Loading...
HomeMy WebLinkAbout2016 CON CS Legacy Construction - Paradise Creek Educational ParkOWNER - CONTRACTOR AGREEMENT PARADISE CREEK EDUCATIONAL PARK, CIP NO. 16-08 This Owner -Contractor Agreement ("Agreement") is made by and between the City of National City, 1243 National City Boulevard National City, California 91950 and C.S. Legacy Construction, Inc. ("Contractor"), 1461 S. East End Avenue, Pomona, CA 91766 on the 20th day of September, 2016, 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 oft provisions of this Section 15, above: 1ial) (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. Own yor, City of National City Attest: City Clerk, City M icar - R • bAL -A APPROVED AS TO FORM: George H. riser, III Interim City Attorney City Contractor: C.S. Le:ac truction Inc. (Owner/Off nature GREGG STRUMPF — PRESIDENT Print name and title of National (S(ond officer signature if a corporation) RICHARD GONZALES — SECRETARY Print name and title -c0 fp`©W Contractor's City Business License No. 826870 A, B, C27 State Contractor's License No. and Class 1461 S. EAST END AVENUE Business street address POMONA, CA 91766 City, State and Zip Code 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 LOS ANGELES On OCTOBER 4, 2016 before me, GLORIA MACIAS, NOTARY PUBLIC (insert name and title of the officer) personally appeared GREGG STRUMPF who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature t , (Seal) GLORIA MACIAS Commission # 2105161 Notary Public - California Los Angeles County My Comm. Expires Mar 29, 2019 z z 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 LOS ANGELES On OCTOBER 4, 2016 before me, GLORIA MACIAS, NOTARY PUBLIC (insert name and title of the officer) personally appeared RICHARD GONZALES who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature J1(Seal) GLORIA MACIAS Commission # 2105161 Notary Public - California Los Angeles County My Commt�Expires Mar 29, 2019 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 Educational Park (CIP No. 16-08) Issued on 07/20/2016 Bid Due on August 22, 2016 10:00 AM (Pacific) Exported on 08/23/2016 vendorlD Company Name Address City State 383675 C.S. Legacy Construction, Inc 1461 S East End Ave Pomona CA Line Items Item No. Section Description Unit Qty. Unit Price Line Total 1 Base Bid - General Mobilization/Demobilization LS 1 $77,544.00 $77,544.00 2 Base Bid - General Surveying and Construction Staking LS 1 $17,561.00 $17,561.00 3 Base Bid - General Signing and Striping LS 1 $4,231.00 $4,231.00 4 Base Bid - General Traffic Control LS 1 $6,656.00 $6,656.00 5 Base Bid - General Clearing and Grubbing LS 1 $46,635.00 $46,635.00 6 Base Bid - General Water Pollution Control LS 1 $8,591.00 $8,591.00 Subtotal $161,218.00 7 Base Bid - Site Improvements Construct 4" PCC Sidewalk per SDRSD G-7, G-9, G-10, G-11 SF 965 $6.60 $6,369.00 8 Base Bid - Site Improvements Construct Curb Ramp (All Types) EACH 1 $2,261.00 $2,261.00 9 Base Bid - Site Improvements Construct 6" Curb per SDRSD G-1 LF 98 $22.00 $2,156.00 10 Base Bid - Site Improvements Construct 6" Curb and Gutter per SDRSD G-2 LF 220 $30.00 $6,600.00 11 Base Bid - Site Improvements Furnish and Install Composite Bender Board LF 2447 $8.00 $19,576.00 12 Base Bid - Site Improvements Construct Asphalt Concrete Pavement TON 40 $266.00 $10,640.00 13 Base Bid - Site Improvements Construction Crushed Aggregate Base TON 110 $58.00 $6,380.00 14 Base Bid - Site Improvements Type II REAS, Plant Mix GAL 240 $70.50 $16,920.00 15 Base Bid - Site Improvements Furnish and Install Ornamental Fence LF 203 $193.00 $39,179.00 16 Base Bid - Site Improvements Furnish and Install Ornamental Fence Gate EACH 2 $1,792.00 $3,584.00 17 Base Bid - Site Improvements Contruct Chain Link Fence Double Gate EACH 1 $3,291.00 $3,291.00 18 Base Bid - Site Improvements Refurbish and Relocate Existing Bollard EACH 4 $419.00 $1,676.00 19 Base Bid - Site Improvements Furnish and Install Picnic Tables EACH 2 $2,506.00 $5,012.00 20 Base Bid - Site Improvements Construct Seven (7) Planter Boxes LS 1 $8,210.00 $8,210.00 21 Base Bid - Site Improvements Furnish and Install Compost Bin EACH 1 $263.00 $263.00 22 Base Bid - Site Improvements Furnish and Install Stabilized Decomposed Granite (4" Depth) TON 100 $68.00 $6,800.00 23 Base Bid - Site Improvements Restore Existing Stabilized Decomposed Granite Paths (2" Depth) TON 25 $68.00 $1,700.00 24 Base Bid - Site Improvements Furnish and Install Shed EACH 1 $4,592.00 $4,592.00 25 Base Bid - Site Improvements Construct Outdoor Wash Bin with Greywater Infiltration System LS 1 $9,889.00 $9,889.00 26 Base Bid - Site Improvements Furnish and Install Storage Bin EACH 1 $230.00 $230.00 27 Base Bid - Site Improvements Furnish and Install Vertical Garden EACH 2 $1,035.00 $2,070.00 28 Base Bid - Site Improvements Furnish and Install Chalk Board EACH 1 $487.00 $487.00 29 Base Bid - Site Improvements Furnish and Install Permeable Pavers SF 1410 $11.00 $15,510.00 30 Base Bid - Site Improvements Construct Raised Deck LS 1 $37,388.00 $37,388.00 31 Base Bid - Site Improvements Furnish and Install Shade Sail LS 1 $10,791.00 $10,791.00 32 Base Bid - Site Improvements Construct Shade Sail Supports EACH 3 $2,320.00 $6,960.00 33 Base Bid - Site Improvements Construct Concrete Header Curb LF 405 $24.00 $9,720.00 34 Base Bid - Site Improvements Furnish and Install Modified Curb Outlet Type A per SDRSD D-25 EACH 1 $8,323.00 $8,323.00 Subtotal $246,577.00 35 Base Bid - Landscape Improvements Landscaping LS 1 $41,360.00 $41,360.00 36 Base Bid - Landscape Improvements Landscape 6 month Maintenance Period LS 1 $22,137.00 $22,137.00 37 Base Bid - Landscape Improvements Irrigation