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HomeMy WebLinkAbout2017 CON Dick Miller Inc - Citywide Alley Improvement Project - CIP 16-11OWNER - CONTRACTOR AGREEMENT CITYWIDE ALLEY IMPROVEMENTS PROJECT, CIP NO. 16-11 This Owner -Contractor Agreement ("Agreement") is made by and between the City of National City, 1243 National City Boulevard National City, California 91950 and Dick Miller, Inc., 930 Boardwalk, Suite H, San Marcos, CA 92078 ("Contractor"), on the 5th day of September , 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: (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: ^ Contractor: DICK MILLER, INC. ayor, City of National City (Owner/Officer signature) Attest: City Clerk, City of Glen F. Bullock, President Print name and title tional City (Second officer signature if a corporation) Glen F. Bullock, Secretary / Treasurer Print name and title 108926 Contractor's City Business License No. 380204 State Contractor's License No. and Class 930 Boardwalk Suite H Business street address San Marcos, CA 92078 City, State and Zip Code THIS DOCUMENT HAS A TRUE WATERMARK AND VISIBLE FIBERS DISCERNIBLE FROM BOTH SIDES 108926 BUSINESS LICENSE CERTIFICATE CITY OF NATIONAL CITY PURSUANT TO CITY ORDINANCE THIS LICENSE IS HEREBY GRANTED FOR THE TERM & PURPOSE STATED BUS DESCRIPTION GENERAL CONTRACTOR Date of Expiration -� CALIFORNIA �+ BUSINESS ADDRESS 930 BOARDWALK STE NATIONAL CIS' IY BUSINESS NAME ATTN. MAILING ADDRESS NON TRANSFERABLE DICK MILLER INC INCORPORATED 930 BOARDWALK STE H SAN MARCOS, CA 92078-2634 POST IN A CONSPICUOUS PLACE 1213112017 City Manager THIS DOCUMENT IS ALTERATION PROTECTED AND REFLECTS FLUORESCENT FIBERS UNDER UV LIGHT KEEP FOR YOUR RECORDS BUSINESS TAX RECEIPT License No. 108926 B $200.00 SB1186 $1.00 TOTAL $201.00 CONTRACTORS STATE LICENSE BOARD ACTIVE LICENSE �,..,.� 380204 ��. DICK MILLER INC ...coo o C12 A Eno', CORP Esratm Cob 06/30/2019 www.cslb.ca.gov WAIVER OF NOTICE OF ANNUAL MEETING OF SHAREHOLDERS OF DICK MILLER, INC. WE, the undersigned, being all of the shareholders of the Corporation, hereby agree and consent that the annual meeting of shareholders of the Corporation be held on the date and time and at the place designated hereunder, and do hereby waive all notice whatsoever of such meeting and of any adjournment or adjournments thereof. We do further agree and consent that any and all lawful business may be transacted at such meeting or at any adjournment or adjournments thereof as may be deemed advisable by any shareholder present thereat. Any business transacted at such meeting or at any adjournment or adjournments thereof shall be as valid and legal and of the same force and effect as if such meeting or adjourned meeting were held after notice. Place of Meeting: 249 E. Fourth Avenue, Escondido, CA 92025 Date of Meeting: November 20, 2015 Time of Meeting: 4:00 p.m. Dated: November 20, 2015 Glen Bullock, Shareholder Z:1L.undlaw\Client Folders\M-01Miller, Dick\DickMillerinc115 1120 SHAnnMtgWaiver.wpd Dick Miller, Inc. Page 1 of 1 November 20, 2015 WAIVER OF NOTICE OF SHAREHOLDERS ANNUAL MEETING MINUTES OF ANNUAL SHAREHOLDERS MEETING OF DICK MILLER, INC. November 20, 2015, 4:00 p.m., 249 E. Fourth Avenue, Escondido, CA 92025 The annual meeting of the shareholders of Dick Miller, Inc., a California corporation, was held at the principal office of the corporate attorney at 249 E. Fourth Avenue, Escondido, CA 92025 on November 20, 2015, at 4:00 p.m., the time and place prescribed by the bylaws for the purpose of electing a Board of Directors, considering reports of the affairs of the corporation, and transacting business within the powers of the shareholders. No notice of this meeting having been given in accordance with the By -Laws, signed Consent to Holding this meeting is attached to these minutes and a part hereof. Call to Order -Chairman and Secretary The meeting was called to order by Glen Bullock, President of the corporation. As authorized by the bylaws, the President presided as chairman of the meeting and acted as secretary of the meeting and recorded the minutes. Corporate counsel, James E. Lund was present. Validity of Meeting Call and notice of the meeting being dispensed with by the bylaws, and the meeting being held at the time and place prescribed by the bylaws, the chairman declared the meeting was lawfully and properly convened. Shareholders Present The following roll of holders of all of the issued and outstanding shares of the corporation was called and the Secretary declared that a quorum was present. Shareholder Roll of Shareholders Number of Shares Present Glen Bullock as trustee of the Glen F. 24,490 Yes Bullock and Aimee J. Bullock Family 2007 Trust Total 24,490 Z:U nndlaw\Client Folders\M-01Miller, Dick\DickMillerinc115 1120 SHAnnMtg.wpd Dick Miller, Inc. Page 1 of 3 November 20, 2015 MINUTES OF ANNUAL SHAREHOLDERS MEETING In order to qualify for SDVBO Federal Certification, the stock in corporation will be transferred from Glen Bullock as trustee of his trust to Glen Bullock, a married man, as sole and separate property. The secretary was directed to prepare a written waiver of notice, consent to meeting, and approval of minutes to be signed by each shareholder present or not present at the meeting and to be filed with the minutes. Approval of Prior Minutes On motion duly made, seconded, and carried the minutes of the annual meeting of shareholders held on December 8, 2014, were unanimously approved, after the reading of the minutes was dispensed with without objection. Annual Report The Chairman presented to the meeting an oral annual report of the corporation for the calendar year. A motion was duly made, seconded, and carried waiving reading of the annual report and a copy of the tax returns, in lieu of the annual report, may be filed with the minutes of this meeting. Nomination and Election of Directors The Chairman then called for nominations for directors to serve for one year and until their successors are elected and qualified. The Secretary nominated the following persons: (1) Glen Bullock The Chairman called for further nominations but none were made. The above persons were unanimously elected directors of the corporation. Ratification of Directors' Actions The Chairman then reported to the meeting the activities of the Board of Directors and proposed that the shareholders ratify those actions of the directors. Upon motion duly made, seconded and unanimously carried, the following resolution was adopted: RESOLVED, that all proceedings of the Board of Directors since the last meeting of the shareholders, and all acts taken by members of the Board of Directors or by officers of this corporation, are hereby ratified and approved in all respects. Resolutions The Chairman then reported to the meeting that the corporation has bank accounts with . Z:1Londlaw\Client Folders1M-OMiper, Dick\DickMillerinc\15 1120 SliA.nnMtg.wpd Dick Miller, Inc. Page 2 of 3 November 20, 2015 MINUTES OF ANNUAL SHAREHOLDERS MEETING Union Bank of California. Upon motion duly made, seconded and unanimously carried, the following resolution was adopted: RESOLVED, that the corporation ratify the continuance of its corporate bank accounts at Union Bank of California, Escondido location. FURTHER RESOLVED, that the corporation is authorized to continue its line of credit with Union Bank of California. Upon motion dulymade, seconded, and unanimously carried, the following resolutions were adopted: RESOLVED, that pursuant to the recommendation of corporate accountant, Kyle Kammerlander, CPA, AKT, INC., the corporation had converted from a "C" Corporation to an "S" corporation and that all profits will be distributed or retained as directed by the Board of Directors on an annual basis. RESOLVED, that the location of the next annual shareholders' meeting shall be at 249 E. Fourth Avenue, Escondido, CA 92025 in December of 2016 pursuant to notice. Adjournment There being no further business, the meeting was adjourned. -- —c • j3 Glen Bullock, Secretary Z:1Lundlaw\Client Folders\M-01Mi71er, Dick\DickMffierinc115 1120 SRAanMtg.wpd Dick Miller, Inc. Page 3 of 3 November 20, 2015 MINUTES OF ANNUAL SHAREHOLDERS MEETING EXHIBIT A CONTRACT DOCUMENTS Owner/Contractor Agreement Bid Schedule Addenda Plans Special Provisions (Specifications) City of National City Standard Drawings San Diego County Regional Standard Drawings Standard