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HomeMy WebLinkAbout2016 CON Palm Engineering - Division Street Traffic CalmingOWNER - CONTRACTOR AGREEMENT DIVISION STREET TRAFFIC CALMING, CIP NO. 16-09 This Owner -Contractor Agreement ("Agreement") is made by and between the City of National City, 1243 National City Boulevard National City, California 91950 and Palm Engineering Construction Company, Inc. ("Contractor"), 7330 Opportunity Rd. #J, San Diego, CA 92111 on the 20th day of December, 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 of the provisions of this Section 15, above: (Initial) (Initial) 14. AGREEMENT MODIFICATION This Agreement and the Contract Documents may not be modified orally or in any manner other than by an amendment in writing and signed by the Owner and the Contractor. IN WITNESS WHEREOF this Agreement is executed as of the date first written above. Owner: Mayor, City of National City Attest: Contractor: PALM ENGINEERING CONSTRUCTION COMPANY, INC.; (Owner/Officer signature) n 4 osc J ' ,I,a-►ibazi, Pres'den± Print name and title City of APPROVED AS TO FORM: 7/) itzi> 853q 30 George H. Eiser, III Interim City Attorney State Contractor's License No. and Class National (Second officer signature if a corporation) gsc J SI hl zi, ?res;c4er(F Print name and title 4* 7 7 2c Contractor's City Business License No. S-tor Business street address City, State and Zip Code EXHIBIT A CONTRACT DOCUMENTS Owner/Contractor Agreement Bid Schedule Addenda Plans Special Provisions (Specifications) San Diego County Regional Standard Drawings City of National City Standard Drawings Standard Specifications for Public Works Construction and Regional Supplements (Greenbook) State Standard Specifications State Standard Plans California Building, Mechanical, Plumbing and Electrical Codes Permits issued by jurisdictional regulatory agencies Electric, gas, and communications companies specifications and standards Sweetwater Authority specifications and standards Specifications, standards and requirements of MTS, BNSF, SANDAG, Port of San Diego and all other agencies that may be adjacent and/or affected by the project. EXHIBIT B CONTRACT PRICE (NOTE - TO BE COMPLETED TO CONFORM WITH BID SCHEDULE ITEMS) CORPORATE CERTIFICATE / f )/ ) , certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that Contractor, was then , who signed said contract on behalf of the 1-1)/e i 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, Jo f )4,1 -1,; certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that 7 �..)?L / 5)(sJ frt - 1 2-, , who signed said contract on behalf of the Contractor, was then : CI;t1 E of said Corporation; that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers. Corporate Seal: STATE OF COUNTY OF PARTNERSHIP CERTIFICATE ) ss On this day of , 2016, before me, the undersigned, a Notary Public in and for said County and State, personally appeared: (Notary Seal) known to me to be of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. Signature: Name (Type or Print): My Commission expires: (Notary Public in and for said County and State) EXECUTED IN TRIPLICATE BOND NO. RCB0005509 PREMIUM: $12,888.00 PREMIUM IS FOR CONTRACT TERM AND IS SUBJECT TO ADJUSTMENT BASED ON FINAL CONTRACT PRICE PERFORMANCE BOND WHEREAS, the City Council of the City of National City, by Resolution No. 2016-207, passed the 20TH day of December, 2016 has awarded to Palm Engineering Construction COMPANY, INC., hereinafter designated as the "Principal", the DIVISION STREET TRAFFIC CALMING, CIP No. 16-09. WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract. NOW, THEREFORE, we, the Principal and CONTRACTORS BONDING AND INSURANCE COMPANY as surety, are held and firmly bound unto the City Council of the City of National City, hereinafter called the "Council", in the penal sum of NINE HUNDRED EIGHTY THREE THOUSAND, SEVEN HUNDRED FIFTY SIX DOLLARS AND 49 CENTS ($983,756.49) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the above bounden Principal, his/her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said contract any alteration thereof made as therein provides, on his or their part, to be kept and performed at the time and in the amount therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of National City, the City Council, their officers, agents, and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed herein or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or additions to the terms of the contract or to the work or to the specifications. In the event suit is brought upon this bond by the City of National City and judgment is recovered, the surety shall pay all costs incurred by the Council in such suit, including a reasonable attorney's fee to be fixed by the Court. IN WITNESS WHEREOF three identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the 17TH day of JANUARY, 2017 )QOUX CONTRACTORS BONDING AND PALM ENGINEERING CONSTRUCTION INSURANCE�COMPANY (SEAL) COMPANY, INC. /� (SEAL) BY: ! %�i0 . C 41C4 (SEAL) BY: _-(SEAL) MARK D. IATAROLA, ATTORNEY -IN -FACT (SEAL) RASOUL SHAHBAZI, PRESIDENT (SEAL) Surety Principal PERFORMANCE BOND ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF ) ) ss COUNTY OF ) 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 instrument, and acknowledged to me that he subscribed the name of said corporation thereto as Surety, and his own name as attorney -in -fact. NOTE: Signature of those executing for Surety must be properly acknowledged. NOTE: The Attorney -in -fact must attach a certified copy of the Power of Attorney. Signature: Name (Type or Print): Notary Public in and for said County and State My Commission expires: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of SAN DIEGO On 1/17/2017 before me, SANDRA FIGUEROA, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared MARK D. IATAROLA Name(e) of Signer(s) 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/3hc/thcy executed the same in his/her/their authorized capacity(ies), and that by his/her/thoi+ 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. �,,.