LS 1 $42,216.00 $42,216.00 Subtotal $105,713.00 38 Base Bid - Drainage Improvements Construct Vegetated Bioretention Basin with 4" Perforated Pipe SF 1200 $31.41 $37,692.00 39 Base Bid - Drainage Improvements Construct Bioswale SF 400 $29.57 $11,828.00 40 Base Bid - Drainage Improvements Construct Concrete Lug per SDRSD D-63 EACH 1 $3,515.00 $3,515.00 Subtotal $53,035.00 41 Base Bid - Earthwork Unclassified Excavation LS 1 $12,578.00 $12,578.00 42 Base Bid - Earthwork Removal, disposal, and replacement of unsuitable material CY 50 $226.00 $11,300.00 Subtotal $23,878.00 43 Additive Bid 1 Communications, Fiber, and Camera System LS 1 $57,341.00 $57,341.00 44 Additive Bid 1 Lighting and Electrical LS 1 $107,704.00 $107,704.00 45 Additive Bid 1 Construct Modified Catch Basin - Type F EACH 1 $13,023.00 $13,023.00 46 Additive Bid 1 Furnish and Install 6' High Chain Link Swing Gate per SDRSD M-5 (L=7') EACH 1 $1,058.00 $1,058.00 47 Additive Bid 1 Furnish and Install 6' High Chain Link Swing Gate per SDRSD M-5 (L=12') EACH 1 $1,881.00 $1,881.00 48 Additive Bid 1 Furnish and Install 6' High Chain Link Fence per SDRSD M-6 LF 29 $196.00 $5,684.00 49 Additive Bid 1 Construct Concerete Driveway per SDRSD G-14B SF 16 $11.00 $176.00 Subtotal $186,867.00 Total $777,288.00 CORPORATE CERTIFICATE I, RICHARD GONZALES certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that GREGG STRUMPF , 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, RICHARD GONZALES certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that GREGG STRUMPF , 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. Corporate Seal: Bond Number: 8[J07]2793 Bond Premium: $9'29Q PERFORMANCE BOND WHEREAS, the City Council ofthe City ofNational City, byResolution No, 2016-147, passed the 20th day of September, 2016 has awarded to C.S. Legacy Construction, Inc. hereinafter designated asthe "Principa|",the PARADISE CREEK EDUCATIONAL PARK, C|PNo. I6-08, WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance ofsaid contract. NOW, THEREFORE, we,the Principal and international Fidelity Insurance Company as surety, are held and firmly bound unto the City Council ofthe City ofNational City, hereinafter called the "[ound|" in the penal sum of Six Hundred Twelve Thousand, Two Hundred Forty Three and No Cents ($612,243.00) 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 bythese presents. THE CONDITION OFTHIS OBLIGATION i5 SUCH THAT if the above bounden Principal, his/her or its heirs, executors, administrators, successors o, 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 itshall beand remain infull 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 3rd day of October , 2016. Internat. nal Fidelity Insurance Company (SEAL) Kevin P. Reed, Attorney -in -Fact Surety (SEAL) (SEAL) c.s ion, Inc. ►7L Gre:• stru .f,President Principal (SEAL) (SEAL) (SEAL) PERFORMANCE BOND *See attached acknowledgement ATTORNEYAN-FACT ACKNOWLEDGEMENT OF SURETY STATE OF ss COUNTY OF � \ On this day of , 2815, 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 asSurety, and his own name osattorney- |n-fact. NOTE: Signature of those executing for Surety must be properly acknowledged. NOTE: The Attunney-in'fact must attach a certified copy of the Power of Signature: Name (Type nrPr)nt): My Commission expires: Tel (973) 624-7200 POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY ALLEGHENY CASUALTY COMPANY ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102-5207 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY , a corporation organized and existing under the laws of the State of New Jersey, and ALLEGHENY CASUALTY COMPANY a corporation organized and existing under the laws of the State of New Jersey, having their principal office in the City of Newark, New Jersey, do hereby constitute and appoint MARCUS REED, KEVIN P. REED Santa Ana, CA. their true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By -Laws of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 20th day of July, 2010 and by the Board of Directors of ALLEGHENY CASUALTY COMPANY at a meeting duly held on the 15th day of August, 2000: "RESOLVED, that (1) the President, Vice President, Chief Executive Officer or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys -in -Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointments of joint -control custodians, agents for acceptance of process, and Attorneys -in -fact with authority to execute waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed." IN WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and attested these presents on this 31st day of December, 2015. STATE OF NEW JERSEY County of Essex ROBERT W. MINSTER Chief Executive Officer (International Fidelity Insurance Company) and President (Allegheny Casualty Company) On this 31 st day of December 2015, before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said he is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY ; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. IN TESTIMONY WHEREOF, I have hereunto set myhand affixed my Official Seal, at the City of Newark, New Jersey the day and year frst above written. • : rtitio. . m • tt PUBLIC '6 • /��',, OF NEW ,.