Loading...
HomeMy WebLinkAbout2014 CON Portillo Concrete - Highland Avenue Safety Enhancements ProjectOWNER - CONTRACTOR AGREEMENT HIGHLAND AVENUE SAFETY ENHANCEMENTS, CIP No. 13-07 This Owner -Contractor Agreement ("Agreement") is made by and between the City of National City, a California municipal corporation ("Owner"), 1243 National City Boulevard, California 91950 and Portillo Concrete, Inc., 3527 Citrus Street, Lemon Grove, CA 91945 ("Contractor"), on the 16th day of December, 2014, for the construction of the above referenced Project. In consideration of the mutual covenants and agreements set forth herein, the Owner and Contractor have mutually agreed as follows: 1. CONSTRUCTION The Contractor agrees to do all the work and furnish all the labor, services, materials and equipment necessary to construct and complete the Project in a turn -key manner in accordance with this Agreement and all documents and plans referenced in Exhibit "A", (hereinafter "Contract Documents"), in compliance with all relevant Federal, State of California, County of San Diego and City of National City codes and regulations, and to the satisfaction of the Owner. 2. CONTRACT PRICE Owner hereby agrees to pay and the Contractor agrees to accept as full compensation for constructing the project in accordance with these Contract Documents in an amount not to exceed the contract price as set forth in Exhibit "B" attached hereto and incorporated herein by reference. Payments to the Contractor shall be made in the manner described in the Special Provisions. 3. TIME FOR PERFORMANCE Time is of the essence for this Agreement and the Contractor shall construct the project in every detail to a complete and turn -key fashion to the satisfaction of the Owner within the specified duration set forth in the Special Provisions. 4. NON-DISCRIMINATION In the performance of this Agreement, the Contractor shall not refuse or fail to hire or employ any qualified person, or bar or discharge from employment any person, or discriminate against any person, with respect to such person's compensation, terms, conditions or privileges of employment because of such person's race, religious status, sex or age. 1 HIGHLAND AVENUE SAFETY ENHANCEMENTS CIP No. 14-04 5. AUTHORIZED OWNER REPRESENTATIVES On behalf of the Owner, the Project Manager designated at the pre -construction meeting shall be the Owner's authorized representative in the interpretation and enforcement of all Work performed in connection with this Agreement. 6. WORKERS' COMPENSATION INSURANCE a) By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement. b) The Contractor shall require each subcontractor to comply with the requirements of Section 3700 of the Labor Code. Before commencing any Work, the Contractor shall cause each subcontractor to execute the following certification: "I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement." 7. ENTIRE AGREEMENT; CONFLICT The Contract Documents comprise the entire agreement between the Owner and the Contractor with respect to the Work. In the event of conflict between the terms of this Agreement and the bid of the Contractor, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid conflicting herewith. 8. MAINTENANCE OF AGREEMENT DOCUMENTATION Contractor shall maintain all books, documents, papers, employee time sheets, accounting records and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by Owner and copies thereof shall be furnished to Owner if requested. 9. INDEPENDENT CONTRACTOR At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee, agent, partner or joint venturer of the Owner. 2-2 HIGHLAND AVENUE SAFETY ENHANCEMENTS CIP No. 14-04 Owner shall have the right to control Contractor insofar as the results of Contractor's services rendered pursuant to this Agreement; however, Owner shall not have the right to control the means by which Contractor accomplishes such services. 10. LICENSES AND PERMITS Contractor represents and declares to Owner that it has all licenses, permits, qualifications and approvals of whatever nature which are legally required to practice its profession. Contractor represents and warrants to Owner that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any licenses, permits, qualifications or approvals which are legally required for Contractor to practice its profession. 11. HOLD HARMLESS AND INDEMNIFICATION Contractor shall protect, indemnify, defend (with counsel selected and satisfactory to the party being held harmless and indemnified) and hold harmless the City of National City, and all its private consultants and for each their elected officials, appointees, officers, agents, employees, contract employees, consultants, heirs and assigns from and against any and all types of liability, causes of action, claims, damages, demands, losses, expenses (including, but not limited to all attorneys' fees and legal costs), arising out of or resulting from, either directly or indirectly in accordance with the requirements of the special provisions. 12. GOVERNING LAW, VENUE This Agreement and the Contract Documents shall be construed under and in accordance with the laws of the State of California, and the appropriate venue for any action or proceeding arising from this Agreement and/or the Contract Documents shall be had in the Superior Court of San Diego, Central Branch. 13. COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall for all purposes be deemed to be an original. 14. FALSE CLAIMS Contractor acknowledges that if a false claim is submitted to the Owner, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the Owner seeks to recover penalties pursuant to the False 2-3 HIGHLAND AVENUE SAFETY ENHANCEMENTS CIP No. 14-04 Claims Act, it is entitled to recover its litigation costs, including attorneys' fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. I have read and understood all of the provisions of this Section 15, above: (Initial) 15. AGREEMENT MODIFICATION This Agreement and the Contract Documents may not be modified orally or in any manner other than by an amendment in writing and signed by the Owner and the Contractor. (Initial) IN WITNESS WHEREOF this Agreement is executed as of the date first written above. Mayor, City of National City Attest: City Clerk, City of N ional City City, State and Zip Code Contractor: POR a/ti (Owner/Officer signature) Print name and title (Sond officer signature if a corporation) -'rnator (o & CEO Print name and title Contractor's City Business License No. at) I LiCt IR B C� State Contractor's License No. and Class 352(4 QkLs a Business street address Lmomy1CJ q (LS <33-o 133 Federal Tax ID no. (Notary acknowledgement of execution by all PRINCIPALS OF CONTRACTOR must be attached.) 2-4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County of San Diego On 1/20/15 Date } before me, Cyndi Beilman, Notary Public personally appeared Tina Portillo Insert Name of Notary exactly as it appears on the official seal Name(s) of Signer(s) , Notary Public, �^'"�weesvommervariverveswiswere CYNDI Bre �M� W % `f . COMM. #2033349 oe NOTARY PUBLIC • CALIFORNIA g SAN DIEGO COUNTY Commission Expires Aug 10' 2017 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 han r Signature OPTIONAL and official Signature f Notary Public Cyndi Beilman 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 the 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) Number of Pages: 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 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 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County of San Diego On 1/20/15 Date } before me, Cyndi Beilman, Notary Public personally appeared Mario Portillo Insert Name of Notary exactly as it appears on the official seal Name(s) of Signer(s) , Notary Public, CYNDI BEILMAN COMM. #2033349 NOTARY PUBLIC • CALIFORNIA SAN DIEGO COUNTY Commission Expires Aug 10, 2017 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 hannd official Signature OPTIONAL Signature erNotary Public Cyndi Beilman 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 the 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: Number of Pages: ❑ 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 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 HIGHLAND AVENUE SAFETY ENHANCEMENTS CIP No. 14-04 EXHIBIT A CONTRACT DOCUMENTS Owner/Contractor Agreement Bid Schedule Addenda Plans Special Provisions (Specifications) San Diego County Regional Standard Drawings City of National City Standard Drawings Standard Specifications for Public Works Construction and Regional Supplements (Greenbook) State Standard Specifications State Standard Plans California Building, Mechanical, Plumbing and Electrical Codes Permits issued by jurisdictional regulatory agencies Electric, gas, and communications companies specifications and standards Sweetwater Authority specifications and standards Specifications, standards and requirements of MTS, BNSF, SANDAG, Port of San Diego and all other agencies that may be adjacent and/or affected by the project. 2-5 HIGHLAND AVENUE SAFETY ENHANCEMENTS CIP No. 14-04 EXHIBIT B CONTRACT PRICE (NOTE - TO BE COMPLETED TO CONFORM WITH BID SCHEDULE ITEMS) 2-6 BIDDER'S PROPOSAL HIGHLAND AVENUE SAFETY ENHANCEMENTS, CIP No. 13-07 The undersigned hereby proposes to furnish any and all labor, materials, and equipment for the HIGHLAND AVENUE SAFETY ENHANCEMENTS, CIP No. 13-07, and appurtenant work in connection therewith, said work to be done and materials to be furnished in strict conformity with the plans, specifications, all other referenced documents and all codes and regulations the prices shown on this proposal. The undersigned has examined the location of the proposed work, and is familiar with the plans and specifications and the local conditions at the place the work is to be done, and also understands that the project will be completely constructed in turn -key condition acceptable to the Owner be for the price of the proposal, including all fees and sales tax upon any materials so furnished. The undersigned has also carefully checked all of the figures given and understands that the Owner will be responsible for any errors or omissions on the part of the undersigned in submitting this proposal. The Contractor confirms that his/her bid is submitted with respect to the changes to the contract included in all addenda issued by the Owner. Receipt is hereby acknowledged of Addenda No.(s) i/ Z f 31 Li - WARNING: If an addendum or addenda have been issued by the Owner and not noted above as being received by the bidder, this Bid may be rejected. The undersigned hereby proposes to furnish any and all labor, materials, and equipment to construct the HIGHLAND AVENUE SAFETY ENHANCEMENTS, CIP No. 13-07, and appurtenant work in connection therewith in strict conformity with the plans, specifications, all other referenced documents and all codes and regulations for the prices and amounts presented in this proposal. Item No. Description (S) Indicates Specialty !ten Unit Qty. Unit Price Extension (Quantity x Unit Price) BASE BID 1 Mobilization / Demobilization LS 1 4 2S-1003` 42.K, cD,...)— 2(S) Surveying, including Construction Staking and Monument Re -Establishment LS 1 321 Si..,-- At 3 L, Coo " 3 Clearing and Grubbing LS 1 4 0w— A4 L.(.' 00 — 4(S) SWPPP Preparation LS 1 V 9, Go — `V( 9, Cr, 00 — 5 SWPPP Implementation LS 1 kt 1 S, boo' 14.1 S, Coo — 1-1 Addendum No. 3 HIGHLAND AVENUE SAFETY ENHANCEMENTS CIP No. 13-07 BID PROPOSAL Item No. Description (S) Indicates Specialty Item Unit Qty. Unit Price Extension (Quantity x Unit Price) 6 Traffic Control LS 1 4 33, oc 3 (6t O0o — .7 Unclassified Excavation LS 15 1 2S� c > 41 2_ S, 0 0— 8 Type II Slurry Seal SY 18,200 I.