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HomeMy WebLinkAbout2017 CON Palm Engineering - Westside Mobility Improvements CIP No. 17-04OWNER - CONTRACTOR AGREEMENT WESTSIDE MOBILITY IMPROVEMENTS, CIP NO. 17-04 This Owner -Contractor Agreement ("Agreement") is made by and between the City of National City, 1243 National City Boulevard National City, California 91950 and Palm Engineering Construction Company, Inc. ("Contractor"), 7330 Opportunity Road, Suite J San Diego, CA 92111 on the 6th day of June, 2017, 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: t, (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: /,/, City City Contractor: PALM ENGINEERING CONSTRUCTION COMPANY, IN (Owner/Officer signature) i2ti5oVt..(0.5) 5-/411la&Az(/ f,Fc(Pac c Print name and title Clerk, City of National (Second officer si nature if a corporation) 1Za.00 i_ (aoSS) Si a a g,- z ), Sr C 7A2 y Print name and title 772g3 Contractor's City Business License No. e 3'l30 A(S/ CO' CIQ State Contractor's License No. and Class 7339 oPPc 7 N (re RP 57F J Business street address CAMdt'`GO(Crt Q711/ City, State and Zip Code EXHIBIT A CONTRACT DOCUMENTS Owner/Contractor Agreement Bid Schedule Addenda Plans Special Provisions (Specifications) San Diego County Regional Standard Drawings City of National City Standard Drawings Standard Specifications for Public Works Construction and Regional Supplements (Greenbook) State Standard Specifications State Standard Plans California Building, Mechanical, Plumbing and Electrical Codes Permits issued by jurisdictional regulatory agencies Electric, gas, and communications companies specifications and standards Sweetwater Authority specifications and standards Specifications, standards and requirements of MTS, BNSF, SANDAG, Port of San Diego and all other agencies that may be adjacent and/or affected by the project. EXHIBIT B CONTRACT PRICE (NOTE - TO BE COMPLETED TO CONFORM WITH BID SCHEDULE ITEMS) Bid Results for Project Westside Mobility Improvements (CIP No 17-04) Company Name Address Address 2 City State ZipCode Country PALM ENGINEERING 7330 Opportuinity Road, Suite J SD CA 92111 United States Respondee Respondee Title Phone Respondee Email (Ross) Shahbazi President 619-291-1495 ross@palmengineeringco.com Item No. Section Description Unit Qty. Unit Price Line Total 1 Base Bid - General Mobilization LS 1 $60,000.00 $60,000.00 2 Base Bid - General Traffic Control LS 1 $50,000.00 $50,000.00 3 Base Bid - General Surveying and Construction Staking LS 1 $25,000.00 $25,000.00 4 Base Bid - General Water Pollution Control LS 1 $10,000.00 $10,000.00 5 Base Bid - General Clearing and Grubbing LS 1 $40,000.00 $40,000.00 Subtotal $185,000.00 6 Base Bid - Mini -Roundabout Unclassified Excavation CY 156 $100.00 $15,600.00 7 Base Bid - Mini -Roundabout Untreated Base CY 115 $100.00 $11,500.00 8 Base Bid - Mini -Roundabout Asphalt Concrete Pavement TON 52 $200.00 $10,400.00 9 Base Bid - Mini -Roundabout Slurry Seal SF 7390 $2.00 $14,780.00 10 Base Bid - Mini -Roundabout 6" PCC Rolled Curb and Gutter (SDRSD G-4) LF 120 $35.00 $4,200.00 11 Base Bid - Mini -Roundabout 6" PCC Curb and Gutter (SDRSD G-2) LF 530 $30.00 $15,900.00 12 Base Bid - Mini -Roundabout PCC Cross Gutter (SDRSD G-12) SF 460 $15.00 $6,900.00 13 Base Bid - Mini -Roundabout 4" PCC Sidewalk (SDRSD G-7) SF 4660 $7.00 $32,620.00 14 Base Bid - Mini -Roundabout Curb Ramp EA 9 $4,500.00 $40,500.00 15 Base Bid - Mini -Roundabout Trench Drain LF 100 $200.00 $20,000.00 16 Base Bid - Mini -Roundabout Signing and Striping LS 1 $16,116.46 $16,116.46 17 Base Bid - Mini -Roundabout Street Lighting System including pull boxes, conduit, wiring, street lights, fixtures, and meter pedestal) LS 1 $96,428.75 $96,428.75 18 Base Bid - Mini -Roundabout Enhanced Sidewalk SF 860 $13.00 $11,180.00 19 Base Bid - Mini -Roundabout Landscaping LS 1 $3,300.00 $3,300.00 20 Base Bid - Mini -Roundabout Irrigation Systems LS 1 $1,700.00 $1,700.00 Subtotal $301,125.21 21 Base Bid - 18th Street Sidewalk Improvements Unclassified Excavation CY 160 $100.00 $16,000.00 22 Base Bid - 18th Street Sidewalk Improvements Untreated Base CY 78 $100.00 $7,800.00 23 Base Bid - 18th Street Sidewalk Improvements Asphalt Concrete Pavement TON 14 $200.00 $2,800.00 24 Base Bid - 18th Street Sidewalk Improvements 7" PCC Paving SF 2290 $10.00 $22,900.00 25 Base Bid - 18th Street Sidewalk Improvements 6" PCC Curb and Gutter (SDRSD G-2) LF 340 $30.00 $10,200.00 26 Base Bid - 18th Street Sidewalk Improvements PCC Driveway (SDRSD G-14) SF 950 $9.00 $8,550.00 27 Base Bid - 18th Street Sidewalk Improvements 4" PCC Sidewalk (SDRSD G-7) SF 2660 $7.00 $18,620.00 28 Base Bid - 18th Street Sidewalk Improvements Curb Ramp EA 1 $4,000.00 $4,000.00 29 Base Bid - 18th Street Sidewalk Improvements Truncated Domes SF 60 $50.00 $3,000.00 30 Base Bid - 18th Street Sidewalk Improvements Type B Curb Inlet EA 1 $7,000.00 $7,000.00 31 Base Bid - 18th Street Sidewalk Improvements Type A-4 Cleanout EA 1 $6,000.00 $6,000.00 32 Base Bid - 18th Street Sidewalk Improvements 12" PVC Storm Drain LF 75 $100.00 $7,500.00 33 Base Bid - 18th Street Sidewalk Improvements Signing and Striping LS 1 $6,937.50 $6,937.50 34 Base Bid - 18th Street Sidewalk Improvements Landscaping LS 1 $25,000.00 $25,000.00 Subtotal $146,307.50 35 Base Bid - 16th Street