�'�� ,,,,, ��",,, CERTIFICATION A NOTARY PUBLIC OF NEW JERSEY My Commission Expires April 16, 2019 I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF, I have hereunto set my hand this day MARIA BRANCO, Assistant Secretary 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 LOS ANGELES On OCTOBER 4, 2016 before me, GLORIA MACIAS, NOTARY PUBLIC (insert name and title of the officer) personally appeared GREGG STRUMPF who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature C (Seal) GLORIA MACIAS Commission # 2105161 Notary Public - California Los Angeles County M miptComm. Expires Mar 29, 2019 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 Orange On October 3, 2016 before me, Brandon K. Grindel, Notary (insert name and title of the officer) personally appeared Kevin P. Reed, Attorney -in -Fact who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Seal) BRANDON K. GRINDEL Commission # 2069031 Notary Public - California Orange County PAYMENT BOND Bond Number: SlJO7l2793 Bond Premium: included WHEREAS, the City Council of the City of National City, by Resolution No. 2016-, passed the 20^^day nfSeptember, 2D1Ghas awarded C.S'Legacy Construction, |nc, hereinafter designated aathe "Phndpd", the PARADISE CREEK EDUCATIONAL PARK, C|pNO. 16-UD, WHEREAS, said Principal is required bvChapter 5 (commencing atSection 3225> and Chapter 7(commencing atSection 3247),Title 1S,Part 4,Division 3ofthe California Civil Code tofurnish abond |nconnection with said contract; NOW, THEREFORE, we, the Principal and International Fidelity Insurance Company as surety, are held and firmly bound unto the City Council of the [h» of National City, hereinafter called the "Council", in the penal sum of Six Hundred Twelve Thousand, Two Hundred FmrtvThree and NmCents ($622,243.00) lawful money ofthe 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 8SUCH that if said Principal, his/her orits 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 I8806 of the Revenue and Taxation Code, with respect to such work and labor the Surety will pay for the same in an a,nnunt not exceeding the sum hereinafter specified, and also, in case suit is brought upon this bond, areasonable oito,ney`mfee, tobefixed bythe 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 ofaction 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 ofany terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement heneinabovr described, nor byany 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 isgiven, and under nocircumstances 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 3110or3l12nfthe California Civil Code, and has not been paid the h/U amount ofhis claim and that Surety does hereby waive notice ofany such change, extension oftime, addition, alteration ormodification herein mentioned, IN WITNESS WHEREOF three identical counterparts of this instrument, each of which shall for all purposes be deerned an original thereof, have been duly executed by the Principal and Surety above named, onthe 3ru day of ou^h' 2016 International company � By: � Kevin cReed, mmmev-iu-Fact BEAU (SE AL) C.S. Legacy Copsilction, Inc. or / / Gregg St pf,President Surety / Principal (SEAL) (SEAL) ,see attached acknowledgement ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY )ss On this day of , 2016, 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 inotriument, and acknowledged to me that he subscribed the name of said corporation thereto asSurety, and his own name asatborney-in-facf. NOTE: Signature of those executing or NOTE: The Attorney -in -fact must attach a Surety must be properly certified copy of the Power of acknowledged, | Attorney. Signature. Name (Type or Print): (Notary Public in and for said County and State) K4yCommission expires: A//ACHALL BONDS Tel (973) 624-7200 POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY ALLEGHENY CASUALTY COMPANY ONE NEWARK CENTER, 20THFLOOR NEWARK, NEW JERSEY 07102-5207 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY , a corporation organized and existing under the laws of the State of New Jersey, and ALLEGHENY CASUALTY COMPANY a corporation organized and existing under the laws of the State of New Jersey, having their principal office in the City of Newark, New Jersey, do hereby constitute and appoint MARCUS REED, KEVIN P. REED Santa Ana, CA. their true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By -Laws of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 20th day of July, 2010 and by the Board of Directors of ALLEGHENY CASUALTY COMPANY at a meeting duly held on the 15th day of August, 2000: "RESOLVED, that (1) the President, Vice President, Chief Executive Officer or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys -in -Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointments of joint -control custodians, agents for acceptance of process, and Attorneys -in -fact with authority to execute waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed." IN WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and attested these presents on this 31st day of December, 2015. STATE OF NEW JERSEY County of Essex ROBERT W. MINSTER Chief Executive Officer (international Fidelity Insurance Company) and President (Allegheny Casualty Company) On this 31 st day of December 2015, before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said he is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY ; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. L :•per NOTARYA :r OP.