(4- 11 3 of 0 3a — 9 PCC Median Curb (6" CF) per SDRSD G-6 LF 1,100 3fl' 3 3, oan 10 Stamped & Colored PCC SF 5,650 �. Al 4 �e p 11 PCC Curb & Gutter (6" CF) LF 650 3 S P 1( 2. Z- '7 SCi f 12 Construct Cross Gutter per SF 300 ki I S^ 4$ S 13 PCC Sidewalk (4" thick) per SF 6,500 �o .. 3 �'� i � 14 PCC Curb Ramps per EA 32 ! 00 " t9O t `3c� �" 15 Type A Passageway per Caltrans Standard Plan EA 2 ii, Sf 000- (Cj` 030 16 Adjust water meter to new EA 6 „ (I -I tao 10# S. Goo -- 17 Adjust water valve to new finished grade and install two-piece Cast Iron Cover EA 6 i/ (0 lc - 411,G Icy' 18 Traffic Signing, striping and pavement markers and markings, including Type I pedestrian barricades per Caltrans STD Plan ES-70 LS 1 01 SW (00e SOO r' 19(S) Furnish and Install Loop EA 26 `� At. 4 40 - A` t E 14 4.o ` 20 Construct 5" asphalt concrete TON 148 I (�}j S ""Iii Z�, B� r- 21 Construct 6" Joint Plain Concrete Pavement CY 88 Ai 2t�s Z..; 3 20 " 22 Install 18" Trench Drain LF 330 At 2c34 _ 44 (13,"1 7.4-D" 1-2 Addendum No. 3 HIGHLAND AVENUE SAFETY ENHANCEMENTS CIP No. 13-07 BID PROPOSAL Item No. Description (S) Indicates Specialty Item Unit Qty. Unit Price Extension (Quantity x Unit Price) 23 Provide and install Trench Drain Underdrain Pipe per SDRSD D-27 EA 2 433t C,(.,20 — 24 Adjust pullbox to grade EA 16 3 3a ' 14 S,'2- (6® 25 Demolition, removal and disposal of existing electrical and street lighting including foundations and repair to existing surface improvements LS 1 4SS,WY- 5 S,c)D3 "" 26(S) Furnish and install Type A - Double LED Acorn Fixture on Decorative 16' pole and base including installation of pole foundation and surface improvement repair EA 23 49.700-22;100 — 27(S) Furnish and install Type B - Double LED Acorn Fixture on Mast Arm at Center Divider, 23' Pole and decorative base including the installation of pole foundation and existing improvements repair EA 6 1 o,i co il (9 its J� 28(S) Furnish and install Type C - Single LED Acorn on Mast Arm and decorative pole and base including the installation of pole foundation and existing improvements repair EA 7 j+ GLD IS '' �OI b — S_ .01 - 29(S) Furnish and install Type D - LED Cobra Head on Top of traffic light and reconnect fixture with existing circuit EA 8 �g1D - -7 o�O - 1-3 Addendum No. 3 HIGHLAND AVENUE SAFETY ENHANCEMENTS CIP No. 13-07 BID PROPOSAL Item No. Description (S) Indicates Specialty Item Unit Qty, Unit Price Extension (Quantity x Unit Price) 30(S) Furnish and install Type E - Single LED Acorn on Mast Arm and decorative pole and base including the installation of pole foundation and existing improvements repair EA 9 Wr OoO -. .;0 a 5-1, 80D 31 Furnish and install electrical/street lighting circuit, 1" C, DB60 including surface improvements repair LF 500 - ) (0 s-- 32 Furnish and install electrical/street lighting circuit, 2" C, Schedule 80, PVC including existing improvements repair IF 2000 5,N -701 c d 33(S) Furnish and instal! #8 and #10 conductors LF 6 000 ' AiS - 3 acam? — � 34 Provide and install No.5 Caltrans Handholes EA 53 is SS`� 2 g� �o - Base Bid TotalALTERNATE i'� 2-SO 9V-0-- BID Item tip. Description (S) Indicates Specialty Item Unlit Qty. Unit Price Extension (Quantity x Unit Price) A-1 Type 2 REAS plant mix SY 18,200 S, t.1 c ‘j ` 2 Alternate Bid Tcata. j ` C S, a, e° EASE BID AND ALTERNATE 1 BID TOTAL is-Tgp - Z.® --�- In the event of a variation between the unit price and extended total, the unit price will be used and the corrected extension will be considered as the amount bid. If the bid is illegible and cannot be reconciled it will be considered non -responsive and will not be considered for award. 1-4 Addendum No. 3 Item No.(S)Indicates Description Specialty Item p Y Unit Qty. Unit Price Extension (Quantity x Unit Price) BASE BID 1 Mobilization / Demobilization LS 1 2(S) Surveying, including Construction Staking and Monument Re -Establishment LS 1 3 Clearing and Grubbing LS 1 4(S) SWPPP Preparation LS 1 5 SWPPP Implementation LS 1 6 Traffic Control LS 1 7 Unclassified Excavation LS 1 8 Type II Slurry Seal SY 18,200 9 PCC Median Curb (6" CF) per SDRSD G-6 LF 1,100 10 Stamped & Colored PCC Median (4" thick) SF 5,650 11 PCC Curb & Gutter (6" CF) per SDRSD G-2 LF 650 12 Construct Cross Gutter per SDRSD G-12 SF 300 13 PCC Sidewalk (4" thick) per SDRSD G-7 SF 6 500 ' 14 PCC Curb Ramps per Caltrans Drawings EA 32 15 Type A Passageway per Caltrans Standard Plan A88B EA 2 16 Adjust water meter to new finished grade EA 6 Item No. Description (S) Indicates Specialty Item Unit Qty. Unit Price Extension (Quantity x Unit Price) 17 Adjust water valve to new finished grade and install two-piece Cast Iron Cover EA 6 18 Traffic Signing, striping and pavement markers and markings, including Type I pedestrian barricades per Caltrans STD Plan ES-70 LS 1 19(S) Furnish and install Loop Detectors EA 26 20 Construct 5" asphalt concrete TON 148 21 Construct 6" Joint Plain Concrete Pavement CY 88 22 Install 18" Trench Drain LF 330 23 Provide and install Trench Drain Underdrain Pipe per SDRSD D-27 EA 2 24 Adjust pullbox to grade EA 16 25 Demolition, removal and disposal of existing electrical and street lighting including foundations and repair to existing surface improvements LS 1 26(S) Furnish and install Type A - Double LED Acorn Fixture on Decorative 16' pole and base including installation of pole foundation and surface improvement repair EA 23 Item No. Description (S) Indicates Specialty Item Unit Qty. Unit Price Extension (Quantity x Unit Price) 27(S) ( Furnish and install Type B - Double LED Acorn Fixture on Mast Arm at Center Divider, 23' Pole and decorative base including the installation of pole foundation and existing improvements repair EA 6 28(S) Furnish and install Type C - Single LED Acorn on Mast Arm and decorative pole and base including the installation of pole foundation and existing improvements repair EA 7 29(S) Furnish and install Type D - LED Cobra Head on Top of traffic Tight and reconnect fixture with existing circuit EA 8 30(S) Furnish and install Type E - Single LED Acorn on Mast Arm and decorative pole and base including the installation of pole foundation and existing improvements repair EA 9 31 Furnish and install electrical/street lighting circuit, 1" C, DB60 including surface improvements repair LF 500 32 Furnish and install electrical/street lighting circuit, 2" C, Schedule 80, PVC including existing improvements repair LF 2000 33(S) Furnish and install #8 and #10 conductors LF 6 000 ' Item No. Description (S) Indicates Specialty Item Unit Qty. Unit Price Extension (Quantity x Unit Price) 34 Provide and install No.5 Caltrans Handholes EA 53 Base Bid Total ALTERNATE BID Item No. Description (S) Indicates Specialty Item Unit Qty. Unit Price Extension (Quantity x Unit Price) A-1 Type 2 REAS plant mix SY 18,200 Alternate Bid Total BASE BID AND ALTERNATE BID TOTAL HIGHLAND AVENUE SAFETY ENHANCEMENTS CIP No. 14-04 CORPORATE CERTIFICATE 141 1 O o r l(l Lo certify that I am the Secretary of the Corporation nod as Contractor in the foregoing Contract; that who signed said contract on behalf of the Contractor, was then �'� `.�C�) 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/, .gd-dap certify that I am the Secretary of the Corporation ed as Contractor in the foregoing Contract; that who signed said contract on behalf of the Contractor, was then V 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: 2-7 HIGHLAND AVENUE SAFETY ENHANCEMENTS CIP No. 14-04 STATE OF mita, PARTNERSHIP CERTIFICATE COUNTY OF ) ss On this day of , 2015, before me, the undersigned, a Notary Public in and for said County and State, personally appeared: (Notary Seal) known to me to be of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. Signature: Name (Type or Print): (Notary Public in and for said County and State) My Commission expires: 2-8 Issued in Triplicate HIGHLAND AVENUE SAFETY ENHANCEMENTS CIP No. 14-04 PERFORMANCE BOND Premium will be adjusted based on final contract price Bond No.: 024057898 Premium: $14,849.00 WHEREAS, the City Council of the City of National City, by Resolution No. 2014-181, passed the 16th day of December, 2014 has awarded to Portillo Concrete, Inc., hereinafter designated as the "Principal", the HIGHLAND AVENUE SAFETY ENHANCEMENT, CIP No. 13-07. 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 Ohio Casualty 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 ONE MILLION, THREE HUNDRED SEVENTY NINE THOUSAND, TWO HUNDRED TWENTY DOLLARS AND NO CENTS ($1,379,220.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our hefts, 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. 2-9 HIGHLAND AVENUE SAFETY ENHANCEMENTS CIP No. 14-04 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 16th day of January 2015, The Ohio Casual Insurance Company (SEAL) MOW° (SEAL) i Beilman, Attorney -in -Fact Surety (SEAL) Portillo C rete, I (SEAL) (SEAL) (SEAL) 2-10 Principal HIGHLAND AVENUE SAFETY ENHANCEMENTS CIP No. 14-04 PERFORMANCE BOND ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF ) ss COUNTY OF On this day of , 2015, 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; **SEE ATTACHED ACKNOWLEDGMENT*** Name (Type or Print): Notary Public in and for said County and State My Commission expires: 2-11 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County of San Diego On January 16, 2015 Date before me, Dana L. Michaelis personally appeared Cyndi Beilman } Insert Name of Notary exactly as it appears on the official seal Name(s) of Signer(s) , Notary Public, z z DANA L. MICHAELIS Commission # 1980195 Notary Public - California z San Diego County My Comm. Expires Jun 27, 2016 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 hand nd official seal.. Signature --- Signature of Notary Public Dana L. Michaelis 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 the 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: Signer's Name: E Individual ❑ Corporate Officer —Title(s): ❑ Partner ❑ Limited ❑ General g Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here ❑ 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 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No 6777843 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Anne Wright; Cyndi Beilman; Dana Michaelis all of the city of La Mesa state of CA each individually if there be more than one named. its true and lawful attomey-in-fact to make, execute. seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds. recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attomey has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this loth day of November , 2014 STATE OF PENNSYLVANIA ss COUNTY OF MONTGOMERY American Fire and Casualty Company The Ohio Casualty Insurance Company Liberty Mutual Insurance Company West American Insurance Company By: /..tvpf David M. Carey Assistant Secretary On this loth day of November , 2014 , before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Insurance Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, 1 have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting. Pennsylvania, on the day and year first above written. < �� ,�, L "� �" ) Teresa Pastella , Notary Public This Power of Attomey is made and executed pursuant to and by authority of the following By-laws and Authorizations of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV -OFFICERS - Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings. bonds. recognizances and other surety obligations. Such attomeys-in-fact. subject to the limitations set forth in theirrespective powers of attomey, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. 