�..,. SANDRA FIGUEROA 1 r Z -�:: - k- ; M SAN DIEGO COUNTY COMM. # 2162642 1 < NOTARY PUBLIC-CALIFORNIA[ "'u' MY COMMISSIGN EXPIRES' AUGUST 14, 2020 Place Notary Seal Above WITNESS my hand and official seal. Signature 4S ow-.c ,e,Ve/eit.A-eAr—e-,L_ Signature N taryPublisic OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: MARK D. IATAROLA ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ® Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator E Other: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 RLF cbic an RLI Company 9025 N. Lindbergh Dr. I Peoria, IL 61615 Phone: (800)645-2402 I Fax: (309)689-2036 Know All Men by These Presents: POWER OF ATTORNEY RLI Insurance Company Contractors Bonding and Insurance Company That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That this Power of Attorney may be effective and given to either or both of RLI Insurance Company and Contractors Bonding and Insurance Company, required for the applicable bond. That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each Illinois corporations (as applicable), each authorized and licensed to do business in all states and the District of Columbia do hereby make, constitute and appoint: Mark D. Iatarola, Michelle M. Basuil, John Maloney, Helen Maloney, Jisselle Marie Sanchez, jointly or severally in the City of Escondido , State of California , as Attorney in Fact, with full power and authority hereby conferred upon him/her to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds, undertakings, and recognizances in an amount not to exceed Ten Million Dollars ( $10,000,000.00 ) for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. RLI Insurance Company and Contractors Bonding and Insurance Company, as applicable, have each further certified that the following is a true and exact copy of the Resolution adopted by the Board of Directors of each such corporation, and now in force, to -wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation shall be executed in the corporate name of the Corporation by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Corporation. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation. The signature of any such officer and the corporate seal may be printed by facsimile or other electronic image." IN WITNESS WHEREOF, RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have caused these presents to be executed by its respective Vice President with its corporate seal affixed this 22nd day of November, 2016. State of Illinois } SS County of Peoria On this 22nd day of November 2016 , before me, a Notary Public, personally appeared Barton W. Davis who being by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the RLI Insurance Company and/or Contractors Bonding and Insurance Company, and acknowledged said instrument to be the voluntary act and deed of said corporation. Jacqubline M. Bockler] Notary Public "OFFICIAL SEAL" NOTARY RuauO JACQUELINE M. BOCKLER STATE OF ut�N�) COMMISSION EXPIRES 01/14/18 mVVVYYVVnVVVIVI yyyf RLI Insurance Company Contractors Bonding and Insurance Company ri Barton W. Davis Vice President CERTIFICATE I, the undersigned officer of RLI Insurance Company, and/or Contractors Bonding and Insurance Company, each Illinois corporations, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seal of the RLI Insurance Com anyy_� and/or Contractors Bonding and Insurance Company this 1 /THday of JANUARY 2017 . RLI Insurance Company Contractors on ing and Ins rance Company 7,1 Barton W. Davis Vice President 0456693020212 A0059115 EXECUTED IN TRIPLICATE BOND NO. RCB0005509 PREMIUM INCLUDED IN PERFORMANCE BOND PAYMENT BOND WHEREAS, the City Council of the City of National City, by Resolution No. 2016-207, passed the 20th day of December, 2016 has awarded Palm Engineering Construction Company, Inc., hereinafter designated as the "Principal", the DIVISION STREET TRAFFIC CALMING, CIP NO. 16-09. WHEREAS, said Principal is required by Chapter 5 (commencing at Section 3225) and Chapter 7 (commencing at Section 3247), Title 15, Part 4, Division 3 of the California Civil Code to furnish a bond in connection with said contract; NOW, THEREFORE, we, the Principal and CONTRACTORS BONDING AND INSURANCE COMPANY as surety, are held and firmly bound unto the City Council of the City of National City, hereinafter called the "Council", in the penal sum of NINE HUNDRED EIGHTY THREE THOUSAND, SEVEN HUNDRED FIFTY SIX DOLLARS AND 49 CENTS ($983,756.49 lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his/her or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay any of the persons named in Section 3181 of the California Civil Code, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the Contractor and his subcontractors pursuant to Section 18806 of the Revenue and Taxation Code, with respect to such work and labor the Surety will pay for the same in an amount not exceeding the sum hereinafter specified, and also, in case suit is brought upon this bond, a reasonable attorney's fee, to be fixed by the Court. This Bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code, so as to give a right of action to such persons or their assigns in any suit brought upon this bond. It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement hereinabove described or pertaining or relating to the furnishing of labor, materials, or equipment therefore, not by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement hereinabove described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner of Public Entity and original contractor or on the part of any obliges named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 3110 or 3112 of the California Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned. IN WITNESS WHEREOF three identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the 17TH day of JANUARY, 2017 X C CONTRACTORS BONDING AND INSURANCE COMPANY BY:�/D, MARK D. IATAROLA, ATTORNEY -IN -FACT Surety PALM ENGINEERING CONSTRUCTION (SEAL) COMPANY, INC. (SEAL) BY: (SEAL) RASOUL SHAHBAZI, PRESIDENT Principal (SEAL) (SEAL) (SEAL) ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF ) ) ss COUNTY OF ) 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 instrument, and acknowledged to me that he subscribed the name of said corporation thereto as Surety, and his own name as attorney -in -fact. NOTE: Signature of those executing for Surety must be properly acknowledged. NOTE: The Attorney -in -fact must attach a certified copy of the Power of Attorney. Signature: Name (Type or Print): (Notary Public in and for said County and State) My Commission expires: ATTACH ALL BONDS CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of SAN DIEGO On 1/17/2017 before me, SANDRA FIGUEROA, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared MARK D. IATAROLA Name() of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/arc subscribed to the within instrument and acknowledged to me that he/shc/thcy executed the same in his/-Pref4heir authorized capacity(+ee), and that by his/hor/thcir signature(e) on the instrument the person(s), or the entity upon behalf of which the person() acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. SANDRA FIGUEROA COMM. # 2162642 SAN DIEGO COUNTY NOTARY PUBLIC-CALIFORNIA2 MY COMMISSION EXPIRES hUGUST t4, 2020 1 Place Notary Seal Above WITNESS my hand and official seal. Signature OPTIONAL ✓ u Sre f Atatylc Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: MARK D. IATAROLA ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ® Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 RLI'diic an RLI Company 9025 N. Lindbergh Dr. I Peoria, IL 61615 Phone: (800)645-2402 I Fax: (309)689-2036 Know All Men by These Presents: POWER OF ATTORNEY RLI Insurance Company Contractors Bonding and Insurance Company That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That this Power of Attorney may be effective and given to either or both of RLI Insurance Company and Contractors Bonding and Insurance Company, required for the applicable bond. That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each Illinois corporations (as applicable), each authorized and licensed to do business in all states and the District of Columbia do hereby make, constitute and appoint: Mark D. Iatarola, Michelle M. Basuil, John Maloney, Helen Maloney, Jisselle Marie Sanchez, jointly or severally in the City of Escondido , State of California , as Attorney in Fact, with full power and authority hereby conferred upon him/her to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds, undertakings, and recognizances in an amount not to exceed Ten Million Dollars ( $10,000,000.00 ) for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. RLI Insurance Company and Contractors Bonding and Insurance Company, as applicable, have each further certified that the following is a true and exact copy of the Resolution adopted by the Board of Directors of each such corporation, and now in force, to -wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation shall be executed in the corporate name of the Corporation by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Corporation. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation. The signature of any such officer and the corporate seal may be printed by facsimile or other electronic image." IN WITNESS WHEREOF, RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have caused these presents to be executed by its respective Vice President with its corporate seal affixed this 22nd day of November, 2016. State of Illinois County of Peoria }ss �uiG AND.pS ,h, `,J`JPpNCE c, 011111111//10, 0 G9 tid.. GOpP ORgI0'▪ •ci OR410"y_. y=. SEAL•. �a • SEAL '4.IINo�s• tCINON, On this 22nd day of November 2016 before me, a Notary Public, personally appeared Barton W, Davis who being by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the RLI Insurance Company and/or Contractors Bonding and Insurance Company, and acknowledged said instrument to be the voluntary act and deed of said corporation. 2i, O./a., Jacqu ne M. Bockler Notary Public "OFFICIAL SEAL" NOTARY Z Rueuc F JACQUELINE M. ROCKIER STATE OF, tu�®i COMMISSION EXPIRES 01/14118 tnynny.n, RLI Insurance Company Contractors Bonding and Insurance Company Barton W. Davis Vice President CERTIFICATE I, the undersigned officer of RLI Insurance Company, and/or Contractors Bonding and Insurance Company, each Illinois corporations, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seal of the RLI Insurance Companyand/or Contractors Bonding and Insurance Company thisl / Tday of JANUARY 2017 • RLI Insurance Company Contractors on ing and Ins rance Company Barton W. Davis 0456693020212 Vice President A0059115 Bid Results for Project Division Street Traffic Calming (CIP No. 16-09) Issued on 11/01/2016 Bid Due on November 22, 2016 1:00 PM (Pacific) Company Name Address Address 2 City State ZipCode Country PALM ENGINEERING CONSTRUCTION COMPANY INC 7330 Opportuinity Road, Suite J SD CA 92111 United States Respondee Respondee Title Phone Respondee Email Rasoul (Ross) Shahbazi President 619-291-1495 ross@palmengineeringco.com Item No. Section Item Code Description Unit Qty. Unit Price Line Total 1 Base Bid Mobilization/Demobilization EA 1 $30,000.00 $30,000.00 2 Base Bid Clearing and Grubbing LS 1 $20,000.00 $20,000.00 