.00 $ 176,000.00 $ 176,000.00 $ 170,000.00 $ 170,000.00 48 Signal Modification at National City Boulevard (5) LS 1 $ 2,300.00 $ 2,300.00 $ 57,000.00 $ 57,000.00 $ 55,000.00 $ 55,000.00 49 Remove and Relocate TSPB and Signal Crossing 2" Cold Milling EA 1 $ 2,300.00 $ 2,300.00 $ 500.00 $ 500.00 $ 490.00 $ 490.00 50 2" AC Finish Course (Cap) Overlay SF 127,680 $ 0.25 $ 31,920.00 $ 0.25 $ 31,920.00 $ 0.30 $ 38,304.00 TON 2,845 $ 88.00 $ 250,360.00 $ 93.50 $ 266,007.50 $ 81.80 $ 232,721.00 51 52 Construct 3" Asphalt Base Course of the 5" Pavement Section Construct TON 1,947 $ 82.00 $ 159,654.00 $ 97.00 $ 188,859.00 $ 99.50 $ 193,726.50 15" Class II Aggregate Base Course Procure and Install F-5 bench TON 8,393 $ 26.00 $ 218,218.00 $ 23.00 $ 193,039.00 $ 20.00 $ 167,860.00 53 per manufacturer's recommendations EA 7 $ 1,850.00 $ 12,950.00 $ 1,750.00 $ 12,250.00 $ 1,500.00 $ 10,500.00 54 Procure & Install F-6 Trash Receptacle per manufacturer's specifications EA 10 $ 1,620.00 $ 16,200.00 $ 1,500.00 $ 15,000.00 $ 1,200.00 $ 12,000.00 55 Procure & Install F-7 Bike Rack per manufacturer's specifications EA 7 $ 1,200.00 $ 8,400.00 $ 775.00 $ 5,425.00 $ 450.00 $ 3,150.00 56 Remove Bollards and dispose properly EA 5 $ 200.00 $ 1,000.00 $ 250.00 $ 1,250.00 $ 110.00 $ 550.00 '''...7 Remove existing Globe Light Removal and dispose properly. EA 32 $ 2,300.00 $ 73,600.00 $ 423.00 $ 13,536.00 $ 410.00 $ 13,120.00 58 Install LT-1 Vehicle & Pedestrian Combo Light per manufacturer's recommendations. Pole to be procured by City. (S) EA 13 $ 863.00 $ 11,219.00 $ 1,570.00 $ 20,410.00 $ 1,500.00 $ 19,500.00 59 Install LT-1 Double Vehicle Light per manufacturer's recommendations. Pole to be procured by City. (5) EA 5 $ 863.00 $ 4,315.00 $ 1,570.00 $ 7,850.00 $ 1,500.00 $ 7,500.00 60 Install LT-3 Single Acorn Ught per manufacturer's specifications. Pole to be procured by City. (S) Install LT-3 Double Acorn EA 38 $ 863.00 $ 32,794.00 $ 1,570.00 $ 59,660.00 $ 1,500.00 $ 57,000.00 61 Light per manufacturer's specifications. Pole to be procured by City. (5) Install Cafe Light String EA 17 $ 863.00 $ 14,671.00 $ 1,570.00 $ 26,690.00 $ 1,500.00 $ 25,500.00 62 per manufacturer's recommendations (50' lengths) between National City Blvd and D Ave. Light strings to be procured by City. (5) EA 33 $ 287.00 $ 9,471.00 $ 287.00 $ 9,471.00 $ 275.00 $ 9,075.00 63 64 City Procured Cafe Lighting Brackets for Palm with LED uplights. (S) City Procured EA 28 $ 230.00 $ 6,440.00 $ 157.00 $ 4,396.00 $ 150.00 $ 4,200.00 LED Light attached to Poles at Underpass. (5) EA 8 $ 115.00 $ 920.00 $ 310.00 $ 2,480.00 $ 300.00 $ 2,400.00 Install recommendations. 65 (5) LT-1 Pedestrian w/LED Projection Light per Manufacturer's LED Projection and Pole to be procured by City. EA 4 $ 863.00 $ 3,452.00 $ 1,800.00 $ 7,200.00 $ 1,750.00 $ 7,000.00 Install 66 to F-2 Decorative Pole per manufacturer's specifications. Pole be procured by City. EA 8 $ 863.00 $ 6,904.00 $ 1,500.00 $ 12,000.00 $ 1,440.00 $ 11,520.00 Procure 67 Decorative Paving P-2 & Install Decorative Paving P-2 per manufacturer's specifications SF 2,525 $ 12.00 t 30,300.00 $ 44.00 $ 111,100.00 $ 9.50 I 23,987.50 PAL General : ring, Inc. Amount Portillo Concrete, Inc. Marathon G I, Inc. Item No. Description (5) Indicates Specialty Item Unit Qty. Unit Price Unit Price Amount Unit Price Amount 68 Procure Decorative Paving P-1 & Install Decorative Paving P-1 per manufacturer's specifications SF 1,097 $ 11.35 $ 12,450.95 $ 30.00 $ 32,910.00 $ 12.45 $ 13,657.65 69 Procure P-4 Decomposed Granite and Install P-4 Decomposed Granite where tree grates are removed (West of National City Blvd.) Install per manufacturer's specifications CY 22 $ 350.00 $ 7,700.00 $ 55.00 $ 1,210.00 $ 42.50 $ 935.00 70 Remove and Dispose of Tree Guard EA 17 $ 150.00 $ 2,550.00 $ 165.00 $ 2,805.00 $ 317.00 $ 5,389.00 71 Remove and install tree grates from west of National City Blvd. Install east of National City Blvd. per manufacturer's recommendations. EA 34 $ 1,420.00 $ 48,280.00 $ 495.00 $ 16,830.00 $ 317.00 $ 10,778.00 72 Procure 59 new tree grates. Install all Tree Grates per manufacturer's specifications. EA 59 $ 1,420.00 $ 83,780.00 $ 1,450.00 $ 85,550.00 $ 317.00 $ 18,703.00 73 Install 5" per hour soil mixture per specification SF 18,500 $ 1.26 $ 23,310.00 $ 1.75 $ 32,375.00 $ 5.29 $ 97,865.00 74 Procure and Install Tri Con 36" box tree per specifications EA 99 $ 747.00 $ 73,953.00 $ 825.00 $ 81,675.00 $ 130.00 $ 12,870.00 75 Procure and Install Syg Rom 20 BTH per specifications EA 65 $ 1,380.00 $ 89,700.00 $ 842.00 $ 54,730.00 $ 130.00 $ 8,450.00 76 Procure and Install Pho Dac 16' BTH per specifications EA 2 $ 5,750.00 $ 11,500.00 $ 7,700.00 $ 15,400.00 $ 130.00 $ 260.00 77 Procure and Install Nas Ten per specifications EA 519 $ 8.00 $ 4,152.00 $ 33.00 $ 17,127.00 $ 130.00 $ 67,470.00 78 Procure and Install Sal Leu per specifications EA 57 $ 28.00 $ 1,596.00 $ 39.00 $ 2,223.00 $ 130.00 $ 7,410.00 79 Procure and Install Jun Pat per specifications EA 691 $ 8.00 $ 5,528.00 $ 10.00 $ 6,910.00 $ 37.00 $ 25,567.00 80 in - Procure and Install Ley Are per specifications EA 536 $ 9.00 $ 4,824.00 $ 33.00 $ 17,688.00 $ 37.00 $ 19,832.00 81 Procure and Install Fes Rub per specifications as required. EA 500 $ 7.00 $ 3,500.00 $ 10.00 $ 5,000.00 $ 37.00 $ 18,500.00 82 Remove existing tree and install with Tri Con 36" box tree per specifications where noted. EA 7 $ 1,725.00 $ 12,075.00 $ 1,650.00 $ 11,550.00 $ 340.00 $ 2,380.00 83 Irrigation System Complete LS 1 $ 74,750.00 $ 74,750.00 $ 72,600.00 $ 72,600.00 $ 340,000.00 $ 340,000.00 84 Install Irrigation Controller Pedestal Assembly (40 station) with Rain Sensor Enclosure Assembly EA 2 $ 15,525.00 $ 31,050.00 $ 12,425.00 $ 24,850.00 $ 1,600.00 $ 3,200.00 85 Provide Landscape and Maintenance Remote Controller for Irrigation Controller. EA 1 $ 2,932.00 $ 2,932.00 $ 1,050.00 $ 1,050.00 $ 21,000.00 $ 21,000.00 86 Install 1-1/2" Irrigation Backflow Preventer on Concrete Pad, with Stainless Steel Enclosure & Lock EA 2 $ 5,175.00 $ 10,350.00 $ 2,300.00 $ 4,600.00 $ 210.00 $ 420.00 87 Test and Certify Backflow Preventer Assembly (S) EA 2 $ 575.00 $ 1,150.00 $ 275.00 $ 550.00 $ 210.00 $ 420.00 88 Procure and install Irrigation Stainless Steel B.P. Cover per specification EA 2 $ 2,875.00 $ 5,750.00 $ 110.00 $ 220.00 $ 1,600.00 $ 3,200.00 89 Procure and install 1" Irrigation Water Meter including all fees (S) EA 2 $ 4,500.00 $ 9,000.00 $ 14,000.00 $ 28,000.00 $ 105.00 $ 210.00 90 Install Meter Pedestal including Panels (S) EA 5 $ 9,315.00 $ 46,575.00 $ 5,950.00 $ 29,750.00 $ 5,700.00 $ 28,500.00 91 Install Lighting Pull Box EA 190 $ 115.00 $ 21,850.00 $ 250.00 $ 47,500.00 $ 240.00 $ 45,600.00 92 Install 1" PVC Conduit, Sch 80 LF 5,000 $ 14.00 $ 70,000.00 $ 2.20 $ 11,000.00 $ 2.10 $ 10,500.00 93 Install 2" PVC Conduit, Sch 80 LF 13,000 $ 15.00 $ 195,000.00 $ 13.45 $ 174,850.00 $ 12.85 $ 167,050.00 94 Install #2 XHHW Wire (S) LF 31,000 $ 2.30 $ 71,300.00 $ 3.30 $ 102,300.00 $ 3.15 $ 97,650.00 95 Install #4 Bare Stranded Copper Ground Wire (S) LF 12,000 $ 1.70 $ 20,400.00 $ 1.10 $ 13,200.00 $ 1.05 $ 12,600.00 96 Install #6 XHHW Wire (5) LF 1,200 $ 1.20 $ 1,440.00 $ 2.20 $ 2,640.00 $ 2.10 $ 2,520.00 tem 97 Description (S) Indicates Specialty Item Install k4 XHHW Wire (S) Duplex Recepticle GFI Type w/ weatherproof cover Grounding (S) A-1 Deep Lift 8" AC Pavement Removal and Replacement A-2 Procure and install Bicycle Posts East of D Street A-3 Install City Provided Ped-Vehicle combo Light (MTS_NC) A-4 Install City Provided Single Acorn Light D to Highland • L enera ngmeertng, nc. ®Qty. Unit Price Amount 6,000 $ 1.40 $ 8,400.00 36 $ 7.00 $ 252.00 $ 29,900.00 $ 29,900.00 3,709,079.35 TON 1,000 $ EA 5 EAo $ EA 10 $ A-5 Install City Provided Cafe Lighting for Single Acorn Lights EA 18 Install City Procured Cafe Lighting Bradkets for Palms with A-6 Contractor Procured LED uplights 100.00 1,200.00 $ Portillo Concrete, Inc. Marathon General, Inc. Unit Price $ 2.20 $ 123.00 $ 7,777.00 100,000.00 $ 6,000.00 $ Amount $ 13,200.00 $ 4,428.00 $ 7,777.00 140.00 $ 775.00 $ 140,000.00 Unit Price Amount $ 2.10 $ 12,600.00 $ 120.00 $ 4,320.00 $ 7,500.00 $ 7,500.00 118.50 118,500.00 3,875.00 530.00 $ 2,650.00 5,800.00 460.00 $ 4,600.00 $ 1,500.00 $ 15,000.00 $ 1,450.00 $ 14,500.00 575.00 $ 10,350.00 $ 285.00 863.00 $ 3,452.00 1,500.00 $ 6,000.00 5,130.00 1,450.00 Procure Decorative Paving P-1 & Install Decorative Paving P-1 per A-7 manufacturer's specifications Procure Decorative Paving P-2 & Install Decorative Paving P-2 per A-8 manufacturer's specifications EA 29 575.00 16,675.00 $ 592.00 $ 17,168.00 $ 275.00 $ 4,950.00 570.00 SF 2,871 10.00 $ 28,710.00 $ 30.00 $ 86,130.00 S ®1,247 $ 10.00 $ 12,470.00 44.00 54,868.00 A-9 Procure and install 36" Box Trees Southside East of NC Blvd. $ 16,530.00 13.00 $ 37,323.00 10.00 $ 12,470.00 EA 4$ 1,725.00 $ 6,900.00 $ 825.00 $ 3,300.00 $ 105.00 $ 420.00 AX'-10 Procure and install Palm Trees (Syg Rom) between D and Highland EA 19$ 1,500.00 $ 28,500.00 $ 842.00 $ 15,998.00 $ 340.00 $ 6,460.00 A-11 Install City Provided Light- Ped Height Only at Underpass EA 4$ 575.00 $ 2,300.00 $ 310.00 $ 1,240.00 $ 300.00 $ 1,200.00 A-12 Provide and install LED Lights for LT-1 Pedestrian Pole (Southside) EA 8$ 3,680.00 $ 29,440.00 $ 3,875.00 $ 31,000.00 $ 3,750.00 $ 30,000.00 A-13 Procure and install Shrub (Sal Leu) between D Ave and Highland EA 36$ 35.00 $ 1,260.00 $ 38.50 $ 1,386.00 $ 31.75 $ 1,143.00 Procure and Install F-1, 6' Ornamental Iron Fence (on each side of A-14 8th east of 1-5 overpass per manufacturer's specifications LF 124$ 150.00 $ 18,600.00 $ 180.00 $ 22,320.00 269,257.00 31.50 $ 3,906.00 403,415.00 , t; -.sA $ 255,852.00 RESOLUTION NO. 2013 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT IN THE NOT TO EXCEED AMOUNT OF $3,709,079.35 TO PAL GENERAL ENGINEERING, INC., FOR THE 8TH STREET SMART GROWTH REVITALIZATION PROJECT, AUTHORIZING THE MAYOR TO EXECUTE SAID CONTRACT, AND AUTHORIZING 15% CONTINGENCY IN THE AMOUNT OF $556,362 FOR ANY UNFORESEEN CHANGES WHEREAS, the Engineering Division of the Development Services Department, in open session on June 6, 2013, did publicly open, examine, and declare seven sealed bids for the 8th Street Smart Growth Revitalization Project (the "Project"); and WHEREAS, PAL General Engineering, Inc., was the lowest responsive bidder with a total bid amount of $3,978,336.35, where $3,709,079.35 is the base bid and $269,257.00 is the additive bid; and WHEREAS, staff does not recommend awarding the additive bid items at this time; and WHEREAS, a 15% contingency amount up to $556,362 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 8th Street Smart Growth Revitalization Project to the lowest responsive, responsible bidder, to wit: PAL GENERAL ENGINEERING, INC. BE IT FURTHER RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute on behalf of the City a contract in the amount of $3,709,079.35 with PAL General Engineering, Inc., for the 8th Street Smart Growth Revitalization Project. Said Contract is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the City Council hereby authorizes a 15% contingency amount up to $556,362 for unforeseen changes to the Project. PASSED and ADOPTED this 18th day of June, 2013. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950 619-336-4228 phone / 619-336-4229 fax Michael R. Dalla, CMC - City Clerk June 27, 2013 Ms. Marla Jahshan PAL General Engineering 5373 Eastgate Mall San Diego, CA 92121 Dear Ms. Jahshan, On June 18th, 2013, Resolution No. 2013-97 was passed and adopted by the City Council of the City of National City, awarding a Contract to PAL General Engineering. We are enclosing for your records a certified copy of the above Resolution and a fully executed original Contract. Sincerely, Michael R. Dalla, CMC City Clerk Enclosures cc: Engineering Dept.