Loading...
HomeMy WebLinkAbout2015 CON West Tech Contracting - Paradise Creek Restoration ProjectOWNER - CONTRACTOR AGREEMENT PARADISE CREEK RESTORATION PROJECT, CIP NO. 15-05 This Owner -Contractor Agreement ("Agreement") is made by and between the City of National City, 1243 National City Boulevard National City, California 91950 and West -Tech Contracting, Inc., 568 North Tulip Street, Escondido, CA 92078 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 ) years. I have read and understood all of the provisions of this Se ion 15, above: (Initial) nitial) 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. ayor, City of National City Attest: /! A Na Tonal City City Clerk, City of Cont (Owner/Officer signat Rick Engeb Print n resident (Second officer signat corporation) Rick Engebretsen, Secretary Print name and title 90776 Contractor's City Business License No. 639761 State Contractor's License No. and Class 568 North Tulip St. Business street address Escondido, Ca 92025 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 Paradise Creek Restoration (C1P No. 15-05) Issued on 07/14/2015 Bid Due on August 6, 2015 3:00 PM (Pacific) Exported on 08/10/2015 VendorlD Company !Address Address 2 City State 350758 West -Tech 568 North Tulip St. Escondido RespondeE RespondeE RespondeE Respondee Email Tom Hanle Estimator 760-233-2 tom@wtcinc.biz ZipCode Country Bid Forma.Submitted Delivery IV Responsiv(Status Confirmati Ranking Electronic August 6, 2015 2:57:32 PM (PacSubmitted 61581 RespondeE Buyer Comment Attachments File Title File Name Cert Regar 1.pdf Bidders Big 2.pdf Non-Collw 3.pdf Info Req fc4.pdf Complete 5.pdf WIP 6.pdf Experience 7.pdf Verificatio 8.pdf subs 5000.pdf Work Com 10.pdf Iran Contr;11.pdf File Type General Attachments General Attachments General Attachments General Attachments General Attachments General Attachments General Attachments General Attachments General Attachments General Attachments General Attachments Contact Phone Fax Email 92078 United States Thomas H; 760-233-2 760-233-2 tom@wtci 0 DIR 12.pdf General Attachments Line Items Item Num Section Item Code Descriptio; Unit of Me Quantity Unit Price Line Total 1 Base Bid Mobilizatic LS 1 $109,974.15 $109,974.15 2 Base Bid Surveying , LS 1 $16,956.00 $16,956.00 3 Base Bid Signing any LS 1 $19,950.00 $19,950.00 4 Base Bid Traffic Cori LS 1 $23,059.39 $23,059.39 5 Base Bid Clearing ar LS 1 $76,314.87 $76,314.87 6 Base Bid Water Poll LS 1 $123,724.34 $123,724.34 7 Base Bid Water Div( LS 1 $38,025.33 $38,025.33 8 Base Bid Storm Eve' DAYS 10 $380.25 $3,802.50 9 Base Bid Construct SF 2780 $5.25 $14,595.00 10 Base Bid Construct' EA 11 $750.00 $8,250.00 11 Base Bid Construct'SF 340 $5.25 $1,785.00 12 Base Bid Construct . LE 200 $35.75 $7,150.00 13 Base Bid Construct LE 30 $45.00 $1,350.00 14 Base Bid Construct ,SF 1650 $39.00 $64,350.00 15 Base Bid Furnish an TON 25 $190.80 $4,770.00 16 Base Bid Construct' LF 440 $39.00 $17,160.00 17 Base Bid Construct .TON 640 $95.98 $61,427.20 18 Base Bid Construct 'TON 1320 $22.53 $29,739.60 19 Base Bid Furnish an SF 24280 $0.82 $19,909.60 20 Base Bid Stress-Reli SF 885 $4.54 $4,017.90 21 Base Bid Type 11 RE/ GAL 800 $12.40 $9,920.00 22 Base Bid Clean, Pair LS 1 $26,426.17 $26,426.17 23 Base Bid Landscape LS 1 $90,000.00 $90,000.00 24 Base Bid Coir Contn SF 29000 $0.64 $18,560.00 25 Base Bid Landscape MON 6 $4,500.00 $27,000.00 26 Base Bid Irrigation LS 1 $41,000.00 $41,000.00 27 Base Bid Construct'SF 11660 $29.79 $347,351.40 28 Base Bid Construct'SF 2350 $46.46 $109,181.00 29 Base Bid Construct SF 850 $42.59 $36,201.50 Comment 30 Base Bid Construct SF 890 $19.96 $17,764.40 31 Base Bid Furnish an EA 1 $7,449.15 $7,449.15 32 Base Bid Construct CY 12 $947.43 $11,369.16 33 Base Bid Furnish an LF 120 $17.13 $2,055.60 34 Base Bid Furnish an EA 2 $500.00 $1,000.00 35 Base Bid Furnisn an LF 10 $404.49 $4,044.90 36 Base Bid Furnisn an LF 160 $116.19 $18,590.40 37 Base Bid Furnish an EA 2 $1,508.00 $3,016.00 38 Base Bid Construct CY 30 $98.71 $2,961.30 39 Base Bid Construct .CY 26 $59.16 $1,538.16 40 Base Bid Constuct N CY 35 $130.36 $4,562.60 41 Base Bid Constuct [ CY 35 $130.36 $4,562.60 42 Base Bid Furnish an EA 2 $5,000.00 $10,000.00 43 Base Bid Furnish an EA 1 $500.00 $500.00 44 Base Bid Furnish an EA 1 $1,260.00 $1,260.00 45 Base Bid Furnish an EA 1 $2,222.17 $2,222.17 46 Base Bid Concrete E LF 22 $137.09 $3,015.98 47 Base Bid Temporar' LS 1 $15.,000.00 $15,000.00 48 Base Bid Unclassifie LS 1 $99,682.96 $99,682.96 49 Base Bid Unsuitable CY 500 $86.30 $43,150.00 Subtotal $1,605,696.33 50 Additive Bid Furnish an EA 2 $27,613.00 $55,226.00 Subtotal $55,226.00 Total $1,660,922.33 CORPORATE CERTIFICATE I, Rick Engebretsen certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that Rick Engebretsen , who signed said contract on behalf of the Contractor, was then President of said Corporation; that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers. I, Rick Engebretsen certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that Rick Engebresen Contractor, was then Secretary , who signed said contract on behalf of the 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: PARTNERSHIP CERTIFICATE 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: (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: Bond: 7646377 Premium $16,924.00 is for the contract term and is subject to adjustment based on final contract price PERFORMANCE BOND Executed in triplicate WHEREAS, the City Council of the City of National City, by Resolution No. 2015-137, passed the lst day of September, 2015 has awarded to West -Tech Contracting, Inc., hereinafter designated as the "Principal", the PARADISE CREEK RESTORATION PROJECT, CIP No. 15-05. WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract. NOW, THEREFORE, we, the Principal and Fidelity and Deposit Company of Maryland as surety, are held and firmly bound unto the City Council of the City of National City, hereinafter called the "Council", in the penal sum of One Million Six Hundred Sixty Thousand, Nine Hundred Twenty Two Dollars and 33 Cents ($1,660,922.33) 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 10 day of September 2015. Fidelity and Deposit Company of Maryland(SEAL) West-T L) (SEAL) EAL) Aidan Smock, Attorney -in -Fact " AL) Rick Engebretsen, President (SEAL) Surety Principal see attached PERFORMANCE BOND ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF ) ) ss COUNTY OF ) On this day of , 2015, before me, the undersigned, a Notary Public in and for said County and State, personally appeared known to me to be the person whose name is subscribed to the within instrument as the attorney -in -fact of the , the corporation named as Surety in said instrument, and acknowledged to me that he subscribed the name of said corporation thereto as Surety, and his own name as attorney -in -fact. NOTE: Signature of those executing for Surety must be properly acknowledged, NOTE: The Attorney -in -fact must attach a