3 Base Bid Water Pollution Control EA 1 $10,000.00 $10,000.00 4 Base Bid Traffic and Pedestrian Control EA 1 $20,000.00 $20,000.00 5 Base Bid Unclassified Excavation LS 1 $20,000.00 $ 20,000.00 6 Base Bid Removal, Disposal and Replacement Of Unsuitable Subgrade TON 500 $50.00 $25,000.00 7 Base Bid Curb Ramp Type A EA 1 $3,000.00 $3,000.00 8 Base Bid Curb Ramp Type B EA 1 $3,000.00 $3,000.00 9 Base Bid Curb Ramp Type C EA 10 $3,000.00 $30,000.00 10 Base Bid Curb Ramp Type D EA 2 $2,200.00 $4,400.00 11 Base Bid Concrete Sidewalk - Remove and Replace SF 1836 $15.00 $27,540.00 12 Base Bid Grind Existing Concrete Pavement LF 109 $15.00 $1,635.00 13 Base Bid Curb and Gutter Replacement at S Avenue LF 22 $60.00 $1,320.00 14 Base Bid Sidewalk Underdrain west of Laurel Avenue LS 1 $3,500.00 $3,500.00 15 Base Bid Concrete Driveway - Remove and Replace EA 1 $2,800.00 $2,800.00 16 Base Bid Reset Pullbox to Grade EA 1 $350.00 $350.00 17 Base Bid Replace Pullbox EA 1 $600.00 $600.00 18 Base Bid Adjust to Grade Steel Valve Cover and Frame EA 47 $250.00 $11,750.00 19 Base Bid Adjust to Grade Steel Manhole Cover and Frame EA 27 $300.00 $8,100.00 20 Base Bid Pavement Dig Out Areas (Excavation) CY 1156 $50.00 $57,800.00 21 Base Bid Pavement Dig Out Areas ( Install 12" base) TON 1487 $40.00 $59,480.00 22 Base Bid Pavement Dig Out Areas (Install 5" asphalt concrete) TON 680 $125.00 $85,000.00 23 Base Bid Pavement Reinforcement Fabric (Mirafi SF 22037 $0.70 $15,425.90 24 Base Bid Asphalt Concrete TON 2511 $95.60 $240,051.60 25 Base Bid Pavement Reinforcement Fabric (Glass Pave SF 168669 $0.42 $70,840.98 26 Base Bid Cold Mill Existing Asphalt Concrete (Maximum Depth = 1") SF 58974 $0.24 $14,153.76 27 Base Bid Modified Type E Loop Detector EA 37 $406.25 $15,031.25 28 Base Bid Type E Loop Detector EA 72 $375.00 $27,000.00 29 Base Bid Modified Type Q (4'x6') loop Detector EA 7 $375.00 $2,625.00 30 Base Bid Gravity Wall LF 20 $150.00 $3,000.00 31 Base Bid Bus Pad (60'x10'x9")PCC SF 4800 $11.00 $52,800.00 32 Base Bid Bus Pad (60'x10'x9") Concrete Treated Base CY 133 $80.00 $10,640.00 33 Base Bid Slurry Seal (Type 2) SY 13515 $3.75 $50,681.25 34 Base Bid Cross Gutter Remove and Replace EA 1 $3,200.00 $3,200.00 35 Base Bid Signing and Striping LS 1 $41,950.00 $41,950.00 36 Base Bid Field Orders Allow. 1 $5,000.00 $5,000.00 Subtotal $977,674.74 37 Alternate Bid A Rubber Polymer Modified Slurry (RPMS), Type SY 13515 $3.90 $52,708.50 Subtotal $52,708.50 38 Alternate Bid B Rubberized Emulsion Aggregate Slurry (REAS), Type II SY 13515 $4.20 $56,763.00 Subtotal $56,763.00 Total $1,087,146.24 Summary of Award Base Bid $977,674.74 Eliminate Line Item 33 - Slurry Seal (Type 2) ($50,681.25) Alternate Bid B $56,763.00 Grand Total Awarded $983,756.49 PALMENG-01 CRYAN '4�R�n CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY) 02/13/2017 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 have ADDITIONAL INSURED provisions or 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 Teague Insurance Agency, Inc. 4700 Spring St., #400 La Mesa, CA 91942 CONTACT Andrea McCowan NAME: PHONE FAX (A/c, No, Ext): (619) 668-2368 (A/c, No): ADDRESS: amccowan@teagueins.com INSURER(S) AFFORDING COVERAGE NAIC # INSURERA :James River Insurance Company INSURED Palm Engineering Construction, Inc. 7330 Opportunity Road, Suite J San Diego, CA 92111 INSURER B : American Fire & Casualty 24066 INSURER c : Continental Casualty Company 20443 INSURER D : Benchmark Insurance Company INSURER E : INSURER F : COVERAGES 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 POLIC ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MMIDDIYYYYI POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY X X 00072610-0 07/01/2016 07/01/2017 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR PREM SESO(Ea occu ence) $ 50,000 MED EXP (Any one person) $ 1,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE POLICY OTHER: X LIMIT APPLIES JECT PER: LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OPAGG $ 2,000,000 $ B AUTOMOBILE X LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED SCHEDULED AUTOS NON -OWNED AUTOS ONLY X BAA56378022 02/23/2016 02/23/2017 COMBINED SINGLE LIMIT (Ea accident) 1,000,000 $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ C X UMBRELLA LIAR EXCESS LIAB X O OCCUR CLAIMS -MADE 5094194112 07/01/2016 07/01/2017 EACH OCCURRENCE $ 4,000,000 AGGREGATE $ 4,000,000 DED X RETENTION $ 0 $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N Y N / A X CST5009027 11/01/2016 11/01/2017 X PER STATUTE OTH- ER E.L. EACH ACCIDENT 1,000,000 $ E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT 1,000,000 $ DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Division Street Traffic Calming, CIP No. 16-09 City of National City, its elected officials, officers, employees, agents, representatives, consultants, contract employees and volunteers are included as additional insured, when required by written contract, for ongoing and completed operations, with primary and non-contributory wording and waiver of subrogation, with respects to the general liability; included as additional insured with respects to Auto Liability; waiver of subrogation applies to Worker's Compensation, all per attached forms. CERTIFICATE HOLDER CANCELLATION City of National City c/o Risk Manager 1243 National City Boulevard National City, CA 91950 ACORD 25 (2016/03) 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 © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Policy Number: 00072610-0 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON CONTRIBUTORY ENDORSEMENT This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS Name Of Additional Insured Person(s) Or Organization(s): The City of National City and its elected officials, officers, employees, agents, representatives, consultants, contract employees and volunteers If no entry appears above, this endorsement applies to all Additional Insureds covered under this policy. Any coverage provided to an Additional Insured under this policy shall be excess over any other valid and collectible insurance available to such Additional Insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement specifically requires that this insurance apply on a primary and noncontributory basis. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. AP5031 US 04-10 Page 1 of 1 POLICY NUMBER: 00072610-0 COMMERCIAL GENERAL LIABILITY CG20100704 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): The City of National City and its elected officials, officers, employees, agents, representatives, consultants, contract employees and volunteers 1243 National City Boulevard National City, CA 91950 Location(s) Of Covered Operations Installation of Rubberized Emulsion Aggregate Slurry Type II, Traffic Loops, ADA curb ramps, and Striping at Division Street (in National City) from the intersection of Highland Avenue to Euclid Ave- nue Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. 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", "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(s) at the location(s) desig- nated above. CG 20 10 07 04 B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization oth- er than another contractor or subcontractor engaged in performing operations for a princi- pal as a part of the same project. © ISO Properties, Inc., 2004 Page 1 of 1 0 POLICY NUMBER: 00072610-0 COMMERCIAL GENERAL LIABILITY CG20370704 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): The City of National City and its elected officials, officers, employees, agents, representatives, consultants, contract employees and volunteers 1243 National City Boulevard National City, CA 91950 Location And Description Of Completed Opera- tions Installation of Rubberized Emulsion Aggregate Slurry Type II, Traffic Loops, ADA curb ramps, and Striping at Division Street (in National City) from the intersection of Highland Avenue to Euclid Avenue Information required to complete this Schedule, if not shown above, will be shown in the Declarations. CG20370704 Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organiza- tion(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location desig- nated and described in the schedule of this endorse- ment performed for that additional insured and included in the "products -completed operations hazard". © ISO Properties, Inc., 2004 Page 1 of 1 0 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CA 20 48 02 99 DESIGNATED INSURED ENDORSEMENT The endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the WHO IS AN IN- SURED provision of the Coverage Form. This endorsement does not alter coverage provided in the Cov- erage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective 02/08/2017 Policy Number BAA56378022 Named Insured Palm Engineering Construction, Inc l% Countersigned by (Authorized Representative) SCHEDULE Name of Person(s) or Organization(s) The City of National City and its elected officials, officers, employees, agents, representatives, consultants, contract employees and volunteers (If no entry appears above, information required to complete this endorsement will be shown in the Declara- tions as applicable to this endorsement.) Each person or organization shown in the Schedule is an "insured" for LIABILITY COVERAGE, but only to the extent that person or organization qualifies as an "insured" under the WHO IS AN INSURED provision contained in SECTION II of the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 POLICY NUMBER: 00072610-0 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Where required by written contract or written agreement 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. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 ❑ WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 3 % of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description City of National City 1243 National City Boulevard National City, CA 91950 Installation of Rubberized Emulsion Aggreagte Slurry Type II, Traffic Loops, ADA curb ramps, and Striping Division Street (in National City) from the intersection of Highland Avenue to Euclid Avenue This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 01/30/2017 Coverage Dates: 11/01/2016 - 11/01/2017 Insured Palm Engineering Construction Co Inc Policy No. CST5009027 Endorsement No. 3 Premium $ 100.00 Carrier Name / Code: Benchmark Insurance Company A —` WC 04 03 06 ��-.r— (Ed. 4-84) Countersigned by ©1998 by the Worker's Insurance Rating Bureau of California. All rights reserved. SURETY RIDER EXECUTED IN TRIPLICATE To be attached to and form a part of Bond No. RCB0005509 Type of Bond: PERFORMANCE/PAYMENT AMOUNT : NINE HUNDRED EIGHTY THREE THOUSAND SEVEN HUNDRED FIFTY SIX AND 49/100 DOLLARS ($983,756.49) ISSUE DATE: JANUARY 17, 2017 (MONTH -DAY -YEAR) executed by PALM ENGINEERING CONSTRUCTION COMPANY, INC. , as Principal, (PRINCIPAL) and by CONTRACTORS BONDING AND INSURANCE COMPANY , as Surety, in favor of CITY OF NATIONAL CITY (OBLIGEE) in consideration of the mutual agreements herein contained the Principal and the Surety hereby consent to changing: THE PREMIUM IS CORRECTED ON THE PERFORMANCE BOND: FROM: $12,888.00 TO: $13,338.00 Nothing herein contained shall vary, alter or extend any provision or condition of this bond except as herein expressly stated. This rider is effective JANUARY 17, 2017 (MONTH -DAY -YEAR) Signed and Sealed FEBRUARY 1, 2017 (MONTH -DAY -YEAR) BY: PALM ENGINEER G CONSTRUCTION COMPANY, INC. (PRINCIPAL) z (PRINCIPAL) SOUL SHAHBAZI, PRESIDENT CONTRACTORS BONDING AND INSURANCE COMPANY (Surety) BY: MARK