Specifications for Public Works Construction and Regional Supplements (Greenbook), current edition 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 Citywide Alley Improvements Project (CIP No. 16-11) Company Name City State ZipCode Country Contact Dick Miller Inc. San Marcos CA 92078 US Jeanalyn Grace Address Phone Fax Email Vendor Type 930 Boardwalk Suite H 760-471-6842 ext. 12 760-471-6178 jgrace@DMIUSA. net DGS,DVBE,CADIR Item No. Section Description Units Quantity Unit Price Line Total 1 Base Bid Mobilization LS 1 $45,811.00 $45,811.00 2 Base Bid Water Quality Control LS 1 $8,900.00 $8,900.00 3 Base Bid Traffic Control LS 1 $21,954.00 $21,954.00 4 Base Bid Clear and Grub LS 1 $48,703.93 $48,703.93 5 Base Bid Unclassified Excavation LS 1 $89,000.00 $89,000.00 6 Base Bid Remove and Re -Install Signs EA 4 $125.00 $500.00 7 Base Bid Construction Survey LS 1 $14,500.00 $14,500.00 8 Base Bid Construct 7.5" Concrete Pavement over 4" Base SF 26400 $9.95 $262,680.00 9 Base Bid Construct 7.0" Concrete Pavement over 4" Base SF 18400 $9.75 $179,400.00 10 Base Bid Construct 7.5" Concrete Alley Apron per SDRSD G-17 SF 1490 $12.50 $18,625.00 11 Base Bid Construct 7.0" Concrete Alley Apron per SDRSD G-17 SF 2620 $12.30 $32,226.00 12 Base Bid Construct Concrete Swale per SDRSD G- 13 SF 2140 $5.50 $11,770.00 13 Base Bid Construct Rip Rap per SDRSD D-40 LS 1 $3,900.00 $3,900.00 14 Base Bid Construct Ailey Cutoff Wall per SDRSD G-23 LS 1 $2,350.00 $2,350.00 15 Base Bid Grind and Overlay SF 1900 $6.75 $12,825.00 16 Base Bid Construct and Recompact Soil with Binder SF 9530 $4.50 $42,885.00 17 Base Bid Construct Retaining Curb LF 105 $59.00 $6,195.00 18 Base Bid Construct Curb Ramp Type D per SDRSD G-31 EA 23 $3,350.00 $77,050.00 Item No. Section Description Units Quantity Unit Price Line Total 19 Base Bid Construct 6" Curb per SDRSD G-1 LF 190 $34.00 $6,460.00 20 Base Bid Construct Rolled Curb LF 45 $49.00 $2,205.00 21 Base Bid Filterra Unit EA 2 $21,000.00 $42,000.00 22 Base Bid Field Orders LS 1 $10,000.00 $10,000.00 Subtotal $939,939.93 Total $939,939.93 Glen F. Bullock CORPORATE CERTIFICATE , certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that Glen F. Bullock who signed said contract on behalf of the Contractor, was then and is President / Secretary / Treasurer 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 l 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: Dick Miller Inc. STATE OF COUNTY OF PARTNERSHIP CERTIFICATE ) ss ) On this day of , 2017, before me, theyt5+464.gned, a Notary for said Countyand State,personally appeared: Public in and p Y pP O� eG a�� � (Notary Seal) known to me to eQ of the partners of the partnership that tecuted the within instrument, and acknowledged to me that such partnership uted the same. SignatttrW (Type or Print): (Notary Public in and for said County and State) My Commission expires: Bond No. 024070503 Premium: $8,822.00 PERFORMANCE BOND WHEREAS, the City Council of the City of National City, by Resolution No. 2017-169, passed the 5th day of September, 2017 has awarded to Dick Miller, Inc. , hereinafter designated as the "Principal", the CITYWIDE ALLEY IMPROVEMENT PROJECT, CIP No. 16- 11. 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 The Ohio Casualty 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 THRITY —NINE THOUSAND, NINE HUNDRED THRITY NINE AND NINETY THREE CENTS ($939,939,93) 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 20th day of Septembe , 2017. The Ohio Casualty Insurance ompany (SEAL) Dick Miller Inc. (SEAL) (SEAL) (SEAL) Bart Stewart, Attorney -in -Fact G/-an F.-Jam.//o Surety Principal (SEAL) THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No 6280778 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire. that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts. and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the'Companies°). pursuant to and by authority herein set forth. does hereby name, constitute and appoint. Bart Stewart: Brittany Aceves: Molly Cashman all of the city of Encinitas . state of CA each individually if there be more than one named, its true and lawful attorney -in -fact to make. execute, seal. acknowledge and deliver, for and on its behalf as surety and as its act and deed. any and all undertakings. bonds. recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 11 th day of September 2013 STATE OF WASHINGTON COUNTY OF KING ss By: American Fire and Casualty Company The Ohio Casualty Insurance Company Liberty Mutual Insurance Company West American Insurance Company Gregory W. Davenport, Assistant Secretary On this t t th day of September 2013 before me personally appeared Gregory W. Davenport, who acknowledged himself to be the Assistant Secretary of American Fire and Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Company. and West American Insurance Company, and that he. as such. being authorized so to do. execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Sea tle, Washington, on the day and year first above written. By: F-b KD Riley , Not Public This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of Amencan Fire and Casualty Company. The Ohio Casualty Insurance Company. Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV - OFFICERS - Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe. shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings. bonds, recognizances and other surety obligations. Such attorneys -in -fact. subject to the limitations set forth in their respective powers of attomey, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-in-fact under the provisions of this article may be revoked at any time by the Board. the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII - Execution of Contracts - SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president. and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute. seal. acknowledge and deliver as surety any and all undertakngs. bonds. recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney. shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation - The President of the Company. acting pursuant to the Bylaws of the Company, authorizes Gregory W. Davenport. Assistant Secretary to appoint such attomeys-in-fact as may be necessary to act on behalf of the Company to make, execute. seal. acknowledge and deliver as surety any and all undertakings. bonds. recognizances and other surety obligations. Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company. wherever appearing upon a certified copy of any power of attorney issued oy the Company in connection with suety bonds. shall be valid and binding upon the Company with the same force and effect as though manually affixed. I. David M. Carey, the undersigned. Assistant Secretary, of American Fire and Casualty Company. The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this day of20, . By: David M. Carey, Assistant Secretary LMS_12873_092012 336 of 500 ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California } County of San Diego } On 9/20/2017 before me, Brittany Aceves, Notary Public (Here insert name and title of the officer) personally appeared Bart Stewart who proved to me on the basis of satisfactory evidence to be the person(e) whose names)Is re subscribed to the within instrument and acknowledged to me that he/they executed the same in er/their authorized capacity(ies), and that by er/their signature(s) on the instrument the person(s), or the entity upon behalf of which the persons) 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. Note �� Signe • BRITTANY ACEVES Commission No. 204 569 n NOTARY PUBLIC - CALIFORNIA w SAN DIEGO COUNTY Commission Expires October 7, 2017 (Notary Public Seal) ADDITIONAL OPTIONAL INFORMAT ON DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) D Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2015 Version wlrw.NotaryClasses.com 800-873-9865 INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and, if needed. should be completed and attached to the document. Acknolwedgents from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they, is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. 4* Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.c. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple. 