• m• .t PUBLIC y: '"et°F NEW ,,,,,,,,,,,,,`,` CERTIFICATION IN TESTIMONY WHEREOF, I have hereunto set myhand affixed my Official Seal, at the City of Newark, New Jersey the day and year frst above written. A NOTARY PUBLIC OF NEW JERSEY My Commission Expires April 16, 2019 I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF, I have hereunto set my hand this day of �c4-72 MARIA BRANCO, Assistant Secretary 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 LOS ANGELES On OCTOBER 4, 2016 before me, GLORIA MACIAS, NOTARY PUBLIC (insert name and title of the officer) personally appeared GREGG STRUMPF who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (A(Seal) GLORIA MACIAS Commission # 2105161 Notary Public - California z Los Angeles County D My Comg�m E�xpiires Mar 29, 2019 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 Orange On October 3, 2016 before me, Brandon K. Grindel, Notary (insert name and title of the officer) personally appeared Kevin P. Reed, Attorney -in -Fact who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) BRANDON K. GRINDEL Commission # 2069031 Notary CouCalnty Orange Count Mv Comm. Expires Jun 18, 2018 CSLEGAC OP ID: RWR r�. '`'—'"' CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDlYYYY) 10/17/2016 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 Reed Surety & Insurance Services, Inc PO Box 2352 Orange, CA 92859 KEVIN REED NCONT AMEACT KEVIN REED (A/C NE No, Ext):714-389-6797 FAX (A C, No): 714-276-2684 ADDRESS: KEVIN REEDSURETY.COM INSURER(S)AFFORDING COVERAGE NAIC# INSURER A : GREAT AMERICAN ASSURANCE COMP. 26344 INSURED CS Legacy Construction Inc 1461 S. EAST END AVE POMONA, CA 91766 INSURER a:AMERICAN FIRE & CASUALTY COMP. 24066 INSURER C : CYPRESS INSURANCE COMPANY 10855 INSURER D : INSURER E : INSURER F : CERTIFICATE N • 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 LTRINSR TYPE OF INSURANCE ADDL SUBR WVD POLICY NUMBER POLICY EFF JMM/DDIYYYY) POLICY EXP 1MMIDD/YYYY) LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY X X GLP 3177219 DEDUCTIBLE 5,000 PER OCC. 03/19/2016 03/19/2017 EACH OCCURRENCE $ 1,000,000 PREM SESO(Ea occurrence) $ 50,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $ X XCU INCLUDED PERSONAL & ADV INJURY $ 1,000,000 X CONTRACTUAL LIAB GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: 7 POLICY X FM- LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ B AUTOMOBILE X X LIABILITY ANY AUTO ALL OWNED X SCHEDULED X X BAA1756419246 03/19/2016 03/19/2017 (Ee aBINEDccidenSINGLE LIMIT $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY(Per accident)$ PROPERTY DAMAGE (PER ACCIDENT) $ A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE X X UMB 3177220 03/19/2016 03/19/2017 EACH OCCURRENCE $ 4,000,000 AGGREGATE $ 4,000,000 DED X RETENTION $ 10000 JOB SITE $ 4,000,000 C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N I A X CSWC608964 11/15/2015 11/15/2016 X WC STATU- TORY LIMITS OTH- ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) PROJECT: PARADISE CREEK EDUCATIONAL PARK, CIP 16-08, SEE NEXT PAGE FOR ADDITIONAL INSURED WORDING 30 DAYS NOTICE OF CANCELLATION CERTIFICATE HOLDER CANCELLATION CITYNAT CITY OF NATIONAL CITY c/o RISK MANAGER 1243 NATIONAL CITY BLVD NATIONAL CITY, CA 91950-4397 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 KEVIN REED Digitally signed by KEVIN P REED DN: cn=KEVIN P REED. o=Reed Surety & Insurance Services Inc, ou=PRESIDENT, emall=kevin@reedsurety.com, c=US Date: 2016.10.18 2214:11 -04'00' ACORD 25 (2010/05) © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD NOTEPAD: HOLDER CODE CITYNAT INSURED'S NAME CS Legacy Construction Inc CSLEGAC PAGE 2 OP ID: RWR Date 10/17/2016 1. City of National City and its elected officials officers, employees, agents, representatives, consultants, contract employees and volunteers are hereby added as additional insureds but only as respects work done by, for, or on behalf of the named insureds. 2. This policy shall be considered primary insurance as respects any other valid and collectible insurance the City of National City and all other additionally insured may possess, including self -insured retention, the City of National City and all other additionally insured may possess, and any other insurance the City of National City and all other additionally insured do possess shall be considered excess insurance only. 3. This insurance shall act for each insured, and additional insured, as though a separate policy had been written for each. This, however, will not act to increase the limit of liability of the insuring company. 4. All and each additionally insured shall have the right to select their own defense counsel. 5. Thirty (30) days written notice of cancellation. 6. Waiver of subrogation applies to all policies listed on this certificate. CS Legacy Construction, Inc. Policy #: CSWC608964 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT- CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE PERSON OR ORGANIZATION JOB DESCRIPTION ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER. -1998 by the Workers' Compensation Insurance Rating Bureau of California. All rights reserved. From the WCIRB's California Workers' Compensation Insurance Forms Manual - 1999. INSURED COPY COMMERCIAL GENERAL LIABILITY CG20330704 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following' City of National City, its elected officials, officers, agents and employees. COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to include as an additional insured any person or or- ganization 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 addi- tional insured on your policy. Such person or or- ganization is an additional insured only with re- spect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are com- pleted. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to: 1. "Bodily injury', "property damage" or "personal and advertising injury' arising out of the render- ing of, or the failure to render, any professional architectural, engineering or surveying servic- es, including: a. The preparing, approving, or failing to pre- pare or approve, maps, shop drawings, opi- nions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. 