D. IATA OLA, ATTORNEY -IN -FACT CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of SAN DIEGO On 2/1/2017 before me, SANDRA FIGUEROA, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared MARK D. IATAROLA Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name*) is/aro subscribed to the within instrument and acknowledged to me that he/shc/thcy executed the same in his/hcr/thcir authorized capacity(ies), and that by his/hor/thoir signature(s) on the instrument the person(e), or the entity upon behalf of which the person(&) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. SANDRA FIGUEROA COMM. # 2162642 SAN DIEGO COUNTY NOTARY PUBLIC-CALIFORNIA2 MY COMMISSION EXPIRES AUGUST 14, 2020 Place Notary Seal Above WITNESS my hand and official seal. Signature A OPTIONAL Signature of of ry Public Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: MARK D. IATAROLA ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General E Individual ®Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General El Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 RLI® Cie an RLI Company 9025 N. Lindbergh Dr. I Peoria, IL 61615 Phone: (800)645-2402 I Fax: (309)689-2036 POWER OF ATTORNEY RLI Insurance Company Contractors Bonding and Insurance Company Know All Men by These Presents: That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That this Power of Attorney may be effective and given to either or both of RLI Insurance Company and Contractors Bonding and Insurance Company, required for the applicable bond. That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each Illinois corporations (as applicable), each authorized and licensed to do business in all states and the District of Columbia do hereby make, constitute and appoint: Mark D. Iatarola, Michelle M. Basuil, John Maloney, Helen Maloney, Jisselle Marie Sanchez, jointly or severally in the City of Escondido , State of California , as Attorney in Fact, with full power and authority hereby conferred upon him/her to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds, undertakings, and recognizances in an amount not to exceed Ten Million Dollars ( $10,000,000.00 ) for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. RLI Insurance Company and Contractors Bonding and Insurance Company, as applicable, have each further certified that the following is a true and exact copy of the Resolution adopted by the Board of Directors of each such corporation, and now in force, to -wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation shall be executed in the corporate name of the Corporation by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Corporation. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation. The signature of any such officer and the corporate seal may be printed by facsimile or other electronic image." IN WITNESS WHEREOF, RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have caused these presents to be executed by its respective Vice President with its corporate seal affixed this 22nd day of November, 2016. State of Illinois } SS County of Peoria ; ....c CO .'ts �. OR4 • •te'. SEAL On this 22nd day of November 2016 , before me, a Notary Public, personally appeared Barton W. Davis who being by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the RLI Insurance Company and/or Contractors Bonding and Insurance Company, and acknowledged said instrument to be the voluntary act and deed of said corporation. "OFFICIAL SEAL' �NOTARY STAT oFI JACQUELINE M. BOCKLER «<I� 70 COMMISSION EXPIRES 01/14/18 ryvvvvvvvvvvvvvvvrirvmrry RLI Insurance Company Contractors Bonding and Insurance Company • Barton W. Davis Vice President CERTIFICATE I, the undersigned officer of RLI Insurance Company, and/or Contractors Bonding and Insurance Company, each Illinois corporations, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seal of the RLI Insurance Company and/or Contractors Bonding and Insurance Company this 1ST day ofF'ERRUTAR,Y 2017. RLI Insurance Company Contractors on ing and Ins ranee Company Barton W. Davis 0456693020212 Ai. Vice President A0059115 total bid amount of $983,756.49; and RESOLUTION NO. 2016 — 207 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO PALM ENGINEERING CONSTRUCTION COMPANY, INC., IN THE NOT -TO -EXCEED AMOUNT OF $983,756.49 FOR THE DIVISION STREET TRAFFIC CALMING PROJECT, AUTHORIZING A 15% CONTINGENCY IN THE AMOUNT OF $147,563.47 FOR ANY UNFORESEEN CHANGES, AND AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT WHEREAS, the Division Street Traffic Calming Project includes traffic calming, pedestrian, bicycle, and Safe Routes to School enhancements on Division Street between Highland Avenue and Euclid Avenue; and WHEREAS, on November 22, 2016, the Engineering Department, publicly opened, examined, and declared four (4) sealed bids for the Division Street Traffic Calming Project; and WHEREAS, Palm Engineering Construction Company, Inc., was the lowest responsive bidder qualified to perform the work as described in the project specifications with a WHEREAS, a 15% contingency amount up to $147,563.47 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 Division Street Traffic Calming Project to the lowest responsive, responsible bidder, to wit: PALM ENGINEERING CONSTRUCTION COMPANY, INC. BE IT FURTHER RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute a contract in the amount of $983,756.49 with Palm Engineering Construction Company, Inc., for the Division Street Traffic Calming 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 $147,563.47 for any unforeseen changes to the Project. PASSED and ADOPTED this 20th day of December, 20 6. ATTEST: /� N is ael R. Ila M ,City Clerk Ron Morrison, Mayor APPROVED AS TO FORM: /7), Vezt:/ti- George H. Eiser, III Interim City Attorney Passed and adopted by the Council of the City of National City, California, on December 20, 2016 by the following vote, to -wit: Ayes: Councilmembers Cano, Mendivil, Morrison, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California /J City iA Jerk of the City of N ational City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2016-207 of the City of National City, California, passed and adopted by the Council of said City on December 20, 2016. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: December 20, 2016 AGENDA ITEM NO. 7 'TEM TITLE: Resolution of the City Council of the City of National City, 1) awarding a contract to Palm Engineering Construction Company, Inc. in the not -to -exceed amount of $983,756.49 for the Division Street Traffic Calming Project, CIP No. 16-09; 2) authorizing a 15% contingency in the amount of $147,563.47 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: e twaANCIAL STATEMENT: APPROVED: ACCOUNT NO, APPROVED: Contract Award (funds available through prior City Council appropriations) 296-409-500-598-6571 (Division Street Traffic Calming): $750,000.00 001-409-500-598-6035 (Street Resurfacing): $233,756.49 15% Contingency (funds available through prior City Council appropriations) 001-409-500-598-6035 (Street Resurfacing): $147,563.47 ENVIRONMENTAL REVIEW: CEQA Notice of Exemption for the project was filed with San Diego County Recorder's Office in June 2016. Lie Finance MIS ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt Resolution awarding a contract to Palm Engineering Construction Company, Inc. in the not -to -exceed amount of $983,756.49 for the Division Street Traffic Calming Project, CIP No. 16-09. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Bid Opening Summary 3. Three Lowest Bidders Summary 4. Resolution ao.c- aol EXPLANATION The general scope of work for the Division Street Traffic Calming Project, CIP No. 16- 09, includes traffic calming, pedestrian, bicycle and Safe Routes to School enhancements on Division Street between Highland Avenue and Euclid Avenue. Improvements include high intensity signing and striping; pedestrian curb ramps for ADA compliance; new buffered bike lanes with signage; and traffic calming measures such as a "road diet" converting four travel lanes to three travel lanes (two westbound and one eastbound) with a two-way left -turn center lane, buffered bike lanes and on -street parking. On November 1, 2016, the bid solicitation was posted on PlanetBids, a free public electronic bidding system for contractors. On November 3, 2016 and November 10, 2016, the bid solicitation was advertised in local newspapers. On November 22, 2016, four (4) bids were received electronically on PlanetBids by the 1:00 p.m. deadline. Bid results were available immediately after the 1:00 p.m. deadline. Palm Engineering Construction Company, Inc. was the apparent lowest bidder with a total bid amount of $1,087,146.24 as the basis of award. Upon review of all documents submitted, Palm Engineering Construction Company, 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 Palm Engineering Construction Company, Inc. in the not -to -exceed amount of $983,756.49, which includes the following: • Base Bid amount of $926,993.49 o Includes the general improvements and roadway rehabilitation between Highland Avenue and Palm Avenue • Alternate Bid `B' — REAS Type II Slurry amount of $56,763.00 o Includes high quality slurry seal product to be applied between Palm Avenue and Euclid Avenue By awarding Alternate Bid 'B', Base Bid Line Item No. 33 — Slurry Seal in the amount of $50,681.25 will be eliminated, as well as Alternate Bid `A' — RPMS Type II Slurry in the amount of $52,708.50. These adjustments are reflected in the recommended contract award amount of 983,756.49. Staff also recommends authorizing a 15% contingency in the amount of $147,563.47 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. Construction is estimated to be completed by June 2017. N f ITT Cf1RPORATED BID OPENING RESULTS NAME: DIVISION STREET TRAFFIC CALMING CIP NO: 16-09 DATE: Tuesday, November 22, 2016 TIME: 1:00 P.M. ESTIMATE: $900,000 PROJECT ENGINEER: Kuna Muthusamy, P.E. NO. BIDDER'S NAME Grand Total* ADDEND A BID SECURITY 1 Palm Engineering Construction Company, Inc. 7330 Opportunity Rd #J San Diego, CA 92111 $1,087,146.24 N/A Bond 2 Portillo Concrete, Inc. 3527 Citrus St. Lemon Grove, CA 91945 $1,154,874.55 N/A Bond 3 LB Civil Construction, Inc. 324 East Valley Parkway Escondido, CA 92025 $1,388,936.20 N/A Bond 4 Just Construction, Inc. 3103 Market Street San Diego, CA 92102 $1,098,604,796.70** N/A 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. **Grand total reflects contractor's proposal verbatim as submitted to Planet Bids. -1- Bid Results for Division Street Traffic Calming (CIP No. 16-09) PALM ENGINEERING CONSTRUCTION COMPANY, INC. PORTILLO CONCRETE, INC. LB Civil Construction, Inc. Item No. Description Unit Qty. Unit Price Extension (Quantity x Unit Price) Unit Price Extension (Quantity x Unit Price) Unit Price Extension (Quantity x Unit Price) Base Bid 1 Mobilization/Demobilization EA 1 $30,000.00 $30,000.00 $30,000.00 $30,000.00 $100,000.00 $100,000.00 2 Clearing and Grubbing LS 1 $20,000.00 $20,000.00. $20,000.00 $20,000.00 $5,000.00 $5,000.00 3 Water Pollution Control EA 1 $10,000.00 $10,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 4 Traffic and Pedestrian Control EA 1 $20,000.00 $20,000.00 $20,000.00 $20,000.00 $50,000.00 $50,000.00 5 Unclassified Excavation LS 1 $20,000.00 $20,000.00 $20,000.00 $20,000.00 $10,000.00 $10,000.00 6 Removal, Disposal and Replacement Of Unsuitable Subgrade TON 500 $50.00 $25,000.00 $50.00 $25,000.00 $120.00 $60,000.00 7 Curb Ramp Type A EA 1 $3,000.00 $3,000. s s $4,000.00 $4,000.00 $5,500.00 $5,500.00 8 Curb Ramp