Sidewalk Improvements PCC Driveway (SDRSD G-14) SF 1250 $8.00 $10,000.00 36 Base Bid - 16th Street Sidewalk Improvements 4" PCC Sidewalk (SDRSD G-7) SF 5220 $7.00 $36,540.00 37 Base Bid - 16th Street Sidewalk Improvements Curb Ramp EA 4 $4,000.00 $16,000.00 38 Base Bid - 16th Street Sidewalk Improvements Landscaping LS 1 $7,500.00 $7,500.00 Subtotal $70,040.00 39 Base Bid - Bicycle Lane Improvements Signing and Striping LS 1 $68,318.75 $68,318.75 Subtotal $68,318.75 40 Base Bid - Sidewalk & Curb Ramp Improvements 4" PCC Sidewalk (SDRSD G-7) SF 25025 $7.00 $175,175.00 41 Base Bid - Sidewalk & Curb Ramp Improvements Curb Ramp EA 59 $3,000.00 $177,000.00 42 Base Bid - Sidewalk & Curb Ramp Improvements Signing and Striping LS 1 $13,933.75 $13,933.75 Subtotal $366,108.75 43 Additive Bid - West Avenue Improvements Mobilization LS 1 $35,000.00 $35,000.00 44 Additive Bid - West Avenue Improvements Traffic Control LS 1 $25,000.00 $25,000.00 45 Additive Bid - West Avenue Improvements Surveying and Construction Staking LS 1 $10,000.00 $10,000.00 46 Additive Bid - West Avenue Improvements Water Pollution Control LS 1 $6,000.00 $6,000.00 47 Additive Bid - West Avenue Improvements Clearing and Grubbing LS 1 $25,000.00 $25,000.00 48 Additive Bid - West Avenue Improvements Unclassified Excavation CY 85 $120.00 $10,200.00 49 Additive Bid - West Avenue Improvements Modify Curb Inlet EA 2 $3,000.00 $6,000.00 50 Additive Bid - West Avenue Improvements Untreated Base CY 63 $120.00 $7,560.00 51 Additive Bid - West Avenue Improvements Asphalt Concrete Pavement TON 30 $250.00 $7,500.00 52 Additive Bid - West Avenue Improvements 6" PCC Curb and Gutter (SDRSD G-2) LF 591 $28.00 $16,548.00 53 Additive Bid - West Avenue Improvements 6" PCC Curb (SDRDS G-6) LF 6 $40.00 $240.00 54 Additive Bid - West Avenue Improvements 4" PCC Sidewalk (SDRSD G-7) SF 7630 $7.00 $53,410.00 55 Additive Bid - West Avenue Improvements Curb Ramp EA 11 $3,500.00 $38,500.00 56 Additive Bid - West Avenue Improvements Signing and Striping LS 1 $22,086.11 $22,086.11 57 Additive Bid - West Avenue Improvements Traffic Signal Modification Including RRFB System LS 1 $80,381.25 $80,381.25 Subtotal $343,425.36 58 Additive Bid - Curb Ramp Improvements Curb Ramp EA 100 $3,000.00 $300,000.00 Subtotal $300,000.00 Total $1,780,325.57 CORPORATE CERTIFICATE I, R'.>Ovc. (eas.9ski A 1-115AZ/ certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that SOUL (acs _rim ts,RA-Z / , who signed said contract on behalf of the Contractor, was then pP/'-sv0ism r 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, certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that , who signed said contract on behalf of the Contractor, was then of said Corporation; that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers. Corporate Seal: PARTNERSHIP CERTIFICATE STATE OF ) COUNTY OF ) On this day of , 2016, before me, the undersigned, a Notary Public in and for said County and State, personally appeared: ) ss (Notary Seal) known to me to be of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. Signature: Name (Type or Print): (Notary Public in and for said County and State) My Commission expires: PERFORMANCE BOND EXECUTE IN TRIPLICATE BOND NO. 894216P PREMIUM: $18,339.00 PREMIUM IS FOR CONTRACT TERM AND IS SUBJECT TO ADJUSTMENT BASED ON FINAL CONTRACT PRICE WHEREAS, the City Council of the City of National City, by Resolution No. 2017-93, passed the 6th day of June, 2017 has awarded to Palm Engineering Construction Company, Inc. , hereinafter designated as the "Principal", the WESTSIDE MOBILITY IMPROVEMENTS, CIP No. 17-04. WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract. NOW, THEREFORE, we, the Principal and DEVELOPERS SURETY AND INDEMNITY COMPANY as surety, are held and firmly bound unto the City Council of the City of National City, hereinafter called the "Council", in the penal sum of ONE MILLION SEVEN HUNDRED EIGHTY THOUSAND, THREE HUNDRED TWENTY FIVE DOLLARS AND 57 CENTS ($1,780,325.57) 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 15TH day of JUNE, 2017 (202,6,K DEVELOPERS SURETY AND PALM ENGINEERING CONSTRUCTION INDEMNITY COMPANY (SEAL) COMPANY, INC. , (SEAL) „4, (SEAL) (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 Califomia County of SAN DIEGO On 6/15/2017 before me, HELEN E. WHEALDON, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared MARK D. IATAROLA Name(e) of Signer(e) 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/t hey executed the same in hisAher/their authorized capacity(ies), and that by his/49444ei4 signature(e) on the instrument the person(e), or the entity upon behalf of which the person(e) 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. HELEN E. WHEALDON COMM. #2194350 z Notary Public - California o San Diego County — Comm. Ex'ires A• 28, 2021 Place Notary Seal Above WITNESS my hand and official seal. Signature OPTIONAL Signature of Notaty 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 Number of Pages: Signer(s) Other Than Capacity(ies) Claimed by Signer(s) Signer's Name: MARK D. IATAROLA ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ® Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Date: Named Above: Signer's Name: Li 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 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make, constitute