2. "Bodily injury' or "property damage" occurring after: a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than ser- vice, maintenance or repairs) to be per- formed by or on behalf of the additional in- sured(s) 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 another contractor or subcontrac- tor engaged in performing operations for a principal as a part of the same project. SCHEDULE Name Of Additional Insured Person(s) The City of National City, its elected officials, officers, agents and employee Location And Description Of Completed Operations Project: Paradise Creek Educational Park. CIP 16-08 CG 20 33 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 0 POLICY NUMBER: GLP 3177219 COMMERCIAL GENERAL LIABILITY CG 20 37 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 SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations The City of National City, its elected officials, officers, agents and employees. Project: Paradise Creek Educational Park. CIP 16-08 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 dam- age" caused, in whole or in part, by "your work" at the location designated and described in the sched- ule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 ❑ COMMERCIAL AUTO 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 The City of National City, its elected officials, officers, agents and employees. ADDITIONAL INSUREDBY 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 s 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 RECOVERY AGAINST OTHERS TO US 20 P. SECTION II - LIABILITY COVERAGE is amended as follows: 1. CA 88 10 01 13 PROVISION NUMBER 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 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 (3) Only for the duration of that contract, agreement or permit 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 CA 88 10 01 13 © 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 III - PHYSICAL DAMAGE COVERAGE, is amend- ed to provide a limit of $50 per day and a maximum limit of $1,500 CA88100113 © 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 worn or carried by an insured." "Personal effects" does not include tools, equipment, jewelry, money or securities. 12. ACCIDENTAL AIRBAG DEPLOYMENT SECTION III - 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: CA 88 10 01 13 © 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 III - PHYSICAL DAMAGE COVERAGE is amended by adding the following: The most we will pay for a "total loss" to a covered "auto" owned by or leased to you in any 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", g. Security deposits not refunded by a lessor, 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, j. Loan or lease termination fees; or 2. The 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. CA 88 10 01 13 © 2013 Liberty Mutual Insurance Includes 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 loss 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. CA 88 10 01 13 © 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 © 2013 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 7 Named Insured: CS Legacy Construction, Inc. 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. 05/09) PRO (Page 1 of 1) Named Insured: CS Legacy Construction, Inc. Policy No.: GLP3177219 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. 1 1 /06) XS Named Insured: CS Legacy Construction, Inc. Policy No.: GLP3177219 CG 25 03 (Ed. 03 97) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(SI GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Projects: Any construction project where "you" are performing operations when "you" have agreed in writing in a contract or agreement that a separate General Aggregate Limit shall apply to such construction project, but only if "your work" on or at the construction project is performed during the period of this policy. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. For al) sums which the Insured becomes legally obligated to pay as damages caused by "occurrences" under COVERAGE A. (SECTION I), and for all medical expenses caused by accidents under COVERAGE C. (SECTION I), which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. A separate Designated Construction Project General Aggregate Limit applies to each designated construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A. except damages because of "bodily injury" or "property damage" included in the "products —completed operations hazard," and for medical expenses under Coverage C. regardless of the number of: a. insureds; b. claims made or "suits" brought; or c. persons or organizations making claims or bringing "suits." CG 25 03 (Ed. 03/97) PRO Copyright, Insurance Services Office, Inc., 1996 (Page 1 of 2) 3. Any payments made under Coverage A. for damages or under Coverage C. for medical expenses shall reduce the Designated Construction Project General Aggregate Limit for that designated construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Construction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Construction Project General Aggregate Limit. B. For all sums which the Insured becomes legally obligated to pay as damages caused by 'occurrences" under COVERAGE A. (SECTION I). and for all medical expenses caused by accidents under COVERAGE C. (SECTION I), which cannot be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 11. any payments made under Coverage A. for damages or under Coverage C. for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products —Completed Operations Aggregate Limit, whichever is applicable; and 2. such payments shall not reduce any Designated Construction Project General Aggregate Limit C. When coverage for liability arising out of the "products —completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the 