Type B EA 1 $3,000.00 $3,000.0* $4,000.00 $4,000.00 $5,500.00 $5,500.00 9 Curb Ramp Type C EA 10 $3,000.00 $30,000 0® $3,500.00 $35,000.00 $5,500.00 $55,000.00 10 Curb Ramp Type D EA 2 $2,200.00 $4,400.s* $3,000.00 $6,000.00 $5,000.00 $10,000.00 11 Concrete Sidewalk - Remove and Replace SF 1836 $15.00 $27,540.0 $10.00 $18,360.00 $35.00 $64,260.00 12 Grind Existing Concrete Pavement LF 109 $15.00 $1,635.0 $10.00 $1,090.00 $25.00 $2,725.00 13 Curb and Gutter Replacement at S Avenue LF 22 $60.00 $1,320 0ss $100.00 $2,200.00 $135.00 $2,970.00 14 Sidewalk Underdrain west of Laurel Avenue LS 1 $3,500.00 $3,500.01' $1,000.00 $1,000.00 $2,300.00 $2,300.00 15 Concrete Driveway - Remove and Replace EA 1 $2,800.00 $2,800.00''' $6,000.00 $6,000.00 $6,100.00 $6,100.00 16 Reset Pullbox to Grade EA 1 $350.00 $350.00 $500.00 $500.00 $1,100.00 $1,100.00 17 Replace Pullbox EA 1 $600.00 $600.00 $500.00 $500.00 $630.00 $630.00 18 Adjust to Grade Steel Valve Cover and Frame EA 47 $250.00 $11,750.00 $200.00 $9,400.00 $535.00 $25,145.00 Pab,: 1 Bid Results for Division Street Traffic Calming (CIP No. 16-09) PALM ENGINEERING CONSTRUCTION COMPANY, INC. PORTILLO CONCRETE, INC. LB Civil Construction, 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 Adjust to Grade Steel Manhole Cover and Frame EA 27 $300.00 $8,100.00 $300.00 $8,100.00 $1,100.00 $29,700.00 20 Pavement Dig Out Areas (Excavation) CY 1156 $50.00 $57,800.00 $40.00 $46,240.00 $70.00 $80,920.00 21 Pavement Dig Out Areas ( Install 12" base) TON 1487 $40.00 $59,480.00 $30.00 $44,610.00 $40.00 $59,480.00 22 Pavement Dig Out Areas (Install 5" asphalt concrete) TON 680 $125.00 $85,000.00 $150.00 $102,000.00 $125.00 $85,000.00 23 Pavement Reinforcement Fabric (Mirafi RS380) SF 22037 $0.70 $15,425.90 $1.00 $22,037.00 $0.80 $17,629.60 ' 24 Asphalt Concrete TON 2511 $95.60 $240,051.60 $110.00 $276,210.00 $75.00 $188,325.00 25 Pavement Reinforcement Fabric (Glass Pave 25) SF 2E+05 $0.42 $70,840.98 $0.35 $59,034.15 $0.35 $59,034.15 26 Cold Mill Existing Asphalt Concrete (Maximum Depth = 1") SF 58974 $0.24 $14,153.76 $0.35 $20,640.90 $0.30 $17,692.20 27 Modified Type E Loop Detector EA 37 $406.25 $15,031.25 $360.00 $13,320.00 $325.00 $12,025.00 28 Type E Loop Detector EA 72 $375.00 $27,000.00 $330.00 $23,760.00 $325.00 $23,400.00 29 Modified Type Q (4'(6') loop Detector EA 7 $375.00 $2,625.00 $330.00 $2,310.00 $325.00 $2,275.00 30 Gravity Wall LT 20 $150.00 $3,000.00 $100.00 $2,000.00 $400.00 $8,000.00 31 Bus Pad (60'x10'x9")PCC SF 4800 $11.00 $52,800.00 $12.00 $57,600.00 $25.00 $120,000.00 32 Bus Pad (60'x10'x9") Concrete Treated Base CY 133 $80.00 $10,640.00 $15.00 $1,995.00 $145.00 $19,285.00 33 Slurry Seal (Type 2) SY 13515 $3.75 $50,681.25 $4.00 $54,060.00 $3.50 $47,302.50 34 Cross Gutter Remove and Replace EA 1 $3,200.00 $3,200.00 $10,000.00 $10,000.00 $14,000.00 $14,000.00 35 Signing and Striping LS 1 $41,950.00 $41,950.00 $56,000.00 $56,000.00 $42,000.00 $42,000.00 36 Field Orders Allow 1 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 Subtotal $977,674.74 $1,012,967.05 $1,242,298.45 Page 2 Bid Results for Division Street Traffic Calming (CIP No. 16-09) PALM ENGINEERING CONSTRUCTION COMPANY, INC. PORTILLO CONCRETE, INC. LB Civil Construction, 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) Alternate Bid A 37 Rubber Polymer Modified Slurry (RPMS), Type II SY 13515 $3.90 $52,708.50 $4.00 $54,060.00 $3.60 $48,654.00 Subtotal $52,708.50 $54,060.00 $48,654.00 Alternate Bid B 38 Rubberized Emulsion Aggregate Slurry (REAS), Type II SY 13515 $4.20 Subtotal $56,763.00 $56,763.00 $6.50 $87,847.50 $87,847.50 $7.25 $97,983.75 $97,983.75 Grand Total $1,087,146.24 $1,154,874.55 $1,388,936.20 Summary of Award Base Bid $977,674.74 $1,012,967.05 $1,242,298.45 Eliminate Line Item 33 - Slurry Seal (Type 2) Alternate Bid B (S50, ($54,060.00) ($47, ') $56,763.00 $87,847.50 $97,983.75 Grand Total Awarded $983,756.49 $1,046,754.55 $1,292,979.70 Pa,C 3 RESOLUTION NO. 2016 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO PALM ENGINEERING CONSTRUCTION COMPANY, INC., IN THE NOT -TO -EXCEED AMOUNT OF $983,756.49 FOR THE DIVISION STREET TRAFFIC CALMING PROJECT, AUTHORIZING A 15% CONTINGENCY IN THE AMOUNT OF $147,563.47 FOR ANY UNFORESEEN CHANGES, AND AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT WHEREAS, the Division Street Traffic Calming Project includes traffic calming, pedestrian, bicycle, and Safe Routes to School enhancements on Division Street between Highland Avenue and Euclid Avenue; and WHEREAS, on November 22, 2016, the Engineering Department, publicly opened, examined, and declared four (4) sealed bids for the Division Street Traffic Calming Project; and WHEREAS, Palm Engineering Construction Company, Inc., was the lowest responsive bidder qualified to perform the work as described in the project specifications with a total bid amount of $983,756.49; and WHEREAS, a 15% contingency amount up to $147,563.47 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 Division Street Traffic Calming Project to the lowest responsive, responsible bidder, to wit: PALM ENGINEERING CONSTRUCTION COMPANY, INC. BE IT FURTHER RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute a contract in the amount of $983,756.49 with Palm Engineering Construction Company, Inc., for the Division Street Traffic Calming 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 $147,563.47 for any unforeseen changes to the Project. PASSED and ADOPTED this 20th day of December, 2016. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk George H. Eiser, III Interim 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 PALM ENGINEERING CONSTRUCTION Division Street Traffic Calming Project Judy Hernandez (Engineering/Public Works) Forwarded Copy of Contract to Palm Engineering Construction