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HomeMy WebLinkAbout2015 CON Western Rim Constructors - Parks Improvements ProjectOWNER - CONTRACTOR AGREEMENT KIMBALL, EL TOYON AND KIMBALL SKATE PARK IMPROVEMENTS, CIP NO. 15-04 This Owner -Contractor Agreement ("Agreement") is made by and between the City of National City, 1243 National City Boulevard National City, California 91950 and Western Rim Constructors, Inc. , 912 S. Andreasen Drive, Suite 108, Escondido, CA 92029 on the 1st day of September 2015, 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. 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. 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. 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. 12. COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall for all purposes be deemed to be an original. 13. 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 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) (Initial) 14. 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. IN WITNESS WHEREOF this Agreement is executed as of the date first written above. Contractor: ayor, City of National City (Owner/Officer signature) �I 1 Print name and title of National (Second officer signature if a corporation) G S2rnvxelscc-) < c'.eci Print name and title Contractor's City Business License No. a3 A,b,c-a1 State Contractor's License No. and Class q\a S 0rIdt-eaSer, Business street address tscond1rho,LA gac3e1 City, State and Zip Code 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. EXHIBIT B CONTRACT PRICE (NOTE - TO BE COMPLETED TO CONFORM WITH BID SCHEDULE ITEMS) Bid Results for Project Kimball, El Toyon and Kimball Skate Park Improvements (CIP No. 15-04) Issued on 06/23/2015 Bid Due on August 5, 2015 3:00 PM (Pacific) Exported on 08/10/2015 VendorlD Company IAddress Address 2 City State ZipCode Country Contact Phone Fax Email 355300 Western R 912 S Andreasen Driv Escondido 92029 United States Ray C Sam 760-489-4 760-489-4 sroth@we. Respondee Respondef Responde( Respondee Email Ray C Sam President 760-489-4 sroth@westernrim.net Bid Forma.. Submitted Delivery IV Responsiv( Status Confirmati Ranking Electronic August 5, 2015 2:51:00 PM (Pac Submitted 61574 0 Responde( Buyer Comment Attachments File Title File Name File Type license license.pdi General Attachments bid bond bond.pdf General Attachments Non Collus non coitus' General Attachments bidders inf bidders inf General Attachments references reference General Attachments current pri current pry General Attachments experience experience General Attachments verificatioi verificatioi General Attachments subcontrac subs.pdf General Attachments workers cc wc.pdf General Attachments iran iran.pdf General Attachments DIR Registi dir.pdf General Attachments Qualificati Qualificatil General Attachments Specialty C Skatepark General Attachments Line Items Item Num Section Item Code Descriptioi Unit of Me Quantity Unit Price Line Total Comment 1 KIMBALL AND EL TOY Mobilizatic LS 2 KIMBALL AND EL TOY Surveying LS 3 KIMBALL AND EL TOY Clearing ar LS 4 KIMBALL AND EL TOY Erosion Co LS 5 KIMBALL AND EL TOY Traffic Cor LS 6 KIMBALL AND EL TOY Unclassifie LS 7 KIMBALL AND EL TOY Structural LS 8 KIMBALL AND EL TOY Unsuitable CY 9 KIMBALL AND EL TOY Construct LF 10 KIMBALL AND EL TOY Construct' SF 11 KIMBALL AND EL TOY Construct SF 12 KIMBALL AND EL TOY Construct SF 13 KIMBALL AND EL TOY Construct' SF 14 KIMBALL AND EL TOY Construct LF 15 KIMBALL AND EL TOY Construct LS 16 KIMBALL AND EL TOY Furnish an EA 17 KIMBALL AND EL TOY Furnish an EA 18 KIMBALL AND EL TOY Furnish an EA 19 KIMBALL AND EL TOY Furnish an EA 20 KIMBALL AND EL TOY Permit, Fu LS 21 KIMBALL AND EL TOY Permit, Fu LS 22 KIMBALL AND EL TOY Permit, Fu LS 23 KIMBALL AND EL TOY Construct LF 24 KIMBALL AND EL TOY Construct EA 25 KIMBALL AND EL TOY Construct LF 26 KIMBALL AND EL TOY Construct LF 27 KIMBALL AND EL TOY Repair Exi5 LS 1 1 1 1 1 1 1 200 20 10270 6640 3630 1150 110 1 1 1 6 3 1 1 1 62 2 40 80 1 $82,136.96 $17,393.05 $93,147.13 $21,277.50 $2,898.84 $29,030.38 $19,099.40 $52.18 $79.90 $8.11 $10.89 $10.61 $10.74 $23.19 $16,194.09 $6,211.87 $2,084.85 $5,863.43 $1,690.60 $77,752.75 $232,949.81 $93,499.26 $362.82 $4,812.08 $449.90 $172.18 $1,159.54 $82,136.96 $17,393.05 $93,147.13 $21,277.50 $2,898.84 $29,030.38 $19,099.40 $10,436.00 $1,598.00 $83,289.70 $72,309.60 $38,514.30 $12,351.00 $2,550.90 $16,194.09 $6,211.87 $ 2,084.85 $35,180.58 $5,071.80 $77,752.75 $232,949.81 $93,499.26 $22,494.84 $9,624.16 $17,996.00 $13,774.40 $1,159.54 28 KIMBALL AND EL TOY Repair Exi5 LS 1 $1,159.54 $1,159.54 29 KIMBALL AND EL TOY Apply Anti LS 1 $5,797.68 $5,797.68 30 KIMBALL AND EL TOY Furnish an LF 7750 $12.76 $98,890.00 31 KIMBALL AND EL TOY Furnish an EA 46 $881.25 $40,537.50 32 KIMBALL AND EL TOY Furnish an EA 6 $968.21 $5,809.26 33 KIMBALL AND EL TOY Furnish an EA 1 $6,957.22 $6,957.22 34 KIMBALL AND EL TOY Furnish an LS 1 $38,844.49 $38,844.49 35 KIMBALL AND EL TOY Furnish an EA 1 $1,460.91 $1,460.91 36 KIMBALL AND EL TOY Install City EA 20 $563.53 $11,270.60 37 KIMBALL AND EL TOY Furnish an LF 6000 $2.16 $12,960.00 38 KIMBALL AND EL TOY Furnish an EA 2 $1,884.11 $3,768.22 39 KIMBALL AND EL TOY Furnish an EA 3 $730.46 $2,191.38 40 KIMBALL AND EL TOY Furnish an EA 2 $6,479.49 $12,958.98 41 KIMBALL AND EL TOY Furnish an EA 3 $313.07 $939.21 42 KIMBALL AND EL TOY Furnish an EA 9 $1,021.55 $9,193.95 43 KIMBALL AND EL TOY Building Ac LS 1 $10,203.92 $10,203.92 44 KIMBALL AND EL TOY Furnish an EA 1 $1,884.11 $1,884.11 45 KIMBALL AND EL TOY Furnish an EA 1 $7,197.25 $7,197.25 46 KIMBALL AND EL TOY Furnish an EA 1 $5,431.27 $5,431.27 47 KIMBALL AND EL TOY Furnish an EA 3 $1,345.06 $4,035.18 48 KIMBALL AND EL TOY Furnish an EA 1 $1,265.05 $1,265.05 49 KIMBALL AND EL TOY Furnish an EA 1 $2,235.59 $2,235.59 50 KIMBALL AND EL TOY Furnish an EA 1 $5,197.04 $5,197.04 51 KIMBALL AND EL TOY Furnish an LF 500 $10.47 $5,235.00 52 KIMBALL AND EL TOY Remove at EA 1 $11,015.60 $11,015.60 53 KIMBALL AND EL TOY Furnish an LF 50 $18.55 $927.50 54 KIMBALL AND EL TOY Furnish an LF 2600 $4.38 $11,388.00 55 KIMBALL AND EL TOY Field Splica LS 1 $637.70 $637.70 56 KIMBALL AND EL TOY Fiber Splici LS 1 $927.56 $927.56 57 KIMBALL AND EL TOY Furnish an LF 240 $47.62 $11,428.80 58 KIMBALL AND EL TOY Furnish an LF 50 $46.38 $2,319.00 59 KIMBALL AND EL TOY Furnish an LF 170 $83.06 $14,120.20 60 KIMBALL AND EL TOY Furnish an EA 10 $878.93 $8,789.30 61 KIMBALL AND EL TOY Furnish an EA 3 $1,264.22 $3,792.66 62 KIMBALL AND EL TOY Furnish an EA 63 KIMBALL AND EL TOY Furnish an EA 64 KIMBALL AND EL TOY Furnish an LF 65 KIMBALL AND EL TOY Furnish an LF 66 KIMBALL AND EL TOY Landscape LS 67 KIMBALL AND EL TOY Irrigation LS 68 KIMBALL AND EL TOY Landscape MONTH 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 EL TOYON EL TOYON EL TOYON EL TOYON EL TOYON EL TOYON EL TOYON EL TOYON EL TOYON EL TOYON EL TOYON PARK ADDI Mobilizatir LS PARK ADDI Surveying LS PARK ADDI Clearing ar LS PARK ADDI Erosion Co LS PARK ADDI Traffic Cor LS PARK ADDI Unclassifie LS PARK ADDI Structural LS PARK ADDI Construct SF PARK ADDI Construct . SF PARK ADDI Construct , TONS PARK ADDI Construct 1 TONS EL TOYON PARK ADDI Construct 1 LF EL TOYON PARK ADDI Construct EA EL TOYON PARK ADDI Permit, Fu EA EL TOYON PARK ADDI Furnish an EA EL TOYON PARK ADDI Furnish an LF EL TOYON PARK ADDI Furnish an LF EL TOYON PARK ADDI Furnish an EA EL TOYON PARK ADDI Install City EA EL TOYON PARK ADDI Furnish an EA EL TOYON PARK ADDI Furnish an EA EL TOYON PARK ADDI Furnish an EA EL TOYON PARK ADDI Furnish an EA EL TOYON PARK ADDI Furnish an LF EL TOYON PARK ADDI Building Ac LS EL TOYON PARK ADDI Furnish an LF 1 $4,911.33 4 $1,159.54 10 $122.67 5 $258.02 1 $63,326.77 1 $39,401.06 4 $1,159.54 Subtotal 1 $9,972.02 1 $1,739.31 1 $23,641.38 1 $4,354.06 1 $5,797.68 1 $27,132.01 1 $19,273.18 755 $11.44 4520 $8.22 40 $202.92 70 $55.45 85 $71.08 2 $1,304.48 2 $122,934.11 2 $3,867.06 2000 $16.11 1500 $4.38 12 $881.25 14 $563.53 1 $1,884.11 1 $753.64 1 $6,479.49 10 $1,021.55 8500 $2.16 1 $2,724.91 50 $18.55 $4,911.33 $4,638.16 $1,226.70 $1,290.10 $63,326.77 $39,401.06 $4,638.16 $1,500,228.66 $9,972.02 $1,739.31 $23,641.38 $4,354.06 $5,797.68 $27,132.01 $19,273.18 $8,637.20 $37,154.40 $8,116.80 $3,881.50 $6,041.80 $2,608.96 $245,868.22 $7,734.12 $32,220.00 $6,570.00 $10,575.00 $7,889.42 $1,884.11 $753.64 $6,479.49 $10,215.50 $18,360.00 $2,724.91 $927.50 95 EL TOYON PARK ADDI Field Splicc LS 96 EL TOYON PARK ADDI Fiber Splici LS 97 EL TOYON PARK ADDI Furnish an LF 98 EL TOYON PARK ADDI Furnish an LF 99 EL TOYON PARK ADDI Furnish an EA 100 EL TOYON PARK ADDI Furnish an SF 101 EL TOYON PARK ADDI Furnish an EA 102 EL TOYON PARK ADDI Furnish an EA 103 EL TOYON PARK ADDI Furnish an TONS 104 Additive Alternates Ki Mobilizatic LS 105 Additive Alternates Ki Surveying LS 106 Additive Alternates Ki Clearing ar LS 107 Additive Alternates Ki Erosion Co LS 108 Additive Alternates Ki Furnish an EA 109 Additive Alternates Ki Furnish an EA 110 Additive Alternates Ki Furnish an EA 111 Additive Alternates Ki Furnish an EA 112 Additive Alternates Ki Furnish an EA 113 114 115 116 117 118 119 120 121 122 123 124 125 126 Kimball Skate Kimball Skate Kimball Skate Kimball Skate Kimball Skate Kimball Skate Kimball Skate Kimball Skate Kimball Skate Kimball Skate Kimball Skate Kimball Skate Kimball Skate Kimball Skate Park Ba Mobilizatic LS Park Ba Surveying LS Park Ba Clearing ar LS Park Ba Erosion Co LS Park Ba Traffic & P LS Park Ba Unclassifie LS Park Ba Removal a CY Park Ba Skate Park LS Park Ba Construct SF Park Ba Construct .SF Park Ba Furnish an TON Park Ba Construct LF Park Ba Construct LF Park Ba Landscape LS 1 $637.70 1 $927.56 50 $74.72 20 $207.58 4 $878.93 610 $2.64 4 $445.77 1 $579.77 2 $835.16 Subtotal 1 $1,159.54 1 $231.91 1 $231.91 1 $115.95 3 $1,652.13 3 $1,610.78 14 $4,273.80 7 $7,304.56 3 $4,060.31 Subtotal 1 $81,779.82 1 $11,595.37 1 $55,861.96 1 $27,817.29 1 $2,898.84 1 $122,846.89 50 $52.18 1 $405,621.74 670 $7.79 20 $23.19 80 $208.53 80 $23.19 1080 $21.04 1 $97,992.15 $637.70 $927.56 $3,736.00 $4,151.60 $3,515.72 $1,610.40 $1,783.08 $579.77 $1,670.32 $529,164.36 $1,159.54 $231.91 $231.91 $115.95 $4,956.39 $4,832.34 $59,833.20 $51,131.92 $12,180.93 $134,674.09 $81,779.82 $11,595.37 $55,861.96 $27,817.29 $2,898.84 $122,846.89 $ 2, 609.00 $405,621.74 $5,219.30 $463.80 $16,682.40 $1,855.20 $22,723.20 $97,992.15 127 Kimball Skate Park Ba Irrigation LS 128 Kimball Skate Park Ba Landscape LS 129 Kimball Skate Park Ba Construct SF 130 Kimball Skate Park Ba Furnish an LF 131 Kimball Skate Park Ba Construct LF 132 Kimball Skate Park Ba Construct 'SF 133 Kimball Skate Park Ba Construct SF 134 Kimball