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 DIEOO OnS CFn1 26 2017 Date before me, VLtE RAE Ux LSgJI Nemo2y Fb L1C- Here Insert Name and Title of the Officer personally appeared ?E F. QoULC- Name7j of Signer 5 who proved to me on the basis of satisfactory evidence to be the personcgii whose nameM' is/ere subscribed to the within instrument and acknowledged to me that he/sHefthey executed the same in his/hgrltheirauthorized capacity(fes), and that by his/herAheir signaturecit) on the instrument the personV, 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. JULIE RAE WILSON Notary Public - California San Diego County Commission # 2194671 My Comm. Expires May 25, 2021 Place Notary Seal Above • WITNESS ,», d - . - icial seal. Signature Signature of Nota P .lic 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: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): ❑ Partner — C Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee 1-- Guardian or Conservator ❑ Trustee Guardian or Conservator n Other: ❑ Other: Signer Is Representing: Signer Is Representing: ©2016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Bond No. 024070503 Premium:Included in Perf. Bond PAYMENT BOND WHEREAS, the City Council of the City of National City, by Resolution No. 2017-169, passed the 5th day of September, 2017 has awarded Dick Miller, Inc., hereinafter designated as the "Principal", the CITYWIDE ALLEY IMPROVEMENT PROJECT, CIP NO. 16- 11. 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 The Ohio Casualty 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 THRITY —NINE THOUSAND, NINE HUNDRED THRITY NINE AND NINETY THREE CENTS ($939,939.93) 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 20th day of September 2017. The Ohio Casualty Insurance Company (SEAL) (SEAL) Bart Stewart, Attorney -in -Fact (SEAL) Surety Dick Miller Inc. (SEAL) -�--- 1--.. S EAL) A 13.4.-/ie e4 (SEAL) Principal s. t 1 • t• 1 • THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No 6280780 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire. that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the -Companies"). pursuant to and by authority herein set forth. does hereby name, constitute and appoint, Bart Stewart: Brittany Aceves: Molly Cashman all of the city of Encinitas . state of CA each individually if there be more than one named, its true and lawful attorney -in -fact to make. execute, seal. acknowledge and deliver. for and on its behalf as surety and as its act and deed. any and all undertakings. bonds. recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF. this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this llth day of September STATE OF WASHINGTON COUNTY OF KING ss 2013 By: American Fire and Casualty Company The Ohio Casualty Insurance Company Liberty Mutual Insurance Company West American Insurance Company Gregory W. Davenport, Assistant Secretary On this 11 th day of September , 2013 before me personally appeared Gregory W. Davenport, who acknowledged himself to be the Assistant Secretary of American Fire and Casualty Company. Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company. and that he, as such. being authorized so to do. execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Seattle. Washington, on the day and year first above written. By: F-b KD Riley , Notub Public This Power of Attomey is made and executed pursuant to and by authority of the following By-laws and Authorizations of Amencan Fire and Casualty Company. The Ohio Casualty Insurance Company. Liberty Mutual Insurance Company. and West Amencan Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV - OFFICERS - Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behaff of the Corporation to make. execute, seal. acknowledge and deliver as surety any and all undertakings. bones. recognizances and other surety obligations. Such attorneys -in -fact. subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed. such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII - Execution of Contracts - SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president. a-,c subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute. seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney. shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes Gregory W. Davenport, Assistant Secretary to appoint such attomeys-in-fact as may be necessary to act on behalf of the Company to make, execute. seal. acknowledge and deliver as surety any and all undertakings. bonds. recognizances and other surety obligations. Authorization - By unanimous consent of the Company's Board of Directors. the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company. wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I. David M. Carey, the undersigned. Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company. Liberty Mutual Insurance Company. and West Amencan Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full. true and correct copy of the Power of Attomey executed by said Companies, is in full force and effect and has not been revoked. m _ IN TESTIMONY WHEREOF. I have hereunto set my hand and affixed the seals of said Companies this day of, QQ r 201R- . By: David M. Carey Assistant Secretary LMS_12873_092012 338 of 500 ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California } County of San Diego On 9/20/2017 } before me, Brittany Aceves, Notary Public (Here insert name and title of the officer) personally appeared Bart Stewart who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is re subscribed to the within instrument and acknowledged to me that he/they executed the same in er/their authorized capacity(ies), and that by er/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 txie aft• correct. • official (Notary Public Seal) BRITTANY ACEVES Commission No. 2044569 NOTARY PUBLIC - CALIrORNIA SAN DIEGO COUNTY Commission Expires October 7, 2017 ADDITIONAL OPTIONAL INFORMAT ON DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2015 Version www.NotaryClasses.com 800-873-9865 INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and, if needed, should be completed and attached to the document. Acknolwedgents from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they, is /ere ) or circling the correct forms. Failure to correctly indicate -this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. fo Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. • Indicate title or type of attached document, number of pages and date. • Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple. 4 I \ I 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 WI DIECaO On 2G/2a r7 Date before me, ovus RAE w«sa i, NOTAvy PvBuC Here Insert Name and Title of the Officer personally appeared atEN F. EULLOC Name) of Signer(i) who proved to me on the basis of satisfactory evidence to be the person whose name( is/are- subscribed to the within instrument and acknowledged to me that he 4 y executed the same in his/laer,/thoir authorized capacity4ies), and that by his/tier their-signatureA on the instrument the person,), or the entity upon behalf of which the person( acted, executed the instrument. JULIE RAE WILSON Notary Public - California San Diego County Commission # 2194671 My Comm. Expires May 25, 2021 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS mvliand and official se Signature OPTIONAL V 1 , 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: Signer's Name: ❑ Corporate Officer — Title(s): C Corporate Officer — Title(s): El Partner — El Limited ❑ General C Partner — C Limited ❑ General ❑ Individual ❑ Attorney in Fact E Individual ❑ Attorney in Fact ❑ Trustee LI Guardian or Conservator L Trustee ❑ Guardian or Conservator ❑ Other: El Other: Signer Is Representing: Signer Is Representing: 02016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 14WRL DICKMIL-01 MEGANSEITZ CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYY) 9/20/2017 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 NFP Property & Casualty Services, Inc. 6165 Greenwich Dr Suite 200 San Diego, CA 92122 INSURED Dick Miller, Inc. 930 Boardwalk Suite H & G San Marcos, CA 92078 ERAGE ERTIFICATE NUMBER: CONTACT PiE_A Co,"r o, Ext): (858) 869-8300 ADDRESS* INSURER(S) AFFORDING COVERAGE FAX 858 869-8301 (A1C, No): ( ) INSURER A : Associated Industries Ins Company NAIC # 23140 INSURER B : Ohio Casualty Insurance Co INSURER c : TOPA Insurance 24074 18031 INSURER D : INSURER E : INSURER F : 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 POLICY EFF (MM/DDIYYYY) POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR X X AES1024806 11/06/2016 11/0612017 DAMAGETORENTED PREMISES (Ea occurcence) $ 100,000 MED EXP (Any one person) $ PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMITRaAPPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X JECT LOC PRODUCTS - COMP/OP AGG $ 2,000,000 OTHER: $ B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) 1,000,000 $ X ANY AUTO X X BA056331886 01/25/2017 01/25/2018 BODILYINJURY(Perperson) $ OWNED AUTOS ONLY SCHEDULED AUTOS BODILY INJURY (Per accident) $ S ONLY NON-OWNEDPROPERTYDAMAGEAUTO OONLY (raccident) $ $ C X UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 4,000,000 EXCESSLIAB CLAIMS -MADE XL660748701 11/06/2016 11/06/2017 AGGREGATE $ 4,000,000 DED RETENTION S $ WORKERS COMPENSATION ANDEMPLOYERS' LIABILITY PER OTH- ER ANY PROPRIETOR/PARTNER/EXECUTIVE Y / N -_STATUTE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED' (Mandatory in NH) N 1 A E.L. DISEASE - EA EMPLOYEE $ If yes describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) Re: Job: Citywide Alley Improvements, CIP No. 16-11. City of National City and its elected officials, officers, emp oyees, agents, representatives, consultants, contract employees and volunteers are named as additional insureds as respects to General Liability per forms CG2033 07/04 and CG2037 07/04 and per the attached CA8810 01 13 form in regards to Auto Liability. Primary and Non -Contributory wording applies per form NXGL009 08/09 regarding General Liability. Waiver of Subrogation applies per the attached CG2404 05/09 form in regards to General Liability Only. Waiver of Subrogation applies per the attached CA8810 01 13 form in regards to Auto Liability. Per Project Aggregate applies per the attached NXGL093 0809 form regarding General Liability. 30 Days Notice of Cancellation applies per the attached endorsement regarding General Liability. 30 Days Notice of Cancellation applies per the attached CA 88 63 09 12 endorsement regarding Auto Liability. CERTIFICATE HOLDER CANCELLATION City of National City Stephen Manganiello, Director of Public Works/City Engineer 1243 National City Blvd National City, CA 91950 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Policy Number: BA056331886 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 RECOVERY AGAINST OTHERS TO US 20 SECTION II - LIABILITY COVERAGE is amended as follows: 1. BROAD FORM INSURED SECTION II - LIABILITY COVERAGE, paragraph A.1. - WHO IS AN INSURED is amended to include the following as an insured: d. Any legally incorporated entity of which you own more than 50 percent of the voting stock during the policy period. However, "insured" does not include any organization that: (1) Is a partnership or joint venture; or (2) Is an insured under any other automobile policy; or (3) Has exhausted its Limit of Insurance under any other automobile policy. Paragraph d. (2) of this provision does not apply to a policy written to apply specifically in excess of this policy. e. Any organization you newly acquire or form, other than a partnership or joint venture, of which you own more than 50 percent of the voting stock. This automatic coverage is afforded only for 180 days from the date of acquisition or formation. However, coverage under this provision does not apply: (1) If there is similar insurance or a self -insured retention plan available to that organization; CA 88 10 01 13 © 2013Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 7 Policy Number: BA056331886 (2) If the Limits of Insurance of any other insurance policy have been exhausted; or (3) To "bodily injury" or "property damage" that occurred before you acquired or formed the organization. 2. EMPLOYEES AS INSUREDS SECTION II - LIABILITY COVERAGE, paragraph A.1. - WHO IS AN INSURED is amended to include the following as an insured: f. Any "employee" of yours while using a covered "auto" you do not own, hire or borrow, but only for acts within the scope of their employment by you. Insurance provided by this endorse- ment is excess over any other insurance available to any "employee". g. An "employee" of yours while operating an "auto" hired or borrowed under a written contract or agreement in that "employee's" name, with your permission, while performing duties re- lated to the conduct of your business and within the scope of their employment. Insurance provided by this endorsement is excess over any other insurance available to the "employee". 3. ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT SECTION II - LIABILITY COVERAGE, paragraph A.1. - WHO IS AN INSURED is amended to include the following as an insured: h. Any person or organization with respect to the operation, maintenance or use of a covered "auto", provided that you and such person or organization have agreed in a written contract, agreement, or permit issued to you by governmental or public authority, to add such person, or organization, or governmental or public authority to this policy as an "insured". However, such person or organization is an "insured": (1) Only with respect to the operation, maintenance or use of a covered "auto"; (2) Only for "bodily injury" or "property damage" caused by an "accident" which takes place after you executed the written contract or agreement, or the permit has been issued to you; and (3) Only for the duration of that contract, agreement or permit 4. SUPPLEMENTARY PAYMENTS SECTION II - LIABILITY COVERAGE, Coverage Extensions, 2.a. Supplementary Payments, para- graphs (2) and (4) are replaced by the following: (2) Up to $3,000 for cost of bail bonds (including bonds for related traffic violations ) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the insured at our request, including actual loss of earn- ings up to $500 a day because of time off from work. 5. AMENDED FELLOW EMPLOYEE EXCLUSION In those jurisdictions where, by law, fellow employees are not entitled to the protection afforded to the employer by the workers compensation exclusivity rule, or similar protection, the following provision is added: SECTION II - LIABILITY, exclusion B.5. FELLOW EMPLOYEE does not apply if the "bodily injury" results from the use of a covered "auto" you own or hire. SECTION III - PHYSICAL DAMAGE COVERAGE is amended as follows: 6. HIRED AUTO PHYSICAL DAMAGE Paragraph A.4. Coverage Extensions of SECTION III - PHYSICAL DAMAGE COVERAGE, is amended by adding the following: If hired "autos" are covered "autos" for Liability Coverage, and if Comprehensive, Specified Causes of Loss or Collision coverage are provided under the Business Auto Coverage Form for any "auto" you own, then the Physical Damage coverages provided are extended to "autos": a. You hire, rent or borrow; or CA 88 10 01 13 © 2013 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 7 Policy Number: BA056331886 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) (2) (3) $50,000; or The actual cash value of the damaged or stolen property as of the time of the "loss"; or The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality, minus a deductible. B. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. C. Subject to the limit, deductible and excess provisions described in this provision, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. D. Subject to a maximum of $1,000 per "accident", we will also cover the actual loss of use of the hired "auto" if it results from an "accident", you are legally liable and the lessor incurs an actual financial loss. E. This coverage extension does not apply to: (1) Any "auto" that is hired, rented or borrowed with a driver; or (2) Any "auto" that is hired, rented or borrowed from your "employee". For the purposes of this provision, SECTION V - DEFINITIONS is amended by adding the following: "Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. 7. TOWING AND LABOR SECTION III - PHYSICAL DAMAGE COVERAGE, paragraph A.2. Towing, is amended by the addition of the following: We will pay towing and labor costs incurred, up to the limits shown below, each time a covered "auto" classified and rated as a private passenger type, "light truck" or "medium truck" is dis- abled: a. For private passenger type vehicles, we will pay up to $50 per disablement. b. For "light trucks", we will pay up to $50 per disablement. "Light trucks" are trucks that have a gross vehicle weight (GVW) of 10,000 pounds or less. c. For "medium trucks" , we will pay up to $150 per disablement. "Medium trucks" are trucks that have a gross vehicle weight (GVW) of 10,001 - 20,000 pounds. However, the labor must be performed at the place of disablement. 8. PHYSICAL DAMAGE - ADDITIONAL TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a., Coverage Extension of SECTION III - PHYSICAL DAMAGE COVERAGE, is amend- ed to provide a limit of $50 per day and a maximum limit of $1,500 CA 88 10 01 13 ® 2013 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 7 Policy Number: BA056331886 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: CA88100113 © 2013 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 7 Policy Number: BA056331886 Exclusion 4.c. and 4.d. do not apply to: a. Electronic equipment that receives or transmits audio, visual or data signals, whether or not designed solely for the reproduction of sound, if the equipment is permanently installed in the covered "auto" at the time of the "loss" and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto" and physical damage coverages are provided for the covered "auto"; or If the "loss" occurs solely to audio, visual or data electronic equipment or accessories used with this equipment, then our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by a $100 deductible. 14. LOAN / LEASE GAP COVERAGE A. Paragraph C., LIMIT OF INSURANCE of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by adding the following: The most we will pay for a "total loss" to a covered "auto" owned by or leased to you in any one "accident" is the greater of the: 1. Balance due under the terms of the loan or lease to which the damaged covered "auto" is subject at the time of the "loss" less the amount of: a. Overdue payments and financial penalties associated with those payments as of the date of the "loss", b. Financial penalties imposed under a lease due to high mileage, excessive use or ab- normal wear and tear, c. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease, d. Transfer or rollover balances from previous loans or leases, e. Final payment due under a "Balloon Loan", f. The dollar amount of any unrepaired damage which occurred prior to the "total loss" of a covered "auto", g. Security deposits not refunded by a lessor, h. All refunds payable or paid to you as a result of the early termination of a lease agreement or as a result of the early termination of any warranty or extended service agreement on a covered "auto", i. Any amount representing taxes, j. Loan or lease termination fees; or 2. The actual cash value of the damage or stolen property as of the time of the "loss". An adjustment for depreciation and physical condition will be made in determining the actual cash value at the time of the "loss". This adjustment is not applicable in Texas. B. ADDITIONAL CONDITIONS This coverage applies only to the original loan for which the covered "auto" that incurred the loss serves as collateral, or lease written on the covered "auto" that incurred the loss. C. SECTION V - DEFINTIONS is changed by adding the following: As used in this endorsement provision, the following definitions apply: "Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. A "balloon loan" is one with periodic payments that are insufficient to repay the balance over the term of the loan, thereby requiring a large final payment. CA 88 10 01 13 © 2013Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 7 Policy Number: BA056331886 15. GLASS REPAIR- WAIVER OF DEDUCTIBLE Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: No deductible applies to glass damage if the glass is repaired rather than replaced. 16. PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: The deductible does not apply to "loss" caused by collision to such covered "auto" of the private passenger type or light weight truck with a gross vehicle weight of 10,000 lbs. or less as defined by the manufacturer as maximum loaded weight the "auto" is designed to carry while it is: a. In the charge of an "insured"; b. Legally parked; and c. Unoccupied. The "loss" must be reported to the police authorities within 24 hours of known damage. The total amount of the damage to the covered "auto" must exceed the deductible shown in the Declarations. This provision does not apply to any "loss" if the covered "auto" is in the charge of any person or organization engaged in the automobile business. 17. TWO OR MORE DEDUCTIBLES Under SECTION III PHYSICAL DAMAGE COVERAGE, if two or more company policies or coverage forms apply to the same accident, the following applies to paragraph D. Deductible: a. If the applicable Business Auto deductible is the smaller (or smallest) deductible it will be waived; or b. If the applicable Business Auto deductible is not the smaller (or smallest) deductible it will be reduced by the amount of the smaller (or smallest) deductible; or c. If the loss involves two or more Business Auto coverage forms or policies the smaller (or smallest) deductible will be waived. For the purpose of this endorsement company means any company that is part of the Liberty Mutual Group. SECTION IV - BUSINESS AUTO CONDITIONS is amended as follows: 18. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV- BUSINESS AUTO CONDITIONS, Paragraph B.2. is amended by adding the following: If you unintentionally fail to disclose any hazards, exposures or material facts existing as of the inception date or renewal date of the Business Auto Coverage Form, the coverage afforded by this policy will not be prejudiced. However, you must report the undisclosed hazard of exposure as soon as practicable after its discovery, and we have the right to collect additional premium for any such hazard or exposure. 19. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT, OR LOSS SECTION IV - BUSINESS AUTO CONDITIONS, paragraph A.2.a. is replaced in its entirety by the following: a. In the event of "accident", claim, "suit" or "loss", you must promptly notify us when it is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. Member, if you are a limited liability company; 4. An executive officer or the "employee" designated by the Named Insured to give such notice, if you are a corporation. CA 88 10 01 13 © 2013 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 7 Policy Number: BA056331886 To the extent possible, notice to us should include: (1) How, when and where the "accident" or "loss" took place; (2) The "insureds" name and address; and (3) The names and addresses of any injured persons and witnesses. 20. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION IV - BUSINESS AUTO CONDITIONS, paragraph A.5., Transfer of Rights of Recovery Against Others to Us, is amended by the addition of the following: If the person or organization has waived those rights before an "accident" or "loss", our rights are waived also. 21. HIRED AUTO COVERAGE TERRITORY SECTION IV - BUSINESS AUTO CONDITIONS, paragraph B.7., Policy Period, Coverage Territory, is amended by the addition of the following: f. For "autos" hired 30 days or less, the coverage territory is anywhere in the world, provided that the insured's responsibility to pay for damages is determined in a "suit", on the merits, in the United States, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. This extension of coverage does not apply to an "auto" hired, leased, rented or borrowed with a driver. SECTION V - DEFINITIONS is amended as follows: 22. BODILY INJURY REDEFINED Under SECTION V - DEFINTIONS, definition C. is replaced by the following: "Bodily injury" means physical injury, sickness or disease sustained by a person, including mental anguish, mental injury, shock, fright or death resulting from any of these at any time. COMMMON POLICY CONDITIONS 23. EXTENDED CANCELLATION CONDITION COMMON POLICY CONDITIONS, paragraph A. - CANCELLATION condition applies except as fol- lows: If we cancel for any reason other than nonpayment of premium, we will mail to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. This provision does not apply in those states which require more than 60 days prior notice of cancella- tion. CA88100113 ® 2013 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 7 Policy Number: BA056331886 COMMERCIAL AUTO CA 88 63 09 12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF CANCELLATION PROVISIONS Any term or provision of the Cancellation Conditions of the policy or any endorsement amending or replac- ing such Conditions is amended by the following: A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the person or organization shown in the Schedule below. In no event will the notice to the person or organization scheduled below exceed the notice to the first named insured. B. Our obligation to send notice to the person or organization listed in the Schedule below will terminate at the earlier of the current policy period expiration or when you no longer have a legal or contractual obligation to such person or organization to maintain insurance coverage under a policy which requires that such person or organization be notified in the event of cancellation. SCHEDULE 1. Name or Person or Organization: CITY OF NATIONAL CITY 2. Mailing Address: 1243 NATIONAL CITY BLVD, NATIONAL CITY, CA 91950 3. Number Days Advance Notice: 30 All other terms and conditions of this policy remain unchanged CA 88 63 09 12 © 2012 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 Policy Number: AES1024806 COMMERCIAL GENERAL LIABILITY CG20330704 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to include as an additional insured any person or or- ganization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an addi- tional insured on your policy. Such person or or- ganization is an additional insured only with re- spect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are com- pleted. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury arising out of the render- ing of, or the failure to render, any professional architectural, engineering or surveying servic- es, including: a. The preparing, approving, or failing to pre- pare or approve, maps, shop drawings, opi- nions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. 2. "Bodily injury or "property damage" occurring after: a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than ser- vice, maintenance or repairs) to be per- formed by or on behalf of the additional in- sured(s) at the location of the covered operations has been completed; or b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontrac- tor engaged in performing operations for a principal as a part of the same project. CG 20 33 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 0 POLICY NUMBER: AES1024806 COMMERCIAL GENERAL LIABILITY NX GL 009 08 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON-CONTRIBUTING INSURANCE (THIRD -PARTY) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Third Party: All persons or organizations where required by written contract with the Named Insured (Absence of a specifically named Third Party above means that the provisions of this endorsement apply as required by written contractual agreement with any Third Party for whom you are performing work.) Paragraph 4. of SECTION IV: COMMERCIAL GENERAL LIABILITY CONDITIONS is replaced by the following: 4. Other Insurance: With respect to the Third Party shown above, this insurance is primary and non-contributing. Any and all other valid and collectable insurance available to such Third Party in respect of work performed by you under written contractual agreements with said Third Party for loss covered by this policy, shall in no instance be considered as primary, co-insurance, or contributing insurance. Rather, any such other insurance shall be considered excess over and above the insurance provided by this policy. NX GL 009 08 09 Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission POLICY NUMBER: AES1024806 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: All persons or organizations where required by written contract with the Named Insured 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: AES1024806 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION — CERTIFICATE HOLDERS (SPECIFIED DAYS) The person(s) or organization(s) listed or described in the Schedule below have requested that they receive written notice of cancellation when this policy is cancelled by us. We will mail or deliver to the Person(s) or Organization(s) listed or described in the Schedule a copy of the written notice of cancellation that we sent to you. If possible, such copies of the notice will be mailed at least 30 days, except for cancellation for non-payment of premium which will be mailed 10 days, prior to the effective date of the cancellation, to the address or addresses of certificate holders as provided by your broker or agent. Schedule Person(s) or Organization(s) including mailing address: All certificate holders where written notice of the cancellation of this policy is required by written contract, permit or agreement with the Named Insured and whose names and addresses will be provided by the broker or agent listed in the Declarations Page of this policy for the purposes of complying with such request. This notification of cancellation of the policy is intended as a courtesy only. Our failure to provide such notification to the person(s) or organization(s) shown in the Schedule will not extend any policy cancellation date nor impact or negate any cancellation of the policy. This endorsement does not entitle the person(s) or organization(s) listed or described in the Schedule above to any benefit, rights or protection under this policy. Any provision of this endorsement that is in conflict with a statute or rule is hereby amended to conform to that statute or rule. All other terms and conditions of this policy remain unchanged. POLICY NUMBER: AES1024806 COMMERCIAL GENERAL LIABILITY NX GL 093 08 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT - AGGREGATE LIMITS OF INSURANCE (PER PROJECT) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Schedule Subject to an Overall Policy Aggregate Limit: $5,000,000 (Information required to complete this Schedule, if not shown above, will be shown in Declarations.) A. Paragraphs 2. and 3. of SECTION III — LIMITS OF INSURANCE are replaced by the following: 2. The Overall Policy Aggregate Limit is the most we will pay for the sum of a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard"; and c. Damages under Coverage B. 3. The Products -Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products -completed operations hazard" to each of your projects away from premises owned by or rented to you. B. The following is added to SECTION III — LIMITS OF INSURANCE: 8. Subject to Paragraph 2. and 3. above, the General Aggregate Limit is the most we will pay under for the sum Coverage A, Coverage B, or Coverage C to each of your projects away from premises owned by or rented to you. NX GL 093 08 09 Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission ACO CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 8/22/2017 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 be endorsed. If SUBROGRATION 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 Willis Towers Watson 12980 Metcalf Ave Suite 500 Overland Park KS 66213 CONTACT NAME: San Diego PHONE (A/C, No Ext): (858) 314-1100 FAX (A/C, NO): (360) 828-0699 EMAIL ADDRESS: EIke.Wohlgemuth@bbsihq.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: ACE American Insurance Company 22667 INSURED Barrett Business Services, Inc. UC/F DICK MILLER, INC. 930 BOARDWALK, SUITE H SAN MARCOS, CA 92078 INSURER B: — INSURER C: INSURER D: INSURER E: 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 ISSUES OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF (MMMDD/YYYY) POLICY EXP (MMMDD/YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES (Ea occurence) $ CLAMS -MADE OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ POLICY PROD- ECT LOC g AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ ANY AUTO BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB OCCUR AGGREGATE $ DED RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY VAN N / A X RWC C48826349 Covered states: CA 10/01/16 10/01/2017 ✓ WC STATU- TORY LIMITS OTH- ER ANY PROPRIETOR/PARTNER/ EXECUTIVE OFFICER/MEMBER EXCLUDED? Y E.L. EACH ACCIDENT $2,000,000 E.L. DISEASE - EA EMPLOYEE $2,000,000 (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is equired) In the event of any payment under this policy for a Loss for which the named insured has waived the right of recovery in a written contract entered into prior to the Loss, insurer hereby agrees to also waive our right of recovery but only with respect to such Loss. CERTIFICATE HOLDER CANCELLATION Cityof National CityEXPIRATION 1243 National City Boulevard National City Ca 91950-4397 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE DATA THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Authorized /� Rep • .... fYS ACORD 25 (2010/05) c) 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD. AGENCY CUSTOMER ID: LOC: #: ACO ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY Arrowhead General Insurance Agency POLICY NUMBER RWC C48826349 CARRIER ACE American Insurance Company NAIC CODE 22667 NAMED INSURED: Barrett Business Services, Inc. UC/F DICK MILLER, INC. 930 BOARDWALK, SUITE H SAN MARCOS, CA 92078 EFFECTIVE DATE: 10/01/16 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability (01/14) CERTIFICATE HOLDER: City of National City ADDRESS: 1243 National City Boulevard National City Ca 91950-4397 RE: Citywide Alley Improvements Project, CIP No. 16-11. 30 day notice of cancellation will be provied when possible. ACORD 101 (2008/01) c) 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD. Workers' Compensation and Employers' Liability Policy Named Insured BARRETT BUSINESS SERVICES, INC. L/C/F DICK MILLER, INC. 8100 NE PARKWAY DRIVE, STE. 200 VANCOUVER WA 98662 Endorsement Number Policy Number Symbol: RWC Number: C48826349 Policy Period 10-01-2016 TO 10-01-2017 Effective Date of Endorsement 10-01-2016 Issued By (Name of Insurance Company) ACE AMERICAN INSURANCE COMPANY Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. CALIFORNIA WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because California is shown in Item 3.A. of the Information Page. 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, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule, where you are required by a written contract to obtain this waiver from us. You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. Schedule 1. ( ) Specific Waiver Name of person or organization: ( X ) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL CALIFORNIA OPERATIONS 3. Premium: The premium charge for this endorsement shall be 2 . 0 percent of the California premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Minimum Premium : $ 0 Authorized Agent WC 99 03 22 THIS DOCUMENT HAS A TRUE DOCUCHECK'" WATERMARK AND VISIBLE FIBERS DISCERNIBLE FROM BOTH SIDES 65276 BUSINESS LICENSE CERTIFICATE CITY OF NATIONAL CITY PURSUANT TO CITY ORDINANCE THIS LICENSE IS HEREBY GRANTED FOR THE TERM & PURPOSE STATED BUS DESCRIPTION BUSINESS ADDRESS 10240 SAN SEVAINEOTIONAL CI i BUSINESS NAME ATTN: MAILING ADDRESS NON TRANSFERABLE CALIFORNIA PAVEMENT RECYCLING SYST freATED 10240 SAN SEVAINE WAY MIRA LOMA, CA 91752-1100 POST IN A CONSPICUOUS PLACE Date of Expiration: 12/31/2017 City Manager KEEP FOR YOUR RECORDS BUSINESS TAX RECEIPT License No. 65276 B $200.00 SB1186 $1.00 TOTAL $201.00 THIS DOCUMENT IS ALTERATION PROTECTED AND REFLECTS FLUORESCENT FIBERS UNDER UV LIGHT RESOLUTION NO. 2017 — 169 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO DICK MILLER, INC. IN THE NOT -TO -EXCEED AMOUNT OF $939,939.93 FOR THE CITYWIDE ALLEY IMPROVEMENTS PROJECT (CIP NO. 16-11), AUTHORIZING A 15% CONTINGENCY IN THE AMOUNT OF $140,990.99 FOR ANY UNFORESEEN CHANGES, AND AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT WHEREAS, the Citywide Alley Improvements Project (the "Project") includes reconstructing eight existing alleys subject to drainage issues with new concrete alleys, recompacting/soil stabilization for two dirt alleys, and installation of pedestrian curb ramps for American with Disabilities Act ("ADA") compliance. WHEREAS, on August 22, 2017, the Engineering Department, publicly opened, examined, and declared six (6) sealed bids for the Project; and WHEREAS, Dick Miller, Inc., was the lowest responsive bidder qualified to perform the work as described in the project specifications with a total bid amount of $939,939.93; and WHEREAS, a 15% contingency amount up to $140,990.99 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 Citywide Alley Improvements Project to the lowest responsive, responsible bidder, to wit: DICK MILLER, INC. BE IT FURTHER RESOLVED by the City Council that the Mayor is hereby authorized to execute on behalf of the City a contract in the not to exceed amount of $939,939.93 with Dick Miller, Inc., for the Citywide Alley 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 $140,990.99 for any unforeseen changes to the Project. PASSED and ADOPTED this 5th day of September, 2017. ATTEST: 1' Mic ael R. DaII_�% ity Clerk Ron Morrison, Mayor APPROVED AS TFORM: /g kivAP�i>'/ An.' ris-Jones Ci , A p .rney 0 Passed and adopted by the Council of the City of National City, California, on September 5, 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 4 Clerk of the City CityNational City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2017-169 of the City of National City, California, passed and adopted by the Council of said City on September 5, 2017. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT e2Y10- t3 MEETING DATE: September 5, 2017 AGENDA ITEM NO. 12 M TITLE: Resolution of the City Council of the City of National City, 1) awarding a contract to Dick Miller, Inc. in the not -to -exceed amount of $939,939.93 for the Citywide Alley Improvements Project, CIP No. 16-11; 2) authorizing a 15% contingency in the amount of $140,990.99 for any unforeseen changes; and 3) authorizing the Mayor to execute the contract. PREPARED BY: Jose Lopez, Assistant Engineer - Civil PHONE: 619-336-4312 EXPLANATION: See attached. DEPARTMENT: Engineering/Public Works APPROVED BY: 2 `ANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: Contract Award (funds available through prior City Council appropriations) 1001-409-500-598-6035: $600,000.00 001-409-500-598-6573: $339,939.93 15% Contingency (funds available through prior City Council appropriations) 001-409-500-598-6573: $140,990.99 No additional appropriations required.; ENVIRONMENTAL REVIEW: CEQA Notice of Categorical Exemption will be filed with County Recorder's Office prior to starting construction. Finance MIS ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt Resolution awarding a contract to Dick Miller, Inc. in the not -to -exceed amount of $939,939.93 for the Citywide Alley Improvements Project, CIP No. 16-11. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation w/ Exhibit 2. Bid Opening Summary 3. Three Lowest Bidders Summary 4. Resolution /�,soiafrG� ,- -2617- I69 EXPLANATION The project includes reconstructing eight existing alleys subject to drainage issues with new concrete alleys, recompacting / soil stabilization for two dirt alleys (see Locations 10 and 11 on the attached project location map), and installation of pedestrian curb ramps for American with Disabilities Act (ADA) compliance. On August 2, 2017, the bid solicitation was posted on PlanetBids, a free public electronic bidding system for contractors. On August 3, 2017 and August 10, 2017, the bid solicitation was advertised in local newspapers. On August 22, 2017, six (6) bids were received electronically on PlanetBids by the 11:00 a.m. deadline. Bid results were available immediately after the 11:00 a.m. deadline. Dick Miller, Inc. was the apparent lowest bidder with a total bid amount of $939,939.93 as the basis of award. Upon review of all documents submitted, Dick Miller, 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 Dick Miller, Inc. in the not -to - exceed amount of $939,939.93. Staff also recommends authorizing a 15% contingency in the amount of $140,990.99 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. The contractor will determine construction phasing (i.e. which alleys are completed first, second, third, etc.) Construction is estimated to be completed in March 2018. Updates will be provided on the City's CIP website at: nationalcityprojects.com. • Location 3, f',!,nse aid) Location 1: Alley east of Grove Street between E. 18th Street and E. 20th Street Alley serves as only point of access for multiple properties; garage access through alley Dirt alley; ponding/drainage issues Location 2: Alley east of Prospect Street between E. 18th Street and E. 20th Street • Alley serves as only point of access for multiple properties; garage access through alley • Ponding/drainage issues Location 3 (omitted): Alley north of E. 5th Street between A Avenue and B Avenue • Garage access through alley • Dirt alley; ponding/drainage issues • Removed from project due to site constraints / high costs; will be considered as future CIP project