'When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII - Execution of Contracts - SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company. authorizes David M. Carey. Assistant Secretary to appoint such attomeys-in- fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attomey issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Gregory W. Davenport, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attomey of which the foregoing is a full, true and correct copy of the Power of Attomey executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 16th day of January 20 15 Lt-1-1110-) t� By: By: Gregory W. Davenport, Assistant Secretary >, to to a> N to O to c> Cf) 'W O> C EL o 0. Q M o• 4 • c 3� o f ac y0 C O O c 4- • d :a3 is d >.0 O • N E co °i) 00 U o 1 LMS_12873_122013 90f 100 Issued in Triplicate Premium will be adjusted based on final contract price HIGHLAND AVENUE SAFETY ENHANCEMENTS CIP No, 14-04 PAYMENT BOND Bond No.: 024057898 Premium: Included in Performance Bond WHEREAS, the City Council of the City of National City, by Resolution No. 2014-181, passed the 16th day of December, 2014 has awarded Portillo Concrete, Inc., hereinafter designated as the "Principal", the HIGHLAND AVENUE SAFETY ENHANCEMENTS, CIP No. 13-07. 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 Ohio Casualty 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 ONE MILLION, THREE HUNDRED SEVENTY NINE THOUSAND, TWO HUNDRED TWENTY DOLLARS AND NO CENT ($1,379,220.00) lawful money of the United States, for e 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 California Civil Code, so as to give a right of action to such persons or their assigns in any suit brought upon this bond. 2-12 HIGHLAND AVENUE SAFETY ENHANCEMENTS CIP No. 14-04 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 16th day of January , 2015. The Ohio Casualt Insurance Company(SEAL) (SEAL) (SEAL) Cyndi Beilman, Attorney -in -Fact Surety Portillo ncrete, (SEAL) aAjV (SEAL) 2-13 Principal (SEAL) HIGHLAND AVENUE SAFETY ENHANCEMENTS CIP No. 14-04 ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF ) ss COUNTY OF On this day of , 2015, 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: ***SEE ATTACHED ACKNOWLEDGEMENT**** Name (Type or Print): (Notary Public in and for said County and State) My Commission expires: 2-14 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County of San Diego On January 16, 2015 Date before me, Dana L. Michaelis personally appeared Cyndi Beilman } Insert Name of Notary exactly as it appears on the official seal Name(s) of Signer(s) , Notary Public, z z z DANA L. MICHAELIS Commission # 1980195 Notary Public - California San Diego County My Comm. Expires Jun 27, 2016 Place Notary Seal Above z z 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 ha Signature OPTIONAL d official se Signature of Notary Public Dana L. Michaelis 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 the 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: Number of Pages: ❑ Individual ❑ Corporate Officer —Title(s): ❑ Partner ❑ Limited ❑ General d 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 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. 6777844 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name. constitute and appoint, Anne Wright; Cyndi Beilman; Dana Michaelis all of the city of La Mesa state of CA each individually if there be more than one named, its true and lawful attomey-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed. any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this loth day of November 2014 American Fire and Casualty Company The Ohio Casualty Insurance Company Liberty Mutual Insurance Company West American Insurance Company N a) STATE OF PENNSYLVANIA 1- COUNTY OF MONTGOMERY On this loth day of November 2014 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and w Casualty Company, Liberty Mutual Insurance Company. The Ohio Casualty Insurance Company, and West American Insurance Company. and that he, as such. being authorized so to do, O execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. > dta C rn to O L. ai O4; i cm ARTICLE IV -OFFICERS - Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President. and subject ; to such limitation as the Chairman or the President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, O C acknowledge and deliver as surety any and all undertakings. bonds, recognizances and other surety obligations. Such attomeys-in-fact, subject to the limitations set forth in their respective E powers of attomey, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so L executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. • C ARTICLE XIII - Execution of Contracts - SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president,' and subject to such limitations as the chairman or the president may prescribe. shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, o V seal, acknowledge and deliver as surety any and all undertakings. bonds. recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their Z respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation - The President of the Company. acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attomeys-in- fact as may be necessary to act on behalf of the Company to make. execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. ss IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. By: Assistant Secretary Teresa Pastetla %Giatr-/ Notary Public This Power of Attomey is made and executed pursuant to and by authority of the following By-laws and Authorizations of American Fire and Casualty Company. The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: Authorization - By unanimous consent of the Company's Board of Directors. the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attomey issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed I, Gregory W. Davenport, the undersigned. Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company. Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attomey of which the foregoing is a full. true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, 1 have hereunto set my hand and affixed the seals of said Companies this 1 6 th day of January LMS_12873_122013 By: 20 15 Gregory W. Davenport, Assistant Secretary 10 of 100 PORTI-1 OP ID: VP AilcaRar CERTIFICATE OF LIABILITY INSURANCE /Y DATE(MM/DDYYY) 01/19/2015 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 Phone: 619-937-0164 Rancho Mesa Insurance Services 250 Riverview Parkway #401 Fax: 619-937-0168 Santee, CA 92071 Samuel L. Clayton NAME: NAME: la° No Ext): (A/CC, No): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Valley Forge Insurance Co 20508 INSURED Portillo Concrete Inc. 3527 Citrus Street Lemon Grove, CA 91945 INSURER B : Golden Eagle Insurance Corp 10836 INSURER C : Continental Casualty Company 20443 INSURER D : Insurance Company of the West 27847 INSURER E : 24198 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. INSRLT TYPE OF INSURANCE NSR W VD POLICY NUMBER POLICY EFF (MMIDDIYYYY) POLICY EXP (MMIDD/YYYY) LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY X X 6012668068 07/29/2014 07/29/2015 EACH OCCURRENCE $ 1,000,000 DAMAGEiO RENTED PREMISES (Ea occurrence) $ 100,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $ 5,000 X CONTRACTUAL LIAB PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE POLICY LIMIT APPLIES X PROCT JE PER: LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ B AUTOMOBILE X X LIABILITY ANY AUTO ALL OWNED X SCHEDULED BA8679503 05/29/2014 05/29/2015 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ Comp/Coll Ded. $ 500 C X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE 5086489816 07/29/2014 07/29/2015 EACH OCCURRENCE $ 2,000,000 AGGREGATE $ 2,000,000 DED RETENTION$ $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y/ N N / A X WSD 5000765 06 10/21/2014 10/21/2015 X WC STATU- TORY LIMITS OTH- ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 E Rented/Leased Equipment CBP8678803 05/29/2014 05/29/2015 Limit 250,000 Ded 500 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) RE: PCI JOB #15-02 — HIGHLAND AVENUE SAFETY ENHANCEMENTS, CIP 13-07. CERTIFICATE HOLDER IS INCLUDED AS ADDITIONAL INSURED PER FORM G-140331—D ATTACHED. PRIMARY AND NON—CONTRIBUTORY WORDING APPLIES. CERTIFICATE HOLDER CANCELLATION CITYNAI CITY OF NATIONAL CITY 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 ACORD 25 (2010/05) © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 6012668068 C'NA G-18652-J (Ed. 07-12) CONTRACTORS' GENERAL LIABILITY EXTENSION ENDORSEMENT It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows. The changes this endorsement makes do not apply with respect to any coverage that has been excluded or amended by another endorsement attached to this policy. SCHEDULE Coverage is summarized below. For particulars and limitations affecting each coverage, please refer to the corresponding policy provisions in the body of this endorsement. 1. Additional Insureds Seven additional insured extensions. 2. Bodily Injury — Expanded Definition 3. Broad Knowledge of Occurrence/ Notice of Occurrence 4. Broad Named Insured 5. Broadened Liability Coverage For Damage To "Your Product" And "Your Work" Limit: $100,000. 6. Contractual Liability — Railroads Expanded definition of "insured contract." 7. Contractual Liability For Personal And Advertising Injury 8. Electronic Data Liability Loss of Electronic Data Limit: $100,000. 9. Expanded Personal And Advertising Injury - Discrimination Or Humiliation 10. Expected Or Intended Injury Reasonable force — "bodily injury" or "property damage." 11. General Aggregate Limits Of Insurance - Per Project 12. In Rem Actions 13. Incidental Health Care Malpractice Coverage 14. Joint Ventures/Partnership/Limited Liability Companies Coverage for your interest in such terminated or ended organizations. 15. Legal Liability/Alienated Premises/Borrowed Equipment Coverage Extended perils. Default limit increased to $500,000 for Damage to Premises Rented To You. $25,000 limit for "property damage" to borrowed tools or equipment at a jobsite. 16. Liberalization Clause 17. Liquor Liability Coverage Extension 18. Medical Payments Limits increased to $15,000. Reporting increased to three years from the date of accident. 19. Non -owned Aircraft Coverage 20. Non -owned Watercraft Increased to 75 feet. 21. Primary And Non -Contributory To Other Insurance 22. Property Damage - Elevators 23. Supplementary Payments Cost of bail bonds increased to $5,000. Daily loss of earnings increased to $1,000. 24. Unintentional Failure To Disclose Hazards 25. Waiver of Subrogation - Blanket Waiver of subrogation where required by written contract or written agreement. 