Skate Park Ba Furnish an LF 135 Kimball Skate Park Ba Furnish an EA 136 Kimball Skate Park Ba Furnish an EA 137 Kimball Skate Park Ba Furnish an EA 138 Kimball Skate Park Ba Furnish an EA 139 Kimball Skate Park Ba Construct LS 140 Kimball Skate Park Ba Furnish an EA 141 Kimball Skate Park Ba Furnish an EA 142 Kimball Skate Park Ba Furnish an EA 143 Kimball Skate Park Ba Perform N LS 144 Kimball Skate Park Ba Furnish an LF 145 Kimball Skate Park Ba Install City EA 146 Kimball Skate Park Ba Furnish an EA 147 Kimball Skate Park Ba Furnish an LF 148 Kimball Skate Park Ba Perform TE LS 149 A Avenue 150 A Avenue 151 A Avenue 152 A Avenue 153 A Avenue 154 A Avenue 155 A Avenue 156 A Avenue 157 A Avenue 158 A Avenue 159 A Avenue Extension A Mobilizatic LS Extension A Surveying LS Extension A Clearing ar LS Extension A Erosion Co LS Extension A Unclassifie LS Extension A Construct SF Extension A Construct LF Extension A Furnish an LF Extension A Furnish an EA Extension A Landscape LS Extension A Permit, Fu EA 1 1 40 80 40 2550 560 435 8 1 5 1 1 6 10 16 1 1050 3 3 2100 1 1 1 1 1 1 2600 250 30 1 1 1 $8,116.76 $4,638.15 $46.38 $241.18 $450.84 $23.74 $21.43 $42.21 $488.30 $3,478.61 $878.93 $579.77 $1,249.42 $6,261.05 $7,536.45 $898.64 $985.61 $ 59.14 $563.53 $1,021.55 $2.16 $4,007.36 Subtotal $5,797.69 $2,898.84 $16,283.46 $5,565.78 $15,901.63 $7.93 $22.26 $108.32 $771.23 $73,085.78 $82,567.15 $8,116.76 $4,638.15 $1,855.20 $19,294.40 $18,033.60 $60,537.00 $12,000.80 $18,361.35 $3,906.40 $3,478.61 $4,394.65 $579.77 $1,249.42 $37,566.30 $75,364.50 $14,378.24 $985.61 $62,097.00 $1,690.59 $3,064.65 $4,536.00 $4,007.36 $1,216,103.32 $5,797.69 $2,898.84 $16,283.46 $5,565.78 $15,901.63 $20,618.00 $5,565.00 $3,249.60 $771.23 $73,085.78 $82,567.15 160 A Avenue Extension P Furnish an LF 161 Kimball Skate Park Ad Mobilizatic LS 162 Kimball Skate Park Ad Surveying LS 163 Kimball Skate Park Ad Clearing ar LS 164 Kimball Skate Park Ad Erosion Co LS 165 Kimball Skate Park Ad Unclassifie LS 166 Kimball Skate Park Ad Construct LF 167 Kimball Skate Park Ad Furnish an LF 168 Kimball Skate Park Ad Furnish an LS 169 Kimball Skate Park Ad Furnish an EA 170 Kimball Skate Park Ad Furnish an EA 171 Kimball Skate Park Ad Furnish an EA 172 Kimball Skate Park Ad Furnish an EA 173 174 175 176 177 178 179 180 181 182 183 184 185 186 Plaza Extension Addit Mobilizatic LS Plaza Extension Addit Surveying LS Plaza Extension Addit Clearing ar LS Plaza Extension Addit Erosion Co LS Plaza Extension Addit Unclassifie LS Plaza Plaza Plaza Plaza Plaza Plaza Plaza Plaza Plaza Extension Addit Construct SF Extension Addit Furnish an EA Extension Addit Landscape LS Extension Addit Irrigation LS Extension Addit Landscape MO Extension Addit Construct SF Extension Addit Construct SF Extension Addit Construct SF Extension Addit Furnish an LF 187 Plaza Extension Addit Mobilizatic LS 188 Plaza Extension Addit Surveying LS 189 Plaza Extension Addit Clearing ar LS 190 Plaza Extension Addit Erosion Co LS 460 $9.86 Subtotal 1 $5,797.68 1 $1,739.31 1 $1,739.31 1 $231.91 1 $1,159.54 330 $28.99 330 $97.29 1 $8,696.53 3 $1,610.78 2 $2,374.73 2 $2,360.82 2 $2,360.82 Subtotal 1 $5,797.68 1 $2,898.84 1 $25,290.91 1 $4,812.08 1 $2,898.84 205 $51.96 1 $771.23 1 $109,319.60 1 $22,031.20 4 $1,159.54 4200 $8.47 400 $9.28 270 $46.38 270 $9.86 Subtotal 1 $5,797.68 1 $2,898.84 1 $25,290.91 1 $4,812.08 $4,535.60 $236,839.76 $5,797.68 $1,739.31 $1,739.31 $231.91 $1,159.54 $9,566.70 $32,105.70 $8,696.53 $4,832.34 $4,749.46 $4,721.64 $4,721.64 $80,061.76 $5,797.68 $2,898.84 $25,290.91 $4,812.08 $2,898.84 $10,651.80 $771.23 $109,319.60 $22,031.20 $4,638.16 $35,574.00 $3,712.00 $12,522.60 $2,662.20 $243,581.14 $5,797.68 $2,898.84 $25,290.91 $4,812.08 191 Plaza Extension Addit Unclassifie LS 192 Plaza Extension Addit Furnish an TON 193 Plaza Extension Addit Construct SF 194 Plaza Extension Addit Furnish an EA 195 Plaza Extension Addit Landscape LS 196 Plaza Extension Addit Irrigation LS 197 Plaza Extension Addit Landscape MO 198 Plaza Extension Addit Construct SF 199 Plaza Extension Addit Furnish an LF 200 El Toyon Park Additivt Mobilizatic LS 201 El Toyon Park Additive Clearing ar LS 202 El Toyon Park Additivt Erosion Co LS 203 El Toyon Park Add itiv, Traffic Cor LS 204 El Toyon Park Additiv, Furnish an LS 205 El Toyon Park Additiv, Furnish an LF 206 El Toyon Park Additive Furnish an LF 207 El Toyon Park Additive Furnish an EA 208 El Toyon Park Additivt Furnish an LF 209 El Toyon Park Additivt Furnish an EA 1 74 205 1 1 1 4 255 270 1 1 1 1 1 1000 3000 8 12 2 $2,898.84 $231.40 $51.96 $771.23 $109,319.60 $22,031.20 $1,159.54 $46.38 $9.86 Subtotal $5,797.68 $579.77 $231.91 $2,898.84 $5,797.68 $32.47 $2.32 $898.64 $229.59 $31,052.40 Subtotal Total $2,898.84 $17,123.60 $10,651.80 $771.23 $109,319.60 $22,031.20 $4,638.16 $11,826.90 $2,662.20 $220,723.04 $5,797.68 $579.77 $231.91 $2,898.84 $5,797.68 $32,470.00 $6,960.00 $7,189.12 $2,755.08 $62,104.80 $126,784.88 $4,288,161.01 CORPORATE CERTIFICATE I, ay C Soirovelscxm certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that RON C SOIrnu-elscr\ Contractor, was then .C'5�4f,\10'n--\-' 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. , who signed said contract on behalf of the I, Ra‘.1 C SOrc)Uk21 Scr) certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that -grAN C. SOmu-e1scr-1 , who signed said contract on behalf of the Contractor, was then -PC?Sicler14-- 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: STATE OF 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: PERFORMANCE BOND WHEREAS, the City Council of the City of National City, by Resolution No. 2015-136, passed the 1st day of September, 2015 has awarded to Western Rim Constructors, Inc., hereinafter designated as the "Principal", the KIMBALL, EL TOYON AND KIMBALL SKATE PARK IMPROVEMENTS, CIP No. 15-04. 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 as surety, are held and firmly bound unto the City Council of the City of National City, hereinafter called the "Council", in the penal sum of Three Million Four Hundred Fifty Two Thousand, Three Hundred Forty Two Dollars and 98 Cents ($3,452,342.98) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the above bounden Principal, his/her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said contract any alteration thereof made as therein provides, on his or their part, to be kept and performed at the time and in the amount therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of National City, the City Council, their officers, agents, and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed herein or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or additions to the terms of the contract or to the work or to the specifications. 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 day of 2015. (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) Surety Principal PERFORMANCE BOND ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF COUNTY OF ) ss 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: Name (Type or Print): Notary Public in and for said County and State My Commission expires: PAYMENT BOND WHEREAS, the City Council of the City of National City, by Resolution No. 2015-136, passed the 1st day of September, 2015 has awarded Western Rim Constructors, Inc., hereinafter designated as the "Principal", the KIMBALL, EL TOYON AND KIMBALL SKATE PARK IMPROVEMENTS, CIP NO. 15-04. 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 as surety, are held and firmly bound unto the City Council of the City of National City, hereinafter called the "Council", in the penal sum of Three Million Four Hundred Fifty Two Thousand, Three Hundred Forty Two Dollars and 98 Cents ($3,452,342.98) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his/her or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay any of the persons named in Section 3181 of the California Civil Code, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the Contractor and his subcontractors pursuant to Section 18806 of the Revenue and Taxation Code, with respect to such work and labor the Surety will pay for the same in an amount not exceeding the sum hereinafter specified, and also, in case suit is brought upon this bond, a reasonable attorney's fee, to be fixed by the Court. This Bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code, so as to give a right of action to such persons or their assigns in any suit brought upon this bond. 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 day of , 2015. (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) Surety Principal 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: Name (Type or Print): (Notary Public in and for said County and State) My Commission expires: ATTACH ALL BONDS 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 orthe 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 o,tothe specifications. In the event sub is brought upon this bond by the City ufNational [hv and judgment is recovered, the suety shall pay all costs incurred by the Council in such suit, including a reasonable attorncy'sfee tobe fixed bythe Court, IN WITNESS WHEREOF three identical counterparts of this instrument, each of which shall for all purposes be deemed an original thenenf, have been duly executed by the Principal and Surety above named, on the 9TH day of SEPTEMBER 2015. NORTH AMER|CANSPECIALTY INSURANCE COMPANY WESTERN RIM CONSTRUCTORS, INC. (5EAL EAL) BY ^� MAmxo. iArmROm.ATTomveww-FAc (SEAL) ^ RAY C. SAMUELSON, PRESIDENT Principal BEAL> CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT _ter. _ _ rrrc ttr CIVIL CODE § 1189 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 Calif is County of `- biNeo ) before me, SGc\dCct 1?..i41 1.30-17.1c j� Here Insert Name and personally appeared 1 *\I C SG`(1111SOt1 l Name(s) of Signers) s Date tle of the Officer who proved to me on the basis of satisfactory evidence to be the persona) whose name is/are subscribed to the within instrument and acknowledged to me that he/stie/thy executed the same in his/h1s,c/tiIsir authorized capacity(I ;), and that by his/tier/thejr signature(§, on the instrument the person$), or the entity upon behalf of which the personN 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. SANDRA ROTH COMM. #2008101 NOTARY PUBLIC • CALIFORNIA o SAN DIEGO COUNTY Commission Expires Feb 18, 2017 Place Notary Seal Above WITNESS my hand and official seal. Signature OPTIONAL Signature of Notary Public Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended 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: L.' Corporate Officer — Title(s): 1 Partner — {_ Limited 171 General F Individual r- Attorney in Fact Trustee ; Guardian or Conservator i Other: Signer Is Representing: Signer's Name: Corporate Officer — Title(s): Partner — ! .a Lirnited General Individual Attorney in Fact Trustee " Guardian or Conservator Other: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 EXECUTED IN TRIPLICATE BOND NO. 2200135 PREMIUM: $31,266.00 PREMIUM IS FOR CONTRACT TERM AND IS SUBJECT TO ADJUSTMENT BASED ON FINAL CONTRACT PRICE PERFORMANCE BOND WHEREAS, the City Council of the City of National City, by Resolution No. 2015-136, passed the lst day of September, 2015 has awarded to Western Rim Constructors, Inc., hereinafter designated as the "Principal", the KIMBALL, EL TOYON AND KIMBALL SKATE PARK IMPROVEMENTS, CIP No. 15-04. 