'products —completed operations hazard" will reduce the Products —Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated Construction Project General Aggregate Limit. D. If the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E. The provisions of LIMITS OF INSURANCE (SECTION I11) not otherwise modified by this endorsement shall continue to apply as stipulated. Copyright, Insurance Services Office, Inc., 1996 CG 25 03 (Ed. 03/97) PRO (Page 2 of 2) RESOLUTION NO. 2016 — 147 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO C.S. LEGACY CONSTRUCTION, INC., IN THE NOT -TO -EXCEED AMOUNT OF $612,243 FOR THE PARADISE CREEK EDUCATIONAL PARK PROJECT, AUTHORIZING A 15% CONTINGENCY IN THE AMOUNT OF $91,836.45 FOR ANY UNFORESEEN CHANGES, AND AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT WHEREAS, the Paradise Creek Educational Park (the "Park") Project will expand the Park located behind Kimball Elementary School on West 19th Street, and include the removal of approximately 13,600 square feet of impervious pavement to install an educational native plant walk with interpretive signage, a community garden, new pathways and walking trails, a bioretention basin to treat off -site run-off, and park furnishings; and WHEREAS, on August 22, 2016, the Engineering Department, received six (6) electronic bids on PlanetBids for the Paradise Creek Educational Park Project; and WHEREAS, C.S. Legacy Construction, Inc., was the lowest responsive bidder qualified to perform the work as described in the project specifications with a total bid amount of $612,243; and WHEREAS, a 15% contingency amount up to $91,836.45 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 Paradise Creek Educational Park Project to the lowest responsive, responsible bidder, to wit: C.S. LEGACY CONSTRUCTION, 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 $612,243 with C.S. Legacy Construction, Inc., for the Paradise Creek Educational 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 $91,836.45 for any unforeseen changes to the Project. PASSED and ADOPTED this 20th day of Septem 016. orrison, Mayor ATTEST: PROVED ' TO FOR Michael R. Della, C t Clerk y dia Gacitu : Si v City Attorney Passed and adopted by the Council of the City of National City, California, on September 20, 2016 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 /� CI rk of the City y o IJational City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2016-147 of the City of National City, California, passed and adopted by the Council of said City on September 20, 2016. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 20, 2016 AGENDA ITEM NO. 7 ITEM TITLE: Resolution of the City Council of the City of National City, 1) awarding a contract to C.S. Legacy Construction, Inc. in the not -to -exceed amount of $612,243 for the Paradise Creek Educational Park Project, CIP No. 16-08; 2) authorizing a 15% contingency in the amount of $91,836.45 for any unforeseen changes; and 3) authorizing the Mayor to execute the contract. PREPARED BY: Jose Lopez, Junior Engineer - Civil PHONE: 619-336-4312 EXPLANATION: See attached. DEPARTMENT: Engineering/Public Works APPROVED BY: '1ANCIAL STATEMENT: ACCOUNT NO. 4. r APPROVED: . / ( Finance APPROVED: MIS 296-406-500-598-6191 (Prop 84 Grant — Paradise Creek Educational Park) — $562,243 001-409-500-598-7049 (Drainage Improvements) — $50,000 Funds are available in these accounts through prior City Council appropriations ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt Resolution awarding a contract to C.S. Legacy Construction, Inc. in the not -to -exceed amount of $612,243 for the Paradise Creek Educational Park Project, CIP No. 16-08. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Bid Opening Summary 3. Three Lowest Bidders Summary 4. Resolution EXPLANATION The project will expand Paradise Creek Educational Park, which is located on W. 19th Street behind Kimball Elementary School. Improvements include the removal of approximately 13,600 square feet of impervious pavement to install an educational native plant walk with interpretive signage, a community garden, new pathways and walking trails, a bioretention basin to treat off -site run-off, and park furnishings. On July 20, 2016, the bid solicitation was posted on PlanetBids, a free public electronic bidding system for contractors. On July 22, 2016 and July 29, 2016, the bid solicitation was advertised in local newspapers. On August 22, 2016, six (6) bids were received electronically on PlanetBids by the 10:00 a.m. deadline. Bid results were available immediately after the 10:00 a.m. deadline. Fordyce Construction, Inc. was the apparent lowest bidder with a total base bid plus additive bid amount of $756,976.50. Upon review of all documents submitted, Fordyce Construction, Inc.'s bid was deemed "non -responsive" due to bid irregularities. C.S. Legacy Construction, Inc. was the second lowest bidder with a total base bid plus additive bid amount of $777,288.00. Upon review of all documents submitted C.S. Legacy Construction, Inc.'s bid was deemed responsive, and they are the lowest responsible bidder qualified to perform the work as described in the project specifications. Therefore, staff recommends awarding a contract to C.S. Legacy Construction, Inc. in the not -to exceed amount of $612,243 which includes the following: • Combined Base Bid amount of $590,421 o Includes the general improvements, site improvements, landscaping, drainage improvements, and earthwork. • Additive Bid amount of $21,822 o Includes construction of a catch basin, chain link fence and two gates, and a driveway for staff access