26. Wrap -Up Extension G-18652-J (Ed. 07-12) Page 1 of 12 Copyright, CNA All Rights Reserved. C'NA 1. ADDITIONAL INSURED SECTION II — WHO IS AN INSURED is amended to include as an insured any person or organization (called additional insured) described in paragraphs A. through G. below whom you are required to add as an additional insured on this policy under a written contract or written agreement, provided the written contract or written agreement: i. Is currently in effect or becomes effective during the term of this policy; and ii. Was executed prior to the "bodily injury," "property damage" or "personal injury and advertising injury" for which the additional insured seeks coverage. However, we will not provide the additional insured any broader coverage or any higher limit of insurance than the least that is: a. The maximum permitted by law; b. Required in the written contract or written agreement; c. Afforded to you under this policy; or d. Described in the applicable paragraphs A. through G. below. A. Controlling Interest Any persons or organizations with a controlling interest in you but only with respect to their liability arising out of: 1. Their financial control of you; or 2. Premises they own, maintain or control while you lease or occupy these premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for such additional insured. B. Co-owner of Insured Premises A co-owner of a premises co -owned by you and covered under this insurance but only with respect to the co -owners liability as co-owner of such premises. C. Lessor - Equipment 1. Any person or organization from whom you lease equipment, but only with respect to liability for "bodily injury," "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization. G-18652-J (Ed. 07-12) 2. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. D. Lessor - Land An owner or other interest from whom land has been leased by you but only with respect to liability arising out of the ownership, maintenance or use of that specific part of the land leased to you and subject to the following additional exclusions: This insurance does not apply to: 1. Any "occurrence" which takes place after you cease to lease that land; or 2. Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. E. Lessor - Premises A manager or lessor of premises but only with respect to liability arising out of the ownership, maintenance or use of that specific part of the premises leased to you and subject to the following additional exclusions: This insurance does not apply to: 1. Any "occurrence" which takes place after you cease to be a tenant in that premises; or 2. Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. F. Mortgagee, Assignee or Receiver A mortgagee, assignee or receiver but only with respect to their liability as mortgagee, assignee, or receiver and arising out of the ownership, maintenance, or use of a premises by you. This insurance does not apply to structural alterations, new construction or demolition operations performed by or for such additional insured. G. State or Governmental Agency or Subdivision or Political Subdivisions A state or governmental agency or subdivision or political subdivision subject to the following provisions: 1. This insurance applies only with respect to the following hazards for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization in connection with premises G-18652-J (Ed. 07-12) Page 2 of 12 Copyright, CNA All Rights Reserved. C'NA you own, rent, or control and to which this insurance applies: a. The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or b. The construction, erection, or removal of elevators; or c. The ownership, maintenance or use of any elevators covered by this insurance. 2. This insurance applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization. 3. This insurance does not apply to: a. "Bodily injury," "property damage" or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or b. "Bodily injury" or "property damage" included within the "products -completed operations hazard." A governmental permit which requires you to add the governmental entity as an additional insured will trigger this Provision 1. as if the permit were a written contract. 2. BODILY INJURY — EXPANDED DEFINITION SECTION V — DEFINITIONS, the definition of "bodily injury" is changed to read: "Bodily injury" means bodily injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury by that person at any time which results as a consequence of the bodily injury, sickness or disease. 3. BROAD KNOWLEDGE OF OCCURRENCE/ NOTICE OF OCCURRENCE Condition 2. Duties in The Event of Occurrence, Offense, Claim or Suit of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is amended to add the following provisions: A. BROAD KNOWLEDGE OF OCCURRENCE G-18652-J (Ed. 07-12) You must give us or our authorized representative notice of an "occurrence," offense, claim, or "suit" only when the "occurrence," offense, claim or "suit" is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) An executive officer or the employee designated by you to give such notice, if you are a corporation; or (4) A manager, if you are a limited liability company. B. NOTICE OF OCCURRENCE Your rights under this Coverage Part will not be prejudiced if you fail to give us notice of an "occurrence," offense, claim or "suit" and that failure is solely due to your reasonable belief that the "bodily injury" or "property damage" is not covered under this Coverage Part. However, you shall give written notice of this "occurrence," offense, claim or "suit" to us as soon as you are aware that this insurance may apply to such "occurrence," offense claim or "suit." 4. BROAD NAMED INSURED A. Any subsidiary or affiliate organization, other than a partnership, joint venture or limited liability company, in which a Named Insured specifically shown in the Declarations has management control, directly or through one or more subsidiary organizations, at the time of loss will qualify as a Named Insured but only if there is no other similar insurance available to such organization, nor similar insurance which would be available but for exhaustion of its limits. For the purpose of this provision, similar insurance means general liability or equivalent insurance, no matter whether its coverage is broader or narrower than that provided by this insurance. But if the only other similar insurance is for a "consolidated (wrap-up) program," then a subsidiary that qualifies as a Named Insured on such project -specific insurance can still qualify as a Named Insured on this insurance, but not for projects covered by the "consolidated (wrap-up) program." [Please see Item 26.C. of this endorsement for the definition of "consolidated (wrap-up) program."] B. This endorsement does not apply to any organization for which coverage is excluded by another endorsement attached to this policy. C. Only for the purpose of this endorsement: G-18652-J (Ed. 07-12) Page 3 of 12 Copyright, CNA All Rights Reserved. C'NA 1. Management control means: a. Ownership interest representing more than 50% of the voting, appointment, or designation power for the subsidiary organization's governing body; or b. Having the right, pursuant to a written contract, or pursuant to the by-laws, charter, operating agreement, or similar document of a specifically shown Named Insured or controlled subsidiary organization to select, appoint, or designate a majority of the subsidiary organization's governing body. Such contract or document must have been created prior to the time of loss; or c. Having the right, pursuant to a written trust agreement, to protect, control the use of, encumber or transfer and sell property held by a trust. 2. Governing body means the Board of Directors of a corporation. 3. Loss means: a. The occurring of the "bodily injury" or "property damage"; or b. The committing of the offense that caused the "personal and advertising injury." D. The insurance provided by this policy applies to Named Insureds when trading under their own names, or under such trading names or doing - business -as (DBA) names as any should choose to employ. 5. BROADENED LIABILITY COVERAGE FOR DAMAGE TO "YOUR PRODUCT" AND "YOUR WORK" A. Under SECTION I — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Paragraph 2. Exclusions is amended to delete exclusions k. and I. and replace them with the following: [This insurance does not apply to:] k. Damage to Your Product "Property damage" to "your product" arising out of it, or any part of it except when caused by or resulting from: (1) Fire; (2) Smoke; (3) Collapse; or (4) Explosion. G-18652-J (Ed. 07-12) I. Damage to Your Work "Property damage" to "your work" arising out of it, or any part of it and included in the "products - completed operations hazard." This exclusion does not apply: (1) If the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor; or (2) If the cause of loss to the damaged work arises as a result of: (a) Fire; (b) Smoke; (c) Collapse; or (d) Explosion. B. The following paragraph is added to SECTION III — LIMITS OF INSURANCE: Subject to 5. above, $100,000 is the most we will pay under Coverage A for the sum of damages arising out of any one "occurrence" because of "property damage" to "your product" and "your work" that is caused by fire, smoke, collapse or explosion and is included within the "product -completed operations hazard." This sublimit does not apply to "property damage" to "your work" if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. This Provision 5. Broadened Liability Coverage For Damage To "Your Product" And "Your Work" does not apply if an endorsement of the same name is attached to this policy. 6. CONTRACTUAL LIABILITY — RAILROADS With respect to operations performed within 50 feet of railroad property, the definition of "insured contract" in SECTION V — DEFINITIONS is replaced by the following: "Insured Contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; b. A sidetrack agreement; c. Any easement or license agreement; C. G-18652-J (Ed. 07-12) Page 4 of 12 Copyright, CNA All Rights Reserved. CNA d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; (2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (1) above and supervisory, inspection, architectural or engineering activities. 7. CONTRACTUAL LIABILITY FOR PERSONAL AND ADVERTISING INJURY Under SECTION I — COVERAGE B —PERSONAL AND ADVERTISING INJURY LIABILITY, Paragraph 2. Exclusions is amended to delete exclusion e. Contractual Liability. This provision 7. does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 8. ELECTRONIC DATA LIABILITY A. Under SECTION I — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE, Paragraph 2. Exclusions is amended to delete exclusion p. Electronic Data and replace it with the following: [This insurance does not apply to:] p. Electronic Data G-18652-J (Ed. 07-12) Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate "electronic data" that does not result from physical injury to tangible property. However, this exclusion does not apply to liability for damages because of "bodily injury." B. The following paragraph is added to SECTION III — LIMITS OF INSURANCE: Subject to 5. above, $100,000 is the most we will pay under Coverage A for all damages arising out of any one "occurrence" because of "property damage" that results from physical injury to tangible property and arises out of "electronic data." C. The following definition is added to the SECTION V — DEFINITIONS: "Electronic data" means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software (including systems and applications software), hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. D. For the purposes of the coverage provided by this endorsement, the definition of "property damage" in SECTION V — DEFINITIONS is replaced by the following: 17. "Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the "occurrence.' that caused it; or c. Loss of, loss of use of, damage to, corruption of, inability to access, or inability to properly manipulate "electronic data," resulting from physical injury to tangible property. All such loss of "electronic data" shall be deemed to occur at the time of the "occurrence" that caused it. For the purposes of this insurance, "electronic data" is not tangible property. E. If Electronic Data Liability is provided at a higher limit by another endorsement attached to G-18652-J (Ed. 07-12) Page 5 of 12 Copyright, CNA All Rights Reserved. C'NA this policy, then the $100,000 limit provided by this Provision 8. Electronic Data Liability is part of, and not in addition to, that higher limit. 