and appoint: ***Mark D. latarola, John G. Maloney, Helen Maloney, , Michelle M. Basuil, Glenda J. Rooney, jointly or severally*** as their true and lawful Attomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that a combination of any two of the Chairman of the Board, the President, Executive Vice -President, Senior Vice -President or any Vice President of the corporations be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the attorney(s) named in the Power of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and attested by their respective Secretary or Assistant Secretary this 6th day of February, 2017. By:G By Daniel Young, Senior Vice -President Mark Lansdon, Vice -President State of California County of Orange :'yJQ� SO4 . � Fp.2 z 1936 1 < OJT'•cgU....'aaO 's ad " . . 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. On February 6, 2017 Date personally appeared before me, LUCILLE RAYMOND 4, L Commission 4* 2081945 � ; 1151 • Notary Public - California ' Orange County My Comm. Exelres Oct 13`20181 Place Notary Seal Above Lucille Raymond, Notary Public Here Insert Name and Title of the officer Daniel Young and Mark Lansdon Name(s) 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/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 CERTIFICATE Lucill0 fj yihond, Notary Public The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attomey remains in full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney are in force as of the date of this Certificate. By: This Certificate is executed in the City of Irvine, California, this Cassie J. d rrisford, Assistant Se tary ATS-1002 (02/17) 15TH day of JUNE , 2017 . EXECUTE IN TRIPLICATE BOND NO. 894216P PREMIUM INCLUDED IN PERFORMANCE BOND PAYMENT BOND WHEREAS, the City Council of the City of National City, by Resolution No. 2017-93, passed the 6TH day of June, 2017 has awarded Palm Engineering Construction Company, inc., hereinafter designated as the "Principal", the WESTSIDE MOBILITY IMPROVEMENTS, CIP NO, 17-04. WHEREAS, said Principal is required by Chapter 5 (commencing at Section 3225) and Chapter 7 (commencing at Section 3247), Title 15, Part 4, Division 3 of the California Civil Code to furnish a bond in connection with said contract; NOW, THEREFORE, we, the Principal and DEVELOPERS SURETY AND INDEMNITY COMPANY as surety, are held and firmly bound unto the City Council of the City of National City, hereinafter called the "Council", in the penal sum of ONE MILLION SEVEN HUNDRED EIGHTY THOUSAND, THREE HUNDRED TWENTY FIVE DOLLARS AND 57 CENTS ($1,780,325.57) 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 attorneys 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 15TH day of JUNE , 2017. DEVELOPERS SURETY AND INDEMNITY COMPANY n PALM ENGINEERING CONSTRUCTION (SEAL) COMPANY, INC. (SEAL) (SEAL) MARK D. IATAROLA, ATTORNEY -IN -FACT (SEAL) Surety RASOUL SHAHBAZI, PRESIDENT Principal (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 6/15/2017 before me, HELEN E. WHEALDON, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared MARK D. IATAROLA Names) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/efe subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/hcr/thcir authorized capacity(ies), and that by his/ier-rithoir 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. HELEN E. WHEALDON 1 COMM. #2194350 z Notary Public • California San Diego County — My Comm. Expires Apr. 28, 2021 r Place Notary Seal Above WITNESS my hand and official seal. Signature /44 OPTIONAL Signature of Notary Public Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: MARK D. IATAROLA LJ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual E Trustee ❑ Other: ® Attorney in Fact ❑ Guardian or Conservator Signer Is Representing: Signer's Name: L1 Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual 5 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 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make, constitute and appoint: ***Mark D. Iatarola, John G. Maloney, Helen Maloney, , Michelle M. Basuil, Glenda J. Rooney, jointly or severally*** as their true and lawful Attorney(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that a combination of any two of the Chairman of the Board, the President, Executive Vice -President, Senior Vice -President or any Vice President of the corporations be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the attorney(s) named in the Power of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and attested by their respective Secretary or Assistant Secretary this 6th day of February, 2017. By: altee-ZI Daniel Young, Senior Vice -President By: Mark Lansdon, Vice -President 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 February 6, 2017 personally appeared Date LUCILLE RAYMOND Commission # 2081945 Notary Public - California Orange County before me, Mr Comm. Exp res Oct 13`2014 Place Notary Seal Above Lucille Raymond, Notary Public Here Insert Name and Title of the Officer Daniel Young and Mark Lansdon Name(s) 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/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 Lucill0 y ond, Notary Public CERTIFICATE The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attomey remains in full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney are in