to provide regular maintenance to Paradise Creek. Staff also recommends authorizing a 15% contingency in the amount of $91,836.45 to address any unforeseen conditions that may arise. Attached are the bid opening summary sheet and a line item summary of the three lowest bidders for reference. -0—, CALIFORNIA 4-0- NATIO AL CITY INCORPORATED BID OPENING RESULTS NAME: PARADISE CREEK EDUCATIONAL PARK CIP NO: 16-08 DATE: Monday, August 22, 2016 TIME: 10:00 A.M. ESTIMATE: $620,500 PROJECT ENGINEER: Kuna Muthusamy, P.E. NO. BIDDER'S NAME Grand Total* ADDENDA BID SECURITY - BOND 1 Fordyce Construction, Inc. 9932 Prospect Ave #138 Santee, CA 92071 $756,976.50 (Non -Responsive) Yes Bond 2 C.S. Legacy Construction, Inc 1461 S East End Ave Pomona, CA 91766 $777,288.00 Yes Bond 3 Palm Engineering Construction Company, Inc. 7730 Opportunity Rd. #J San Diego, CA 92111 $798,093.00 Yes Bond 4 M.A. Stevens Construction, Inc. 125 E.17th Street National City, CA 91950 $833,182.29 Yes Bond 5 Just Construction, Inc. 3103 Market Street San Diego, CA 92102 $899,423.70 Yes Bond 6 Western Rim Constructors, Inc. 621 S Andreasen Drive, Suite B Escondido, CA 92029 $1,021,329.81 Yes Bond * If an additive, alternate or additive/alternate bid items are called for in the Contract Documents, the sum of the base bid and all additive, alternate and additive/alternate bids, if any, shall be used to determine the lowest responsive bid. -1- Bid Results for Paradise Creek Educational Park (CIP No. 16-08) Fordyce Construction, Inc. Non -Responsive C.S. Legacy Construction, Inc. PALM ENGINEERING CONSTRUCTION COMPANY, INC. Item No. Description p Unit Qty.Unit Price Extension (Quantityx Unit Price) Unit Price Extension (Quantity x Unit Price) Unit Price Extension (Quantity x Unit Price) Base Bid - General 1 Mobilization/Demobilization LS 1 $45,900.00 $45,900.00 $77,544.00 $77,544.00 $50,000.00 $50,000.00 2 Surveying and Construction Staking LS 1 $15,900.00 $15,900.00 $17,561.00 $17,561.00 $13,000.00 $13,000.00 3 Signing and Striping LS 1 $3,200.00 $3,200.00 $4,231.00 $4,231.00 $6,000.00 $6,000.00 4 Traffic Control LS 1 $3,700.00 $3,700.00 $6,656.00 $6,656.00 $30,000.00 $30,000.00 5 Clearing and Grubbing LS 1 $20,900.00 $20,900,00 $46,635.00 $46,635.00 $50,000.00 $50,000.00 6 Water Pollution Control LS 1 $17,600.00 $17,600.00 $8,591.00 $8,591.00 $15,000.00 $15,000.00 Subtotal $107,200.00 $161,218.00 $164,000.00 Base Bid - Site Improvements 7 Construct 4" PCC Sidewalk per SDRSD G-7, G-9, G-10, G-11 SF 965 $14.50 $13,992.50 $6.60 $6,369.00 $7.00 $6,755.00 8 Construct Curb Ramp (All Types) EACH 1 $5,100.00 $5,100.00 $2,261.00 $2,261.00 $3,500.00 $3,500.00 9 Construct 6" Curb per SDRSD G-1 LF 98 $48.50 $4,753.00 $22.00 $2,156.00 $40.00 $3,920.00 10 Construct 6" Curb and Gutter per SDRSD G- 2 LF 220 $40.00 $8,800.00 $30.00 $6,600.00 $30.00 $6,600.00 11 Furnish and Install Composite Bender Board LF 2447 $10.00 $24,470.00 $8.00 $19,576.00 $10.00 $24,470.00 12 Construct Asphalt Concrete Pavement TON 40 $280.00 $11,200.00 $266.00 $10,640.00 $240.00 $9,600.00 13 Construction Crushed Aggregate Base TON 110 $65.00 $7,150.00 $58.00 $6,380.00 $40.00 $4,400.00 14 Type II REAS, Plant Mix GAL 240 $26.00 $6,240.00 $70.50 $16,920.00 $10.00 $2,400,00 15 Furnish and Install Ornamental Fence LF 203 $126.00 $25,578.00 $193.00 $39,179.00 $140.00 $28,420.00 16 Furnish and Install Ornamental Fence Gate EACH 2 $3,100.00 $6,200.00 $1,792.00 $3,584.00 $2,200.00 $4,400.00 17 Contruct Chain Link Fence Double Gate EACH 1 $4,400.00 $4,400.00 $3,291.00 $3,291.00 $2,000.00 $2,000.00 18 Refurbish and Relocate Existing Bollard EACH 4 $2,000.00 $8,000.00 $419.00 $1,676.00 $800.00 $3,200.00 Pa Bid Results for Paradise Creek Educational Park (CIP No. 16-08) Fordyce Construction, Inc. Non -Responsive C.S. Legacy Construction, Inc. PALM ENGINEERING CONSTRUCTION COMPANY, 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) 19 Furnish and Install Picnic Tables EACH 2 $3,000.00 $6,000.00 $2,506.00 $5,012.00 $2,800.00 $5,600.00 20 Construct Seven (7) Planter Boxes LS 1 $7,300.00 $7,300.00 $8,210.00 $8,210.00 $28,000.00 $28,000.00 21 Furnish and Install Compost Bin EACH 1 $400.00 $400.00 $263.00 $263.00 $500.00 $ 500.00 22 Furnish and Install Stabilized Decomposed Granite (4" Depth) TON 100 $110.00 $11,000.00 $68.00 $6,800.00 $160.00 $16,000.00 23 Restore Existing Stabilized Decomposed Granite Paths (2" Depth) TON 25 $140.00 $3,500.00 $68.00 $1,700.00 $200.00 $5,000.00 24 Furnish and Install Shed EACH 1 $2,000.00 $2,000.00 $4,592.00 $4,592.00 $2,500.00 $2,500.00 25 Construct Outdoor Wash Bin with Greywater Infiltration System LS 1 $5,600.00 $5,600.00 $9,889.00 $9,889.00 $3,000.00 $3,000.00 26 Furnish and Install Storage Bin EACH 1 $300.00 $300.00 $230.00 $230.00 $600.00 $600.00 27 Furnish and Install Vertical Garden EACH 2 $800.00 $1,600.00 $1,035.00 $2,070.00 $1,800.00 $ 3, 600.00 28 Furnish and Install Chalk Board EACH 1 $800.00 $800.00 $487.00 $487.00 $800.00 $800.00 29 Furnish and Install Permeable Pavers SF 1410 $17.00 $23,970.00 $11.00 $15,510.00 $16.00 $22,560.00 30 Construct Raised Deck LS 1 $37,900.00 $37,900.00 $37,388.00 $37,388.00 $50,000.00 $50,000.00 31 Furnish and Install Shade Sail LS 1 $5,400.00 $5,400.00 $10,791.00 $10,791.00 $15,000.00 $15,000.00 32 Construct Shade Sail Supports EACH 3 $2,300.00 $6,900.00 $2,320.00 $6,960.00 $1,500.00 $4,500.00 33 Construct Concrete Header Curb LF 405 $30.00 $12,150.00 $24.00 $9,720.00 $28.00 $11,340.00 34 Furnish and Install Modified Curb Outlet Type A per SDRSD D-25 EACH 1 $14,300.00 $14,300.00 $8,323.00 $8,323.00 $2,500.00 $2,500.00 Subtotal $265,003.50 $246,577.00 $271,165.00 Base Bid - Landscaping 