9. EXPANDED PERSONAL AND ADVERTISING INJURY - DISCRIMINATION OR HUMILIATION A. SECTION V — DEFINITIONS is amended to add the following to the definition of "Personal and advertising injury": h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is: (1) Not done intentionally by or at the direction of: (a) The insured; or (b) Any "executive officer," director, stockholder, partner, member or manager (if you are a limited liability company) of the insured; and (2) Not directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person or persons by any insured. B. Under SECTION I — COVERAGE B — PERSONAL AND ADVERTISING INJURY LIABILITY, Paragraph 2. Exclusions is amended to add the following additional exclusions: [This insurance does not apply to:] Discrimination Relating To Room, Dwelling or Premises "Personal or advertising injury" caused by discrimination directly or indirectly related to the sale, rental, lease or sub -lease or prospective sale, rental, lease or sub -lease of any room, dwelling or premises by or at the direction of any insured. Fines Or Penalties Fines or penalties levied or imposed by a governmental entity because of discrimination. This provision 9. does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 10. EXPECTED OR INTENDED INJURY Under SECTION I — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Paragraph 2. Exclusions is G-18652-J (Ed. 07-12) amended to delete exclusion a. Expected or Intended Injury and replace it with the following: [This insurance does not apply to:] a. Expected or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. 11. GENERAL AGGREGATE LIMITS OF INSURANCE - PER PROJECT A. For each construction project away from premises you own or rent, a separate Construction Project General Aggregate Limit, equal to the amount of the General Aggregate Limit, is the most we will pay for the sum of: 1. All damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard"; and 2. All medical expenses under Coverage C, that arise from "occurrences" or accidents which can be attributed solely to ongoing operations at that construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations, nor the Construction Project Aggregate Limit of any other construction project. B. All: 1. Damages under Coverage B, regardless of the number of locations or construction projects involved; 2. Damages under Coverage A, caused by "occurrences" which cannot be attributed solely to ongoing operations at a single construction project, except damages because of "bodily injury" or "property damage" included in the "products - completed operations hazard"; and 3. Medical expenses under Coverage C caused by accidents which cannot be attributed solely to ongoing operations at a single construction project, will reduce the General Aggregate Limit shown in the Declarations. G-18652-J (Ed. 07-12) Page 6 of 12 Copyright, CNA All Rights Reserved. C'NA C. The limits shown in the Declarations for Each Occurrence, for Damage To Premises Rented To You and for Medical Expense continue to apply, but will be subject to either the Construction Project Aggregate Limit or the General Aggregate Limit, depending on whether the "occurrence" can be attributed solely to ongoing operations at a particular construction project. D. When coverage for liability arising out of the "products -completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard," regardless of the number of locations involved will reduce the Products -Completed Operations Aggregate Limit shown in the Declarations. E. If a single construction project away from premises owned by or rented to the insured has been abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. F. The provisions of SECTION III — LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to apply as stipulated. 12. IN REM ACTIONS Any action in rem against any vessel owned or operated by or for you, or chartered by or for you will be treated in the same manner as though the action were in personam against you. In rem is a term used to designate actions instituted against the thing, as distinct from actions against the person, which are said to be in personam. 13. INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE A. With respect only to "bodily injury" that arises out of a "health care incident," COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY OF SECTION I — COVERAGES is amended to replace Insuring Agreement Paragraphs 1.b.(1) and 1.b.(2) with the following: b. This insurance applies to "bodily injury" only if you are not in the business of providing professional health care services, and only if: (1) The "bodily injury" is caused by an "occurrence" that takes place in the "coverage territory." For the purpose of this insurance: G-18652-J (Ed. 07-12) (a) "Bodily injury" caused by a "health care incident" will be considered caused by an "occurrence"; and (b) All acts, errors or omissions that are logically connected by any common fact, circumstance, situation, transaction, event, advice or decision will be considered to constitute a single "occurrence"; (2) The "bodily injury" occurs during the policy period. All "bodily injury" arising from an "occurrence" will be deemed to have occurred at the time of the first act, error, or omission that is part of the "occurrence"; and B. With respect only to the insurance provided by this Provision 13., Exclusion 2.e. Employer's Liability of SECTION I — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE, is amended to append the following: Only for "bodily injury" not covered by other liability insurance (including state -sanctioned self insurance) available to the insured (or which would be available but for exhaustion of its limits), this exclusion does not apply to "bodily injury" that arises out of a "health care incident." C. SECTION V — DEFINITIONS is amended to add the following new definition: "Health care incident" means a negligent act, error or omission by your "employees" or "volunteer workers" working on your behalf in the rendering of or failure to render professional health care services in any of the following capacities, or the related furnishing of food, beverages, medical supplies or appliances: a. b. c. d. e. f. g• h. J. k. I. Physician; Nurse; Emergency medical technician; Paramedic; Chiropractor; Dentist; Athletic trainer; Audiologist; Physical therapist; Psychologist; Speech therapist; Other allied health professional; or G-18652-J (Ed. 07-12) Page 7 of 12 Copyright, CNA All Rights Reserved. CNA m. Provider of first aid or Good Samaritan services rendered in an emergency and for which no payment is demanded or received. D. SECTION I — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE, Paragraph 2. Exclusions is amended to add the following additional exclusions. These new exclusions apply only to this Incidental Health Care Malpractice Coverage: [This insurance does not apply to:] Dishonesty or Crime Any dishonest, criminal or malicious act, error or omission. Clinical Trials / Product Testing Acts, errors or omissions that occur in the course of human clinical trials or product testing. Medicare/Medicaid Fraud Medicare or Medicaid fraud or abuse. Services Excluded by Endorsement Any "health care incident" for which coverage is excluded by endorsement. E. SECTION V — DEFINITIONS is amended to add the following subparagraph to Paragraph f. of the definition of "insured contract": Paragraph f. does not include that part of any contract or agreement: (4) Under which you assume another's tort liability for "bodily injury" arising out of the rendering of or failure to render professional health care services. F. SECTION II — WHO IS AN INSURED is amended to add the following provisions: 1. Your "employees" are insureds with respect to: a. "bodily injury' to a co -"employee" while in the course of the co -"employee's" employment by you or while performing duties related to the conduct of your business; and b. "bodily injury" to a "volunteer worker" while performing duties related to the conduct of your business; when such "bodily injury" arises out of a "health care incident." 2. Your "volunteer workers" are insureds with respect to: G-18652-J (Ed. 07-12) a. "bodily injury" to a co -"volunteer worker" while performing duties related to the conduct of your business; and b. "bodily injury" to an "employee" while in the course of the "employee's" employment by you or while performing duties related to the conduct of your business; when such "bodily injury" arises out of a "health care incident." 3. Paragraphs 2.a. (1)(a), (b) and (c) of SECTION II — WHO IS AN INSURED do not apply to "bodily injury" for which insurance is provided this Provision 13. 4. Paragraph 2.a.(1)(d) of SECTION II — WHO IS AN INSURED is deleted. G. With respect to the insurance provided by this Provision 13., the following is added to Paragraph 4.b.(1) of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: To the extent this insurance applies, it is excess over any of the other insurance (including qualified self insurance), whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by you to be excess of this policy. 14. JOINT VENTURES / PARTNERSHIP / LIMITED LIABILITY COMPANIES A. The following is added to SECTION II — WHO IS AN INSURED: 4. You are an insured when you had an interest in a joint venture, partnership or limited liability company which terminated or ended prior to or during this policy period, but only to the extent of your interest in such joint venture, partnership or limited liability company. This coverage does not apply: a. Prior to the termination date of any joint venture, partnership or limited liability company; b. If there is other valid and collectible insurance purchased specifically to insure the partnership, joint venture or limited liability company; or c. To a joint venture, partnership or limited liability company which is or was insured under a "consolidated (wrap- up) insurance program." G-18652-J (Ed. 07-12) Page 8 of 12 Copyright, CNA All Rights Reserved. CNA [Please see Item 26.C. of this endorsement for the definition of "consolidated (wrap-up) prog ram."] B. The last paragraph of SECTION II — WHO IS AN INSURED is deleted and replaced by the following: Except as provided under the Contractors' General Liability Extension Endorsement or by the attachment of another endorsement (if any), no person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. 