force as of the date of this Certificate. By: This Certificate is executed in the City of Irvine, California, this Cassie J.rrisford, Assistant Sectary ATS-1002 (02/17) 15TH day of JUNE , 2017 li �1936 ig AW RQ' PALMENG-01 VSZAFRANSKI CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 07/07/2017 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 License # 0525512 Teague Insurance Agency, Inc. 4700 Spring St., #400 La Mesa, CA 91942 INSURED Palm Engineering Construction, Inc. 7330 Opportunity Road, Suite J San Diego, CA 92111 CONTACT NAME: PHONE (A/c, No, Ext): (619) 464-6851 FAX No):(619) 668-4715 E-MAIL info@teagueins.com INSURER(S) AFFORDING COVERAGE INSURER A : James River Insurance Company INSURER B : American Fire & Casualty INSURER C : Continental Insurance Company INSURER D : Benchmark Insurance Company INSURER E : NAIC # 12203 24066 35289 41394 INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE 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 ,.jMM/DD/YYYYI POLICY EFF POLICY EXP IMM/DD/YYYY] LIMITS A X COMMERCIAL GENERAL LIABILITY OCCUR X - X 000726101 07/01/2017 07/01/2018 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X PREMISESO(Ea occur ence) $ 50,000 MED EXP (Any one person) $ 1,000 PERSONAL & ADV INJURY $ 1,000,000 GEM_ AGGREGATE LIMIT APPLIES a PER: GENERAL AGGREGATE $ 2,000,000 POLICY X JE LOC PRODUCTS - COMP/OP AGG $ 2,000,000 OTHER: $ B AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY H RED AUTOS ONLY SCHEDULED AUTOS NON -AWNED AUTOS ONLY X X BAA56378022 02/23/2017 02/23/2018 COMBINED SINGLE LIMIT (Ea accident) 1,000,000 $ X BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ C UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE 5094194112 07/01/2017 07/01/2018 EACH OCCURRENCE $ 4,000,000 X AGGREGATE $ 4,000,000 DED X rRETENTION $ 0 $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE MCtryMNEXCLUDED? If yes, describe under DESCRIPTION OF OPERATIONS Y/N N /A X CST5009027 11/01/2016 11/01/2017 X PER OTH- STATUTE ER E.L. EACH ACCIDENT 1,000,000 $Y E.L. DISEASE - EA EMPLOYEE $ 1,000,000 below E.L. DISEASE - POLICY LIMIT 1,000,000 $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) RE: Westside Mobility Improvements, CIP No. 17-04 The City of National City, its elected officials, officers, employees, agents, representatives, consultants, contract employees and volunteers are included, when required by written contract, as additional insured for ongoing and completed operations with primary non-contributory language with waiver of subrogation with per project aggregate with respects to the general liability and as additional insured with waiver of subrogation with respects to the auto liability and with waiver of subrogation with respects to the workers compensation, per attached forms. CERTIFICATE HOLDER CANCELLATION The 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 ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER:000726101 COMMERCIAL GENERAL LIABILITY CG 2010 07 04 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): Location(s) Of Covered Operations Where required by written contract or written agreement All operations of the Named Insureds 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. 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, mainte- nance or repairs) to be performed by or on be- half 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 other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 ❑ POLICY NUMBER: 000726101 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 Opera - tions Where required by written contract or written agreement All operations of the Named Insureds Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products - completed operations hazard". CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 ❑ Policy Number: 000726101 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): Where required by written contract or written agreement. 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: 000726101 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 0 Policy Number:000726101 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY LIMITATION - AMENDED AGGREGATE LIMITS OF INSURANCE PER PROJECT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS COMBINED LIABILITY POLICY SECTION III — LIMITS OF INSURANCE - The General Aggregate Limit applies separately to each "Project" of the Named Insured. Notwithstanding the application of the General Aggregate Limit to each "Project" of the Named Insured, under no circumstances will we pay more than $5,000,000 for all claims under this policy that are subject to the General Aggregate limit. For the purpose of this endorsement, the following definition is added: "Project" means all work done by you or on your behalf, away from premises owned or rented to you, to complete an individual bid or negotiated contract to provide services for a specified period of time. Multiple jobs, work orders, purchase orders, or work done at multiple "locations" under one contract are not separate "projects" within the meaning of this coverage. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. AP5012US 12-03 Page 1 of 1 Policy Number: BAA56378022 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 PROVISION NUMBER ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT 3 ACCIDENTAL AIRBAG DEPLOYMENT 12 AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS 19 AMENDED FELLOW EMPLOYEE EXCLUSION 5 AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE 13 BROAD FORM INSURED 1 BODILY INJURY REDEFINED 22 EMPLOYEES AS INSUREDS (including employee hired auto) 2 EXTENDED CANCELLATION CONDITION 23 EXTRA EXPENSE -BROADENED COVERAGE 10 GLASS REPAIR - WAIVER OF DEDUCTIBLE 15 HIRED AUTO PHYSICAL DAMAGE (including employee hired auto and loss of use) 6 HIRED AUTO COVERAGE TERRITORY 20 LOAN / LEASE GAP 14 PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) 16 PERSONAL EFFECTS COVERAGE 11 PHYSICAL DAMAGE - ADDITIONAL TRANSPORTATION EXPENSE COVERAGE 8 RENTAL REIMBURSEMENT 9 SUPPLEMENTARY PAYMENTS 4 TOWING AND LABOR 7 TWO OR MORE DEDUCTIBLES 17 UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS 18 WAIVER OF TRANSFER OF RIGHTS OF RECOVERYAGAINST OTHERS TO US 20 SECTION II - LIABILITY COVERAGE is amended as follows: 1. BROAD FORM INSURED SECTION II - LIABILITY COVERAGE, paragraph A.1. - WHO IS AN INSURED is amended to include the following as an insured: d. Any legally incorporated entity of which you own more than 50 percent of the voting stock during the policy period. However, "insured" does not include any organization that: (1) (2) (3) Is a partnership or joint venture; or Is an insured under any other automobile policy; or 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; CA 88 10 01 13 © 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". 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": g• (1) (2) (3) Only with respect to the operation, maintenance or use of a covered "auto"; Only for "bodily injury" or "property damage" caused by an "accident" which takes place after you executed the written contract or agreement, or the permit has been issued to you; and Only for the duration of that contract, agreement or permit 4. SUPPLEMENTARY PAYMENTS SECTION II - LIABILITY COVERAGE, Coverage Ext graphs (2) and (4) are replaced by the following: (2) Up to $3,000 for cost of bail bonds (including 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 Toss 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 ensions, 2.a. Supplementary Payments, para- bonds for related traffic violations ) required ® 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 Toss 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 Toss" 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 CA 88 10 01 13 © 2013 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 7 9. RENTAL REIMBURSEMENT SECTION III - PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the following: a. We will pay up to $75 per day for rental reimbursement expenses incurred by you for the rental of an "auto" because of "accident" or "loss", to an "auto" for which we also pay a "loss" under Comprehensive, Specified Causes of Loss or Collision Coverages. We will pay only for those expenses incurred after the first 24 hours following the "accident" or "loss" to the covered "auto." b. Rental Reimbursement will be based on the rental of a comparable vehicle, which in many cases may be substantially less than $75 per day, and will only be allowed for the period of time it should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days. c. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your tools and equipment from the covered "auto". d. This coverage does not apply unless you have a business necessity that other "autos" avail- able for your use and operation cannot fill. e. If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under Paragraph 4. Coverage Extension. f. No deductible applies to this coverage. For the purposes of this endorsement provision, materials and equipment do not include "personal effects" as defined in provision 11. 10. EXTRA EXPENSE -BROADENED COVERAGE Under SECTION III - PHYSICAL DAMAGE COVERAGE, A. COVERAGE, we will pay for the expense of returning a stolen covered "auto" to you. The maximum amount we will pay is $1,000. 11. PERSONAL EFFECTS COVERAGE A. SECTION III - PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the following: If you have purchased Comprehensive Coverage on this policy for an "auto" you own and that "auto" is stolen, we will pay, without application of a deductible, up to $600 for "personal effects" stolen with the "auto." The insurance provided under this provision is excess over any other collectible insurance. B. SECTION V - DEFINITIONS is amended by adding the following: For the purposes of this provision, "personal effects" mean tangible property that is 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 Toss. 