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 NORTH AMERICAN SPECIALTY INSURANCE COMPANY as surety, are held and firmly bound unto the City Council of the City of National City, hereinafter called the "Council", in the penal sum of Three Million Four Hundred Fifty Two Thousand, Three Hundred Forty Two Dollars and 98 Cents ($3,452,342.98) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION 1S SUCH THAT if the above bounden Principal, his/her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said contract any alteration thereof made as therein provides, on his or their part, to be kept and performed at the time and in the amount therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of National City, the City Council, their officers, agents, and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed herein or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or additions to the terms of the contract or to the work or to the specifications. 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 attorneys 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 MBER Principal and Surety above name& on the day of 2015. NORTH AMERICAN SPECIALTY INSURANCE COMPANY (SEAL) EAL) BY: kSEAL MARTRO K_NLAS-T-) Surety WESTERNRIM CONSTR CTORS, INC. (SEAL) (SEAL) (SEAL) BY: RAY C. SAMUELSON, PRESIDENT Principal PERFORMANCE BOND ATTONNEY-|K-F4CTACKNOWLEDGEMENT C>FSURETY STATE OF ) s� \ COUNTY OF ) \s� On this day of , 3015, 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 asSurety 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 Atto,ney'n-fact must attach a certified copy of the Power of Attorney. Signat ure: Name (Type orPrint): My Commission expires: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 9/9/2015 before me, MICHELLE M. BASUIL, NOTARY PUBLIC Date Here Insert Name and Title of the Officer MARK D. IATAROLA personally appeared Name(e) of Signer(e) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/arc subscribed to the within instrument and acknowledged to me that he/shef#hey executed the same in his eir authorized capacity(ies), and that by his/law- hoir 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. MICHELLE M. BASUIL COMM # 2034911 SAN DIEGO COUNTY NOTARY PUBLIC-CALIFORNIA Z MY COMMISSION EXPIRES AUG. 24, 201 7 Jr( Place Notary Seal Above WITNESS my hand and official seal. Signature ci ( t. 74, Signatu e of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Capacity(ies) Claimed by Signer(s) Signer's Name: MARK D. IATAROLA ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ® Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Named Above: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited El General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 ss: NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg, Illinois, each does hereby make, constitute and appoint: JOHN G. MALONEY, HELEN MALONEY, MICHELLE M. BASUIL, GLENDA J. ROONEY, and MARK D. IATAROLA JOINTLY OR SEVERALLY Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: FIFTY MILLION ($50,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 9th of May, 2012: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." 0 ...Awry, F. By SEAL n = Steven P. Anderson, Senior Vice President of Washington International Insurance Company trays is 1973 ero tmj = & Senior Vice President of North American Specialty Insurance Company By David M. Layman, Vice President of Washington International Insurance Company & Vice President of North American Specialty Insurance Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 9th day of May , 20 14 . North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook On this 9th day of May , 2014 before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman , Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. fesadlardasoIlfssaeorlitoSIsIsagabossimikalisarsaVIS "OFFICIAL SEAL" (DONNA D. SKLENS Notary Public, Slate of Illinois t Donna D. Sklens, Notary Public My Commission Expires 10/06/20151 I, Jeffrey Goldberg , the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 9th day of SEPTEMBER , 20 15 Jeffrey Goldberg, Vice President & Assistant Secretary of Washington International insurance Company & North American Specialty Insurance Company 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 shalt 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 9TH day of SEPTEMBER , 2015. NORTH AMERICAN SPECIALTY INSURANCE COMPANY (SEAL) WESTERN RIM CONSTRUCTORS, INC. (SEAL) BY: A/ 0, (SEAL) BY: / ( -�-- (SEAL) MARK D. IATAROLA, ATTORNEY -IN -FACT Surety (SEAL) RAY C. SAMUELSON, PRESIDENT Principal (SEAL) 1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 Calif is ) County of �Y1 tY e C7 ) On CI )GI ) Ibefore me, am( Y/tcq 10C olt c Date Here Insert Name and Title of the Officer personally appeared 1\CX\-1 l_ GIYYIUetS(X\ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person( whose nameN, is/a)e subscribed to the within instrument and acknowledged to me that he/stye/tty executed the same in his/Nr/ter authorized capacity(teg), and that by his/tier/th tr signatureN on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. SANDRA ROTH o jCi? COMM. #2008101 0 NOTARY PUBLIC • CALIFORNIA o SAN DIEGO COUNTY Commission Expires Feb 18, 2017 Place Notary Seal Above WITNESS my hand and official seal. Signature OPTIONAL Signature of Notary Public Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Signer(s) Other Than Capacity(ies) Claimed by Signer(s) Signer's Name: Li Corporate Officer — Title(s): 1 Partner — i" Limited 17 General r, Individual r- Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: Document Date: Named Above: Signer's Name: Corporate Officer — Title(s): Partner — !- Limited ' General Individual I : Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 EXECUTED |NTRIPLICATE BOND NO. 22UO135 PREMIUM INCLUDED INPERFORMANCE BOND PAYMENT BOND WHEREAS, the City Council of the City of National City, by Resolution No. 2015-135 passed the 1st day ofSeptember, 2015 has awarded VVentemm Rim Constructors,- Inc., hereinafter designated asthe "Prindpa|", the K|K4RALLELTDYONAND K|MBALLSKATE PARK IMPROVEMENTS, [|PNO, l5'04. WHEREAS, said Principal is required by Chapter S (commencing atSection S225\ and Chapter 7 (commencing at Section 3247), Title 15, Part 4, Division 3 of the California Civil Code tofurnish a bond in connection with said contract; NORTMAMER|CAN NOW, THEREFORE, we, the Principal and SPECIALTY INSURANCE COMPANY as surety' are held and M/nn|y bound unto the City Council of the City of National City, hereinafter called the "Council", in the penal sum of Three PWUUoa Four Hundred Fifty Two Thousand, Three Hundred Forty Two Dollars and 98Cents /$3^453,342'9Ql lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, execuiors, administrators and successors, jointly and severally, firmly bythese presents. THE CONDITION OF THIS OBLIGATION B SUCH that if said Principal, his/her or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay any ofthe persons named in Section 3l81ofthe California Civil Code, oramounts 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, areasonable attorney'sfee, tobefixed bythe Court. This Bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil [ode, so as to give a right of action to such persons or their assigns in any suit brought upon this bond. ATTORNEY-IN-FACTACKNOWLED(3EMENT OF SURETY STATE OF [OUNTYDF On this day «+ Notary Public in 2025, before me, the undersigned, a - for said County and State, personally appeared w/hose name is s known to me bo be the person— the within instrument as the attorney -in -fact of the in saidinstrument,aod acknowledged to me that he subscribed the named asSurety u]/po�t/«»thereto asSuretkand h�nvvn nameasa1tc subscribed the name of said - omoy`in-fact. NOTE ---- . Signature of those ex ti ---' / ecu nQ for | Surety must be properly acknovv|edged. Signature: ,Name �v,,.� . or Print). NOTE: mey-in'factmust attach a certified Copy of the Power of Attorney, (Notary Public in and for said County and State) K4yCommissi on expires: A77ACHALLBONDS State of Califomia County of On SAN DIEGO 9/9/2015 Date personally appeared CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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. before me, MICHELLE M. BASUIL, NOTARY PUBLIC Here Insert Name and Title of the Officer MARK D. IATAROLA Name(e) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person subscribed to the within instrument and acknowledged to me that hefslle{}, hisH�eH#fteM• authorized capacity ' (� whose name(s) is/we or the entity upon behalf of which person acted, executed the instrument, executed the same in by e+� signature( on the instrument the person(s), MICHELLE M. BASUIL COMM # 2034911 SAN DIEGO COUNTY NOTARY PUBLIC-CALIFORNIA Z MY COMMISSION EXPIRES AUG. 24. 2017 �rvv Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature h Signa ure of Notaty Public Though this section is optional, completing this information can deter alteration of the document OPTIONAL fraudulent reattachment of this form to an unintended document Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: MARK D. IATAROLA ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General Individual X Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Ite m #5907 On this 9th day of May Onshi 9t International of Tonal IMayattce Company4before me, a Nota ry Public personally appeareSteven s Anderson , am Vice President of and Senior Vice President of North American Specialty Insurance Company Vice President of Washington International Insurance Company personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorneyas off P y and Vice President of North American Specialty Insurane Company, d M. La an , acknowledged said instrument to be the voluntary act and deed of their respective companies. tears of and M DONNA D. SKLENS Notary Public, State of Illinois My Commission Ex 10/06/2015 NORTH AMERICAN SPECIALTY INSURANCE CONAS MPANY GROUP WASHINGTON INTERNATIONAL INSURANCE COMPANY PRESENTS, GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESEpNs of the Late of New Hampshire, THAT North American Specialty Insurance Company, Insurance Company, and d having its principal office in the City of Manchester, New Hampshire, and Washington International P y a corporation organized and existing under the laws of the State of New HY, a corporation duly organized and existing under Hampshire and having its principal office in the Schaumburg, Illinois, each does hereby make, constitute and appoint: City of JOHN G. MALONEY, HELEN MALONEY, MICHELLE M. BASUIL, GLENDA J. ROONEY, and MARK D. IATAROLA JOINTLY OR SEVERALLY Its true and lawful Attorne s _ Y() in Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writ' obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as law, regulation, contract or otherwise, provided that no bond or undertaking amount of: p areneor may be required ted by or contract or suretyship executed under this authority shall exceed the FIFTY MILLION ($50,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and b onDirectors of both North American Specialty Insurance Company g the authority of the following Resolutions adopted by the Boards of the 9t of May, 2012: P y and Washington International Insurance Company at meetings duly called and held that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, anyAssist the Secretary or any Assistant Secreta ry be, and each or any of them hereby is authorized to execute a Power of Attorney in the given Power of Attorney to execute on behalf of the Company hereby is authorized to attest to the execution behalf any such Power of Attorne ant Vice President, bonds, undertakings all contracts of sure qualifying the attorney named g surety, and that each is any of them FURTHER RESOLVED, that the signature of such officers and the seal of the CompanyBreen the seal of the Company; certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile sito gnatures and it is binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract d of sur ny such Power of Attorney or." to any the �����i�1 es or facsimile seal shall be cr.606 .7<:%,surety to which it is attached." S r• , SEAS By ,N\t1\\IIINNNWaI///ry// _a: i• nk TION it' 1973 rpch ` Steven P. Anderson, Senior Vice President of Washington International Insurance Company �A IN .z C .... t•'•., h �e•'O de Vice President of North American Specialty Insurance Company a` 1�! '0'00k t? �'. y'boNMyt Offill IQs`�\.\� o °SEf1Lr�` By v'x I y.. o g David M Layman Vice President of Washington International Insurance Company..... Dig & Vice President of North American Specialty Insurance Company a P�" �erQllrpjdall\H\t3�" IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 9th day of May 20 14 . State of Illinois County of Cook Ss: North American Specialty Insurance Company Washington International Insurance Company I, Jeffrey Goldbere the duly elected Assistant Secret International Insurance Company, hereby certify that the above and foregoing isof a true ric correct It y Insurance Company American Specialty nsura Insurance ny, do e and Washington International InsuranceegCompany,P t and Washington copy of a Power of Attorney given by said North IN WITNESS which is still in full force and effect. WHEREOF, I have set my hand and affixed the seals of the Companies this 9th day of SEPTEMBER ,20 15 , Jeffrey Goldberg, Vice President & Assistant Secretary of Washington International Insurance Company & North American Specialty Insurance Company Laxvitv Donna D. Sklens, Notary Public ACORD DATE (MM/DDIYYYY) 9/14/2015 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. CERTIFICATE OF LIABILITY INSURANCE 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 Michael Ehrenfeld Company 2655 Camino Del Rio North #200 San Diego CA 92108 INSURED Western Rim Constructors, Inc. 912 S. Andreasen Dr. Ste. 108 Escondido CA 92029 NAME: Leslie Leslie Frankenberger PHONE (619) 683-9990 (A/C. No. E ): E-MAIL les1ief©ehrenfeldinsurance.com ADDRESS: FAX (619)683-9999 INSURER(S) AFFORDING COVERAGE INSURER A :Great American Assurance co. INSURERB:First National Insurance Co. of INSURER C RSUI Indemnity INSURER D :Cypress Insurance Company INSURER E : NAIC # 26344 24724 22314 10855 COVERAGES • INSURER F : -----'" . -- -'- -- -' --' RCVWiUIN INUMt3tK: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER (MM/DDY�) (MM/DD/YYYY) LIMITS X COMMERCIAL GENERAL LIABILITY $ 1,000,000 EACH OCCURRENCE A CLAIMS -MADE X OCCUR DAMAGE TO RENTED $ 50,000 PREMISES (Ea occurrence) GLP2465000 6/10/2015 6/10/2016 MED EXP $ excl (Any one person) PERSONAL $ 1, 000, 000 & ADV INJURY GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 P POLICY X jECT LOC PRODUCTS - COMPlOPAGG $ 2,000,000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ 1, 000, 000 B X ANY AUTO ALL OWNED SCHEDULED BODILY INJURY (Per person) $ A AUTOS _ AUTOS NON -OWNED 25CC34980030 10/5/2014 10/5/2015 BODILY (Per ( ) $ X HIRED AUTOS X AUTOS PROPERTY DAMAGE (Per accident) $ Medical payments $ 2,000 X UMBRELLA LIAR X O OCCUR EACH OCCURRENCE $ 10, 000, 000 C EXCESS LIAB CLAIMS -MADE NHA238127 AGGREGATE $ 10, 000, 000 DED RETENTON$ 6/10/2015 6/10/2016 $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/ N X STATUTE ERH ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N / A E.L. EACH ACCIDENT $ 1,000,000 D (Mandatory In NH) If yes, describe under 3300060030141 10/1/2014 10/1/2015 E.L. DISEASE - EA EMPLOYEE $ 1, 000,000 D DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1, 000, 000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re Kimball, El Toyon, & Kimbal Skate Park Improvements, CIP 15-03. The City of National City is added as Additional Insured per endt. CG20370704 & CG20330704, when required by written contract. Primary per GAC3649CG1106.Waiver of subrogation on GL per CG2404 0509. Waiver of subrogation on Work Comp per WC990634 attached. Additional Insured & Waiver on Auto per CA71100307. Wrap Exclusion per GAC3734 0312. CANCELLATION City of National City Engineering Department 1243 National City Boulevard National City, CA 91950 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Pat Reilly/LESLIF ACORD 25 (2014/01) INS025 (9014o1) ©1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Golden Eagle Insurance COMMERCIAL AUTO CA71 10 03 07 Western Rim Constructors, Inc. Policy 25CC34980030 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. BLANKET ADDITIONAL INSURED SECTION II - LIABILITY COVERAGE - A.1. WHO IS AN INSURED provision is amended by the addition of the following: e. Any person or organization for whom you are required by an "insured contract" to provide insurance is an "insured", subject to the following additional provisions: (1) The "insured contract" must be in effect during the policy period shown in the Declarations, and must have been executed prior to the "bodily injury" or "property damage". (2) This person or organization is an "insured" only to the extent you are liable due to your ongoing operations for that insured, whether the work is performed by you or for you, and only to the extent you are held liable for an "accident" occurring while a covered "auto" is being driven by you or one of your employees. (3) There is no coverage provided to this person or organization for "bodily injury" to its employees, nor for "property damage" to its property. (4) Coverage for this person or organization shall be limited to the extent of your negligence or fault according to the applicable principles of comparative negligence or fault. (5) The defense of any claim or "suit" must be tendered by this person or organization as soon as practicable to all other insurers which potentially provide insurance for such claim or "suit". (6) The coverage provided will not exceed the lesser of: (a) The coverage and/or limits of this policy; or (b) The coverage and/or limits required by the "insured contract". (7) A person's or organization's status as an "insured" under this subparagraph d ends when your operations for that "insured" are completed. BLANKET WAIVER OF SUBROGATION We waive the right of recovery we may have for payments made for "bodily injury" or "property damage" on behalf of the persons or organizations added as "insureds" under Section II - LIABILITY COVERAGE - A.I.D.BROAD FORM NAMED INSURED and A.1.G. BLANKET ADDITIONAL INSURED. Western Rim Constructors Inc Policy GLP1862549 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 33 (Ed. 07 04) ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. SECTION II - WHO IS AN INSURED is amended to include as an Additional Insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an Additional In- sured on your policy. Such person or or- ganization is an Additional Insured only with respect to liability for "bodily injury," "prop- erty damage' or "personal and advertising in- jury" caused, in whole or in part, by: 1. your acts or omissions: or 2, the acts or omissions of those acting on your behalf: in the performance of your ongoing oper- ations for the Additional Insured. A person's or organization's status as an Ad- ditional Insured under this endorsement ends when your operations for that Additional In- sured are completed. B. With respect to the insurance afforded to these Additional Insureds. the following addi- tional exclusions apply: This insurance does not apply to: 1. "Bodily injury," "property damage" or "per- sonal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a. the preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports. surveys. field orders, change orders or draw- ings and specifications: or b. supervisory, inspection, architectural or engineering activities. 2. "Bodily injury," or "property damage" oc- curring after: a. all work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the Additional Insuredis) at the location of the covered operations has been completed: or b. that portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than an- other contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. Copyright, ISO Properties, Inc.. 2004 CG 20 33 lEd 07/04) XS Western Rim Constructors Inc Policy GLP 1862549 CG 20 37 (Ed. 07 04) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Name of Additional Insured Person(s) or Organization(s): Any person or organization that "you" and such person or organiza- tion have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on "your" policy, but only for "your non- residential work" performed during this policy period. Schedule Location and Description of Completed Operations: Only per Certificate(s1 of Insurance accepted by and on file with "us". "Your non-residential work" performed during this policy period. Additional Premium: Included Information required to complete this Schedule, if not shown above, will be shown in the Declarations. SECTION II - WHO IS AN INSURED is amended to include as an Additional Insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that Additional Insured and included in the "products -completed operations hazard." Copyright, ISO Properties, Inc., 2004 CG 20 37 (Ed. 07/04) PRO (Page 1 of 1) Western Rim Constructors Inc Policy GLP1862549 GAC 3649CG (Ed. 11 06) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY NON-CONTRIBUTORY INSURANCE ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM This insurance is primary to any other insurance held by third parties with respect to work performed by you under written contractual agreements with such third parties and any other insurance which may be available to such third parties shall be non—contributory. GAC 3649CG (Ed. 11/06) XS Western Rim Constructors Inc Policy GLP1862549 VI11V11 V/1L 1 VL1V1 CG 24 04 (Ed. 05 09) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART Schedule Name of Person or Organization: Any person or organization for whom or on whose behalf "you" are performing operations when "you" and such person or organization have agreed in writing in a contract to waive any right of recovery "we" may have against such person or organization. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to paragraph 8. Transfer of Rights of Recovery Against Others to Us of SECTION IV - CONDITIONS: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products —completed operations hazard" This waiver applies only to the person or organization shown in the Schedule above. Copyright. ISO Properties, Inc., 2008 CG 24 04 (Ed. 05/091 PRO Pace 1 of 11 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 04 10A (Ed 07-07) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA BLANKET BASIS 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 2.00 % of the total policy premium otherwise due on such remuneration. The minimum premium for this endorsement is $ 350110 Schedule Person or Organization ALL ORGANIZATIONS FOR WHOM THE WAIVER OF SUBROGATION IS ISSUED Job Description ALL CALIFORNIA OPERATIONS This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 10/01/2014 Policy No. 3300060030-.141 Insured WESTERN RIM CONSTRUCTORS, INC. Insurance Company Cypress Insurance Company WC 99 04 10A (Ed 07-07) Endorsement No. 1 Premium $ Countersigned by Wesstern Rim Construction Inc GLP2465000 GAC 3734 (Ed. 03 09) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONSOLIDATED INSURANCE PROGRAM (WRAP UP} EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM PRODUCTS/COMPLETED OPERATIONS COVERAGE FORM This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of "your work" at or in connection with, or "your product" that is supplied to or incorporated into, any construction project, work of real property improvement or location where a Consolidated Insurance Program (Wrap Up) is or has at any time been provided by a contractor, project manager or owner of the construction project in which "you" are enrolled. This exclusion applies whether or not the Consolidated Insurance Program (Wrap Up): 1. provides coverage for "bodily injury", "property damage" or "personal and advertising injury"; 2, provides coverage more restrictive than or identical to that provided by this Policy; 3. has limits adequate to cover all claims; 4. remains in effect, is cancelled or expires; or 5. is underwritten by insurance company(ies) that are or become insolvent. This exclusion does not apply to: All other terms and conditions remain unchanged. Includes copyrighted material of ISO Properties, Inc., with its permission. GAC 3734 (Ed. 03/09) PRO (Page 1 of 1 RESOLUTION NO. 2015 — 136 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO WESTERN RIM CONSTRUCTORS, INC., FOR THE KIMBALL PARK, EL TOYON PARK, AND KIMBALL SKATE PARK IMPROVEMENTS PROJECT IN THE NOT -TO -EXCEED AMOUNT OF $3,452,342.98, WHICH INCLUDES A COMBINED BASE BID IN THE AMOUNT OF $2,716,331.98, KIMBALL SKATE PARK ADDITIVE BID IN THE AMOUNT OF $80,061.76, EL TOYON PARK ADDITIVE BID IN THE AMOUNT OF $529,164.36, AND EL TOYON PARK ADDITIVE BID NO. 2 IN THE AMOUNT OF $126,784.88; AUTHORIZING A 15% CONTINGENCY IN THE AMOUNT OF $517,851.45 FOR ANY UNFORESEEN CHANGES; AND AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT WHEREAS, on August 5, 2015, the Engineering Department publicly opened, examined, and declared two (2) sealed bids for the Kimball Park, El Toyon Park, and Kimball Skate Park Improvements Project, which includes implementation of storm water low -impact development measures, lighting, public safety cameras, ADA upgrades, new restrooms, skate park, central plaza, benches, drought tolerant landscaping, walking paths, and trash receptacles; and WHEREAS, Western Rim Constructors, Inc. was the lowest responsive bidder qualified to perform the work as described in the project specifications with a total bid amount of $3,452,342.98, which includes a combined base bid in the amount of $2,716,331.98, Kimball Skate Park Additive Bid in the amount of $80,061.76, El Toyon Park Additive Bid in the amount of $529,164.36, and El Toyon Park Additive Bid No. 2 in the amount of $126,784.88; and WHEREAS, a 15% contingency amount up to $517,851.45 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 Kimball Park, El Toyon Park, and Kimball Skate Park Improvements Project to the lowest responsive, responsible bidder, to wit: WESTERN RIM CONSTRUCTORS, INC. BE IT FURTHER RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute on behalf of the City a contract in the amount of $3,452,342.98 with Western Rim Constructors, Inc., for the Kimball Park, El Toyon Park, and Kimball Skate Park 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 $517,851.45 for unforeseen changes to the Project. [Signature Page to Follow] Resolution No. 2015 — 136 Page Two PASSED and ADOPTED this 1st day of Septe 2015. Ron Morrison, Mayor ATTEST: Mich el R. Dalla, Cit Clerk ROVED O FOR a dia Gacitu= Silva City Attorn-y Passed and adopted by the Council of the City of National City, California, on September 1, 2015 by the following vote, to -wit: Ayes: Councilmembers Cano, Mendivil, Morrison, Rios. Nays: None. Absent: Councilmember Sotelo-Solis. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California iA aCity k of the City of ational City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2015-136 of the City of National City, California, passed and adopted by the Council of said City on September 1, 2015. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT C rd o\5 -� MEETING DATE: September 1, 2015 AGENDA ITEM NO.4 'ITEM TITLE: Resolution of the City Council of the City of National City, 1) awarding a contract to Western Rim Constructors, Inc. in the not -to -exceed amount of $3,452,342.98, which includes a combined base bid in the amount of $2,716,331.98, Kimball Skate Park Additive Bid in the amount of $80,061.76, El Toyon Park Additive Bid in the amount of $529,164.36, and El Toyon Park Additive Bid #2 in the amount of $126,784.88, for the Kimball Park, El Toyon Park, and Kimball Skate Park Improvements Project, CIP No. 15-04; 2) authorizing a 15% contingency in the amount of $517,851.45 for any unforeseen changes; and 3) authorizing the Mayor to execute the contract. PREPARED BY: Cruz Ruelas-Avila, Civil Engineering Tech. PHONE: 336-4387 EXPLANATION: See attached. DEPARTMENT: Engineering/Public Works APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. See attached. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Financial Statement 3. Bid Opening Summary Sheet 4. Two Lowest Bidders Summary Sheet, 5. Resolution EXPLANATION The Kimball Park, El Toyon Park, and Kimball Skate Park Improvements Project, CIP No. 15-04, includes implementation of storm water low -impact development measures, lighting, public safety cameras, ADA upgrades, new restrooms, skate park, central plaza, benches, drought tolerant landscaping, walking paths, and trash receptacles. On June 23, 2015, the bid solicitation was posted on PlanetBids, a free public electronic bidding system for contractors. On June 23, 2015, the bid solicitation was advertised in local newspapers. On August 5, 2015, two (2) bids were received electronically on PlanetBids by the 3:00 p.m. deadline. Bid results were available immediately after the 3:00 p.m. deadline. Western Rim Constructors, Inc. was the apparent lowest bidder with a total base bid amount of $2,716,331.98 as the basis of bid award. Staff is recommending awarding a contract in the not -to -exceed amount of $3,452,342.98, which includes a combined base bid in the amount of $2,716,331.98, Kimball Skate Park Additive Bid in the amount of $80,061.76, El Toyon Park Additive Bid in the amount of $529,164.36, and El Toyon Park Additive Bid #2 in the amount of $126,784.88. The following is a brief description of the base bids and additive bids: 1) Combined Base Bid: The Kimball Skate Park improvements include, a new 10,000 SF concrete skate park within Kimball Park along the northern edge of Paradise Creek east of the existing baseball fields, three public safety cameras, along with a proposed bioretention basin to treat the run-off from the nearby parking lot, landscaping, a new decomposed granite trail, and the installation of ten new light fixtures. Improvements to Kimball Park will also include constructing a new two -unit restroom adjacent to Kimball Park tot -lot, and reconstruction of the central Kimball Park Plaza including a new 6-unit restroom and team room facility, as well as the installation of 20 public safety cameras to provide extensive coverage throughout the park. 2) Kimball Skate Park Additive Bid will install a new 15' tall black vinyl fence along the ball field adjacent to the skate park, a new flag pole, three new ADA accessible picnic tables, and two benches. 3) El Toyon Park Additive Bid will install two, 4-unit restroom buildings, 14 public safety cameras to provide extensive coverage throughout the park, sidewalk improvements, and landscaping. 4) El Toyon Park Additive Bid #2 includes two steel motorized programmable double swing gates including appurtenances, and new striping within east parking lot. Upon review of all documents submitted and reference checks, Western Rim Constructors, Inc.'s bid was found to be responsive, and they are the lowest responsible bidder qualified to perform the work as described in the project specifications. Attached are the bid opening summary sheet and a line item summary of the two lowest bidders for reference. Staff recommends awarding a contract in the not -to -exceed amount of $3,452,342.98 to Western Rim Constructors, Inc. for the Kimball, El Toyon, and Kimball Skate Park Improvements Project, CIP No. 15-04, and authorizing a 15% contingency in the amount of $517,851.45 for unforeseen changes that may arise. Kimball Park, El Tovon Park, Kimball Skate Park Improvements Protect, CIP No. 15-04 Financial Statement Account # 001-409-500-598-1608 001-409-500-598-1611 001-409-500-598-4132 (FY 2016) 001-409-500-598-6190 115-409-500-598-1611 115-409-500-598-4132 325-409-500-598-4131 325-409-500-598-4132 325-409-500-598-4132 (FY 2016) 629-409-500-598-8041 629-409-500-598-8042 Description Park Restrooms Kimball Skate Park Kimball Park Improvements Paradise Creek Storm Water Grant Kimball Skate Park Kimball Park Improvements Park DIF Park DIF Park DIF Public Safety Cameras Public Safety Cameras Amount $ 1,100,000 $ 200,000 $ 700,000 $ 267,455 $ 200,000 $ 200,000 $ 369,888 $ 100,000 $ 115,000 $ 100,000 $ 100,000 $ 3,452,343 -1- CALIFORNIA ATION' G T BID OPENING RESULTS NAME: KIMBALL, EL TOYON, AND KIMBALL SKATE PARK IMPROVEMENTS CIP NO: 15-04 DATE: Wednesday, August 5, 2015 TIME: 3:00 P.M. ESTIMATE: $2,610,000.00 PROJECT ENGINEER: Kenneth Fernandez, P.E. NO. BIDDER'S NAME (PAGE 1-1) BID AMOUNT ADDENDA Add. #1, 2, 3 BID SE -CHECKCURITY -BOND 1. Western Rim Constructors, Inc. 912 S Andreasen Drive, Suite 108 Escondido, CA 92029 $ 2,716,331.98 Yes Bond 2. 3-D Enterprises, Inc, 7964 Arjons Drive, Suite I San Diego, CA 92126 $ 2,821,440.00 Yes Bond -2- Bid Results for Kimball, El Toyon and Kimball Skate Park Improvements Project, CIP No. 15-04 Western Rim Constructors, Inc. 3-D Enterprises, Inc. Item No. Description Unit Qty. Unit Price Extension (Quantity x Unit Price) Unit Price Extension (Quantity x Unit Price) Kimball and El Toyon Park Improvements Base Bid 1 Mobilization / Demobilization LS 1 $82,136.96 $82,136.96 $100,000.00 $100,000.00 2 Surveying and Construction Staking LS 1 $17,393.05 $17,393.05 $20,000.00 $20,000.00 3 Clearing and Grubbing LS 1 $93,147.13 $93,147.13 $90,000.00 $90,000.00 4 Erosion Control per Storm Water Pollutioin Prevention Plan and NPDES General Construction Permit, Including Implementation, Maintenance, Management, and Compliance LS 1 $21,277.50 $21,277.50 $20,000.00 $20,000.00 5 Traffic Control LS 1 $2,898.84 $2,898.84 $10,000.00 $10,000.00 6 Unclassified Excavation LS 1 $29,030.38 $29,030.38 $10,000.00 $10,000.00 7 Structural Excavation LS 1 $19,099.40 $19,099.40 $5,000.00 $5,000.00 8 Unsuitable Material CY 200 $52.18 $10,436.00 $80.00 $16,000.00 9 Construct Deepended Concrete Curb and Thickened Edge per Details on Plans LF 20 $79.90 $1,598.00 $30.00 $600.00 10 Construct Type 2A - 4" Integral Color Concrete Paving With Salt Finish - Pedestrian SF 10,270 $8.11 $83,289.70 $8.00 $82,160.00 11 Construct Type 2B - 6" Integral Color Concrete Paving With Salt Finish - Vehicular SF 6,640 $10.89 $72,309.60 $11.00 $73,040.00 12 Construct Type 3 - 6" Integral Color Concrete Paving With Heavy Acid Etch With Light Broom Banding Finish - Vehicular SF 3,630 $10.61 $38,514.30 $12.00 $43,560.00 13 Construct Type 4 - 6" Integral Color Concrete Paving With Light Acid Etch Finish - Vehicular SF 1,150 $10.74 $12,351.00 $14.00 $16,100.00 14 Construct 6" Concrete Mow Curb LF 110 $23.19 $2,550.90 $20.00 $2,200.00 Page 1 of 17 Bid Results for Kimball, El To on and Ki Western Rim Constructors, Inc. 3-D Enterprises, Inc. Item No. Description Unit Qty. Unit Price Extension (Quantity x Unit Price) Unit Price Extension (Quantity x Unit Price) 15 Construct Concrete ADA Ramp With 6" Curb and Handrail LS 1 $16,194.09 $16,194.09 $10,000.00 $10,000.00 16 Furnish and Install Drinking Fountain (Including Leach Line and Water Connection) EA 1 $6,211.87 $6,211.87 $8,000.00 $8,000.00 17 Furnish and Install 8' Bench EA 1 $2,084.85 $2,084.85 $3,000.00 $3,000.00 18 Furnish and Install Bleacher EA 6 $5,863.43 $35,180.58 $3,000.00 $18,000.00 19 Furnish and Install Removable Bollard EA 3 $1,690.60 $5,071.80 $1,000.00 $3,000.00 20 Permit, Furnish, and Install Kimball Tot -Lot Double Restroom Building LS 1 $77,752.75 $77,752.75 $100,000.00 $100, 000.00 21 Permit, Furnish, and Install Kimball Plaza 6- Pack Restroom Building LS 1 $232,949.81 $232,949.81 $260,000.00 $ 260, 000.00 22 Permit, Furnish, and Install Kimball Plaza Team Room Building LS 1 $93,499.26 $93,499.26 $120,000.00 $120,000.00 23 Construct Freestanding Precision Block Wall With Solid Block Cap LF 62 $362.82 $22,494.84 $200.00 $12,400.00 24 Construct Wire Mesh Security Gate (Double Wide 6' x 7') With Frame Attached to Block Wall EA 2 $4,812.08 $9,624.16 $12,000.00 $24,000.00 25 Construct Concrete Seat Wall With Cobble Veneer and Skate Deterrents LF 40 $449.90 $17,996.00 $300.00 $12,000.00 26 Construct Precision Block Seat Wall With Solid Block Cap and Skate Deterrents LF 80 $172.18 $13,774.40 $200.00 $16,000.00 27 Repair Existing Masonry Block Trash Enclosure and Paint Gates (2) LS 1 $1,159.54 $1,159.54 $4,000.00 $4,000.00 28 Repair Existing Masonry Block Electrical Enclosure LS 1 $1,159.54 $1,159.54 $3,000.00 $3,000.00 29 Apply Anti -Graffiti Coating to All Vertical Concrete and Block Surfaces LS 1 $5,797.68 $5,797.68 $10,000.00 $10,000.00 Pag If 17 Bid Results for Kimball, El Toyon and Kimball Skate Park Improvements Project, CIP No. 15- Western Rim Constructors, Inc. 3-D Enterprises, Inc. Item No. Description Unit Qty. Unit Price Extension (Quantity x Unit Price) Unit Price Extension (Quantity x Unit Price) 30 Furnish and Install 2" PVC Conduit and Pull Rope. LF 7,750 $12.76 $98,890.00 $12.00 $93,000.00 31 Furnish and Install #5 Pullbox with Tamper Resistant Fastener and Tool. EA 46 $881.25 $40,537.50 $300.00 $13,800.00 32 Furnish and Install #6E Pulibox with Tamper Resistant Fastener and Tool. EA 6 $968.21 $5,809.26 $400.00 $2,400.00 33 Furnish and Install 200A 120V/208V Meter Service Cabinet with Foundation Complete, Electrical Panel, and Time Clock. EA 1 $6,957.22 $6,957.22 $10,000.00 $10,000.00 34 Furnish and Install Wiring for Lighting Including Splice Connections. LS 1 $38,844.49 $38,844.49 $10,000.00 $10,000.00 35 Furnish and Install Corning Splice Enclosure SCF-4C18-01-36 or Approved Equal. EA 1 $1,460.91 $1,460.91 $1,500.00 $1,500.00 36 Install City Furnished Avigilon Camera with Appropriate Mounts EA 20 $563.53 $11,270.60 $500.00 $10,000.00 37 Furnish and Install Cat 6 Wiring for Cameras. LF 6,000 $2.16 $12,960.00 $2.00 $12,000.00 38 Furnish and Install Chatsworth Wall Mount Cabinet (or Approved Equal) with 19" Mount Rack and Surge Protector. EA 2 $1,884.11 $3,768.22 $2,000.00 $4,000.00 39 Furnish and Install Corning (or Approved Equal) Rack Mount Fiber Distribution Unit, 6 Port Patch Panel and Jumper Cables. EA 3 $730.46 $2,191.38 $1,000.00 $3,000.00 40 Furnish and Install Cisco IE 3000-8TC Ethernet Switch (or Approved Equal) with Power Supply, Panel Mounting Kit, and one 1000base Single Fiber Port fiber transciever. EA 2 $6,479.49 $12,958.98 $6,000.00 $12,000.00 Page 3 of 17 Bid Results for Kimball, El To on and Kimball Skate Park Improvements Project, CAP No. 15- Western Rim Constructors, Inc. 3-D Enterprises, Inc. Item No. Description Unit Qty. Unit Price Extension (Quantity x Unit Price) Unit Price Extension (Quantity x Unit Price) 41 Furnish and Install 20A Circuit Breakers for Camera and Communciation Equipment. EA 3 $313.07 $939.21 $800.00 $2,400.00 42 Furnish and Install Enable -IT 828WP Ethernet Exteder with PoE+ Powered Kit/4 Yr Next Business Day Adv Replace or Approved Equal. EA 9 $1,021.55 $9,193.95 $1,000.00 $9,000.00 43 Building Access and Conduit/Conductor Routing for Security Cameras LS 1 $10,203.92 $10,203.92 $10,000.00 $10,000.00 44 Furnish and Install Half Rack and Surge Protector. EA 1 $1,884.11 $1,884.11 $2,000.00 $2,000.00 45 Furnish and Install Cisco Catalyst 3850 24- Port Full POE IP Service Switch (or Approved Equal). EA 1 $7,197.25 $7,197.25 $7,000.00 $7,000.00 46 Furnish and Install Cisco Catalyst 3850 Network Module (or Approved Equal) with three 1-Gigabit Ethernet and one 10 Gigabit Ethernet Single Fiber Port interfaces and jumper cables EA 1 $5,431.27 $5,431.27 $5,500.00 $5,500.00 47 Furnish and Install Cisco 1000Base-LX Single Mode Fiber transciever modules (or Approved Equal) EA 3 $1,345.06 $4,035.18 $1,300.00 $3,900.00 48 Furnish and Install Cisco 715W AC Secondary Power Supply (or approved equal). EA 1 $1,265.05 $1,265.05 $1,200.00 $1,200.00 49 Furnish and Install APC Smart -UPS 750VA LCD RM 120V with bundled network(or approved equal). EA 1 $2,235.59 $2,235.59 $2,400.00 $2,400.00 50 Furnish and Install Avigilon Network Video Recorder Workstation 2.0TB-HD-NVRWS (or Approved Equal). EA 1 $5,197.04 $5,197.04 $5,000.00 $5,000.00 Pag f 17 Bid Results for Kimball, El Toyon and Kimball Skate Park Improvements Project, CIP No. 15-04 Western Rim Constructors, Inc. 3-D Enterprises, Inc. Item No. Description Unit Qty. Unit Price Extension (Quantity x Unit Price) Unit Price Extension (Quantity x Unit Price) 51 Furnish and Install 3" PVC Conduit and Pull Rope. LF 500 $10.47 $5,235.00 $15.00 $7,500.00 52 Remove and Salvage existing service cabinet. Furnish and Install new 400A 277V/480V Service Cabinet with Foundation Complete and Electrical Panel. EA 1 $11,015.60 $11,015.60 $18,000.00 $18,000.00 53 Furnish and Install 3/4" Galvanized Pipe. LF 50 $18.55 $927.50 $100.00 $5,000.00 54 Furnish and Install 1-12 Strand SMFOC Cable, Mule Tape, and Tracer Wire. LF 2,600 $4.38 $11,388.00 $5.00 $13,000.00 55 Field Splices for Fiber Optic Cable. LS 1 $637.70 $637.70 $1,000.00 $1,000.00 56 Fiber Splicing, Testing and Documentation. LS 1 $927.56 $927.56 $1,500.00 $1,500.00 57 Furnish and Install 2" Type K Copper Water Service (Including Appurtenances, Fittings, and Connections) LF 240 $47.62 $11,428.80 $70.00 $16,800.00 58 Furnish and Install 1/2" Type K Copper Water Service (Including Appurtenances, Fittings, and Connections) LF 50 $46.38 $2,319.00 $70.00 $3,500.00 59 Furnish and Install 4" SDR-35 PVC Sanitary Sewer Lateral (Including Appurtenances, Fittings, and Connections) LF 170 $83.06 $14,120.20 $90.00 $15,300.00 60 Furnish and Install 4" SDR-35 PVC Type B Sanitary Sewer Cleanout per SDRSD SC-01 EA 10 $878.93 $8,789.30 $400.00 $4,000.00 61 Furnish and Install 12" Inline Drain and Grate EA 3 $1,264.22 $3,792.66 $2,000.00 $6,000.00 62 Furnish and Install 30" Inline Drain and Grate EA 1 $4,911.33 $4,911.33 $4,500.00 $4,500.00 Page 5 of 17 Bid Results for Kimball, El Toyon and Kimball Sk Western Rim Constructors, Inc. 3-D Enterprises, Inc. Item No. Description Unit Qty. Unit Price Extension (Quantity x Unit Price) Unit Price Extension (Quantity x Unit Price) 63 Furnish and Install Connection to Existing Storm Drain EA 4 $1,159.54 $4,638.16 $1,200.00 $4,800.00 64 Furnish and Install 4" SDR-35 PVC Storm Drain Lateral (Including Appurtenances, Fittings,and Couplings) LF 10 $122.67 $1,226.70 $100.00 $1,000.00 65 Furnish and Install 12" Water Tight HDPE Storm Drain Lateral (Including Appurtenances, and Fittings) LF 5 $258.02 $1,290.10 $600.00 $3,000.00 66 Landscape LS 1 $63,326.77 $63,326.77 $50,000.00 $50,000.00 67 Irrigation LS 1 $39,401.06 $39,401.06 $50,000.00 $50,000.00 68 Landscape Maintenance MONTH 4 $1,159.54 $4,638.16 $2,000.00 $8,000.00 Subtotal $1,500,228.66 $1,525,060.00 El Toyon Park Additive Bid 69 Mobilization / Demobilization LS 1 $9,972.02 $9,972.02 $70,000.00 $70,000.00 70 Surveying and Construction Staking LS 1 $1,739.31 $1,739.31 $15,000.00 $15,000.00 71 Clearing and Grubbing LS 1 $23,641.38 $23,641.38 $70,000.00 $70,000.00 72 Erosion Control per Storm Water Pollutioin Prevention Plan and NPDES General Construction Permit, Including Implementation, Maintenance, Management, and Compliance LS 1 $4,354.06 $4,354.06 $10,000.00 $10,000.00 73 Traffic Control LS 1 $5,797.68 $5,797.68 $10,000.00 $10,000.00 74 Unclassified Excavation LS 1 $27,132.01 $27,132.01 $30,000.00 $30,000.00 75 Structural Excavation LS 1 $19,273.18 $19,273.18 $8,000.00 $8,000.00 76 Construct 4" PCC Sidewalk per SDRSD G-7 (Natural Gray with Broom Finish) SF 755 $11.44 $8,637.20 $6.00 $4,530.00 77 Construct 4" PCC Sidewalk per SDRSD G-7 (Color and Finish to Match Existing) SF 4,520 $8.22 $37,154.40 $8.00 $36,160.00 Bid Results for Kimball, El Toyon and Kimball Skate Par Western Rim Constructors, Inc. 3-D Enterprises, Inc. Item No. Description Unit Qty. Unit Price Extension (Quantity x Unit Price) Unit Price Extension (Quantity x Unit Price) 78 Construct Asphalt Concrete Pavement (Including Cold Mill and Pavement Fabric) TONS 40 $202.92 $8,116.80 $260.00 $10,400.00 79 Construct Class II Aggregate Base (Beneath Asphalt Concrete Pavement) TONS 70 $55.45 $3,881.50 $80.00 $5,600.00 80 Construct Chainlink Fence Per SDRSD M-6 (Height to Match Existing) LF 85 $71.08 $6,041.80 $80.00 $6,800.00 81 Construct Chainlink Single Swing Gate Per SDRSD M-5 (L=4', Height to Match Existing) EA 2 $1,304.48 $2,608.96 $2,000.00 $4,000.00 82 Permit, Furnish, and Install El Toyon Quattro Restroom Building EA 2 $122,934.11 $245,868.22 $170,000.00 $340,000.00 83 Furnish and Install Grid Tie Solar System For Restroom and Team Room Facilities EA 2 $3,867.06 $7,734.12 $6,000.00 $12,000.00 84 Furnish and Install 2" PVC Conduit and Pull Rope. LF 2,000 $16.11 $32,220.00 $15.00 $30,000.00 85 Furnish and Install 1-12 Strand SMFOC Cable, Mule Tape, and Tracer Wire. LF 1,500 $4.38 $6,570.00 $5.00 $7,500.00 86 Furnish and Install #5 Pullbox withTamper Resistant Fastener and Tool. EA 12 $881.25 $10,575.00 $300.00 $3,600.00 87 Install City Furnished Avigilon Camera with Appropriate Mounts per Manufacturer's Specs. EA 14 $563.53 $7,889.42 $500.00 $7,000.00 88 Furnish and Install Chatsworth Wall Mount Cabinet (or Approved Equal) with 19" Mount Rack and Surge Protector. EA 1 $1,884.11 $1,884.11 $2,000.00 $2,000.00 89 Furnish and Install Corning (or Approved Equal) Rack Mount Fiber Distribution Unit, 6 Port Patch Panel and Jumper Cables. EA 1 $753.64 $753.64 $1,000.00 $1,000.00 Page 7 of 17 Bid Results for Kimball, El To on an Western Rim Constructors, Inc. 3-D Enterprises, Inc. Item No. Description Unit Qty. Unit Price(Quantity Extension x Unit Price) Unit Price Extension (Quantity x Unit Price) 90 Furnish and Install Cisco IE 3000-8TC Ethernet Switch (or Approved Equal) with Power Supply, Panel Mounting Kit, and one 1000base Single Fiber Port fiber transciever. EA 1 $6,479.49 $6,479.49 $6,000.00 $6,000.00 91 Furnish and Install Enable -IT 828WP Ethernet Exteder with PoE+ Powered Kit/4 Yr Next Business Day Adv Replace or Approved Equal. EA 10 $1,021.55 $10,215.50 $1,000.00 $10,000.00 92 Furnish and Install Cat 6 Wiring for Cameras. LF 8,500 $2.16 $18,360.00 $2.00 $17,000.00 93 Building Access and Conduit/Conductor Routing for Security Cameras LS 1 $2,724.91 $2,724.91 $10,000.00 $10,000.00 94 Furnish and Install 3/4" Galvanized Pipe. LF 50 $18.55 $927.50 $100.00 $5,000.00 95 Field Splices for Fiber Optic Cable. LS 1 $637.70 $637.70 $1,000.00 $1,000.00 96 Fiber Splicing, Testing and Documentation. LS 1 $927.56 $927.56 $1,500.00 $1,500.00 97 Furnish and Install 2" Type K Copper Water Service (Including Appurtenances, Fittings, and Connections) LF 50 $74.72 $3,736.00 $100.00 $5,000.00 98 Furnish and Install 4" SDR-35 PVC Sanitary Sewer Lateral (Including Appurtenances, Fittings, and Connections) LF 20 $207.58 $4,151.60 $300.00 $6,000.00 99 Furnish and Install 4" SDR-35 PVC Type B Sanitary Sewer Cleanout per SDRSD SC-01 EA 4 $878.93 $3,515.72 $500.00 $2,000.00 100 Furnish and Install Stabilized Decomposed Granite Mulch SF 610 $2.64 $1,610.40 $5.00 $3,050.00 101 Furnish and Install Surface Select Baja Cresta 2'-3' Diameter Rock Boulder EA 4 $445.77 $1,783.08 $600.00 $2,400.00 Pag :f 17 Bid Results for Kimball, El To on and Kimball Skate Park Improvements Project CIP No 15- Western Rim Constructors, Inc. 3-D Enterprises, Inc. Item No Description Unit Qty. Unit Price Extension (Quantity x Unit Price) Unit Price Extension (Quantity x Unit Price) 102 Furnish and Install Surface Select Baja Cresta 3'-4' Diameter Rock Boulder EA 1 $579.77 $579.77 $1,500.00 $1,500.00 103 Furnish and Install 1"-1.5" Mexican Sunburst Cobble at 3" Depth TONS 2 $835.16 $1,670.32 $1,000.00 $2,000.00 Subtotal $529,164.36 $756,040.00 Additive Alternates Kimball Park 104 Mobilization / Demobilization LS 1 $1,159.54 $1,159.54 $8,000.00 $8,000.00 105 Surveying and Construction Staking LS 1 $231.91 $231.91 $6,000.00 $6,000.00 106 Clearing and Grubbing LS 1 $231.91 $231.91 $10,000.00 $10,000.00 107 Erosion Control per Storm Water Pollutioin Prevention Plan and NPDES General Construction Permit, Including Implementation, Maintenance, Management, and Compliance LS 1 $115.95 $115.95 $5,000.00 $5,000.00 108 Furnish and Install 8' Picnic Table EA 3 $1,652.13 $4,956.39 $3,000.00 $9,000.00 109 Furnish and Install 8' ADA Picnic Table EA 3 $1,610.78 $4,832.34 $3,000.00 $9,000.00 110 Furnish and Install Trash I Recycling Receptacle EA 14 $4,273.80 $59,833.20 $1,500.00 $21,000.00 111 Furnish and Install Light Pole, Fixture, Foundation (Double and Single) EA 7 $7,304.56 $51,131.92 $10,000.00 $70,000.00 112 Furnish and Install Grid Tie Solar System For Restroom and Team Room Facilities EA 3 $4,060.31 $12,180.93 $6,000.00 $18,000.00 Subtotal $134,674.09 $156,000.00 Kimball Skate Park Base Bid 113 Mobilization/Demobilization LS 1 $81,779.82 $81,779.82 $65,000.00 $65,000.00 114 Surveying and Construction Staking LS 1 $11,595.37 $11,595.37 $15,000.00 $15,000.00 115 Clearing and Grubbing LS 1 $55,861.96 $55,861.96 $40,000.00 $40,000.00 Page 9 of 17 Bid Results for Kimball, El To " Page )f 17 Bid Results for Kimball, El To on and Kimball Skate Park Improvements Project, CIP No. 15- Western Rim Constructors, Inc. 3-D Enterprises, Inc. Item No. Description Unit Qty. Unit Price Extension (Quantity x Unit Price) Unit Price Extension (Quantity x Unit Price) 133 Construct Non -Vegetated Bioretention Basin SF 560 $21.43 $12,000.80 $26.00 $14,560.00 134 Furnish and Install 6" SDR-35 PVC Storm Drain Lateral LF 435 $42.21 $18,361.35 $40.00 $17,400.00 135 Furnish and Install 8" Nyloplast Inline Drain with Atrium Grate or Approved Equal EA 8 $488.30 $3,906.40 $1,000.00 $8,000.00 136 Furnish and Install Type I Catch Basin per SDRSD D-29 EA 1 $3,478.61 $3,478.61 $12,000.00 $12,000.00 137 Furnish and Install Connection to Existing RCP Storm Drain, per drainage note 8, sheet 11 EA 5 $878.93 $4,394.65 $3,200.00 $16,000.00 138 Furnish and Install 6" SDR-35 PVC Type B Cleanout per SDRSD SC-01 EA 1 $579.77 $579.77 $500.00 $500.00 139 Construct 3' Concrete Channel per Detail B- 04 LS 1 $1,249.42 $1,249.42 $2,000.00 $2,000.00 140 Furnish and Install Park Light Fixture and Foundation EA 6 $6,261.05 $37,566.30 $8,000.00 $48,000.00 141 Furnish and Install Skate Park Light Fixture and Foundation EA 10 $7,536.45 $75,364.50 $3,200.00 $32,000.00 142 Furnish and Install Electrical Pull Box EA 16 $898.64 $14,378.24 $300.00 $4,800.00 143 Perform Modifications to Existing Panelboard LS 1 $985.61 $985.61 $5,000.00 $5,000.00 144 Furnish and Install Conduit and Conductors LF 1,050 $59.14 $62,097.00 $12.00 $12,600.00 145 Install City Furnished Avigilon Camera with Appropriate Mounts per Manufacturer's Specs EA 3 $563.53 $1,690.59 $500.00 $1,500.00 Page 11 of 17 Bid Results for Kimball, El To on __ __.__ _._�__ —.. .. ....�. ve......,.. •�.a . .via. �. L, Western Rim Constructors, Inc. �rIC IRV. iJ—V'# 3-D Enterprises, Inc. Item No. Description Unit Qty. Unit Price Extension (Quantity x Unit Price) Unit Price Extension (Quantity x Unit Price) 146 Furnish and Install Enable -IT 828WP Ethernet Extender with PoE+ Injector and 4 Yr Next Business Day Adv Replace or Approved Equal EA 3 $1,021.55 $3,064.65 $1,000.00 $3,000.00 147 Furnish and Install Cat 6 Wiring for Cameras LF 2,100 $2.16 $4,536.00 $2.00 $4,200.00 148 Perform Testing and Verification of Security Camera System LS 1 $4,007.36 $4,007.36 $4,000.00 $4,000.00 Subtotal $1,216,103.32 $1,296,380.00 A Avenue Extension Additive Bid 149 Mobilization/Demobilization LS 1 $5,797.69 $5,797.69 $8,000.00 $8,000.00 150 Surveying and Construction Staking LS 1 $2,898.84 $2,898.84 $6,000.00 $6,000.00 151 Clearing and Grubbing LS 1 $16,283.46 $16,283.46 $12,000.00 $12,000.00 152 Erosion Control per Storm Water Polution Prevention Plan and NPDES General Constuction Permit Including Implementation, Maintenance, Management, and Compliance LS 1 $5,565.78 $5,565.78 $6,000.00 $6,000.00 153 Unclassified Excavation LS 1 $15,901.63 $15,901.63 $6,000.00 $6,000.00 154 Construct 6" PCC Sidewalk per SDRSD G-7 SF 2,600 $7.93 $20,618.00 $7.00 $18,200.00 155 Construct 6"x9" Concrete Header Curb LF 250 $22.26 $5,565.00 $10.00 $2,500.00 156 Furnish and Install 6" SDR-35 PVC Storm Drain Lateral LF 30 $108.32 $3,249.60 $80.00 $2,400.00 157 Furnish and Install 8" Nyloplast Inline Drain with Atrium Grate or Approved Equal EA 1 $771.23 $771.23 $2,000.00 $2,000.00 158 Landscape and Irrigation 120 Day Maintenance Period LS 1 $73,085.78 $73,085.78 $6,000.00 $6,000.00 159 Permit, Furnish, and Install 16' Wide Trellis per Plans EA 1 $82,567.15 $82,567.15 $90,000.00 $90,000.00 age Bid Results for Kimball, El To on and Kimball Skate Park Improvements Project CIP No 15- Western Rim Constructors, Inc. 3-D Enterprises, Inc. Item No. Description Unit Qty. Unit Price Extension (Quantity x Unit Price) Unit Price Extension (Quantity x Unit Price) 160 Furnish and Install Metal Edging LF 460 $9.86 $4,535.60 $20.00 $9,200.00 Subtotal $236,839.76 $168,300.00 Kimball Skate Park Additive Bid 161 Mobilization/Demobilization LS 1 $5,797.68 $5,797.68 $8,000.00 $8,000.00 162 Surveying and Construction Staking LS 1 $1,739.31 $1,739.31 $5,000.00 $5,000.00 163 Clearing and Grubbing LS 1 $1,739.31 $1,739.31 $6,000.00 $6,000.00 164 Erosion Control per Storm Water Polution Prevention Plan and NPDES General Constuction Permit Including Implementation, Maintenance, Management, and Compliance LS 1 $231.91 $231.91 $4,000.00 $4,000.00 165 Unclassified Excavation LS 1 $1,159.54 $1,159.54 $6,000.00 $6,000.00 166 Construct 2 - 6"x6" Concrete Header Curbs Beneath Fence (All Types) per Plans LF 330 $28.99 $9,566.70 $15.00 $4,950.00 167 Furnish and Install 15' Black Vinyl Clad Chain Link Fence per Plans LF 330 $97.29 $32,105.70 $120.00 $39,600.00 168 Furnish and Install 20' Flagpole by Concord Industries, Item #I20060156 or Approved Equal LS 1 $8,696.53 $8,696.53 $8,000.00 $8,000.00 169 Furnish and Install 8' ADA Accessible Picnic Table - XXCENT Model ADA-Accesible #5000- 08 or Approved Equal EA 3 $1,610.78 $4,832.34 $4,000.00 $12,000.00 170 Furnish and Install 8' Bench with Center Arm Rest - Dumor Model # Bench 160 or Approved Equal EA 2 $2,374.73 $4,749.46 $4,000.00 $8,000.00 171 Furnish and Install Recycling Receptacle - Anova Model # L2040 or Approved Equal EA 2 $2,360.82 $4,721.64 $3,000.00 $6,000.00 172 Furnish and Install Trash Receptacle - Anova Model # L2040 or Approved Equal EA 2 $2,360.82 $4,721.64 $3,000.00 $6,000.00 Page 13 of 17 Bid Results for Kimball, El To on and Kimball Skate Park Improvements Pro' Western Rim Constructors, Inc. 3-D Enterprises, Inc. Item No Description Unit Qty. Unit Price Extension (Quantity x Unit Price) Unit Price Extension (Quantity x Unit Price) Subtotal $80,061.76 $113,550.00 Plaza Extension Additive Bid Option 1 173 Mobilization/Demobilization LS 1 $5,797.68 $5,797.68 $12,000.00 $12,000.00 174 Surveying and Construction Staking LS 1 $2,898.84 $2,898.84 $6,000.00 $6,000.00 175 Clearing and Grubbing LS 1 $25,290.91 $25,290.91 $8,000.00 $8,000.00 176 Erosion Control per Storm Water Polution Prevention Plan and NPDES General Constuction Permit Including Implementation, Maintenance, Management, and Compliance LS 1 $4,812.08 $4,812.08 $5,000.00 $5,000.00 177 Unclassified Excavation LS 1 $2,898.84 $2,898.84 $6,000.00 $6,000.00 178 Construct Non -Vegetated Bioretention Basin SF 205 $51.96 $10,651.80 $40.00 $8,200.00 179 Furnish and Install 8" Nyloplast Inline Drain with Atrium Grate or Approved Equal EA 1 $771.23 $771.23 $2,000.00 $2,000.00 180 Landscape LS 1 $109,319.60 $109,319.60 $20,000.00 $20,000.00 181 Irrigation LS 1 $22,031.20 $22,031.20 $28,000.00 $28,000.00 182 Landscape and Irrigation Maintenance MO 4 $1,159.54 $4,638.16 $3,000.00 $12,000.00 183 Construct 4" Type A - Colored Concrete Paving (Heavy Acid Etch Finish) SF 4,200 $8.47 $35,574.00 $15.00 $63,000.00 184 Construct 4" Type B - Colored Concrete Paving (Sand Blast Finish) SF 400 $9.28 $3,712.00 $15.00 $6,000.00 185 Construct 6" Type C - Colored Concrete Band (Light Broom Finish) SF 270 $46.38 $12,522.60 $20.00 $5,400.00 186 Furnish and Install Metal Edging LF 270 $9.86 $2,662.20 $20.00 $5,400.00 Subtotal $243,581.14 $187,000.00 Plaza Extension Additive Bid Option 2 187 Mobilization/Demobilization LS 1 $5,797.68 $5,797.68 $8,000.00 $8,000.00 188 Surveying and Construction Staking LS 1 $2,898.84 $2,898.84 $5,000.00 $5,000.00 Page;, if 17 F/, Bid Results for Kimball, El Toyon and Kimball Skate Park Improvements Project CIP No 15- Western Rim Constructors, Inc. 3-D Enterprises, Inc. Item No. Description Unit Qty. Unit Price Extension (Quantity x Unit Price) Unit Price Extension (Quantity x Unit Price) 189 Clearing and Grubbing LS 1 $25,290.91 $25,290.91 $10,000.00 $10,000.00 190 Erosion Control per Storm Water Polution Prevention Plan and NPDES General Constuction Permit Including Implementation, Maintenance, Management, and Compliance LS 1 $4,812.08 $4,812.08 $4,000.00 $4,000.00 191 Unclassified Excavation LS 1 $2,898.84 $2,898.84 $10,000.00 $10,000.00 192 Furnish and Install Stabilized Decomposed Granite Trail at 4" Depth TON 74 $231.40 $17,123.60 $400.00 $29,600.00 193 Construct Non -Vegetated Bioretention Basin per Plans (Complete in Place) SF 205 $51.96 $10,651.80 $40.00 $8,200.00 194 Furnish and Install 8" Nyloplast Inline Drain with Atrium Grate or Approved Equal EA 1 $771.23 $771.23 $2,000.00 $2,000.00 195 Landscape LS 1 $109,319.60 $109,319.60 $10,000.00 $10,000.00 196 Irrigation LS 1 $22,031.20 $22,031.20 $10,000.00 $10,000.00 197 Landscape and Irrigation Maintenance MO 4 $1,159.54 $4,638.16 $1,000.00 $4,000.00 198 Construct 6" Type C - Colored Concrete Band (Light Broom Finish) SF 255 $46.38 $11,826.90 $20.00 $5,100.00 199 Furnish and Install Metal Edging LF 270 $9.86 $2,662.20 $20.00 $5,400.00 Subtotal $220,723.04 $111,300.00 El Toyon Park Additive Bid #2 200 Mobilization/Demobilization LS 1 $5,797.68 $5,797.68 $12,000.00 $12,000.00 201 Clearing and Grubbing LS 1 $579.77 $579.77 $10,000.00 $10,000.00 202 Erosion Control per Storm Water Polution Prevention Plan and NPDES General Construction Permit Including Implementaion, Maintenance, Management, and Compliance LS 1 $231.91 $231.91 $5,000.00 $5,000.00 203 Traffic Control LS 1 $2,898.84 $2,898.84 $4,000.00 $4,000.00 Page 15 of 17 Bid Results for Kimball, El Toyon and Kimball Skate Park Improvements Project, CIP No. 15- Western Rim Constructors, Inc. 3-D Enterprises, Inc. Item No. Description Unit Qty. Unit Price Extension (Quantity x Unit Price) Unit Price Extension (Quantity x Unit Price) 204 Furnish and Install Signing and Striping LS 1 $5,797.68 $5,797.68 $15,000.00 $15,000.00 205 Furnish and Install Conduit LF 1,000 $32.47 $32,470.00 $15.00 $15,000.00 206 Furnish and Install Conductors LF 3,000 $2.32 $6,960.00 $4.00 $12,000.00 207 Furnish and Install #5 Pullbox with Tamper Resistant Fastener and Tool EA 8 $898.64 $7,189.12 $500.00 $4,000.00 208 Furnish and Install 4' High Ornamental Steel Fence Per Plans, Complete -In -Place LF 12 $229.59 $2,755.08 $260.00 $3,120.00 209 Furnish and Install 4' High Ornamental Steel Motorized Double Swing Gates (including gate operators, key pads, and all other appurtenances) Per Plans, Complete -In -Place (L=28') (Motorized) EA 2 $31,052.40 $62,104.80 $38,000.00 $76,000.00 Subtotal $126,784.88 $156,120.00 Summary Base Bid Kimball and El Toyon Park Improvements Base Bid (AWARDING) $1,500,228.66 $1,525,060.00 Kimball Skate Park Base Bid (AWARDING) $1,216,103.32 $1,296,380.00 Base Bid Total (Basis of Bid Award) $2,716,331.98 $2,821,440.00 Additive Bids El Toyon Park Additive Bid (AWARDING) $529,164.36 $756,040.00 Additive Alternates Kimball Park (NOT INCLUDED) $134,674.09 $156,000.00 A Avenue Extension Additive Bid (NOT INCLUDED) $236,839.76 $168,300.00 Kimball Skate Park Additive Bid (AWARDING) $80,061.76 $113,550.00 Plaza Extension Additive Bid Option 1 (NOT INCLUDED) $243,581.14 $187,000.00 Plaza Extension Additive Bid Option 2 (NOT INCLUDED) $220,723.04 $111,300.00 El Toyon Park Additive Bid #2 (AWARDING) $126,784.88 $156,120.00 Additive Bids Total (If all additive bids were selected) $1,571,829.03 $1,648,310.00 Additive Bids Awarded $736,011.00 $1,025,710.00 Page ')f 17 Bid Results for Kimball, El To on and Kimball Skate Park Improvements Project CIP No. 15- Western Rim Constructors, Inc. 3-D Enterprises, Inc. Item No. Description Unit Qty. Unit Price Extension (Quantity x Unit Price) Unit Price Extension (Quantity x Unit Price) Grand Total (If both base bids and additive bids were selected) $4,288,161.01 $4,469,750.00 Awarded Grand Total (Combined base bids and three awarded additive bids) $3,452,342.98 $3,847,150.00 Page 17 of 17 RESOLUTION NO. 2015 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO WESTERN RIM CONSTRUCTORS, INC., FOR THE KIMBALL PARK, EL TOYON PARK, AND KIMBALL SKATE PARK IMPROVEMENTS PROJECT IN THE NOT -TO -EXCEED AMOUNT OF $3,452,342.98, WHICH INCLUDES A COMBINED BASE BID IN THE AMOUNT OF $2,716,331.98, KIMBALL SKATE PARK ADDITIVE BID IN THE AMOUNT OF $80,061.76, EL TOYON PARK ADDITIVE BID IN THE AMOUNT OF $529,164.36, AND EL TOYON PARK ADDITIVE BID NO. 2 IN THE AMOUNT OF $126,784.88; AUTHORIZING A 15% CONTINGENCY IN THE AMOUNT OF $517,851.45 FOR ANY UNFORESEEN CHANGES; AND AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT WHEREAS, on August 5, 2015, the Engineering Department publicly opened, examined, and declared two (2) sealed bids for the Kimball Park, El Toyon Park, and Kimball Skate Park Improvements Project, which includes implementation of storm water low -impact development measures, lighting, public safety cameras, ADA upgrades, new restrooms, skate park, central plaza, benches, drought tolerant landscaping, walking paths, and trash receptacles; and WHEREAS, Western Rim Constructors, Inc. was the lowest responsive bidder qualified to perform the work as described in the project specifications with a total bid amount of $3,452,342.98, which includes a combined base bid in the amount of $2,716,331.98, Kimball Skate Park Additive Bid in the amount of $80,061.76, El Toyon Park Additive Bid in the amount of $529,164.36, and El Toyon Park Additive Bid No. 2 in the amount of $126,784.88; and WHEREAS, a 15% contingency amount up to $517,851.45 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 Kimball Park, El Toyon Park, and Kimball Skate Park Improvements Project to the lowest responsive, responsible bidder, to wit: WESTERN RIM CONSTRUCTORS, INC. BE IT FURTHER RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute on behalf of the City a contract in the amount of $3,452,342.98 with Western Rim Constructors, Inc., for the Kimball Park, El Toyon Park, and Kimball Skate Park 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 $517,851.45 for unforeseen changes to the Project. [Signature Page to Follow] Resolution No. 2015 — Page Two PASSED and ADOPTED this 1st day of September, 2015. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950 619-336-4228 phone / 619-336-4229 fax Michael R. Dalla, CMC - City Clerk September 30, 2015 Mr. Ray Samuelson Western Rim Constructors, Inc. 912 S. Andreasen Drive, Suite 108 Escondido, CA 92029 Dear Mr. Samuelson, On September 1st, 2015, Resolution No. 2015-136 was passed and adopted by the City Council of the City of National City, authorizing execution of a Contract with Western Rim Constructors, Inc. We are enclosing for your records a certified copy of the above Resolution and a fully executed original Contract. Michael R. Dalla, CMC City Clerk Enclosures cc: Engineering Dept.