15. LEGAL LIABILITY/ALIENATED PREMISES/ BORROWED EQUIPMENT A. Under SECTION I — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE, Paragraph 2. Exclusions is amended to delete exclusion j. Damage to Property in its entirety and replace it with the following: [This insurance does not apply to:] j. Damage to Property "Property damage" to: (1) (2) (3) Property you own, rent, or occupy; Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; Property loaned to you; (4) Personal property in the care, custody or control of the insured; That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the "property damage" arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. Paragraph (2) of this exclusion does not apply if the premises are "your work." Paragraphs (3) and (4) of this exclusion do not apply to "property damage" to tools or equipment loaned to you. A separate limit of insurance applies to such tools or equipment that are damaged while being used in your operations. (5) G-18652-J (Ed. 07-12) Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire) to premises rented to you or temporarily occupied by you with the permission of the owner, or to the contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in SECTION III — LIMITS OF INSURANCE. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to "property damage" included in the "products -completed operations hazard." B. Under SECTION I — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE the last paragraph of Paragraph 2. Exclusions is deleted and replaced by the following. Exclusions c. through n. do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner nor to the contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in SECTION III — LIMITS OF INSURANCE. C. The following paragraph is added to SECTION III — LIMITS OF INSURANCE: Subject to 5. above, $25,000 is the most we will pay under Coverage A for damages arising out of any one "occurrence" because of "property damage" to tools or equipment loaned to you by others that occurs while the equipment is being used to perform operations. D. Paragraph 6. Damage To Premises Rented To You Limit of SECTION III — LIMITS OF INSURANCE is replaced by the following: 6. Subject to Paragraph 5. above, (the Each Occurrence Limit), the Damage To Premises Rented To You Limit is the most we will pay under SECTION — I — COVERAGE A for damages because of "property damage" to any one premises while rented to you or temporarily occupied by you with the permission of the owner, including contents of such premises rented to you for a period of 7 or fewer consecutive days. The Damage To Premises Rented To You Limit is the greater of: a. $500,000; or G-18652-J (Ed. 07-12) Page 9 of 12 Copyright, CNA All Rights Reserved. C'NA b. The Damage To Premises Rented To You Limit shown in the Declarations. E. Paragraph 4.b.(1)(a)(ii) of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is deleted and replaced by the following: (ii) That is property insurance for premises rented to you, for premises temporarily occupied by you with the permission of the owner; or for personal property of others in your care, custody or control; F. This Provision 15. does not apply if Damage To Premises Rented To You Liability under SECTION — I — COVERAGE A is excluded by endorsement. 16. LIBERALIZATION CLAUSE If we adopt a change in our forms or rules which would broaden coverage for contractors under this endorsement without an additional premium charge, your policy will automatically provide the additional coverage as of the date the revision is effective in your state. 17. LIQUOR LIABILITY Under SECTION I — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE, Paragraph 2. Exclusions is amended to delete exclusion c. Liquor Liability. This provision 17. does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 18. MEDICAL PAYMENTS A. Paragraph 7. Medical Expense Limit, of SECTION III — LIMITS OF INSURANCE is deleted and replaced by the following: 7. Subject to Paragraph 5. above (the Each Occurrence Limit), the Medical Expense Limit is the most we will pay under SECTION — I — COVERAGE C for all medical expenses because of "bodily injury" sustained by any one person. The Medical Expense Limit is the greater of: (1) $15,000; or (2) The amount shown in the Declarations for Medical Expense Limit. B. Paragraph 1.a.(3)(b) of SECTION I COVERAGE C MEDICAL PAYMENTS, is replaced by the following: (b) The expenses are incurred and reported to us within three years of the date of the accident; and G-18652-J (Ed. 07-12) This paragraph B. does not apply to medical expenses incurred in the state of Missouri. 19. NON -OWNED AIRCRAFT Under SECTION I — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY. Paragraph 2. Exclusions is amended such that exclusion g. Aircraft, Auto or Watercraft does not apply to an aircraft you do not own, provided that: 1. The pilot in command holds a currently effective certificate issued by the duly constituted authority of the United States of America or Canada, designating that person as a commercial or airline transport pilot; 2. The aircraft is rented to you with a trained, paid crew; and 3. The aircraft does not transport persons or cargo for a charge. 20. NON -OWNED WATERCRAFT Under SECTION I — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Paragraph 2. Exclusions is amended to delete subparagraph (2) of exclusion g. Aircraft, Auto or Watercraft and replace it with the following. [This exclusion does not apply to:] (2) A watercraft you do not own that is: (a) Less than 75 feet long; and (b) Not being used to carry persons or property for a charge. 21. PRIMARY AND NON-CONTRIBUTORY TO OTHER INSURANCE With respect to any person or organization that is an additional insured under this Coverage Part, the following is added to Paragraph 4. of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: If you have agreed in writing in a contract or agreement that this insurance is primary and non- contributory relative to an additional insured's own insurance, then this insurance is primary and we will not seek contribution from that other insurance. For the purpose of this Provision 21., the additional insured's own insurance means insurance on which the additional insured is a Named Insured. This Provision 21. does not apply in situations where the endorsement on this policy affording coverage to the additional insured specifies that this insurance is excess over any other insurance available to that additional insured. 22. PROPERTY DAMAGE — ELEVATORS G-18652-J (Ed. 07-12) Page 10 of 12 Copyright, CNA All Rights Reserved. CNA A. Under SECTION I — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE, Paragraph 2. Exclusions is amended such that exclusion k. Damage to Your Product, and subparagraph (3), (4) and (6) of exclusion j. Damage to Property do not apply "property damage" that results from the use of elevators. B. With respect only to the coverage provided by this endorsement, Condition 4. Other Insurance in SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is amended to add the following subparagraph b.(1)(a)(v): 4. Other Insurance b. Excess Insurance (1) This insurance is excess over: (a) Any of the other insurance, whether primary, excess, contingent or on any other basis: (v) That is Property insurance covering property of others damaged from the use of elevators. 23. SUPPLEMENTARY PAYMENTS A. Under Section I — Supplementary Payments — Coverages A and B, Paragraph 1.b., the limit of $250 shown for the cost of bail bonds is replaced by $5,000: B. In Paragraph 1.d., the limit of $250 shown for daily loss of earnings is replaced by $1,000. 24. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If unintentionally you should fail to disclose all existing hazards at the inception date of your policy, we will not deny coverage under this Coverage Part because of such failure. 25. WAIVER OF SUBGROGATION - BLANKET Under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, The Transfer Of Rights Of Recovery Against Others To Us Condition is amended by the addition of the following: We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of: 1. Your ongoing operations; or 2. "Your work" included in the "products completed operations hazard." G-18652-J (Ed. 07-12) However, this waiver applies only when you have agreed in writing to waive such rights of recovery in a contract or agreement, and only if the contract or agreement: 1. Is in effect or becomes effective during the term of this policy; and 2. Was executed prior to loss. 26. WRAP-UP EXTENSION: OWNER CONTROLLED INSURANCE PROGRAM, CONTRACTOR CONTROLLED INSURANCE PROGRAM OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS Note: The following provision does not apply to any public construction project in the state of Oklahoma, nor to any construction project in the state of Alaska, that is not permitted to be insured under a "consolidated (wrap-up) insurance program" by applicable state statute or regulation: If the endorsement EXCLUSION — CONSTRUCTION WRAP-UP or another exclusionary endorsement pertaining to Owner Controlled Insurance Programs (O.C.I.P.) or Contractor Controlled Insurance Programs (C.C.I.P.) is attached to this policy, then the following changes apply: A. The following wording is added to the endorsement: With respect to a "consolidated (wrap-up) insurance program" project in which you are or were involved, this exclusion does not apply to those sums you become legally obligated to pay as damages because of: 1. "Bodily injury," "property damage," or "personal or advertising injury" that occurs during your ongoing operations at the project, or during such operations of anyone acting on your behalf; nor 2. "Bodily injury" or "property damage" included within the "products -completed operations hazard" that arises out of those portions of the project that are not "residential structures." B. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is amended to add the following subparagraph 4.b.(1)(c) to Condition 4. Other Insurance: [This insurance is excess over:] (c) Any of the other insurance whether primary, excess, contingent or any other basis that is insurance available to you as a result of your being a participant in a "consolidated (wrap-up) insurance program," but only as G-18652-J (Ed. 07-12) Page 11 of 12 Copyright, CNA All Rights Reserved. CNA respects your involvement in that "consolidated (wrap-up) insurance program." C. SECTION V — DEFINITIONS is amended to add the following definition: "Consolidated (wrap-up) insurance program" means a construction, erection or demolition project for which the prime contractor/project manager or owner of the construction project has secured general liability insurance covering some or all of the contractors or subcontractors involved in the project, such as an Owner Controlled Insurance Program (O.C.I.P.) or Contractor Controlled Insurance Program (C.C.I.P.). "Residential structure" means any structure where 30% or more of the square foot area is used or is intended to be used for human All other terms and conditions of the Policy remain unchanged. G-18652-J (Ed. 07-12) residency including but not limited to single or multifamily housing, apartments, condominiums, townhouses, co-operatives or planned unit developments and also includes their common areas and/or appurtenant structures (including pools, hot tubs, detached garages, guest houses or any similar structures). When there is no individual ownership of units, residential structure does not include military housing, college/university housing or dormitories, long term care facilities, hotels, or motels. Residential structure also does not include hospitals or prisons. This provision 26. does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. Material used with permission of ISO Properties, Inc G-18652-J (Ed. 07-12) Page 12 of 12 Copyright, CNA All Rights Reserved. POLICY NUMBER: 6012668068 C'NA G-140331-D (Ed. 01/13) BLANKET ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS — WITH PRODUCTS -COMPLETED OPERATIONS COVERAGE It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows: SCHEDULE (OPTIONAL) Name of Additional Insured Persons Or Organizations (As required by "written contract" per Paragraph A. below.) Locations of Covered Operations (As per the "written contract," provided the location is within the "coverage territory" of this Coverage Part.) A. Section II - Who Is An Insured is amended to include as an additional insured: 1. Any person or organization whom you are required by "written contract" to add as an additional insured on this Coverage Part; and 2. The particular person or organization, if any, scheduled above. B. The insurance provided to the additional insured is limited as follows: 1. The person or organization is an additional insured only with respect to liability for "bodily injury," "property damage," or "personal and advertising injury" caused in whole or in part by: a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your ongoing operations specified in the "written contract"; or b. "Your work" that is specified in the "written contract" but only for "bodily injury" or "property damage" included in the "products -completed operations hazard," and only if: (1) The "written contract" requires you to provide the additional insured such coverage; and (2) This Coverage Part provides such coverage. 