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. b. c. In the charge of an ''insured"; Legally parked; and 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. b. If the applicable Business Auto deductible is the smaller (or smallest) deductible waived; or If the applicable Business Auto deductible is not the smaller (or smallest) deductible it will 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. CA88100113 it will be be © 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.S., 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 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 Califomia workers' compensation premium otherwise due on such remuneration. Person or Organization City of National City c/o Risk Manager 1243 National City Boulevard National City, CA 91950 Schedule Job Description Westside Mobility Improvements, CIP No 17-04 Street Improvement consisting of sidewalk, curb ramps, street lighting, signage, striping and landscape Intersection of 14th and Harding Avenue in National City 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 07/06/2017 Coverage Dates: 11/01/2016 - 11/01/2017 Insured Palm Engineering Construction Co Inc Policy No. CST5009027 Carrier Name / Code: Benchmark Insurance Company A WC 04 03 06 (Ed. 4-84) ©1998 by the Worker's Insurance Rating Bureau of California. All rights reserved. Endorsement No. 5 Premium $ 100.00 Countersigned by THIS DOCUMENT HAS A TRUE DOCUCHECK'TM WATERMARK AND VISIBLE FIBERS DISCERNIBLE FROM BOTH SIDES 77292 CITY OF NATIONAL CITY BUSINESS LICENSE CERTIFICATE PURSUANT TO CITY ORDINANCE THIS LICENSE IS HEREBY GRANTED FOR THE TERM & PURPOSE STATED BUS DESCRIPTION GENERAL CONTRACTOR` BUSINESS ADDRESS 7330 OPPORTUNITY --1 STE J BUSINESS NAME ATTN: MAILING ADDRESS NON TRANSFERABLE PALM ENGINEERING CONST Date of Expiration: 12/31/2017 ��-1�►518 7 � 1 .• o'• ''TED 7330 OPPORTUNITY RD STE J SAN DIEGO, CA 92111-2221 City Manager POST IN A Co: G'� OUS PLAC. SPIC: THIS DOCUMENT IS ALTERATION PROTECTED AND REFLECTS FLUORESCENT FIBERS UNDER UV LIGHT KEEP FOR YOUR RECORDS BUSINESS TAX RECEIPT License No. 77292 B SB1186 TOTAL $200.00 $1.00 $201.00 0 RESOLUTION NO. 2017 — 93 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 $1,780,325.57 FOR THE WESTSIDE MOBILITY IMPROVEMENTS PROJECT, AUTHORIZING A 15% CONTINGENCY IN THE AMOUNT OF $267,048.83 FOR ANY UNFORESEEN CHANGES; AND AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT WHEREAS, on May 18, 2017, the Engineering Department, publicly opened, examined, and declared three (3) sealed bids for the Westside Mobility Improvements Project; and WHEREAS, Palm Engineering Construction, Inc., was the lowest responsive bidder qualified to perform the work as described in the project specifications with a total bid amount of $1,780,325.57; and WHEREAS, a 15% contingency amount up to $267,048.83 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 Westside Mobility Improvements Project to the lowest responsive, responsible bidder, to wit: PALM ENGINEERING 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 $1,780,325.57 with Palm Engineering Construction, Inc., for the Westside Mobility Improvements 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 $267,048.83 for any unforeseen changes to the Project. PASSED and ADOPTED this 6th day of June, 2017 n Morrison, Mayor ATTEST: Michael R. Dalla, ity Clerk APPROVED AS TO FORM: Passed and adopted by the Council of the City of National City, California, on June 6, 2017 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 n IQ City y ational City, California /J C erk of the City of By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2017-93 of the City of National City, California, passed and adopted by the Council of said City on June 6, 2017. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 6, 2017 AGENDA ITEM NO. 31 ,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 $1,780,325.57 for the Westside Mobility Improvements Project, CIP No. 17-04; 2) authorizing a 15% contingency in the amount of $267,048.83 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. INANCIAL STATEMENT: ACCOUNT NO. Contract Award (funds available through prior City Council appropriations) 296-409-500-598-6577: $1,780,325.57 15% Contingency (funds available through prior City Council appropriations) 001-409-500-598-6035: $267,048.83 DEPARTMENT: Engineering/Public Works APPROVED BY: ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt Resolution awarding a contract to Palm Engineering Construction Company, Inc. in the not -to -exceed amount of $1,780,325.57 for the Westside Mobility Improvements Project, CIP No. 17-04. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation w/ Exhibits 2. Bid Opening Summary 3. Three Lowest Bidders Summary 4. Resolution 9iFi504\}wDW gt.Nri le EXPLANATION The project includes traffic calming, pedestrian and bicycle enhancements within the Westside Specific Plan Area. Improvements include a traffic calming roundabout at the intersection of Harding Avenue and W. 14th Street near Casa de Salud Youth Center, conversion of West Avenue to a one-way street northbound, enhanced crosswalks with high intensity signing and striping, new sidewalks and pedestrian curb ramps for American with Disabilities Act (ADA) compliance, Class II bike lanes with signage on Civic Center Drive, Wilson Avenue and W. 22nd Street, and other amenities such as new lighting, landscaping, benches, bike racks, and public art. On April 21, 2017, the bid solicitation was posted on PlanetBids, a free public electronic bidding system for contractors. On April 25, 2017 and May 1, 2017, the bid solicitation was advertised in local newspapers. On May 18, 2017, three (3) bids were received electronically on PlanetBids by the 4:00 p.m. deadline. Bid results were available immediately after the 4:00 p.m. deadline. Palm Engineering Construction Company, Inc. was the apparent lowest bidder with a total bid amount of $1,780,325.57 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 $1,780,325.57 