35 Landscaping LS 1 $97,000.00 $97,000.00 $41,360.00 $41,360.00 $60,000.00 $60,000.00 36 Landscape 6 month Maintenance Period $22,137.00 $6,000.00 $6,000.00 37 Irrigation . • .. $42,216.00 $27,000.00 $27,000.00 Subtotal $172,100.00 $105,713.00 $93,000.00 Page 2 Bid Results for Paradise Creek Educational Park (CIP No. 16-08) Fordyce Construction, Inc. Non -Responsive C.S. Legacy Construction, Inc. PALM ENGINEERING CONSTRUCTION COMPANY, INC. Item No.p Description Unit Qty.Unit Price Extension (Quantityx Unit Price) Unit Price Extension (Quantity x Unit Price) Unit Price Extension (Quantity x Unit Price) Base Bid - Drainage Improvements 38 Construct Vegetated Bioretention Basin with 4" Perforated Pipe SF 1200 $19.00 $22,800.00 $31.41 $37,692.00 $35.00 $42,000.00 39 Construct Bioswale SF 400 $21.00 $8,400.00 $29.57 $11,828.00 $33.00 $13,200.00 40 Construct Concrete Lug per SDRSD D-63 EACH 1 $900.00 $900.00 $3,515.00 $3,515.00 $1,000.00 $1,000.00 Subtotal $32,100.00 $53,035.00 $56,200.00 Base Bid - Earthwork 41 Unclassified Excavation LS 1 $38,300.00 $38,300.00 $12,578.00 $12,578.00 $30,000.00 $30,000.00 42 Removal, disposal, and replacement of unsuitable material CY 50 $80.00 $4,000.00 $226.00 $11,300.00 $1.00.00 $5,000.00 Subtotal $42,300.00 $23,878.00 $35,000.00 Additive Bid 43 Communications, Fiber, and Camera System LS 1 $5,700.00 $5,700.00 $57,341.00 $57,341.00 $61,000.00 $61,000.00 44 Lighting and Electrical LS 1 $96,400.00 $96,400.00 $107,704.00 $107,704.00 $100,000.00 $100,000.00 45 Construct Modified Catch Basin - Type F EACH 1 $23,700.00 $23,700.00 $13,023.00 $13,023.00 $12,000.00 $12,000.00 46 Furnish and Install 6' High Chain Link Swing Gate per SDRSD M-5 (L=7') EACH 1 $1,400.00 $1,400.00 $1,058.00 $1,058.00 $1,500.00 $1,500,00 47 Furnish and Install 6' High Chain Link Swing Gate per SDRSD M-5 (L=12') EACH 1 $2,300.00 $2,300.00 $1,881.00 $1,881.00 $2,400.00 $2,400.00 48 Furnish and Install 6' High Chain Link Fence per SDRSD M-6 LF 29 $57.00 $1,653.00 $196.00 $5,684.00 $52.00 $1,508.00 49 Construct Concerete Driveway per SDRSD G- 14B SF 16 $445.00 $7,120.00 $11.00 $176.00 $20.00 $320.00 Additive Bid Subtotal $138,273.00 $186,867.00 $178,728.00 Bid Results for Paradise Creek Educational Park (CIP No. 16-08) Fordyce Construction, Inc. Non -Responsive C.S. Legacy Construction, Inc. PALM ENGINEERING CONSTRUCTION COMPANY, 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) Summary of Award Base Bid Base Bid - General $107,200.00 $161,218.00 $164,000.00 Base Bid - Site Improvements $265,003.50 $246,577.00 $271,165.00 Base Bid - Landscaping $172,100.00 $105,713.00 $93,000.00 Base Bid - Drainage Improvements $32,100.00 $53,035.00 $56,200.00 Base Bid - Earthwork $42,300.00 $23,878.00 $35,000.00 Combined Base Bid $618,703.50 $590,421.00 $619,365.00 Combined Base Bid Awarded $618,703.50 $590,421.00 $619,365.00 Additive Bid n.;ommunications, Fiber, and Camera System $5,700.00 $57,341.00 $61,000.00 Lighting and Electrical $96,400.00 $107,704.00 $100,000.00 Construct Modified Catch Basin $23,700.00 $13,023.00 $12,000.00 Furnish and Install 6' High Chain Link Swing Gate $1,400.00 $1,058.00 $1,500.00 Furnish and Install 6' High Chain Link Swing Gate $2,300.00 $1,881.00 $2,400.00 Furnish and Install 6' High Chain Link Fence $1,653.00 $5,684.00 $1,508.00 Construct Concerete Driveway $7,120.00 $176.00 $320.00 Additive Bid Total $138,273.00 $186,867.00 $178,728.00 Additive Bid Awarded* $36,173.00 $21,822.00 $17,728.00 Grand Total (Combined Base Bid plus Additive Bid Total) $756,976.50 $777,288.00 $798,093.00 Grand Total Awarded (Combined Base Bid Awarded plus Additive Bid Total) $654,876.50 $612,243.00 $637,093.00 *Additive Bids Awarded include Additive Bid Line Item #'s 77, 78, 79, 80, 81 Page 4 RESOLUTION NO. 2016 — 147 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO C.S. LEGACY CONSTRUCTION, INC., IN THE NOT -TO -EXCEED AMOUNT OF $612,243 FOR THE PARADISE CREEK EDUCATIONAL PARK PROJECT, AUTHORIZING A 15% CONTINGENCY IN THE AMOUNT OF $91,836.45 FOR ANY UNFORESEEN CHANGES, AND AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT WHEREAS, the Paradise Creek Educational Park (the "Park") Project will expand the Park located behind Kimball Elementary School on West 19th Street, and include the removal of approximately 13,600 square feet of impervious pavement to install an educational native plant walk with interpretive signage, a community garden, new pathways and walking trails, a bioretention basin to treat off -site run-off, and park furnishings; and WHEREAS, on August 22, 2016, the Engineering Department, received six (6) electronic bids on PlanetBids for the Paradise Creek Educational Park Project; and WHEREAS, C.S. Legacy Construction, Inc., was the lowest responsive bidder qualified to perform the work as described in the project specifications with a total bid amount of $612,243; and WHEREAS, a 15% contingency amount up to $91,836.45 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 Paradise Creek Educational Park Project to the lowest responsive, responsible bidder, to wit: C.S. LEGACY CONSTRUCTION, 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 $612,243 with C.S. Legacy Construction, Inc., for the Paradise Creek Educational 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 $91,836.45 for any unforeseen changes to the Project. PASSED and ADOPTED this 20th day of September, 2016. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950-4397 619-336-4228 Michael R. Dalla, CMC - City Clerk C. S. LEGACY CONSTRUCTION Paradise Creek Educational Park Project Judy Hernandez (Engineering/Public Works) Forwarded Copy of Agreement to C. S. Legacy Construction