2. If the "written contract" specifically requires you to provide additional insurance coverage via the 10/01 edition of CG2010 (aka CG 20 10 10 01), or via the 10/01 edition of CG2037 (aka CG 20 37 10 01), or via the 11/85 edition of CG2010 (aka CG 20 10 11 85), then in paragraph B.1. above, the words 'caused in whole or in part by' are replaced by the words 'arising out of. 3. We will not provide the additional insured any broader coverage or any higher limit of insurance than: a. The maximum permitted by law; b. That required by the "written contract"; c. That described in B.1. above; or d. That afforded to you under this policy, whichever is less. 4. Notwithstanding anything to the contrary in Condition 4. Other Insurance (Section IV), this insurance is excess of all other insurance available to the additional insured whether on a primary, excess, contingent or G-140331-D (Ed. 01/13) Page 1 of 2 Copyright, CNA All Rights Reserved. CNA G-140331-D (Ed. 01/13) any other basis. But if required by the "written contract" to be primary and non-contributory, this insurance will be primary and non-contributory relative to insurance on which the additional insured is a Named Insured. 5. The insurance provided to the additional insured does not apply to "bodily injury," "property damage," or "personal and advertising injury" arising out of: a. The rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: (1) The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and (2) Supervisory, inspection, architectural or engineering activities; or b. Any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this Coverage Part. C. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: 1. The Duties In The Event of Occurrence, Offense, Claim or Suit condition is amended to add the following additional conditions applicable to the additional insured: An additional insured under this endorsement will as soon as practicable: (1) Give us written notice of an "occurrence" or an offense which may result in a claim or "suit" under this insurance, and of any claim or "suit" that does result; (2) Except as provided in Paragraph B.4. of this endorsement, agree to make available any other insurance the additional insured has for a loss we cover under this Coverage Part; Send us copies of all legal papers received, and otherwise cooperate with us in the investigation, defense, or settlement of the claim or "suit"; and (4) Tender the defense and indemnity of any claim or "suit" to any other insurer or self insurer whose policy or program applies to a loss we cover under this Coverage Part. But if the "written contract" requires this insurance to be primary and non-contributory, this provision (4) does not apply to insurance on which the additional insured is a Named Insured. We have no duty to defend or indemnify an additional insured under this endorsement until we receive from the additional insured written notice of a claim or "suit." (3) D. Only for the purpose of the insurance provided by this endorsement, SECTION V — DEFINITIONS is amended to add the following definition: "Written contract" means a written contract or written agreement that requires you to make a person or organization an additional insured on this Coverage Part, provided the contract or agreement: 1. Is currently in effect or becomes effective during the term of this policy; and 2. Was executed prior to: a. The "bodily injury" or "property damage"; or b. The offense that caused the "personal and advertising injury," for which the additional insured seeks coverage under this Coverage Part. All other terms and conditions of the Policy remain unchanged. Material used with permission of ISO Properties, Inc. G-140331-D (Ed. 01/13) Page 2 of 2 Copyright, CNA All Rights Reserved. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 34 (Ed. 8-00) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -BLANKET 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). The additional premium for this endorsement shall be 3% of the total California Workers' Compensation premium otherwise due. Schedule Person or Organization Job Description ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED IS REQUIRED UNDER WRITTEN CONTRACT TO FURNISH THIS WAIVER. RE: ALL CALIFORNIA OPERATIONS. Policy Number: WSD 5000765 06 Insured: Portillo Concrete Inc Endorsement Effective: 10/21/14 Coverage Provided by: Insurance Company of the West Issue Date: 10/17/14 Countersigned by: WC 99 06 34 (Ed. 8-00) PORTILLO BUSINESS LICENCE CITY OF NATIONAL CITY Finance Department 619 336-4330 National City 37 / 43638 01/22/2015 16:28:47.000 Reg CASH22 Validation Receipt CHARGES- 001-00000-3040 BL 30442 $ 200.00 001-00000-3043 SB1186 State Disability A$ 1.00 Sub -total $********201.00 PAYMENT - Check - 0502 $ 138.00 portillo cocrete inc Visa $ 65.00 tina portillo Change $*********4.00 THANK YOU! Business Hours: 7:00 - 6:00 Monday Through Thursday Closed on Fridays z RESOLUTION NO. 2014 — 181 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT IN THE NOT -TO -EXCEED AMOUNT OF $1,379,220.00 TO PORTILLO CONCRETE, INC. FOR THE HIGHLAND AVENUE SAFETY ENHANCEMENTS PROJECT, CIP NO. 13-07, AUTHORIZING A 15% CONTINGENCY IN THE AMOUNT OF $206,883.00 FOR ANY UNFORESEEN CHANGES; AND AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT WHEREAS, the Highland Avenue Safety Enhancements Project proposes traffic calming and pedestrian safety enhancements on Highland Avenue between Division Street and East 8th Street; and WHEREAS, the Engineering Division of the Engineering and Public Works Department, in open session on December 4, 2014, did publicly open, examine, and declare six sealed bids for the Highland Avenue Safety Enhancements Project (the "Project"); and WHEREAS, Just Construction, Inc. was the apparent low bidder with a total bid amount of $1,320,757.50. After reviewing Just Construction's bid proposal, their bid was deemed "non -responsive" since a unit price was not provided for one of the line items of work; and WHEREAS, Portillo Concrete, Inc., was the second apparent low bidder with a total bid amount of $1,379,220, and they are the lowest responsible bidder qualified to perform the work as described in the project specifications; and WHEREAS, a 15% contingency amount up to $206,883 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 Highland Avenue Safety Enhancements Project to the lowest responsive, responsible bidder, to wit: PORTILLO CONCRETE, 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 $1,379,220 with Portillo Concrete, Inc., for the Highland Avenue Safety Enhancements 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 $206,883 for unforeseen changes to the Project. PASSED and ADOPTED this 16th day of Decemb , ' 14 Ron Morrison, Mayor ATTEST: / "ROVED A. T• FORM: Michael R. Dalia, ity Clerk a dia Gacitu. Silva City Attorny Passed and adopted by the Council of the City of National City, California, on December 16, 2014 by the following vote, to -wit: Ayes: Councilmembers Cano, Mendivil, Morrison, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California r City lerk of the City National City, California By: Deputy HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2014-181 of the City of National City, California, passed and adopted by the Council of said City on December 16, 2014. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA a o iti - 5 5 COUNCIL AGENDA STATEMENT MEETING DATE: December 16, 2014 AGENDA ITEM NO. 24 iTEM TITLE: Resolution of the City Council of the City of National City, 1) awarding a contract in the not -to -exceed amount of $1,379,220.00 to Portillo Concrete, Inc. for the Highland Avenue Safety Enhancements Project, CIP No. 13-07; 2) authorizing a 15% contingency in the amount of $206,883.00 for any unforeseen changes; and 3) authorizing the Mayor to execute the contract PREPARED BY: Stephen Manganiello PHONE: 336-4382 EXPLANATION: See attached. DEPARTMENT: Engineering/Public Works APPROVED BY: FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: MIS 296-409-500-598-6570 (HSIP Grant — Highland Avenue Safety Enhancements): $900,000.00 307-409-500-598-6570 (Prop A — Highland Avenue Safety Enhancements): $400,000.00 307-409-500-598-6035 (Prop A — Street Resurfacing): $79,220.00 ENVIRONMENTAL REVIEW: Caltrans Determination of Categorical Exclusion under 23 CFR 771.117(c) approved on April 24, 2014 and revalidated on June 11, 2014 ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Bid Opening Summary 3. Three Lowest Bidders Summary 4. Resolution Q,ESo\.1/4)-\\0 No EXPLANATION The Highland Avenue Safety Enhancements Project, CIP No. 13-07, proposes traffic calming and pedestrian safety enhancements on Highland Avenue between Division Street and East 8th Street. Improvements include reducing the roadway from four lanes to two lanes with left turn lanes, corner bulb -outs and pedestrian refuge islands at intersections, ADA enhancements, new street lights and landscaping, and conversion of parallel parking to angle parking on the east side of the street to increase available parking. On November 11, 2014, the bid solicitation was advertised in local newspapers and posted on the City's website. On December 4, 2014, six (6) sealed bids were received by the 10:00 AM deadline, opened, and publically disclosed. Just Construction, Inc. was the apparent low bidder with a total bid amount of $1,320,757.50. After reviewing Just Construction's bid proposal, their bid was deemed "non -responsive" since a unit price was not provided for one of the line items of work. Portillo Concrete, Inc. was the second apparent low bidder with a total bid amount of $1,379,220.00. Upon review of all documents submitted and reference checks, Portillo Concrete's bid is responsive, and they are the lowest responsible bidder qualified to perform the work as described in the project specifications. Attached are the bid opening results and a summary of the three lowest bidders for your information. Staff recommends awarding the construction contract to Portillo Concrete, Inc. in the not -to -exceed amount of $1,379,220.00 and authorizing a 15% contingency in the amount of $206,883.00 for any unforeseen changes. -1- JOB