which includes the following: • Combined Base Bid in the amount of $1,136,900.21 o Traffic calming roundabout at the intersection of Harding Avenue and W. 14th Street, street lighting, new sidewalks, ADA curb ramps, and signing and striping. • Additive Bid — West Avenue Improvements in the amount of $343,425.36 o Conversion of West Avenue to a one-way street northbound, traffic signal modification at National City Blvd and 18th Street, curb extensions, and new sidewalks. • Additive Bid — Curb Ramp Improvements in the amount of $300,000 o Upgrade 100 curb ramps to ADA compliant curb ramps. Staff also recommends authorizing a 1 5% contingency in the amount of $267,048.83 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 in January 2018. CONSTRUCTION RECORDS s 2 8 a 8 i 1 2 F O 2 2 b 2 i 96 962 RD-1A SIGN LEGEND PROPOSED: Vu I�'i NV 11 111E 1 «NE W1)j Pt-2 R3-5(L? RT-5(RI RS-1 R6-1A R6-t (36'KB6'%b')(30'N36) (30's36) (!0'x30') (36'NN') RELOCATED: KR DEN RED R10-6 161 (CA) 96 1 E%15110G SPEED UNIT 30 R1-, I Mm 1I • l NAL TOLL PREE �rze A 2D-2Rm WRONG WAY R. 161N "'TA I 962 I6TH STREET (NI 6j(M) MCI (10') (M. M.) (M.) R3-5(L) TYPE I (10•) (M.) (M.) 52' sAcooN REST AVE LANE OEOMETRNS NATIONAL CITY BLVD 0' u 0 ,— Array • or.) EWE IT (L) TYPO IV (L) m' 11EMLASTIC MENEM 60tt16 •BIR LNE MOM 111N PERSON. PER CALM. ST90 66 PLAN R9 A210. 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MAD PEN RIM. 0116TPLL BITE Ba ND MVEWNT WARM MM PER DETAIL 'A' MIS 9EET. I, DETM1 ANOE 00002 LRE PER GL1RA6 STMONO PUN ANE. ©R6911 Ma0E 01EIIEMIL 6691A1.0 RR DETAIL 'B' MIS 9E21 I! 161ML 11EIb8PLLSTIC PAMIENT ,WMIM6 AS 11I0E1 ON PUN RR GLTRA6 STD RN6, SEE RETAIL QA WAIL S191 NO R EN.Mv POST PER CITY OP MTIOML CITY SINOMO 6666 NIL 112i6, 011661.1 4191111)306116 POST. ®®IX1511I6 /DLAMNS POST NO SI06 OTPLEIE 6 11010) 8 PLAN. 1©nog arePID 0.96 ERIS1126 catucrM6 9R1PR6 a NP4MTMs. PRIME RI51T16 Po.E Ne SI9,. D116TM1 RAVE 'SLIT WE' must. Si1L PAY0EHI YAKKING PER CUR. ST91560 A216 pE 6ISIR6 OD RYAIM. 0 20 D 22 SCALE t =10 130 5065 PUPA PIMP. SUM MP CAMP; CA Moe P.C. PP -603-4290 OPT SiCIPPMCCP wa L PIJIA! PO6 M •MogEMO Ns: W6116DE IAOBRITY I\PPOMEABIiH 96T610 AND SIPPING PUN MT OF NATIONAL CRY oedema ATN PlAtIC MPS carol a6wo NAME: CIP NO: DATE: TIME: -9— CALIFORNIA —+ NATI NAL airy INCORPORATE BID OPENING RESULTS WESTSIDE MOBILITY IMPROVEMENTS 17-04 Thursday, May 18, 2017 4:00 P.M. ESTIMATE: $1,700,000 PROJECT ENGINEER: Kuna Muthusamy, P.E. NO. BIDDER'S NAME Grand Total* ADDENDA BID SECURITY - BOND 1. Palm Engineering Construction Company, Inc. 7330 Opportunity Road Suite J San Diego, CA 92111 $1,780,325.57 Yes Bond 2. PAL General Engineering, Inc. 10675 Treena Street, Suite 103 San Diego, CA 92131 $1,864,642.00 Yes Bond 3. Tri Group Construction 9580 Black Mountain Rd., Ste. L San Diego, CA 92126 $2,112,790.00 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. -3- Bid Results for Westside Mobility Improvements, CIP No. 17-04 PALM ENGINEERING CONSTRUCTION COMPANY INC PAL General Engineering Inc Tri Group Construction 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 - General 1 Mobilization LS 1 $60,000.00 $60,000.00 $35,450.00 $35,450.00 $40,000.00 $40,000.00 2 Traffic Control LS 1 $50,000.00 $50,000.00 $69,250.00 $69,250.00 $100,000.00 $100,000.00 3 Surveying and Construction Staking LS 1 $25,000.00 $25,000.00 $2,500.00 $2,500.00 $10,000.00 $10,000.00 4 Water Pollution Control LS 1 $10,000.00 $10,000.00 $4,200.00 $4,200.00 $10,000.00 $10,000.00 5 Clearing and Grubbing LS 1 $40,000.00 $40,000.00 $89,000.00 $89,000.00 $480,000.00 $480,000.00 Subtotal $185,000.00 $200,400.00 $640,000.00 Base Bid - Mini -Roundabout 6 Unclassified Excavation CY 156 $100.00 $15,600.00 $65.00 $10,140.00 $20.00 $3,120.00 7 Untreated Base CY $100.00 $11,500.00 $85.00 $9,775.00 $85.00 $9,775.00 8 Asphalt Concrete Pavement TON $200.00 $10,400.00 $280.00 $14,560.00 $250.00 $13,000.00 9 Slurry Seal SF $2.00 $14,780.00 $1.50 $11,085.00 $2.00 $14,780.00 10 6" PCC Rolled Curb and Gutter (SDRSD G-4) LF $35.00 $4,200.00 $64.00 $7,680.00 $50.00 $6,000.00 11 6" PCC Curb and Gutter (SDRSD G-2) LF 1 $30.00 $15,900.00 $42.00 $22,260.00 $35.00 $18,550.00 12 PCC Cross Gutter (SDRSD G-12) SF . e $15.00 $6,900.00 $15.00 $6,900.00 $20.00 $9,200.00 13 4" PCC Sidewalk (SDRSD G-7) SF .. 1 $7.00 $32,620.00 $6.75 $31,455.00 $9.00 $41,940.00 14 Curb Ramp EA 9 $4,500.00 $40,500.00 $3,250.00 $29,250.00 $3,000.00 $27,000.00 15 Trench Drain LF 100 $200.00 $20,000.00 $72.00 $7,200.00 $125.00 $12,500.00 16 Signing and Striping LS 1 $16,116.46 $16,116.46 $14,980.00 $14,980.00 $14,000.00 $14,000.00 17 Street Lighting System including pull boxes, conduit, wiring, street lights, fixtures, and meter pedestal) LS 1 $96,428.75 $96,428.75 $93,960.00 $93,960.00 $88,000.00 $88,000.00 18 Enhanced Sidewalk SF 860 $13.00 $11,180.00 $22.00 $18,920.00 $15.00 $12,900.00 19 Landscaping LS 1 $3,300.00 $3,300.00 $48,750.00 $48,750.00 $20,000.00 $20,000.00 20 Irrigation Systems LS 1 $1,700.00 $1,700.00 $9,850.00 $9,850.00 $45,000.00 $45,000.00 Subtotal $301,125.21 $336,765.00 $335,765.00 Base Bid - 18th Street Sidewalk Improvements Bid Results for Westside Mobility Improvements, CIP No. 17-04 PALM ENGINEERING CONSTRUCTION COMPANY INC PAL General Engineering Inc Tri Group Construction 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) 