Location 4: Alley east of F Avenue between E. 5th Street and E. 6th Street • Garage access through alley • Ponding/drainage issues Location 5: Alley north of E. 23rd Street between K Avenue and L Avenue • Dirt alley; ponding/drainage issues 0 Location 6: Alley north of E. 24th Street between J Avenue and K Avenue • Garage access through alley • Dirt alley; ponding/drainage issues Location 7: Alley east of G Avenue between E. 5th Street and E. 6th Street • Alley serves as only point of access for multiple properties • Ponding/drainage issues Location 8: Alley east of I Ave between E. 7th Street and E. 8th Street • Alley serves as only point of access for multiple properties; garage access through alley • Ponding/drainage issues Location 9: Alley east of National City Blvd between E. 17th Street and E. 18th Street • Alley serves as only point of access for multiple properties; garage access through alley • Ponding/drainage issues Location 10: Alley east of B Avenue and south of E. 27th Street • Garage access through alley • Dirt alley; ponding/drainage issues • Project will provide recompacting / soil stabilization only Location 11: Alley east of B Avenue between E. 30th Street and E. 315t Street • Garage access through alley • Dirt alley; ponding/drainage issues • Project will provide recompacting / soil stabilization only NAME: CIP NO: DATE: TIME: -0-, CALIFORNIA 1 'l NAL C'i' ''y I�CORPORATEO BID OPENING RESULTS CITYWIDE ALLEY IMPROVEMENTS PROJECT 16-11 Tuesday, August 22, 2017 11:00 A.M. ESTIMATE: $1,000,000 PROJECT ENGINEER: Kuna Muthusamy, P.E. NO. BIDDER'S NAME BID AMOUNT* ADDENDA BID SECURITY -BOND 1 Dick Miller, Inc. 930 Boardwalk Suite H San Marcos, CA 92078 $939,939.93 N/A Bond 2 Crest Equipment, Inc. 161 Scottford Dr El Cajon, CA 92021 $982,742.50 N/A Bond 3 Tri-Group Construction and Development, Inc. 9580 Black Mountain Rd. Suite L, San Diego, CA 92126 $984,775.00 N/A Bond 4 Palm Engineering Construction Company, Inc. 7330 Opportunity Rd #J San Diego, CA 92111 $992,350.00 N/A Bond 5 PAL General Engineering, Inc. 10675 Treena Street, Suite 103 San Diego, CA 92131 $1,064,003.00 N/A Bond 6 C.S. Legacy Construction, Inc. 1461 S East End Ave Pomona, CA 91766 $1,259,195.00 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. ** Bids are being reviewed for responsiveness. -13- Bid Results for Project Citywide Alley Improvements Project, CIP No. 16-11 Dick Miller Inc. Inc. Crest Equipment, 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 1 Mobilization LS 1 $45,811.00 $45,811.00 $30,000.00 $30,000.00 $29,000.00 $29,000.00 2 Water Quality Control LS 1 $8,900.00 $8,900.00 $10,000.00 $10,000.00 $14,000.00 $14,000.00 3 Traffic Control LS 1 $21,954.00 $21,954.00 $7,500.00 $7,500.00 $21,000.00 $21,000.00 4 Clear and Grub LS 1 $48,703.93 7 $48,703.93 $19,750.00 $19,750.00 $80,000.00 $80,000.00 5 Unclassified Excavation LS 1 $89,000.00 $89,000.00 $38,500.00 $38,500.00 $80,000.00 $80,000.00 6 Remove and Re -Install Signs EA 4 $125.00 $500.00 $400.00 $1,600.00 $250.00 $1,000.00 7 Construction Survey LS 1 $14,500.00 $14,500.00 $42,000.00 $42,000.00 $34,000.00 $34,000.00 8 Construct 7,5' Concrete Pavement over 4" Base SF 26,400 $9.95 $262,680.00 $12.25 $323,400.00 $10.50 $277,200.00 9 Construct 7.0" Concrete Pavement over 4" Base SF 18,400 $9.75 $179,400.00 $11.75 $216,200.00 $10.00 $184,000.00 10 Construct 7.5" Concrete Alley Apron per SDRSD G-17 SF 1,490 $12.50 $18,625.00 $10.25 $15,272.50 $10.50 $15,645.00 11 Construct 7.0" Concrete Alley Apron per SDRSD G-17 SF 2,620 $12.30 $32,226.00 $9.75 $25,545.00 $10.00 $26,200.00 1.2 Construct Concrete Swale per SDRSD G-13 SF 2,140 $5.50 $11,770.00 $15.00 $32,100.00 $10.50 $22,470.00 13 Construct Rip Rap per SDRSD D-40 L5 1 $3,900.00 $3,900.00 $4,500.00 $4,500.00 $4,000.00 $4,000.00 Dick Miller Inc. Inc. Crest Equipment, 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) 14 Construct Alley Cutoff Wall per SDRSD G-23 LS 1 $2,350.00 $2,350.00 $4,800.00 $4,800.00 $6,000.00 $6,000.00 15 Grind and Overlay SF 1,900 $6.75 $12,825.00 $7.00 $13,300.00 $7.50 $14,250.00 16 Construct and Recompact Soil with Binder SF 9,530 $4.50 $42,885.00 $1.50 $14,295.00 $4.50 $42,885.00 17 Construct Retaining Curb LF 105 $59.00 $8,195.00 $95.00 $9,975.00 $55.00 $5,775.00 18 Construct Curb Ramp Type D per SDRSD G-31 EA 23 $3,350.00 $77,050.00 $3,675.00 $84,525.00 $2,500.00 $57,500.00 ;, 19 Construct 6" Curb per SDRSD G-1 LF 190 $34.00 $6,460.00 $39.00 $7,410.00 $30.00 $5,700.00 20 Construct Rolled Curb LF 45 $49.00 $2,205.00 $46.00 $2,070.00 $70.00 $3,150.00 21 Filterra Unit EA 2 $21,000.00 $42,000.00 $35,000.00 $70,000.00 $25,500.00 $51,000.00 22 Field Orders LS 1 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 Grand Total $939,939.93 $982,742.50 $984,775.00 RESOLUTION NO. 2017 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO DICK MILLER, INC. IN THE NOT -TO -EXCEED AMOUNT OF $939,939.93 FOR THE CITYWIDE ALLEY IMPROVEMENTS PROJECT (CIP NO. 16-11), AUTHORIZING A 15% CONTINGENCY IN THE AMOUNT OF $140.990.99 FOR ANY UNFORESEEN CHANGES, AND AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT WHEREAS, the Citywide Alley Improvements Project (the "Project") includes reconstructing eight existing alleys subject to drainage issues with new concrete alleys, recompacting/soil stabilization for two dirt alleys, and installation of pedestrian curb ramps for American with Disabilities Act ("ADA") compliance. WHEREAS, on August 22, 2017, the Engineering Department, publicly opened, examined, and declared six (6) sealed bids for the Project; and WHEREAS, Dick Miller, Inc., was the lowest responsive bidder qualified to perform the work as described in the project specifications with a total bid amount of $939,939.93; and WHEREAS, a 15% contingency amount up to $140,990.99 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 Citywide Alley Improvements Project to the lowest responsive, responsible bidder, to wit: DICK MILLER. INC. BE IT FURTHER RESOLVED by the City Council that the Mayor is hereby authorized to execute on behalf of the City a contract in the not to exceed amount of $939,939.93 with Dick Miller, Inc., for the Citywide Alley 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 $140,990.99 for any unforeseen changes to the Project. PASSED and ADOPTED this 5th day of September, 2017. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Angil P. Morris -Jones City Attorney CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950 619-336-4228 Michael R. Dalla, CMC - City Clerk October 10, 2017 Mr. Glen F. Bullock, President Dick Miller, Inc. 930 Boardwalk, Suite H San Marcos, CA 92078 Dear Mr. Bullock, On September 5th, 2017, Resolution No. 2017-169 was passed and adopted by the City Council of the City of National City, authorizing execution of an Agreement with Dick Miller, Inc. We are enclosing for your records a certified copy of the above Resolution and a fully executed original Agreement. Michael R. Dalla, CMC City Clerk Enclosures September 28, 2017 REVIEW AND APPROVAL OF CONTRACT DOCUMENTS FORM PROJECT: CITYWIDE ALLEY IMPROVEMENTS PROJECT CIP NO.:16-11 AWARDING RESO. 207-169 DATE: 9-5-17 CONTRACTOR: DICK MILLER, INC. ****************************************************************************** TO: City Attorney The following original contract documents are submitted for your review and approval: 1. 3 Originals of Contract Agreement 2. 3_ Copies of Performance Bond 3. 3 Copies of Payment Bond 4. _3_ Copies of Certificates of Insurance If these documents are satisfactory, please forward them along with this form to t i - ' : or for his signature. cr /%// .7 COMMENTS: Comp -ted *************************X**************************** ***. ******************* TO: Office of the Mayor The attached original contract documents have been reviewed and approved by the City Attorney. Please sign all three copies of the contract, and forward all of the contract documents along with this form to the office of the City Clerk. Completed ( ) ******************************************************************************** TO: Office of the City Clerk The attached original contract documents have been approved by the City Attorney and the Mayor. Please distribute them. 1. 1 Original copy to your file. 2. 1 Copy to the contractor 3. 1 Copy to the Engineering Department. Please release the bid bonds of the unsuccessful bidders. oved by S phen Ma Ci y Engine