NAME: SPECIFICATION NO DATE: TIME: ESTIMATE: PROJECT ENGINEER: BID OPENING HIGHLAND AVENUE SAFETY ENHANCEMENTS CIP NO. 13-07 DECEMBER 4, 2014 10:00 A.M. $1,282,039.00 Stephen Manwaniello NO. BIDDER'S NAME (PAGE 1-9) BID AMOUNT (PAGE 1-4) ADDENDA (PAGE 1-1) BID SECURITY (PAGE 1-9AGE )-(BOND) 1 Portillo Concrete 3527 Citrus Street Lemon Grove, 91945 $1,379,220.00 1,2,3,4 Bond 2. New Century Construction 9119 Emerald Grove Avenue Lakeside, CA 92040 $1,395,200.00 1,2,3,4 Bond 3. Tri Group Construction 9580 Black mountain Road, Suite L San Diego, CA 92126 $1,455,060.00 1,2,3,4 Bond 4. Pal General Engineering 5397 Eastgate Mall San Diego, CA 92121 $2,089,884.00 1,2,3,4 Bond 5. M.A. Stevens Construction 125 E. 17th Street National City, CA 91950 $2,191,103.62 1,2,3,4 Bond 6. Just Construction 3103 Market Street San Diego, CA 92102 $1,320,757,50 1,2,3,4 Bond Highland Avenue Safety Enhancements CIP No. 13-07 Portillo Concrete, Inc. New Century Construction, Inc. Just Construction, Inc. BASE BID (non -responsive bid) Item No. Description Unit Qty. Unit Price(Quantity Extension x Unit Price) Unit Price Extension (Quantity x Unit Price) Unit Price Extension (Quantity x Unit Price) 1 Mobilization/Demobilization LS 1 $ 25,000.00 $ 25,000.00 $ 17,000.00 $ 17,000.00 $ 55,000.00 $ 55,000.00 2 (S) Surveying, including Construction Staking and LS 1 $ 32,500.00 $ 32,500.00 $ 5,000.00 $ 5,000.00 $ 9,350.00 $ 9,350.00 3 Clearing and Grubbing LS 1 $ 43,000.00 $ 43,000.00 $ 50,000.00 $ 50,000.00 $ 60,500,00 $ 60,500.00 4(S) SWPPP Preparation L LS 1 $ 9,600.00 $ 9,600.00 $ 1,000.00 $ 1,000.00 $ 1,320.00 $ 1,320.00 5 SWPPP Implementation LS 1 $ 15,000.00 $ 15,000.00 $ 5,000.00 $ 5,000.00 $ 14,080.00 $ 14,080.00 6 Traffic Control L LS 1 $ 38,000.00 $ 38,000.00 $ 20,000.00 $ 20,000.00 $ 22,550.00 $ 22,550.00 7 Unclassified Excavation LS 1 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 38,500.00 $ 38,500.00 8 Type II Slurry Seal SY 18,200 $ 1.65 $ 30,030.00 $ 2.50 $ 45,500.00 $ 2.50 $ 45,500.00 9 PCC Median Curb (6" CF) per SDRSD G-6 LF 1,100 $ 30.00 $ 33,000.00 $ 25.00 $ 27,500.00 $ 12.10 $ 13,310.00 10 Stamped & Colored PCC Median (4" thick) SF 5,650 $ 8.00 $ 45,200.00 $ 10.00 $ 56,500.00 $ 8.80 $ 49,720.00 11 PCC Curb & Gutter (6" CF) per SDRSD G-2 LF 650 $ 35.00 $ 22,750.00 $ 35.00 $ 22,750.00 $ 22.00 $ 14,300.00 12 Construct Cross Gutter per SDRSD G-12 SF 300 $ 15.00 $ 4,500.00 $ 10.00 $ 3,000.00 $ 22.00 $ 6,600.00 13 PCC Sidewalk (4" thick) per SDRSD G-7 SF 6,500 $ 6.00 $ 39,000.00 $ 8.00 $ 52,000.00 $ 6.60 $ 42,900.00 14 PCC Curb Ramps per Caltrans Drawings EA 32 $ 1,900.00 $ 60,800.00 $ 2,400.00 $ 76,800.00 $ 27.50 $ 880.00 15 Type A Passageway per Caltrans Standard Plan EA 2 $ 5,000.00 $ 10,000.00 $ 4,000.00 $ 8,000.00 $ 9,350.00 $ 18,700.00 16 Adjust water meter to new finished grade EA 6 $ 1,760.00 $ 10,560.00 $ 150.00 $ 900.00 $ 220.00 $ 1,320.00 17 Adjust water valve to new finished grade and install two-piece Cast Iron Cover EA 6 $ 635.00 $ 3,810.00 $ 250.00 $ 1,500.00 $ 220.00 $ 1,320.00 18 Traffic Signing, striping and pavement markers and markings, including Type I pedestrian LS 1 $ 60,500.00 $ 60,500.00 S 73,000.00 $ 73,000.00 $ 74,552.50 $ 74,552.50 19(S) Furnish and install Loop Detectors EA 26 $ 440.00 $ 11,440.00 $ 500.00 $ 13,000.00 20 Construct 5" asphalt concrete TON 148 $ 185.00 $ 27,380.00 $ 125.00 $ 18,500.00 $ 280.00 $ 41,440.00 21 Construct 6" Join Plain Concrete Pavement CY 88 $ 265.00 $ 23,320.00 $ 450.00 $ 39,600.00 $ 385.00 $ 33,880.00 22 Install 18" Trench Drain LF 330 $ 284.00 $ 93,720.00 $ 125.00 $ 41,250.00 $ 71.50 $ 23,595.00 23 Provide and install Trench Drain Underdrain Pipe EA 2 $ 330.00 $ 660.00 $ 200.00 $ 400.00 $ 330.00 $ 660.00 24 Adjust pullbox to grade EA 16 $ 330.00 $ 5,280.00 $ 400.00 $ 6,400.00 $ 110.00 $ 3.7,060.00 25 Demolition, removal and disposal of existing electrical and street lighting including foundations and repair to existing surface improvements LS 1 $ 55,000.00 $ 55,000.00 $ 60,000.00 $ 60,000.00 $ 2,200.00 $ 2,200.00 26(S) Furnish and install Type A- Double LED Acorn Fixture on Decorative 16' Pole and base including installation of pole foundation and surface improvement repair EA 23 $ 9,700.00 $ 223,100.00 $ 10,000.00 $ 230,000.00 $ 11,000.00 $ 253,000.00 Extension (Quantity x Unit Price) non -responsive 1,760.00I 27(S) Furnish and intall Type B- Double LED Acorn Fixture on Mast Arm at Center Divider, 23' Pole and decorative base including the installation of pole foundation and existing improvments repair EA 6 $ 10,750.00 $ 64,500.00 $ 11,000.00 $ 66,000.00 $ 11,550.00 $ 69,300.00 28(S) Furnish and install Type C- Single LED Acorn on Mast Arm and decorative pole and base including the installation of pole foundation and existing improvements repair EA 7 $ 8,800.00 $ 61,600.00 $ 10,000.00 $ 70,000.00 $ 9,900.00 $ 69,300.00 29(S) Furnish and install Type D- LED Cobra Head on Top of traffic light and reconnect fixture with existing circuit EA 8 $ 880.00 $ 7,040.00 $ 1,000.00 $ 8,000.00 $ 1,100.00 $ 8,800.00 30(S) Furnish and install Type E- Single LED Acorn on Mast Arm and decorative pole ande base inlduing the installation of pole foundation and existing improvements repair EA 9 $ 6,000.00 $ 54,000.00 $ 6,500.00 $ 58,500.00 $ 7,700.00 $ 59,300.00 31 Furnish and install electrical/street lighting circuit, 1"C, DB860 including surface improvements repair LF 500 $ 33.00 $ 16,500.00 $ 40.00 $ 20,000.00 $ 27.50 $ 13,750.00 32 Furnish and install electrical/street lighting circuit, 2" C, Schedule 80, PVC including existing improvements repair LF. 2,000 $ 35.00 $ 70,000.00 $ 42.00 $ 84,000.00 $ 31.90 $ 63,800.00 33(S) Furnish and isntall # 8 and # 10 conductors LF 6,000 $ 5.00 $ 30,000,00 $ 6.00 $ 36,000.00 $ 3.30 $ 19,800.00 34 Provide and install No. 5 Caltrans Handholes EA 53 $ 550.00 $ 29,150.00 $ 1,000.00 $ 53,000.00 $ 220.00 $ 11,660.00 Base Bid Total $ 1,280,940.00 Base Bid Total $ 1,295,100.00 Base Bid Total $ 1,249,777.50 ALTERNATE BID Item No. Description (5) Indicates Specialty Item Unit Qty. Unit Price Extension Unit Price Extension Unit Price Extension (Quantity x Unit Price) (Quantity x Unit Price) (Quantity x Unit Price) A-1 Type 2 REAS plant mix SY 18,200 $ 5.40 $ 98,280.00 $ 5.50 $ 100,100.00 $ 3.90 $ 70,980.00 Alternate Bid Total $ 98,280.00 Additive Bid Total $ 100,100.00 Additive Bid Total* $ 70,980.00 Base Bid & Alternate Bid Total $ 1,379,220.00 Bidder's Calculations Base Bid & Additive Bid Total $ 1,395,200.00 Bidder's Calculations Base Bid & Additive Bid Total $ 1,320,757.50 Bidder's Calculations $ 1,223,627.50 Actual Calculations RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT IN THE NOT -TO -EXCEED AMOUNT OF $1,379,220.00 TO PORTILLO CONCRETE, INC. FOR THE HIGHLAND AVENUE SAFETY ENHANCEMENTS PROJECT, CIP NO. 13-07, AUTHORIZING A 15% CONTINGENCY IN THE AMOUNT OF $206,883.00 FOR ANY UNFORESEEN CHANGES; AND AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT WHEREAS, the Highland Avenue Safety Enhancements Project proposes traffic calming and pedestrian safety enhancements on Highland Avenue between Division Street and East 8th Street; and WHEREAS, the Engineering Division of the Engineering and Public Works Department, in open session on December 4, 2014, did publicly open, examine, and declare six sealed bids for the Highland Avenue Safety Enhancements Project (the "Project"); and WHEREAS, Just Construction, Inc. was the apparent low bidder with a total bid amount of $1,320,757.50. After reviewing Just Construction's bid proposal, their bid was deemed "non -responsive" since a unit price was not provided for one of the line items of work; and WHEREAS, Portillo Concrete, Inc., was the second apparent low bidder with a total bid amount of $1,379,220, and they are the lowest responsible bidder qualified to perform the work as described in the project specifications; and WHEREAS, a 15% contingency amount up to $206,883 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 Highland Avenue Safety Enhancements Project to the lowest responsive, responsible bidder, to wit: PORTILLO CONCRETE, 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 $1,379,220 with Portillo Concrete, Inc., for the Highland Avenue Safety Enhancements 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 $206,883 for unforeseen changes to the Project. PASSED and ADOPTED this 16th day of December, 2014 Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia Gacitua Silva City Attorney RESOLUTION NO. 2014 — 181 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT IN THE NOT -TO -EXCEED AMOUNT OF $1,379,220.00 TO PORTILLO CONCRETE, INC. FOR THE HIGHLAND AVENUE SAFETY ENHANCEMENTS PROJECT, CIP NO. 13-07, AUTHORIZING A 15% CONTINGENCY IN THE AMOUNT OF $206,883.00 FOR ANY UNFORESEEN CHANGES; AND AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT WHEREAS, the Highland Avenue Safety Enhancements Project proposes traffic calming and pedestrian safety enhancements on Highland Avenue between Division Street and East 8th Street; and WHEREAS, the Engineering Division of the Engineering and Public Works Department, in open session on December 4, 2014, did publicly open, examine, and declare six sealed bids for the Highland Avenue Safety Enhancements Project (the "Project"); and WHEREAS, Just Construction, Inc. was the apparent low bidder with a total bid amount of $1,320,757.50. After reviewing Just Construction's bid proposal, their bid was deemed "non -responsive" since a unit price was not provided for one of the line items of work; and WHEREAS, Portillo Concrete, Inc., was the second apparent low bidder with a total bid amount of $1,379,220, and they are the lowest responsible bidder qualified to perform the work as described in the project specifications; and WHEREAS, a 15% contingency amount up to $206,883 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 Highland Avenue Safety Enhancements Project to the lowest responsive, responsible bidder, to wit: PORTILLO CONCRETE, 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 $1,379,220 with Portillo Concrete, Inc., for the Highland Avenue Safety Enhancements 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 $206,883 for unforeseen changes to the Project. PASSED and ADOPTED this 16th day of Decemb- , 14 ATTEST: A Michael R. Dalla, 'ity Clerk Ron Morrison, Mayor ROVED A. T• FORM: a dia Gacitu. Silva City Attorn-y Passed and adopted by the Council of the City of National City, California, on December 16, 2014 by the following vote, to -wit: Ayes: Councilmembers Cano, Mendivil, Morrison, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California MICHAEL R. DALLA City Clerk of the City of National City, California By: Deputy HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2014-181 of the City of National City, California, passed and adopted by the Council of said City on December 16, 2014. A Cerkofthec� City City National City, California By: Deputy 11111111110 4.V OP •••••• in t 4TH $T Funded in part by $900,000 Federal Highway Safety Improvement Program (HSIP) Grant 13 Is 5fTH sT 704 69+50 .., a. LI In 0. wirt cr, ec 68+50 4 1 LIH OS CD • Road diet w/ left -turn pockets • Corner bulb -outs • Pedestrian refuge islands • ADA enhancements • Enhanced signing and striping • Increased parking • Decorative street lights • Landscaping E 7.1 v r 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 PORTILLO CONCRETE Highland Avenue Safety Enhancements Spec. No. 13-07 Judy Hernandez (Engineering) Forwarded Copy of Contract to Portillo Concrete