certified copy of the Power of Attorney. Signature: Name (Type or Print): Notary Public in and for said County and State My Commission expires: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by THOMAS O. MCCLELLAN, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Richard HALLETT, Aidan SMOCK, Tim MCCLELLAN and Marta COLLETT, all of San Diego, California, EACH its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 19th day of August, A.D. 2015. Secretary Eric D. Barnes ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND Vice President Thomas O. McClellan State of Maryland County of Baltimore On this 19th day of August, A.D. 2015, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, THOMAS O. MCCLELLAN, Vice President, and ERIC D. BARNES, Secretary, of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly swom, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. a 49 Constance A. Dunn, Notary Public My Commission Expires: July 9, 2019 POA-F 012-9219C EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attorneys -in -Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney -in -fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attomey...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the loth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this day of SEP 1 Q 2015 Michael Bond, Vice President CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County of s xi�co 2015 On before me, Marta Collett Date } personally appeared Aidan Smock Insert Name of Notary exactly as it appears on the official seal Name(s) of Signer(s) , Notary Public, MARTA COLLETT Commission No. 1974497 n NOTARY PUBLIC - CALIFORNIA m SAN DIEGO COUNTY _ Commission Expires May 5, 2016 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(sy whose name($ is/are subscribed to the within instrument and acknowledged to me that lueshettinty executed the same in leis/her/tb ei cauthorized capacity(ies and that by kis/her/tl x signature(s) on the instrument the person(s), or the entity upon behalf of which the person(%) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. Signature " O L t OPTIONAL Signature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual 111 Corporate Officer —Title(s): ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Bond: 7646377 Premium included in performance bond Executed in triplicate PAYMENT BOND WHEREAS, the City Council of the City of National City, by Resolution No. 2015-137, passed the 1st day of September, 2015 has awarded West -Tech Contracting, Inc., hereinafter designated as the "Principal", the PARADISE CREEK RESTORATION PROJECT, CIP No. 15-05. WHEREAS, said Principal is required by Chapter 5 (commencing at Section 3225) and Chapter 7 (commencing at Section 3247), Title 15, Part 4, Division 3 of the California Civil Code to furnish a bond in connection with said contract; NOW, THEREFORE, we, the Principal and Fidelity and Deposit Company of Maryland as surety, are held and firmly bound unto the City Council of the City of National City, hereinafter called the "Council", in the penal sum of One Million Six Hundred Sixty Thousand, Nine Hundred Twenty Two Dollars and 33 Cents ($1,560,922.33, 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 to day of September , 2015. Fidelity and Deposit Company of Maryland(SEAL) West-T-- ractinq, Inc. (SEAL) C-C: OCC(SEAL) / (SE L) Aidan Smock, Attorney -in -Fact (SEAL) Rick Engebretsen, President (SEAL) Surety Principal see attached 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 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by THOMAS O. MCCLELLAN, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Richard HALLETT, Aidan SMOCK, Tim MCCLELLAN and Marta COLLETT, all of San Diego, California, EACH its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 19th day of August, A.D. 2015. Secretary Eric D. Barnes ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND 0?o^°°wrn'. it/ VA1 ;0= u i998 ffi Vice President Thomas O. McClellan State of Maryland County of Baltimore On this 19th day of August, A.D. 2015, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, THOMAS O. MCCLELLAN, Vice President, and ERIC D. BARNES, Secretary, of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly swom, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Constance A. Dunn, Notary Public My Commission Expires: July 9, 2019 POA-F 012-9219C EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attorneys -in -Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney -in -fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the loth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONYWHEREOF, havehereuntosubscribed my name and affixed the corporate seals of the said Companies, this day of 0 2015 2 Michael Bond, Vice President CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County of San Diego On r.-_) G <ui5 Date personalty appeared before me, Marta Collett Insert Name of Notary exactly as it appears on the official seal Aidan Smock , Notary Public, Name(s) of Signer(s) m z MARTA COLLETT Commission No. 1974497 n NOTARY PUBLIC - CALIFORNIA co SAN DIEGO COUNTY Commission Expires May 5, 2016 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(4 whose name( is/are subscribed to the within instrument and acknowledged to me that ixeshetthey executed the same in Ixis/her/tl a authorized capacity(*, and that by hrs/her/tax signature(%) on the instrument the person(s), or the entity upon behalf of which the person(%) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my handnand official seal. Signature "}'/ \,ai OPTIONAL Signature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Number of Pages: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s): E Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here AcoRE) CERTIFICATE OF LIABILITY INSURANCE L_..-- DATE(MWDD/YYYY) 09/10/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Bouchard Insurance for WBS P.O.Box 6090 Clearwater, FL 33758-6090 CONTACT NAME: PHONE FAX INC No Est): (866) 293-3600 ext. 623 (A/C, No): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: American Zurich Insurance Company 40142 INSURED Workforce Business Services CA, LLC Labor Contractor, for co -employees of: West Tech Contracting Inc 1401 Manatee Ave. West Ste 600 Bradenton, FL 34205-6708 INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 14FL079835288 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS -MADE OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE POLICY OTHER: LIMIT APPLIES PRO JECT PER: LOC GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $ AUTOMOBILE _ LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS SCHEDULED COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY Per accident ( ) $ PROPERTY DAMAGE (Per accident) $ $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEM ER EXCLUDED? ECUTIVE (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N / A X WC 47-58-334-03 12/31/2014 12/31/2015 X PER STATUTE OTH- ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 Location Coverage Period: 12/31/2014 12/31/2015 Client# 053907 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Coverage is provided for West Tech Contracting Inc Waiver of Subrogation in Favor of C ty of National City and its elected officials, officers, only those co -employees 568 N Tulip Street employees, agents, epresentatives, consultants, contract employees and volunteers. of, but not subcontractors Escondido, CA 92025 Paradise Creek Restoration CIP 15 05 to: Endorsements: Waiver of Subrogation, 30 days written cancel notice (10 days for non payment of premium) CERTIFICATE HOLDER CANCELLATION City of National City 1243 National City Blvd 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 n 1988-2014 ACORD CORPORATION. All rights reserved. WORKERS' COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT — CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the schedule (This agreement applies only to the extent that you per- form work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be So of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE Person or Organization Job Description IN FAVOR OF: City of National City 1243 National City Blvd National City, CA 91950 Waiver of Subrogation in Favor of City of National City and its elected officials, officers, employees, agents, representatives, consultants, contract employees and volunteers. Paradise Creek Restoration CIP 15-05 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: 12/31/2014 Policy No: WC 47-58-334-03 Endorsement No: Insured: workforce Business Services CA, LLC Labor Contractor, for co -employees of: West Tech Contracting Inc Insurance Company: American Zurich Insurance Company Countersigned by WC 04 03 06 Copyright 1983 National Council on Compensation Insurance WESTCON-04 GOMEZB ACIJRD CERTIFICATE OF LIABILITY INSURANCE �� DATE LYYYYY) 9/9/2/912015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the pollcy, 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 License # 0E67768 IOA Insurance Services 4350 La Jolla Village Drive Suite 900 San Diego, CA 92122 NAME Sonia Gonzales PHONE 619 574-6220 FAX 619 574-6288 A/C No, Ext): ( ) (A/C, No): ) ADDRL ADDRESS: Sonia.Gonzales ioausa.com INSURER(S) AFFORDING COVERAGE NAIC f INSURERA :Crum & Forster Speclalty Insurance Company 44520 INSURED West -Tech Contracting, Inc. 568 N. Tulip St. Escondido, CA 92025 INSURER 2 : West American Insurance Com pany 44393 INSURER : INSURER D : INSURERS : INSURERF : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELdtN HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE INSD UBR GWVD POLICY NUMBER POLICY EFF (MMIDDfYYYY) POLICY EXP (MMIDDflYW) LIMITS A X COMMERCIAL GENERAL LIABILITY X X EPK107870 04/01/2015 04/01/2016 EACH OCCURRENCE $ 1,000,000 DAMAGE I OEa REN I EDoccurrence) PREMISES ( $ 50,000 CLAIMS -MADE X OCCUR X Contractors Poll MED EXP (Any one person) $ 5,000 PERSONAL &ADV INJURY $ 1,000,000 X Ded.: $5,000 AGGREGATE $ 2,000,000 GEN'L AGGREGATE POLICY OTHER X LIMIT APPLIES PCT PER'GENERAL LOC PRODUCTS - COMP/OPAGG $ 2,000,000 CONTRACTORS POL $ 1,000,000 B AUTOMOBILE X _ X LIABILITY X SCHEDULED X X BAW56452336 04/01/2015 04/01/2016 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILYINJJRY(Perperson) $ BODILY INJURY (Per accident) $ (Pe�acadent)� GE $ $ A X UMBRELLA LIAB EXCESS LIAB X O OCCUR CLAIMS -MADE EFX103112 04/01/2015 04/01/2016 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 $ DED RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y ANY PROPRIETOR/PARTNER/EXECUTIVE D OFFICER/MEMBER EXCLUDE (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below / N N /A PER STATUTE ERH E L EACH ACCIDENT $ E L DISEASE- EA EMPLOYEE $ E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Addltional Remarks Schedule, may be attached if more space Is required) Re: Paradise Creek Restoration, CIP 15-05 City of National City and its elected officials, officers, employees, agents, representatives, consultants, contract employees and volunteers are Additional Insured with respects to General Liability/Contractors Pollution Liability and Auto Liability per the attached endorsements as required by written contract. Waiver of Subrogation applies to General/Auto Liability in favor of Additonal Insureds. Insurance is Primary and Non -Contributory. 30 Days Notice of Cancellation with 10 Days Notice for Non -Payment of Premium in accordance with the policy provisions. CERTIFICATE HOLDER CANCELLATION 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 City of National City 1243 National City Boulevard 'National City, CA 91950 ACORD 25 (2014/01) O 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD INSURED NAME: West -Tech Contracting, Inc. POLICY NO.: EPK107870 EFF. DATE: 4-01-2015 4i:Li: Crumvi:v YForster 1:4i pnrt of din PATRPAX grnup THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) or Organization(s) Where Required By Written Contract SECTION III — WHO IS AN INSURED within the Common Provisions is amended to include as an additional insured the person(s) or organization(s) indicated in the Schedule shown above, but only with respect to liability caused, in whole or in part, by "your work" for that insured which is performed by you or by those acting on your behalf. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. EN0111-0211 Page 1 of 1 INSURED NAME: West -Tech Contracting, Inc. POLICY NO.: EPK107870 EFF. DATE: 4-01-2015 part of the FAIRFAX group THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Person(s) or Organization(s): Where Required by Written Contract Location And Description Of Completed Operations Where Required by Written Contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section III — Who Is An Insured within the Common Provisions is amended to include as an 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". EN0320-0211 Page 1 of 1 INSURED NAME: West -Tech Contracting, Inc. POLICY NO.: EPK107870 EFF. DATE: 4-01-2015 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED WITH WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART ERRORS AND OMISSIONS LIABILITY COVERAGE PART THIRD PARTY POLLUTION LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Person(s) or Organization(s) Where Required by Written Contract A. SECTION III — WHO IS AN INSURED within the Common Provisions is amended to include as an additional insured the person(s) or organization(s) indicated in the Schedule shown above, but solely with respect to "claims" caused in whole or in part, by "your work" for that person or organization performed by you, or by those acting on your behalf. This insurance shall be primary and non-contributory, but only in the event of a named insured's sole negligence. B. We waive any right of recovery we may have against the person(s) or organization(s) indicated in the Schedule shown above because of payments we make for "damages" arising out of "your work" performed under a designated project or contract with that person(s) or organization(s). C. This Endorsement does not reinstate or increase the Limits of Insurance applicable to any "claim" to which the coverage afforded by this Endorsement applies. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. EN0118-0211 Page 1 of 1 INSURED NAME: West -Tech Contracting, Inc. POLICY NO.: EPK107870 EFF. DATE: 4-01-2015 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDED WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART ERRORS AND OMISSIONS LIABILITY COVERAGE PART THIRD PARTY POLLUTION LIABILITY COVERAGE PART ONSITE CLEANUP COVERAGE PART SCHEDULE Name of Person(s) or Organization(s) Where Required by Written Contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. SECTION VI — COMMON CONDITIONS, item 17. Transfer Of Rights of Recovery Against Others To Us within the Common Provisions is amended by the addition of the following: Solely as respects the person(s) or organization(s) indicated in the Schedule shown above, we waive any right of recovery we may have against the person(s) or organization(s) indicated in the Schedule shown above because of payments we make for "damages" arising out of your ongoing operations or your work" performed under a written contract with that person(s) or organization(s) and included in the "products - completed operations hazard". However, this waiver shall not apply to "damages' resulting from the sole negligence of the person(s) or organization(s) indicated in the Schedule shown above. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. EN0109-0211 Page 1 of 1 INSURED NAME: West -Tech Contracting, Inc. POLICY NO.: EPK107870 EFF. DATE: 4-01-2015 Forster parr er th^ PArRFAX group THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AGGREGATE LIMITS OF INSURANCE PER PROJECT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Under the Common Provisions, Section IV — LIMITS OF INSURANCE AND DEDUCTIBLE, item 3. is amended by the addition of the following: The General Aggregate Limit applies separately to each of your projects away from premises owned by or rented to you. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. EN0301-0211 Page 1 of 1 INSURED NAME: West -Tech Contracting, Inc. EFF. DATE: 4-01-2015 COMMERCIAL AUTO POLICY NO.: BAW56452336 CA 88 10 01 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. COVERAGE INDEX SUBJECT PROVISION NUMBER ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT 3 ACCIDENTAL AIRBAG DEPLOYMENT 12 AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS 19 AMENDED FELLOW EMPLOYEE EXCLUSION 5 AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE 13 BROAD FORM INSURED 1 BODILY INJURY REDEFINED 22 EMPLOYEES AS INSUREDS (including employee hired auto) 2 EXTENDED CANCELLATION CONDITION 23 EXTRA EXPENSE -BROADENED COVERAGE 10 GLASS REPAIR - WAIVER OF DEDUCTIBLE 15 HIRED AUTO PHYSICAL DAMAGE (including employee hired auto and loss of use) 6 HIRED AUTO COVERAGE TERRITORY 20 LOAN / LEASE GAP 14 PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) 16 PERSONAL EFFECTS COVERAGE 11 PHYSICAL DAMAGE - ADDITIONAL TRANSPORTATION EXPENSE COVERAGE 8 RENTAL REIMBURSEMENT 9 SUPPLEMENTARY PAYMENTS 4 TOWING AND LABOR 7 TWO OR MORE DEDUCTIBLES 17 UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS 18 WAIVER OF TRANSFER OF RIGHTS OF RECOVERYAGAINST OTHERS TO US 20 SECTION II - LIABILITY COVERAGE is amended as follows: 1. BROAD FORM INSURED SECTION II - LIABILITY COVERAGE, paragraph A.1. - WHO IS AN INSURED is amended to include the following as an insured: d. Any legally incorporated entity of which you own more than 50 percent of the voting stock during the policy period. However, "insured" does not include any organization that: (1) Is a partnership or joint venture; or (2) Is an insured under any other automobile policy; or (3) Has exhausted its Limit of Insurance under any other automobile policy. Paragraph d. (2) of this provision does not apply to a policy written to apply specifically in excess of this policy. e. Any organization you newly acquire or form, other than a partnership or joint venture, of which you own more than 50 percent of the voting stock. This automatic coverage is afforded only for 180 days from the date of acquisition or formation. However, coverage under this provision does not apply: (1) If there is similar insurance or a self -insured retention plan available to that organization; © 2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 7 (2) If the Limits of Insurance of any other insurance policy have been exhausted; or (3) To "bodily injury" or "property damage" that occurred before you acquired or formed the organization. 2. EMPLOYEES AS INSUREDS SECTION II - LIABILITY COVERAGE, paragraph A.1. - WHO IS AN INSURED is amended to include the following as an insured: f. Any "employee" of yours while using a covered "auto" you do not own, hire or borrow, but only for acts within the scope of their employment by you. Insurance provided by this endorse- ment is excess over any other insurance available to any "employee". g. An "employee" of yours while operating an "auto" hired or borrowed under a written contract or agreement in that "employee's" name, with your permission, while performing duties re- lated to the conduct of your business and within the scope of their employment. Insurance provided by this endorsement is excess over any other insurance available to the "employee". 3. ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT SECTION II - LIABILITY COVERAGE, paragraph A.1. - WHO IS AN INSURED is amended to include the following as an insured: h. Any person or organization with respect to the operation, maintenance or use of a covered "auto", provided that you and such person or organization have agreed in a written contract, agreement, or permit issued to you by governmental or public authority, to add such person, or organization, or governmental or public authority to this policy as an "insured". However, such person or organization is an "insured": (1) Only with respect to the operation, maintenance or use of a covered "auto'; (2) Only for "bodily injury" or "property damage" caused by an "accident" which takes place after you executed the written contract or agreement, or the permit has been issued to you; and Only for the duration of that contract, agreement or permit (3) 4. SUPPLEMENTARY PAYMENTS SECTION II - LIABILITY COVERAGE, Coverage Extensions, 2.a. Supplementary Payments, para- graphs (2) and (4) are replaced by the following: (2) Up to $3,000 for cost of bail bonds (including bonds for related traffic violations ) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the insured at our request, including actual loss of earn- ings up to $500 a day because of time off from work. 5. AMENDED FELLOW EMPLOYEE EXCLUSION In those jurisdictions where, by law, fellow employees are not entitled to the protection afforded to the employer by the workers compensation exclusivity rule, or similar protection, the following provision is added: SECTION II - LIABILITY, exclusion B.5. FELLOW EMPLOYEE does not apply if the "bodily injury" results from the use of a covered "auto" you own or hire. SECTION III - PHYSICAL DAMAGE COVERAGE is amended as follows: 6. HIRED AUTO PHYSICAL DAMAGE Paragraph A.4. Coverage Extensions of SECTION III - PHYSICAL DAMAGE COVERAGE, is amended by adding the following: If hired "autos" are covered "autos" for Liability Coverage, and if Comprehensive, Specified Causes of Loss or Collision coverage are provided under the Business Auto Coverage Form for any "auto" you own, then the Physical Damage coverages provided are extended to "autos": a. You hire, rent or borrow; or CA88100113 © 2013 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 7 b. Your "employee" hires or rents under a written contract or agreement in that "employee's" name, but only if the damage occurs while the vehicle is being used in the conduct of your business, subject to the following limit and deductible: A. The most we will pay for "loss" in any one "accident" or "loss" is the smallest of: (1) $50,000; or (2) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (3) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality, minus a deductible. B. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. C. Subject to the limit, deductible and excess provisions described in this provision, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. D. Subject to a maximum of $1,000 per "accident", we will also cover the actual loss of use of the hired "auto" if it results from an "accident", you are legally liable and the lessor incurs an actual financial loss. E. This coverage extension does not apply to: (1) Any "auto" that is hired, rented or borrowed with a driver; or (2) Any "auto" that is hired, rented or borrowed from your "employee". For the purposes of this provision, SECTION V- DEFINITIONS is amended by adding the following: "Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. 7. TOWING AND LABOR SECTION III - PHYSICAL DAMAGE COVERAGE, paragraph A.2. Towing, is amended by the addition of the following: We will pay towing and labor costs incurred, up to the limits shown below, each time a covered "auto" classified and rated as a private passenger type, "light truck" or "medium truck" is dis- abled: a. For private passenger type vehicles, we will pay up to $50 per disablement. b. For "light trucks", we will pay up to $50 per disablement. "Light trucks" are trucks that have a gross vehicle weight (GVW) of 10,000 pounds or less. c. For "medium trucks" , we will pay up to $150 per disablement. "Medium trucks" are trucks that have a gross vehicle weight (GVW) of 10,001 - 20,000 pounds. However, the labor must be performed at the place of disablement. 8. PHYSICAL DAMAGE - ADDITIONAL TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a., Coverage Extension of SECTION ID - PHYSICAL DAMAGE COVERAGE, is amend- ed to provide a limit of $50 per day and a maximum limit of $1,500 CA 88 10 01 13 © 2013 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 7 9. RENTAL REIMBURSEMENT SECTION III - PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the following: a. We will pay up to $75 per day for rental reimbursement expenses incurred by you for the rental of an "auto" because of "accident" or "loss", to an "auto" for which we also pay a "loss" under Comprehensive, Specified Causes of Loss or Collision Coverages. We will pay only for those expenses incurred after the first 24 hours following the "accident" or "loss" to the covered "auto." b. Rental Reimbursement will be based on the rental of a comparable vehicle, which in many cases may be substantially less than $75 per day, and will only be allowed for the period of time it should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days. c. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your tools and equipment from the covered "auto". d. This coverage does not apply unless you have a business necessity that other "autos" avail- able for your use and operation cannot fill. e. If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which Is not already provided under Paragraph 4. Coverage Extension. f. No deductible applies to this coverage. For the purposes of this endorsement provision, materials and equipment do not include "personal effects" as defined in provision 11. 10. EXTRA EXPENSE - BROADENED COVERAGE Under SECTION III - PHYSICAL DAMAGE COVERAGE, A. COVERAGE, we will pay for the expense of returning a stolen covered "auto" to you. The maximum amount we will pay is $1,000. 11. PERSONAL EFFECTS COVERAGE A. SECTION III - PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the following: If you have purchased Comprehensive Coverage on this policy for an "auto" you own and that "auto" is stolen, we will pay, without application of a deductible, up to $600 for "personal effects" stolen with the "auto." The insurance provided under this provision is excess over any other collectible insurance. B. SECTION V - DEFINITIONS is amended by adding the following: For the purposes of this provision, "personal effects" mean tangible property that is wom or carried by an insured." "Personal effects" does not include tools, equipment, jewelry, money or securities. 12. ACCIDENTAL AIRBAG DEPLOYMENT SECTION 1I1 - PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS is amended by adding the follow- ing: If you have purchased Comprehensive or Collision Coverage under this policy, the exclusion for "loss" relating to mechanical breakdown does not apply to the accidental discharge of an airbag. Any insurance we provide shall be excess over any other collectible insurance or reimbursement by manufacturer's warranty. However, we agree to pay any deductible applicable to the other cov- erage or warranty. 13. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE SECTION III - PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS, exception paragraph a. to exclu- sions 4.c. and 4.d. is deleted and replaced with the following: CA88100113 ® 2013 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 7 Exclusion 4.c. and 4.d. do not apply to: a. Electronic equipment that receives or transmits audio, visual or data signals, whether or not designed solely for the reproduction of sound, if the equipment is permanently installed in the covered "auto" at the time of the "loss" and such equipment is designed to be solely operated by use of the power from the 'auto's" electrical system, in or upon the covered "auto" and physical damage coverages are provided for the covered "auto"; or If the "loss" occurs solely to audio, visual or data electronic equipment or accessories used with this equipment, then our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by a $100 deductible. 14. LOAN / LEASE GAP COVERAGE A. Paragraph C., LIMIT OF INSURANCE of SECTION amended by adding the following: The most we will pay for a "total loss" to a covered one "accident" is the greater of the: 1. Balance due under the terms of the loan or lease to which the damaged covered "auto" is subject at the time of the "loss" less the amount of: a. Overdue payments and financial penalties associated with those payments as of the date of the "loss", b. Financial penalties imposed under a lease due to high mileage, excessive use or ab- normal wear and tear, c. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease, d. Transfer or rollover balances from previous loans or leases, e. Final payment due under a "Balloon Loan", f. The dollar amount of any unrepaired damage which occurred prior to the "total loss" of a covered "auto", Security deposits not refunded by a lessor, g. III - PHYSICAL DAMAGE COVERAGE is "auto" owned by or leased to you in any h. All refunds payable or paid to you as a result of the early termination of a lease agreement or as a result of the early termination of any warranty or extended service agreement on a covered "auto", i. Any amount representing taxes, I. 2. The Loan or lease termination fees; or actual cash value of the damage or stolen property as of the time of the "loss". An adjustment for depreciation and physical condition will be made in determining the actual cash value at the time of the "loss". This adjustment is not applicable in Texas. B. ADDITIONAL CONDITIONS This coverage applies only to the original loan for which the covered "auto" that incurred the loss serves as collateral, or lease written on the covered "auto" that incurred the loss. C. SECTION V - DEFINTIONS Is changed by adding the following: As used in this endorsement provision, the following definitions apply: "Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. A "balloon loan" is one with periodic payments that are insufficient to repay the balance over the term of the loan, thereby requiring a large final payment. CA88100113 ® 2013 Liberty Mutual Insurance Indudes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 7 15. GLASS REPAIR- WAIVER OF DEDUCTIBLE Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: No deductible applies to glass damage if the glass Is repaired rather than replaced. 16. PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: The deductible does not apply to "loss" caused by collision to such covered "auto" of the private passenger type or light weight truck with a gross vehicle weight of 10,000 lbs. or less as defined by the manufacturer as maximum loaded weight the "auto" is designed to carry while it is: a. In the charge of an "insured"; b. Legally parked; and c. Unoccupied. The "loss" must be reported to the police authorities within 24 hours of known damage. The total amount of the damage to the covered "auto" must exceed the deductible shown in the Declarations. This provision does not apply to any "loss" if the covered "auto" is in the charge of any person or organization engaged in the automobile business. 17. TWO OR MORE DEDUCTIBLES Under SECTION III PHYSICAL DAMAGE COVERAGE, if two or more company policies or coverage forms apply to the same accident, the following applies to paragraph D. Deductible: a. If the applicable Business Auto deductible is the smaller (or smallest) deductible it will be waived; or b. If the applicable Business Auto deductible is not the smaller (or smallest) deductible it will be reduced by the amount of the smaller (or smallest) deductible; or c. If the Toss involves two or more Business Auto coverage forms or policies the smaller (or smallest) deductible will be waived. For the purpose of this endorsement company means any company that is part of the Liberty Mutual Group. SECTION IV - BUSINESS AUTO CONDITIONS Is amended as follows: 18. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV- BUSINESS AUTO CONDITIONS, Paragraph B.2. is amended by adding the following: If you unintentionally fail to disclose any hazards, exposures or material facts existing as of the inception date or renewal date of the Business Auto Coverage Form, the coverage afforded by this policy will not be prejudiced. However, you must report the undisclosed hazard of exposure as soon as practicable after its discovery, and we have the right to collect additional premium for any such hazard or exposure. 19. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT, OR LOSS SECTION IV - BUSINESS AUTO CONDITIONS, paragraph A.2.a. is replaced in its entirety by the following: a. In the event of "accident", claim, "suit" or "loss", you must promptly notify us when it is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. Member, if you are a limited liability company; 4. An executive officer or the "employee" designated by the Named Insured to give such notice, if you are a corporation. CA88100113 © 2013 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 7 To the extent possible, notice to us should include: (1) How, when and where the "accident" or "loss" took place; (2) The "insureds" name and address; and (3) The names and addresses of any injured persons and witnesses. 20. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION IV - BUSINESS AUTO CONDITIONS, paragraph A.5., Transfer of Rights of Recovery Against Others to Us, is amended by the addition of the following: If the person or organization has waived those rights before an "accident" or "loss", our rights are waived also. 21. HIRED AUTO COVERAGE TERRITORY SECTION IV - BUSINESS AUTO CONDITIONS, paragraph B.7., Policy Period, Coverage Territory, is amended by the addition of the following: f. For "autos" hired 30 days or less, the coverage territory is anywhere in the world, provided that the insured's responsibility to pay for damages is determined in a "suit", on the merits, in the United States, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. This extension of coverage does not apply to an "auto" hired, leased, rented or borrowed with a driver. SECTION V - DEFINITIONS is amended as follows: 22. BODILY INJURY REDEFINED Under SECTION V - DEFINTIONS, definition C. is replaced by the following: "Bodily injury" means physical injury, sickness or disease sustained by a person, including mental anguish, mental injury, shock, fright or death resulting from any of these at any time. COMMMON POLICY CONDITIONS 23. EXTENDED CANCELLATION CONDITION COMMON POLICY CONDITIONS, paragraph A. - CANCELLATION condition applies except as fol- lows: If we cancel for any reason other than nonpayment of premium, we will mail to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. This provision does not apply in those states which require more than 60 days prior notice of cancella- tion. CA88100113 O 2013 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 7 THIS DOCUMENT HAS A TRUE DOCUCHECK" WATERMARK AND VISIBLE FIBERS DISCERNIBLE FROM BOTH SIDES 90776 BUSINESS LICENSE CERTIFICATE CITY OF NATIONAL CITY PURSUANT TO CITY ORDINANCE THIS LICENSE IS HEREBY GRANTED FOR THE TERM & PURPOSE STATED BUS DESCRIPTION GENERAL CONTRACTOR BUSINESS ADDRESS 568 N TULIP ST BUSINESS NAME ATTN: MAILING ADDRESS 568 N TULIP ST ESCONDIDO, CA 92025-2533 NON TRANSFERABLE POST IN A CONSPICUOUS PLACE 12/31/2015 City Manager THIS DOCUMENT IS ALTERATION PROTECTED AND REFLECTS FLUORESCENT FIBERS UNDER UV LIGHT KEEP FOR YOUR RECORDS BUSINESS TAX RECEIPT License No? 90776 CR $200.00 B $200.00 SB1186 $1.00 TOTAL $40'1.00 RESOLUTION NO. 2015 — 137 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO WEST -TECH CONTRACTING, INC., FOR THE NOT -TO -EXCEED AMOUNT OF $1,660,922.33 FOR THE PARADISE CREEK RESTORATION PROJECT, AUTHORIZING A 15% CONTINGENCY IN THE AMOUNT OF $249,138.35 FOR ANY UNFORESEEN CHANGES, AND AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT WHEREAS, on August 6, 2015, the Engineering Department publicly opened, examined, and declared four (4) sealed bids for the Paradise Creek Restoration Project to construct multiple bioretention areas and expand wetlands habitats in and around Kimball Park to treat a highly urbanized drainage area of approximately 77 acres; and WHEREAS, West -Tech Contracting, Inc., was the lowest responsive bidder qualified to perform the work as described in the project specifications with a total bid amount of $1,660,922.33; and WHEREAS, a 15% contingency amount up to $249,138.35 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 Paradise Creek Restoration Project to the lowest responsive, responsible bidder, to wit: WEST -TECH CONTRACTING, INC. BE IT FURTHER RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute on behalf of the City a contract in the amount of $1,660,922.33 with West -Tech Contracting, Inc., for the Paradise Creek Restoration 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 $249,138.35 for unforeseen changes to the Project. PASSED and ADOPTED this 1st day of September 2015. ATTEST: Michael R. Dalla, City Clerk on orrison, Mayor OVE' A A.ii TO FORM. jj i Claudia Gacitu.: Silva City Attor 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 Cityf4A4 of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2015-137 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 c a o \ s '- COUNCIL AGENDA STATEMENT MEETING DATE: September 1, 2015 AGENDA ITEM NO. 24 ITEM TITLE: Resolution of the City Council of the City of National City, 1) awarding a contract in the not -to -exceed amount of $1,660,922.33 to West -Tech Contracting, Inc. for the Paradise Creek Restoration Project, CIP No. 15-05; 2) authorizing a 15% contingency in the amount of $249,138.35 for any unforeseen changes; and 3) authorizing the Mayor to execute the contract. PREPARED BY: Cruz Ruelas-Avila, Civil Engineering Tech PHONE: '(619) 336-4387 EXPLANATION: See attached. DEPARTMENT: Engineering/Public Works APPROVED BY: FINANCIAL STATEMENT: APPROVED: 77ti, ACCOUNT NO. APPROVED: 296-409-500-598-6190 (Proposition 84 Storm Water Program Grant): $1,340,922.33 001-409-500-598-6190 (Proposition 84 Storm Water Program Grant Match): $120,000.00 001-409-500-598-6573 (FY 2016 Traffic Safety Enhancements): $200,000.00 ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Bid Opening Summary 3. Three Lowest Bidders Summary 4. Resolution EXPLANATION The Paradise Creek Restoration Project, CIP No. 15-05, will construct multiple bioretention areas and expand wetlands habitats in and around Kimball Park to treat a highly urbanized drainage area of approximately 77 acres. The project will also restore approximately 1,050 linear feet of Paradise Creek through Kimball Park by removing the concrete channel, widening the creek and reintroducing native vegetation. The project will implement low -impact development (LID) to improve water quality from urban storm water runoff and provide an opportunity for residents and guests to interact with a natural, tidally -influenced water body through the park. On July 14, 2015, the bid solicitation was posted on PlanetBids, a free public electronic bidding system for contractors. On July 10, 2015, the bid solicitation was advertised in local newspapers. On August 6, 2015, four (4) 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. West -Tech Contracting, Inc. was the apparent low bidder with a total bid amount of $1,660,922.33. Upon review of all documents submitted and reference checks, West - Tech Contracting, Inc.'s bid is responsive, and they are the lowest responsible bidder qualified to perform the work as described in the project specifications. Attached are the bid opening results and a summary of the three lowest bidders for your information. Staff recommends awarding a contract in the not to exceed amount of $1,660,922.33 to West -Tech Contracting, Inc. for the Paradise Creek Restoration Project, CIP No. 15-05, and authorizing a 15% contingency in the amount of $249,138.35 for unforeseen changes that may arise. The project is funded through the Proposition 84 Storm Water Program Grant Program administered by the California State Water Resources Control Board (State Water Board). NAME: CIP NO: DATE: TIME: ESTIMATE: BID OPENING RESULTS PARADISE CREEK RESTORATION PROJECT 15-05 Wednesday, August 5, 2015 3:00 P.M. $1,900,000.00 PROJECT ENGINEER: Kenneth Fernandez, P.E. NO. BIDDER'S NAME (PAGE 1-1) BID AMOUNT ADDENDA Add. #1, 2, 3 BID UR1TY -CHECKK - BOND 1. West -Tech Contracting, Inc. 568 North Tulip Street Escondido, CA 92078 $ 1,660,922.33 Yes Bond 2. Palm Engineering Construction Company, Inc. 7330 Opportunity Road #J San Diego, CA 92111 $ 1,845,040.50 Yes Bond 3. Western Rim Constructors, Inc. 912 S Andreasen Drive, Suite 108 Escondido, CA 92029 $ 1,917,905.47 Yes Bond 4. 3-D Enterprises, Inc, 7964 Arjons Drive, Suite I San Diego, CA 92126 $ 2,008,000.00 Yes Bond -1- for Paradise Creek Restoration Project, CIP No. 15-05 West -Tech Contracting, Inc. Palm Engineering Western Rim Constructors, Inc. Item No. Description Unit Qty. Unit Price Extension (Quantity x Unit Price) Unit Price Extension (Quantity x Unit Price) Unit Price Extension (Quantity x Unit Price) Base Bid 1 Mobilization/Demobilization LS 1 $109,974.15 $109,974.15 $50,000.00 $50,000.00 $99,540.33 $99,540.33 2 Surveying and Construction Staking LS 1 $16,956.00 $16,956.00 $15,000.00 $15,000.00 $23,235.30 $23,235.30 3 Signing and Striping LS 1 $19,950.00 $19,950.00 $25,000.00 $25,000.00 $43,856.63 $43,856.63 4 Traffic Control and Pedestrian Control LS 1 $23,059.39 $23,059.39 $50,000.00 $50,000.00 $35,156.87 $35,156.87 5 Clearing and Grubbing LS 1 $76,314.87 $76,314.87 $140,000.00 $140,000.00 $138,258.07 $138,258.07 6 Water Pollution Control LS 1 $123,724.34 $123,724.34 $40,000.00 $40,000.00 $57,158.84 $57,158.84 7 Water Diversion / Pump Around LS 1 $38,025.33 $38,025.33 $30,000.00 $30,000.00 $11,617.65 $11,617.65 8 Storm Event Water Diversion DAYS 10 $380.25 $3,802.50 $1,000.00 $10,000.00 $2,323.53 $23,235.30 9 Construct 4" PCC Sidewalk per SDRSD G- 7, G-9, G-10, G-11 SF 2780 $5.25 $14,595.00 $7.00 $19,460.00 $11.64 $32,359.20 10 Construct Curb Ramp (All Types) EA 11 $750.00 $8,250.00 $2,700.00 $29,700.00 $3,485.29 $38,338.19 11 Construct Concrete Driveway per SDRSD G-14B SF 340 $5.25 $1,785.00 $10.00 $3,400.00 $20.92 $7,112.80 12 Construct 6" Curb and Gutter per SDRSD G-2 LF 200 $35.75 $7,150.00 $35.00 $7,000.00 $52.57 $10,514.00 13 Construct Modified Monolithic Back Curb LF 30 $45.00 $1,350.00 $32.00 $960.00 $58.09 $1,742.70 14 Construct Cross Gutter per SDRSD G-12 SF 1650 $39.00 $64,350.00 $12.00 $19,800.00 $13.88 $22,902.00 15 Furnish and Install Stabilized Decomposed Granite at 4" Thick TON 25 $190.80 $4,770.00 $160.00 $4,000.00 $198.55 $4,963.75 16 Construct Concrete Header Curb LF 440 $39.00 $17,160.00 $14.00 $6,160.00 $34.85 $15,334.00 17 Construct Asphalt Concrete Pavement TON 640 $95.98 $61,427.20 $120.00 $76,800.00 $111.51 $71,366.40 18 Construct Class II Aggregate Base TON 1320 $22.53 $29,739.60 $34.00 $44,880.00 $47.14 $62,224.80 19 Furnish and Install Mirafi RS380i Woven Geosynthetic, or approved equal SF 24280 $0.82 $19,909.60 $0.70 $16,996.00 $0.62 $15,053.60 20 Stress -Relieving Fabric SF 885 $4.54 $4,017.90 $5.70 $5,044.50 $5.27 $4,663.95 21 Type II REAS, Plant Mix GAL 800 $12.40 $9,920.00 $25.00 $20,000.00 $25.05 $20,040.00 West -Tech Contracting, Inc. Palm Engineering Western Rim Constructors, Inc. Item No Description Unit Qty. Unit Price Extension (Quantity x Unit Price) Unit Price Extension (Quantity x Unit Price) Unit Price Extension (Quantity x Unit Price) 22 Clean, Paint, and Apply Anti -Graffiti Coating on Existing Bridge LS 1 $26,426.17 $26,426.17 $15,000.00 $15,000.00 $5,808.82 $5,808.82 23 Landscape LS 1 $90,000.00 $90,000.00 $258,000.00 $258,000.00 $218,043.99 $218,043.99 24 Coir Control Mat 40 by GEI Works, or approved equal SF 29000 $0.64 $18,560.00 $1.00 $29,000.00 $0.55 $15,950.00 25 Landscape 6 month Maintenance Period MON 6 $4,500.00 $27,000.00 $1,500.00 $9,000.00 $5,808.83 $34,852.98 26 Irrigation LS 1 $41,000.00 $41,000.00 $5,000.00 $5,000.00 $72,610.32 $72,610.32 27 Construct Vegetated Bioretention Basin SF 11660 $29.79 $347,351.40 $42.00 $489,720.00 $25.22 $294,065.20 28 Construct Vegetated Bioretention Basin with 4" Perforated Pipe SF 2350 $46.46 $109,181.00 $38.00 $89,300.00 $21.44 $50,384.00 29 Construct Non -Vegetated Bioretention Basin SF 850 $42.59 $36,201.50 $40.00 $34,000.00 $27.68 $23,528.00 30 Construct Non -Vegetated Infiltration Basin SF 890 $19.96 $17,764.40 $24.00 $21,360.00 $18.98 $16,892.20 31 Furnish and Install Diversion Structure EA 1 $7,449.15 $7,449.15 $10,000.00 $10,000.00 $5,808.83 $5,808.83 32 Construct Modified Type B Headwall CY 12 $947.43 $11,369.16 $900.00 $10,800.00 $1,161.76 $13,941.12 33 Furnish and Install 6" SDR-35 PVC Pipe LF 120 $17.13 $2,055.60 $60.00 $7,200.00 $61.81 $7,417.20 34 Furnish and Install 6" PVC to 6" Corrugated HDPE Calder -Type Coupling EA 2 $500.00 $1,000.00 $500.00 $1,000.00 $580.88 $1,161.76 35 Furnisn and Install 15" RCP Pipe per SDRSD D-60 LF 10 $404.49 $4,044.90 $300.00 $3,000.00 $295.55 $2,955.50 36 Furnisn and Install 18" RCP Pipe per SDRSD D-60 LF 160 $116.19 $18,590.40 $220.00 $35,200.00 $123.32 $19,731.20 37 Furnish and Install Concrete Lug per SDRSD D-63 EA 2 $1,508.00 $3,016.00 $1,000.00 $2,000.00 $580.88 $1,161.76 38 Construct Rip Rap Forebay CY 30 $98.71 $2,961.30 $500.00 $15,000.00 $286.64 $8,599.20 39 Construct Overflow Spillway CY 26 $59.16 $1,538.16 $800.00 $20,800.00 $403.13 $10,481.38 West -Tech Contracting, Inc. Palm Engineering Western Rim Constructors, Inc. Item No Description p Unit Qty. y Unit Price Extension (Quantityx Unit Price) Unit Price(Quantity Extension x Unit Price) Unit Price Extension (Quantity x Unit Price) 40 Constuct Modified Rip Rap (No. 2 Backing) per SDRSD D-40 CY 35 $130.36 $4,562.60 $500.00 $17,500.00 $491.67 $17,208.45 41 Constuct Modified Rip Rap (1/4 Ton) per SDRSD D-40 CY 35 $130.36 $4,562.60 $500.00 $17,500.00 $717.95 $25,128.25 42 Furnish and Install Culvert Barrier -Outlet with Trash Gate EA 2 $5,000.00 $10,000.00 $7,500.00 $15,000.00 $8,713.24 $17,426.48 43 Furnish and Install Sediment Control Marker per Note 28 Sheet 22 EA 1 $500.00 $500.00 $300.00 $300.00 $580.88 $580.88 44 Furnish and Install Type I Catch Basin EA 1 $1,260.00 $1,260.00 $7,000.00 $7,000.00 $5,808.83 $5,808.83 45 Furnish and Install Contech Triton Catch Basin Insert Model No. TRC9 or approved equal EA 1 $2,222.17 $2,222.17 $3,500.00 $3,500.00 $4,066.18 $4,066.18 46 Concrete Encasement LF 22 $137.09 $3,015.98 $30.00 $660.00 $383.94 $8,446.68 47 Temporary Cofferdam LS 1 $15,000.00 $15,000.00 $3,500.00 $3,500.00 $17,426.48 $17,426.48 48 Unclassified Excavation LS 1 $99,682.96 $99,682.96 $50,000.00 $50,000.00 $208,356.98 $208,356.98 49 Unsuitable Material CY 500 $86.30 $43,150.00 $49.00 $24,500.00 $52.28 $26,140.00 Base Bid Total $1,605,696.33 $1,809,040.50 $1,872,657.05 Additive Bid 50 Furnish and Install LED Sign and Equipment EA 2 $27,613.00 $55,226.00 $18,000.00 $36,000.00 $22,624.21 $45,248.42 Additive Bid Total $55,226.00 $18,000.00 $36,000.00 $22,624.21 $45,248.42 Grand Total $1,660,922.33 $1,845,040.50 $1,917,905.47 RESOLUTION NO. 2015 -- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO WEST -TECH CONTRACTING, INC., FOR THE NOT -TO -EXCEED AMOUNT OF $1,660,922.33 FOR THE PARADISE CREEK RESTORATION PROJECT, AUTHORIZING A 15% CONTINGENCY IN THE AMOUNT OF $249,138.35 FOR ANY UNFORESEEN CHANGES, AND AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT WHEREAS, on August 6, 2015, the Engineering Department publicly opened, examined, and declared four (4) sealed bids for the Paradise Creek Restoration Project to construct multiple bioretention areas and expand wetlands habitats in and around Kimball Park to treat a highly urbanized drainage area of approximately 77 acres; and WHEREAS, West -Tech Contracting, Inc., was the lowest responsive bidder qualified to perform the work as described in the project specifications with a total bid amount of $1,660,922.33; and WHEREAS, a 15% contingency amount up to $249,138.35 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 Paradise Creek Restoration Project to the lowest responsive, responsible bidder, to wit: WEST -TECH CONTRACTING, INC. BE IT FURTHER RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute on behalf of the City a contract in the amount of $1,660,922.33 with West -Tech Contracting, Inc., for the Paradise Creek Restoration 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 $249,138.35 for unforeseen changes to the Project. PASSED and ADOPTED this 1st day of September, 2015. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia Gacitua Silva City Attorney e NO October 7, 2015 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. DaIla, CMC - City Clerk Mr. Rick Engebretsen West -Tech Contracting, Inc. 568 North Tulip Street Escondido, CA 92078 Dear Mr. Engebretsen, On September 1st, 2015, Resolution No. 2015-137 was passed and adopted by the City Council of the City of National City, authorizing execution of a Contract with West -Tech Contracting, 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.