21 Unclassified Excavation CY 160 $100.00 $16,000.00 $60.00 $9,600.00 $20.00 $3,200.00 22 Untreated Base CY 78 $100.00 $7,800.00 $95.00 $7,410.00 $85.00 $6,630.00 23 Asphalt Concrete Pavement TON 14 $200.00 $2,800.00 $495.00 $6,930.00 $250.00 $3,500.00 24 7" PCC Paving SF 2290 $10.00 $22,900.00 $7.00 $1.6,030.00 $10.00 $22,900.00 25 6" PCC Curb and Gutter (SDRSD G-2) LF 340 $30.00 $10,200.00 $55.00 $18,700.00 $35.00 $11,900.00 26 PCC Driveway (SDRSD G-14) SF 950 $9.00 $8,550.00 $11.00 $10,450.00 $10.00 $9,500.00 27 4" PCC Sidewalk (SDRSD G-7) SF 2660 $7.00 $18,620.00 $8.50 $22,610.00 $8.00 $21,280.00 28 Curb Ramp EA 1 $4,000.00 $4,000.00 $3,250.00 $3,250.00 $3,000.00 $3,000.00 29 Truncated Domes SF 60 $50.00 $3,000.00 $50.00 $3,000.00 $30.00 $1,800.00 30 Type B Curb Inlet EA 1 $7,000.00 $7,000.00 $3,675.00 $3,675.00 $8,000.00 $8,000.00 31 Type A-4 Cleanout EA 1 $6,000.00 $6,000.00 $9,800.00 $9,800.00 $8,000.00 $8,000.00 32 12" PVC Storm Drain LF 75 $100.00 $7,500.00 $349.00 $26,175.00 $120.00 $9,000.00 33 Signing and Striping LS 1 $6,937.50 $6,937.50 $37,980.00 $37,980.00 $6,000.00 $6,000.00 34 Landscaping LS 1 $25,000.00 $25,000.00 $18,750.00 $18,750.00 $3,000.00 $3,000.00 Subtotal $146,307.50 $194,360.00 $117,710.00 Base Bid - 16th Street Sidewalk Improvements 35 PCC Driveway (SDRSD G-14) SF 1250 $8.00 $10,000.00 $10.00 $12,500.00 $10.00 $12,500.00 36 4" PCC Sidewalk (SDRSD G-7) SF 5220 $7.00 $36,540.00 $5.25 $27,405.00 $8.00 $41,760.00 37 Curb Ramp EA 4 $4,000.00 $16,000.00 $3,250.00 $13,000.00 $3,000.00 $12,000.00 38 Landscaping LS 1 $7,500.00 $7,500.00 $14,850.00 $14,850.00 $3,000.00 $3,000.00 Subtotal $70,040.00 $67,755.00 $69,260.00 Base Bid - Bicycle Lane Improvements 39 Signing and Striping LS 1 $68,318.75 $68,318.75 $59,590.00 $59,590.00 $60,000.00 $60,000.00 Subtotal $68,318.75 $59,590.00 $60,000.00 Base Bid - Sidewalk & Curb Ramp Improvements 40 4" PCC Sidewalk (SDRSD G-7) SF 25025 $7.00 $175,175.00 $6.00 $150,150.00 $8.00 $200,200.00 41 Curb Ramp EA 59 $3,000.00 $177,000.00 $3,250.00 $191,750.00 $3,000.00 $177,000.00 42 Signing and Striping LS 1 $13,933.75 $13,933.75 $12,850.00 $12,850.00 $12,000.00 $12,000.00 Bid Results for Westside Mobility Improvements, CIP No. 17-04 PALM ENGINEERING CONSTRUCTION COMPANY INC PAL General Engineering Inc Tri Group Construction 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) Subtotal $366,108.75 $354,750.00 $389,200.00 Additive Bid - West Avenue Improvements 43 Mobilization LS 1 $35,000.00 $35,000.00 $12,000.00 $12,000.00 $5,000.00 $5,000.00 44 Traffic Control LS 1 $25,000.00 $25,000.00 $15,000.00 $15,000.00 $5,000.00 $5,000.00 45 Surveying and Construction Staking LS 1 $10,000.00 $10,000.00 $1,500.00 $1,500.00 $5,000.00 $5,000.00 46 Water Pollution Control LS 1 $6,000.00 $6,000.00 $4,200.00 $4,200.00 $5,000.00 $5,000.00 47 Clearing and Grubbing LS 1 $25,000.00 $25,000.00 $28,750.00 $28,750.00 $10,000.00 $10,000.00 48 Unclassified Excavation CY 85 $120.00 $10,200.00 $95.00 $8,075.00 $15.00 $1,275.00 49 Modify Curb Inlet EA 2 $3,000.00 $6,000.00 $6,500.00 $13,000.00 $2,000.00 $4,000.00 50 Untreated Base CY 63 $120.00 $7,560.00 $115.00 $7,245.00 $70.00 $4,410.00 51 Asphalt Concrete Pavement TON 30 $250.00 $7,500.00 $392.00 $11,760.00 $220.00 $6,600.00 52 6" PCC Curb and Gutter (SDRSD G-2) LF 591 $28.00 $16,548.00 $42.00 $24,822.00 $30.00 $17,730.00 53 6" PCC Curb (SDRDS G-6) LF 6 $40.00 $240.00 $170.00 $1,020.00 $50.00 $300.00 54 4" PCC Sidewalk (SDRSD G-7) SF 7630 $7.00 $53,410.00 $7.00 $53,410.00 $8.00 $61,040.00 55 Curb Ramp EA 11 $3,500.00 $38,500.00 $3,250.00 $35,750.00 $2,500.00 $27,500.00 56 Signing and Striping LS 1 $22,086.11 $22,086.11 $19,850.00 $19,850.00 $18,000.00 $18,000.00 57 Traffic Signal Modification Including RRFB System LS 1 $80,381.25 $80,381.25 $89,640.00 $89,640.00 $80,000.00 $80,000.00 Subtotal $343,425.36 $326,022.00 $250,855.00 Additive Bid - Curb Ramp Improvements 58 Curb Ramp EA 100 $3,000.00 $300,000.00 $3,250.00 $325,000.00 $2,500.00 $250,000.00 Subtotal $300,000.00 $325,000.00 $250,000.00 Grand Total $1,780,325.57 $1,864,642.00 $2,112,790.00 RESOLUTION NO. 2017 — 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 $1,780,325.57 FOR THE WESTSIDE MOBILITY IMPROVEMENTS PROJECT, AUTHORIZING A 15% CONTINGENCY IN THE AMOUNT OF $267,048.83 FOR ANY UNFORESEEN CHANGES; AND AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT WHEREAS, on May 18, 2017, the Engineering Department, publicly opened, examined, and declared three (3) sealed bids for the Westside Mobility Improvements Project; and WHEREAS, Palm Engineering Construction, Inc., was the lowest responsive bidder qualified to perform the work as described in the project specifications with a total bid amount of $1,780,325.57; and WHEREAS, a 15% contingency amount up to $267,048.83 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 Westside Mobility Improvements Project to the lowest responsive, responsible bidder, to wit: PALM ENGINEERING 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 $1,780,325.57 with Palm Engineering Construction, Inc., for the Westside Mobility Improvements 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 $267,048.83 for any unforeseen changes to the Project. PASSED and ADOPTED this 6th day of June, 2017. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney