Loading...
HomeMy WebLinkAbout2017 CON Eagle Paving Company - Citywide Pedestrian Crossing Enhancements - CIP 17-05OWNER - CONTRACTOR AGREEMENT CITYWIDE PEDESTRIAN MIDBLOCK CROSSING ENHANCEMENTS, CIP NO. 17-05 This Owner -Contractor Agreement ("Agreement") is made by and between the City of National City, 1243 National City Boulevard National City, California 91950 and Eagle Paving Company, Inc. ("Contractor"), 13915 Danielson Street, #201, Poway, CA 92064 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. Own yor, City of National City Attest: City Clerk, City of Nafional City Contractor: ing Cm ny, ( er/Officer signature) Print name and title nd officer signature if a corporation) ,2 V CV Print name and tit9'e 991036 Contractor's City Business License No. 9yy939 Class A/Ciz State Contractor's License No. and Class 13915 Danielson S+. #20I Business street address Poway, CA 92064 City, State and Zip Code EXHIBIT A CONTRACT DOCUMENTS Owner/Contractor Agreement Bid Schedule Addenda Plans Special Provisions (Specifications) San Diego County Regional Standard Drawings City of National City Standard Drawings Standard Specifications for Public Works Construction and Regional Supplements (Greenbook) State Standard Specifications State Standard Plans California Building, Mechanical, Plumbing and Electrical Codes Permits issued by jurisdictional regulatory agencies Electric, gas, and communications companies specifications and standards Sweetwater Authority specifications and standards Specifications, standards and requirements of MTS, BNSF, SANDAG, Port of San Diego and all other agencies that may be adjacent and/or affected by the project. EXHIBIT B CONTRACT PRICE (NOTE - TO BE COMPLETED TO CONFORM WITH BID SCHEDULE ITEMS) Bid Results for Citywide Pedestrian Midblock Crossing Enhancements, CIP No. 17-05 Eagle Paving Company, Inc. Item No. Description Unit Qty. Unit Price Extension (Quantity x Unit Price) Base Bid - General 1 Mobilization / Demobilization LS 1 $15,000.00 $15,000.00 2 Clearing and Grubbing LS 1 $34,000.00 $34,000.00 3 Traffic Control LS 1 $46,000.00 $46,000.00 4 Water Pollution Control LS 1 $3,000.00 $3,000.00 5 Construction Staking Surveying LS 1 $11,150.00 $11,150.00 6 Unclassified Excavation LS 1 $5,000.00 $5,000.00 7 Unsuitable Material CY 200 $25.00 $5,000.00 8 Sawcut LF 710 $3.00 $2,130.00 9 Construct 6" Type G-2 Curb per SDRSD G-1 LF 220 $27.37 $6,021.40 10 Construct 6" Type G-2 Curb & Gutter per SDRSD G-2 LF 450 $37.92 $17,064.00 11 Construct 6" Type B-3 Median Curb per SDRSD G-8 on Existing Asphalt LF 310 $19.16 $5,939.60 12 Construct 6" PCC Pavement Over Existing Asphalt SF 1400 $8.81 $12,334.00 13 Hot Mix Ashphalt TON 580 $135.00 $78,300.00 14 Class 2 Aggregate Base TON 1720 $29.00 $49,880.00 15 Construct 4" PCC Sidewalk per SDRSD G-7 and G-9 SF 6320 $6.86 $43,355.20 16 Construct Curb Ramp per G-31 with Yellow Truncated Domes per SDRSD G-30 EA 21 $1,071.00 $22,491.00 17 Construct PCC Driveway per SDRSD G-14 SF 70 $9.50 $665.00 18 Construct PPC Cross Gutter SF 550 $9.40 $5,170.00 19 Furnish and Install Curb Channel LF 320 $68.10 $21,792.00 20 ur.�uu .�u�.vvv iu�.uc�.0 vvi�.a N�..�v✓v v 30 EA 4 $488.00 $1,952.00 21 Furnish and Install 6' Vehicle Detector Loop per Caltrans Standard Plan ES-5B EA 1 $990.00 $990.00 22 Furnish and Install 2" PVC Conduit LF 2200 $37.95 $83,490.00 23 Furnish and Install 2#8 Conductors and 1#8 Ground LF 2200 $2.53 $5,566.00 24 Furnish and Install #5 Pull Box EA 58 $287.50 $16,675.00 25 Furnish and Install Street Light Standard with Foundation Complete. Include 2#10 Conductors and 1#10 Ground per City Standards EA 26 $7,700.00 $200,200.00 26 Furnish and Install Type 15 Pole with 15' Luminaire Mast Arm and Foundation Complete. Include 2#10 Conductors and 1#10 Ground per City Standards EA 1 $8,140.00 $8,140.00 27 Furnish and Install Solar Flashing Crosswalk Unit wih Pole and Foundation Complete EA 6 $18,700.00 $112,200.00 28 Coordinate with SDG&E for Service Point Requirements and Install as Required EA 17 $935.00 $15,895.00 Bid Results for Citywide Pedestrian Midblock Crossing Enhancements, CIP No. 17-05 Eagle Paving Company, Inc. Item No. Description Unit Qty. Unit Price Extension (Quantity x Unit Price) 29 Signing and Striping LS 1 $113,725.00 $113,725.00 30 Slurry Seal SF 65000 $0.63 $40,950.00 31 Remove and Salvage Existing Safety Light Fixture. Furnish and Install New LED Safety Light Fixture EA 109 $1,552.50 $169,222.50 32 Field Orders AL 1 $5,000.00 $5,000.00 Grand Total $1,158,297.70 CORPORATE CERTIFICATE Joel Bale certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that Joel Ba+ule , who signed said contract on behalf of the Contractor, was then CEO /Presid'ent 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. Joel Batule certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that Marisa Garland , who signed said contract on behalf of the Contractor, was then CFO of said Corporation; that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers. Corporate Seal: STATE OF PARTNERSHIP CERTIFICATE COUNTY OF ) ss On this day of , 2017, before me, the undersigned, a Notary Public in and for said County and State, personally appeared: (Notary Seal) known to me to be of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. Signature: Name (Type or Print): (Notary Public in and for said County and State) My Commission expires: EXECUTED IN TRIPLICATE BOND NO. CAC83819 PREMIUM: $15,083.00 PREMIUM IS FOR CONTRACT TERM AND IS SUBJECT TO ADJUSTMENT BASED ON FINAL CONTRACT PRICE PERFORMANCE BOND WHEREAS, the City Council of the City of National City, by Resolution No. 2017- 170, passed the 5th day of September, 2017 has awarded to Eagle Paving Company, Inc.,, hereinafter designated as the "Principal", the CITYWIDE PEDESTRIAN MIDBLOCK CROSSING ENHANCEMENTS, CIP No, 17-05. WHEREAS, said Principal is required under the terms. of said contract to furnish a bond for the faithful performance of said contract. NOW, THEREFORE, we, the Principal and MERCHANTS BONDING COMPANY (MUTUAL) as surety, are held and firmly bound unto the City Council of the City of National City, hereinafter called the "Council", in the penal sum of ONE MILLION, ONE HUNDRED FIFTY EIGHT THOUSAND, TWO HUNDRED NINETY SEVEN AND 70 CENTS ($1,158,297.70) 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 ail costs incurred by the Council in such suit, including a reasonable attorney's fee to be fixed by the Court. IN yviTNESS wHEREOFthree identical counterparts of this instrument, each of which shah for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the 21ST day of SEPTEMBER , 2017. MERCHANTS BONDING COMPANY (MUTUAL) (SEAL) EAGLE PAVING COMPANY, INC. BY: (SEAL) MARK D. IATAROLA, ATTORNEY -IN -FACT (SEAL) Surety JOEL BATULE, PRESIDENT PrincipaI (SEAL) (SEAL) (SEAL) PERFORMANCE BOND ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF ) ss COUNTY OF On this day of , 2017, before me, the undersigned, a Notary Public in and for said County and State, personally appeared known to me to be the person whose name is subscribed to the within instrument as the attorney -in -fact of the the corporation named as Surety in said instrument, and acknowledged to me that he subscribed the name of said corporation thereto as Surety, and his own name as attorney -in -fact. NOTE: Signature of those executing for Surety must be properly acknowledged. NOTE: The Attorney -in -fact must attach a certified copy of the Power of Attorney. Signature: Name (Type or Print): Notary Public in and for said County and State My Commission expires: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 Ct C CSC C C CSC . CViC'rCi\WT,k'ItTCWC . C CfAV7AV.R•VVt'ri*C . C . t . CSC . C . CSC . C-5-\\t/i5ZCYV\NC 6\C . C . CeCrikC .W'RCAs!.C C C C C C-. 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 9/21/2017 before me, HELEN E. WHEALDON, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared MARK D. IATAROLA Name() of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/arc subscribed to the within instrument and acknowledged to me that hem executed the same in his/hcr/thcir authorized capacity(es), and that by his/44444E4 signature(s) on the instrument the person(), 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. HELEN E. WHEALDW COMM. #2194350 z Notary Public - California XI San Diego County Comm. Ex , fires • , 28, 2021 Place Notary Seal Above WITNESS my hand and official seal. Signature OPTIONAL Signature of Notary Public Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Number of Pages: Signer(s) Other Than Capacity(ies) Claimed by Signer(s) Signer's Name: MARK D. IATAROLA ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ® Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Date: Named Above: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 MERCHANTS BONDING COMPANY,. POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Helen Maloney; John G Maloney; Mark D latarola their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 6th day of April , 2017 . xysaseRe�.... •.• ••• •• \NC Cps•• ; f.,•! —0— CI: : �•\ 2003 .�, s' •y 1933 : •;'• By STATE OF IOWA COUNTY OF DALLAS ss. On this this 6th day of April 2017 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. • bi • MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC. President ALICIA K. GRAM Commission Number 767430 My Commission Expires April 1, 2020 aLc..5„. Notary Public (Expiration of notary's commission does not invalidate this instrument) I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this :' : k" * 0 —� : t?7. 1. 2003 •:2 Nwk POA 0018 (3/17) •p\NGCOA-•• •r�-'; - o - o • d• 1933 ; e. • • • • ••.•... • 21ST day of #06"/"ZION,C,./. Secretary SEPTEMBER 2017. EXECUTED IN TRIPLICATE BOND NO. CAC83819 PREMIUM INCLUDED IN PERFORMANCE BOND PAYMENT BOND WHEREAS, the City Council of the City of National City, by Resolution No. 2017-170, passed the 5th day of September, 2017 has awarded Eagle Paving Company, Inc., hereinafter designated as the "'Principal", the CITYWIDE PEDESTRIAN MIDBLOCK CROSSING ENHANCEMENTS, CIP NO. 17-05. WHEREAS, said Principal is required by Chapter 5 (commencing at Section 3225) and Chapter 7 (commencing at Section 3247), Title 15, Part 4, Division 3 of the California Civil Code to furnish a bond in connection with said contract; NOW, THEREFORE, we, the Principal and MERCHANTS BONDING COMPANY (MUTUAL) as surety, are held and firmly bound unto the City Council of the City of National City, hereinafter called the "Council", In the penal sum of ONE MILLION, ONE HUNDRED FIFTY EIGHT THOUSAND, TWO HUNDRED NINETY SEVEN AND 70 CENTS ($1,158,297.70 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 21ST day of SEPTEMBER 2017, MERCHANTS BONDING COMPANY (MUTUAL) BY: 0 SEAL) SEAL) MARK D. IATAROLA, ATTORNEY -IN -FACT (SEAL) Surety EAGLE PAVING C QMPANY, INC. JOEL BATULE, PRESIDENT Principal (SEAL) (SEAL) (SEAL) STATE OF ATTORNEY- N-FACT ACKNOWLED COUNTY OF E E ) ss T OF SURETY On this day of , 2017, before me, the undersigned, a Notary Public in and for said County and State, personally appeared known to me to be the person whose name is subscribed to the within instrument as the attorney -in -fact of the the corporation named as Surety in said instrument, and acknowledged to me that he subscribed the name of said corporation thereto as Surety, and his own name as attorney -in -fact, NOTE: Signature of those executing for Surety must be properly acknowledged. NOTE: The Attorney -in -fact must attach a certified copy of the Power of Attorney. Signature: Name (Type or Print): (Notary Public in and for said County and State) My Commission expires: ATTACH ALL ONDS CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 CCCCC CCC'PC CCC'TCFiN'C . CaC. C .WriKVCe'g0.CSC . C C . C\Vi\N.Wi"\ViTWV,tC;*C�C�C . C CVC C'stCaKC<CC CSC.. 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 9/21/2017 before me, HELEN E. WHEALDON, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared MARK D. IATAROLA Name() of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/arc subscribed to the within instrument and acknowledged to me that he/she/thcy executed the same in his/hcr/thcir authorized capacity(ies), and that by his/444,414e4 signature(s) on the instrument the person(, 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. HELEN E. WHEALI)ON COMM. #2194350 z Notary Public • California San Diego County- Signature We/th (33 My Comm. Ex' ires . r. 8, 2021 g Signature of Notary Public Place Notary Seal Above WITNESS my hand and official seal. 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 Capacity(ies) Claimed by Signer(s) Signer's Name: MARK D. IATAROLA ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ® Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Named Above: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 • *r•*•' MERCHANTS BONDING COMPANY,. POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Helen Maloney; John G Maloney; Mark D Iatarola their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 6th day of April , 2017 ..•`11:41;.1.7C;•111•41.41..... 4, ...... .'Z i'� -0- fl '• d ... ti-.' `'• -0- �,`.�• .�; r7r.j.:',...... 'mow 2003 : y• • 1933 • �, By w • STATE OF IOWA COUNTY OF DALLAS ss. On this this 6th day of April 2017 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC. President AUCIA K. GRAM Commission Number 767430 My Commission Expires April 1, 2020 Notary Public (Expiration of notary's commission does not invalidate this instrument) I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this • POA 0018 (3/17) 21ST day of Secretary SEPTEMBER , 2017. EAGLPAV-01 ATODD ACC)RQV 1/4.----- CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 09/27/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License # OD28764 Orion Risk Management Insurance Services, Inc. 1800 Quail Street, Suite 110 Newport Beach, CA 92660 CONTACT Ragle pav PHONE 949 263-8850 FAX No 949 263-8860 (A/c, No, Ext): ( ) ( ):( ) ADDRESS: INSURER() AFFORDING COVERAGE NAIC # INSURER A:The Travelers Indemnity Company 25658 INSURED Eagle Paving Company, Inc. 13915 Danielson Street, #201 Poway, CA 92064 INSURER B : Travelers Property Casualty Insurance Company 36161 INSURER C : Great American Insurance Company 16691 INSURER D : ICW - Insurance Company of the West 27847 INSURER E : INSURER F : CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLIC EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, PAID CLAIMS. INSR LLB_ A TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF POLICY EXP jMM/DD/YYYY) LIMITS X COMMERCIAL GENERAL LIABILITY X X DT22CO2H496046TCT17 _LMM/DD/YYYYI 06/01/2017 06/01/2018 EACH OCCURRENCE $ 1,000,000 PPREM SES (Ea occur enceL $ 500,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE POLICY OTHER: X LIMIT APPLIES PRO" PER: LOC PRODUCTS -COMP/OP AGG $ 2,000,000 $ AUTOMOBILE X1 LIABILITY ANY AUTO OWNED SCHEDULED AUTOS NON -OWNED AUTOS ONLY X X DT8102H496034TIL17 06/01/2017 06/01/2018 CB OMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE _Per accident) $ $ C+ X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE TUE196721600 06/01/2017 06/01/2018 EACH OCCURRENCE $ 6,000,000 AGGREGATE $ 6,000,000 $ DED RETENTION $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? r 1 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A X WSD503758700 09/01/2017 09/01/2018 X PER STATUTE OTH- ER E.L. EACH ACCIDENT 1,000,000 $ E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT 1,000,000 $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Citywide Pedestrian Midblock Crossing Enhancements Project, CIP No. 17-05 City of National City, its elected officials, officers, agents, employees and volunteers are included as additional insureds subject to the terms and conditions of the attached endorsements. Waiver of Subrogation in favor of City of National City, its elected officials, officers, agents, employees and volunteers applies subject to the terms and conditions of the attached endorsements. CERTIFICATE HOLDER CANCELLATION City of National City c/o Risk Manager 1243 National City Blvd. National City, CA 91950 1 ACORD 25 (2016/03) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE &/1/4#'440.. © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Policy Number: DT22CO2H496046TCT17 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED — (Section 11) is amended to include any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Cover- age Part, but: a) Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b) If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies. The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. 2. The insurance provided to the additional insured by this endorsement is limited as follows: a) in the event that the Limits of Insurance of this Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance", the in- surance provided to the additional insured shall be limited to the limits of liability re- quired by that "written contract requiring in- surance". This endorsement shall not in- crease the limits of insurance described in Section 111-- Limits Of Insurance. b) The insurance provided to the additional in- sured does not apply to "bodily injury", "prop- erty damage" or "personal injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or sur- veying services, including: 1. The preparing, approving, or failing to prepare or approve, maps, shop draw- ings, opinions, reports, surveys, field or- ders or change orders, or the preparing, approving, or failing to prepare or ap- prove, drawings and specifications; and ii. Supervisory, inspection, architectural or engineering activities. CG D2 46 08 05 c) The insurance provided to the additional in- sured does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products -completed op- erations hazard" unless the "written contract requiring Insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional insured applies only to such "bodily injury" or "property damage" that oc- curs before the end of the period of time for which the "written contract requiring insur- ance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 3. The insurance provided to the additional insured by this endorsement is excess over any valid and collectible "other insurance", whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover under this endorsement. However, if the "written contract requiring insurance" specifically requires that this insurance apply on a primary basis or a primary and non-contributory basis, this insurance is primary to `other insurance" available to the additional insured which covers that person or organization as a named insured for such loss, and we will not share with that "other insurance". But the insurance provided to the additional insured by this endorsement still is excess over any valid and collectible "other in- surance", whether primary, excess, contingent or on any other basis, that is available to the addi- tional insured when that person or organization is an additional insured under such "other insur- ance".— .. _... 4. As a condition of coverage provided to the additional insured by this endorsement: a) The additional insured must give us written notice as soon as practicable of an "occur- rence" or an offense which may result in a claim. To the extent possible, such notice should include: ® 2005 The St. Paul Travelers Companies, Inc. Page 1 of 2 COMMERCIAL GENERAL LIABILITY I. How, when and where the "occurrence" or offense took place; H. The names and addresses of any injured persons and witnesses; and Ili. The nature and location of any injury or damage arising out of the `occurrence° or offense. b) If a claim is made or "suit" is brought against the additional insured, the additional insured must: i. Immediately record the specifics of the claim or "suit" and the date received; and ii. Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c) The additional insured must immediately send us copies of all legal papers received in connection with the claim or "suit", cooperate with us in the investigation or settlement of the claim or defense against the "suit", and otherwise comply with all policy conditions. d) The additional insured must tender the de- fense and indemnity of any claim or "suit" to any provider of "other insurance" which would cover the additional insured for a loss we cover under this endorsement. However, this condition does not affect whether the insur- ance provided to the additional insured by this endorsement is primary to "other insur- ance" available to the additional insured which covers that person or organization as a named insured as described in paragraph 3. above. 5. The following definition is added to SECTION V. DEFINITIONS: "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or organization as an additional in- sured on this Coverage Part, provided that the "bodily injury" and "property damage" oc- curs and the "personal Injury" is caused by an offense committed: a. After the signing and execution of the contract or agreement by you; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. Page 2 of 2 ® 2005 The St. Paul Travelers Companies, Inc. CG D2 46 06 05 Policy Number: DT22CO2H496046TCT17 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS XTEND ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. Aircraft Chartered With Pilot B. Damage To Premises Rented To You C. Increased Supplementary Payments D. incidental Medical Malpractice E. Who Is An Insured — Newly Acquired Or Formed Organizations F. Who Is An Insured — Broadened Named Insured — Unnamed Subsidiaries G. Blanket Additional Insured — Owners, Managers Or Lessors Of Premises PROVISIONS A. AIRCRAFT CHARTERED WITH PILOT The following is added to Exclusion g., Aircraft, Auto Or Watercraft, in Paragraph 2. of SECTION I — COVERAGES — COVERAGE A BODILY IN- JURY AND PROPERTY DAMAGE LIABILITY: This exclusion does not apply to an aircraft that is: (a) Chartered with a pilot to any insured; (b) Not owned by any insured; and (c) Not being used to carry any person or prop- erty for a charge. B. DAMAGE TO PREMISES RENTED TO YOU _1. The..first . paragraph .of_th_e .exceptions _in Ex- clusion j., Damage To Property, in Para- graph 2. of SECTION I — COVERAGES — COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY is deleted. 2. The following replaces the last paragraph of Paragraph 2., Exclusions, of SECTION 1 — COVERAGES — COVERAGE A. BODILY CG D31611 11 H. Blanket Additional Insured — Lessors Of Leased Equipment I. Blanket Additional Insured — States Or Political Subdivisions — Permits J. Knowledge And Notice Of Occurrence Or Offense K. Unintentional Omission L. Blanket Waiver Of Subrogation M. Amended Bodily Injury Definition N. Contractual Liability — Railroads INJURY AND PROPERTY DAMAGE LI- ABILITY: Exclusions c. and g. through n. do not apply to "premises damage". Exclusion f.(1)(a) does not apply to "premises damage" caused by: a. Fire; b. Explosion; c. Lightning; d. Smoke resulting from such fire, explosion, or lightning; or e. Water; unless Exclusion f. of Section I — Coverage A — Bodily Injury And Property Damage Liability --is--replaced by -another -endorsement to` this.' Coverage Part that has Exclusion — All Pollu- tion Injury Or Damage or Total Pollution Ex- clusion in its title. A separate limit of insurance applies to "premises damage" as described in Para- graph 6. of SECTION III — LIMITS OF IN- SURANCE. ® 2011 The Traveters Indemnity Company, All rights reserved. Page 1 of 6 COMMERCIAL GENERAL LIABILITY 3. The following replaces Paragraph 6. of SEC- TION III — UMITS OF INSURANCE: Subject to 5. above, the Damage To Prem- ises Rented To You Limit is the most we will pay under Coverage A for damages because of "premises damage" to any one premises. The Damage To Premises Rented To You Limit will apply to all "property damage" proximately caused by the same "occur- rence", whether such damage results from: fire; explosion; lightning; smoke resulting from such fire, explosion, or lightning; or water, or any combination of any of these causes. The Damage To Premises Rented To You Limit will be: a. The amount shown for the Damage To Premises Rented To You Limit on the Declarations of this Coverage Part; or b. $300,000 if no amount is shown for the Damage To Premises Rented To You Limit on the Declarations of this Coverage Part. 4. The following replaces Paragraph a. of the definition of "insured contract" in the DEFINI- TIONS Section: a. A contract for a lease of premises. How- ever, that portion of the contract for a lease of premises that indemnifies any person or organization for "premises damage" is not an "insured contract"; 5. The following is added to the DEFINITIONS Section: "Premises damage" means "property dam- age" to: a. Any premises while rented to you or tem- porarily occupied by you with permission of the owner, or b. The contents of any premises while such premises is rented to you, if you rent such premises for a period of seven or fewer consecutive days. 6. The 'following replaces Paragraph 4.b.(1)(b) — oLSEC:CION_IV_ — COMMERCIAL GENERAL LIABILITY CONDITIONS:• (b) That is insurance for "premises damage"; or 7. Paragraph 4.b.(1)(c) of SECTION IV — COMMERCIAL GENERAL LIABILITY CON- DITIONS is deleted. C. INCREASED SUPPLEMENTARY PAYMENTS 1. The following replaces Paragraph 1.b. of SUPPLEMENTARY PAYMENTS — COVER- AGES A AND B of SECTION I — COVER- AGE: b. Up to $2,500 for the cost of bail bonds required because of accidents or traffic • law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do riot have to fur- nish these bonds. 2. The following replaces Paragraph 1.d. of SUPPLEMENTARY PAYMENTS — COVER- AGES A AND B of SECTION I — COVER- AGES: d. All reasonable expenses Incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of eamings up to $500 a day because of time off from work. D. INCIDENTAL MEDICAL MALPRACTICE 1. The following is added to the definition of "oc- currence" in the DEFINITIONS Section: "Occurrence" also means an act or omission committed in providing or failing to provide "incidental medical services", first aid or "Good Samaritan services" to a person. 2. The following is added to Paragraph 2.a.(1) of SECTION II—WHO1S AN INSURED: Paragraph (1)(d) above does not apply to "bodily injury" arising out of providing or fail- ing to provide: (I) "Incidental medical services" by any of your "employees" who is a nurse practi- tioner, registered nurse, licensed practical nurse, nurse assistant, emergency medi- cal technician or paramedic; or (if) First aid or "Good Samaritan services" by any of your "employees" or "volunteer workers", other than an employed or vol- unteer doctor. Any such "employees" or ."volunteer workers" providing. or_failing-to provide first aid or "Good Samaritan ser- vices" during their work hours for you will be deemed to be acting within the scope of their employment by you or performing duties related to the conduct of your busi- ness. Page 2 of 6 © 2011 The Travelers Indemnity Company. All rights reserved. CG D31611 11 3. The following is added to Paragraph 5. of SECTION I11— LIMITS OF INSURANCE: For the purposes of determining the applica- ble Each Occurrence Limit, all related acts or omissions committed in providing or failing to provide "incidental medical services", first aid or "Good Samaritan services" to any one per- son will be deemed to be one "occurrence". 4. The following exclusion is added to Para- graph 2., Exclusions, of SECTION I — COV- ERAGES — COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY: Sale Of Pharmaceuticals "Bodily injury" or "property damage" arising out of the willful violation of a penal statute or ordinance relating to the sale of pharmaceuti- cals committed by, or with the knowledge or consent of, the insured. 5. The following is added to the DEFINITIONS Section: "Incidental medical services" means: a. Medical, surgical, dental, laboratory, x-ray or nursing service or treatment, advice or instruction, or the related furnishing of food or beverages; or b. The furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances. "Good Samaritan services" means any emer- gency medical services for which no compen- sation is demanded or received. 6. The following is added to Paragraph 4.b., Ex- cess Insurance, of SECTION IV — COM- MERCIAL GENERAL LIABILITY CONDI- TIONS: The insurance is excess over any valid and collectible other insurance available to the in- sured, whether primary, excess, contingent or on any other basis, that is available to any of your "employees" or "volunteer workers" for "bodily injury" that arises out of providing or failing to provide "incidental medical ser- ._vices" first.aid. or "Good Samaritan services" to any person • to the extent not subject to Paragraph 2.a.(1) of Section ll — Who Is An Insured. E. WHO IS AN INSURED — NEWLY ACQUIRED OR FORMED ORGANIZATIONS The following replaces Paragraph 4. of SECTION 11— WHO IS AN INSURED: C6 D31611 11 COMMERCIAL GENERAL LIABILITY 4. Any organization you newly acquire or form, other than a partnership, joint venture or lim- ited liability company, of which you are the sole owner or in which you maintain the ma- jority ownership interest, will qualify as a Named Insured if there is no other insurance which provides similar coverage to that or- ganization. However. a. Coverage under this provision is afforded only: (1) Until the 180th day after you acquire or form the organizktion or the end of the policy period, whichever is earlier, if you do not report such organization in writing to us within 180 days after you acquire or form it; or (2) Until the end of the policy period, when that date is later than 180 days after you acquire or form such organization, if you report such organization in writing to us within 180 days after you acquire or form it, and we agree in writing that it will con- tinue to be a Named Insured until the end of the policy period; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal in- jury" or "advertising injury" arising out of an offense committed before you acquired or formed the organization. F. WHO IS AN INSURED — BROADENED NAMED INSURED — UNNAMED SUBSIDIARIES The following is added to SECTION 11— WHO IS AN INSURED: Any of your subsidiaries, other than a partnership, joint venture or limited liability company, that is not shown as a Named Insured in the Declara- tions is a Named Insured if you maintain an own- ership interest of more than 50% in such subsidi- ary on the first day of the policy period. No_such.subsidiary is an insured-fora"bodily injury." or "property damage" that occurred, or "personal injury" or "advertising injury" caused by an of- fense committed after the date, if any, during the policy period, that you no longer maintain an ownership interest of more than 50% in such sub- sidiary. ® 2011 The Travelers Indemnity Company. All rights reserved. Page 3 of 6 COMMERCIAL GENERAL LIABILITY G. BLANKET ADDITIONAL INSURED — OWNERS, MANAGERS OR LESSORS OF PREMISES The following is added to SECTION II — WHO IS AN INSURED: Any person or organization that is a premises owner, manager or lessor and that you have agreed in a written contract or agreement to in- clude as an additional insured on this Coverage Part is an insured, but only with respect to liability for "bodily injury", "property damage", "personal injury" or "advertising injury" that: a. Is "bodily injury". or "property damage" that occurs, or is "personal injury" or "advertising injury" caused by an offense that is commit- ted, subsequent to the execution of that con- tract or agreement; and b. Arises out of the ownership, maintenance or use of that part of any premises leased to you. The insurance provided to such premises owner, manager or lessor is subject to the following pro- visions: a. The limits of insurance provided to such premises owner, manager or lessor will be the minimum limits which you agreed to pro- vide in the written contract or agreement, or the limits shown on the Declarations, which- ever are less. b. The insurance provided to such premises owner, manager or lessor does not apply to: (1) Any "bodily injury" or "property damage" that occurs, or "personal injury" or "adver- tising injury" caused by an offense that is committed, after you cease to be a tenant in that premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such premises owner, lessor or manager. c. The insurance provided to such premises owner, manager or lessor is excess over any valid and collectible other insurance available to such premises owner, manager or lessor, whether primary, excess, contingent or on any other basis, unless you have agreed in the written contract or agreement that this in- surance must be primary to, or non- contributory with, such other insurance, in which case this insurance will be primary to, and non-contributory with, such other insur- ance. H. BLANKET ADDITIONAL INSURED — LESSORS OF LEASED EQUIPMENT The following is added to SECTION II — WHO IS AN INSURED: Any person or organization that is an equipment lessor and that you have agreed in a written con- tract or agreement to include as an insured on this Coverage Part is an insured, but only with re- spect to liability for "bodily injury", "property dam- age", "personal injury" or "advertising injury" that a. is "bodily injury" or "property damage" that occurs, or is "personal injury" or "advertising injury" caused by an offense that is commit- ted, subsequent to the execution of that con- tract or agreement; and b. Is caused, in whole or in part, by your acts or omissions in the maintenance, operation or use of equipment leased to you by such equipment lessor. The insurance provided to such equipment lessor is subject to the following provisions: a. The limits of insurance provided to such equipment lessor will be the minimum limits which you agreed to provide in the written contract or agreement, or the limits shown on the Declarations, whichever are less. b. The insurance provided to such equipment lessor does not apply to any "bodily injury" or "property damage" that occurs, or "personal injury" or "advertising injury" caused by an of- fense that is committed, after the equipment lease expires. c. The insurance provided to such equipment lessor is excess over any valid and collectible other insurance available to such equipment lessor, whether primary, excess, contingent or on any other basis, unless you have agreed in the written contract or agreement that this insurance must be primary to, or non-contributory with, such other insurance, in which case this insurance will be primary to, and non-contributory with, such other in- s Unote. • I. BLANKET ADDITIONAL INSURED — STATES OR POLITICAL SUBDIVISIONS — PERMITS The following is added to SECTION II — WHO IS AN INSURED: Any state or political subdivision that has issued a permit in connection with operations performed by you or on your behalf and that you are required Page 4 of 6 0 2011 The Travelers lndemnity Company. All rights reserved. CG D31611 11 by any ordinance, law or building code to include as an additional insured on this Coverage Part is an insured, but only with respect to liability for "bodily injury", "property damage", "personal in- jury" or "advertising injury" arising out of such op- erations. The insurance provided to such state or political subdivision does not apply to: a. Any "bodily injury," "property damage," "per- sonal injury" or "advertising injury" arising out of operations performed for that state or po- litical subdivision; or b. Any "bodily injury" or "property damage" in- cluded in the "products -completed operations hazard". J. KNOWLEDGE AND NOTICE OF OCCUR- RENCE OR OFFENSE The following is added to Paragraph 2., Duties In The Event of Occurrence, Offense, Claim or Suit, of SECTION IV — COMMERCIAL GEN- ERAL LIABILITY CONDITIONS: e. The following provisions apply to Paragraph a. above, but only for the purposes of the in- surance provided under this Coverage Part to you or any insured listed in Paragraph 1. or 2. of Section 11— Who Is An Insured: (1) Notice to us of such "occurrence" or of- fense must be given as soon as practica- ble only after the "occurrence" or offense is known by you (if you are an individual), any of your partners or members who is an individual (if you are a partnership or joint venture), any of your managers who is an individual (if you are a limited liability company), any of your "executive offi- cers" or directors (if you are an organiza- tion other than a partnership, joint venture or limited liability company) or any "em- ployee" authorized by you to give notice of an "occurrence" or offense. (2) if you are a partnership, joint venture or limited liability company, and none of your • panniers`,- joint -venture' members —or man agers are individuals, notice to us of such "occurrence" or offense must be given as soon as practicable only after the 'occur- rence" or offense is known by: L. (a) Any individual who is: (1) A partner or member of any part- nership or joint venture; CG D3161111 K. COMMERCIAL GENERAL LIABILITY (II) A manager of any limited liability company; or (Ili) An executive officer or director of any other organization; that is your partner, joint venture member or manager or (b) Any employee authorized by such partnership, joint venture, limited li- ability company or other organization to give notice of an "occurrence" or offense. (3) Notice to us of such "occurrence" or of an offense will be deemed to be given as soon as practicable if it is given in good faith as soon as practicable to your work- ers' compensation insurer. This applies only if you subsequently give notice to us of the "occurrence" or offense as soon as practicable after any of the persons de- scribed in Paragraphs e. (1) or (2) above discovers that the "occurrence" or offense may result in sums to which the insurance provided under this Coverage Part may apply. However, if this Coverage Part includes an en- dorsement that provides limited coverage for "bodily injury" or "property damage" or pollution costs arising out of a discharge, release or es- cape of "pollutants" which contains a requirement that the discharge, release or escape of "pollut- ants" must be reported to us within a specific number of days after its abrupt commencement, this Paragraph e. does not affect that require- ment. UNINTENTIONAL OMISSION The following is added to Paragraph 6., Repre- sentations, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: The unintentional omission of, or unintentional error in, any information provided by you which we relied upon in issuing this policy will not preju- dice your rights under this insurance. However, - • this: provision- does not affect our right to collect additional premium or to exercise our rights of cancellation or nonrenewal in accordance with applicable insurance laws or regulations. BLANKET WAIVER OF SUBROGATION The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — COMMERCIAL GENERAL LI- ABILITY CONDITIONS: 0 2011 The Travelers indemnity Company. Ail rights reserved. Page 5 of 6 COMMERCIAL GENERAL LIABILITY If the insured has agreed in a contract or agree- ment to waive that insured's right of recovery against any person or organization, we waive our right of recovery against such person or organiza- tion, but only for payments we make because of. a. "Bodily injury" or "property damage" that oc- curs; or b. "Personal injury" or "advertising injury" caused by an offense that is committed; subsequent to the execution of that contract or agreement. M. AMENDED BODILY INJURY DEFINITION The following replaces the definition of "bodily injury" in the DEFINITIONS Section: N. 3. "Bodily injury" means bodily injury, mental anguish, mental injury, shock, fright, disability, humiliation, sickness or disease sustained by a person, including death resulting from any of these at any time. CONTRACTUAL LIABILITY — RAILROADS 1. The following replaces Paragraph c. of the definition of "insured contract" in the DEFINI- TIONS Section: c. Any easement or license agreement; 2. Paragraph f.(1 ) of the definition of "Insured contract" in the DEFINITIONS Section is de- leted. Page 6 of 6 ® 2011 The Travelers Indemnity Company. All rights reserved. CG D31611 11 COMMERCIAL GENERAL LIABILITY POLICY NUMBER: DT22CO2H496046TCT17 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ ITCAREFULLY. ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART NAME OF PERSON(S) OR ORGANIZATION(S): City of National City, its elected officials, officers, agents, employees and volunteers PROJECT/LOCATION OF COVERED OPERATIONS: All Locations 1. WHO ISAN INSURED —(Section II)isamended to include the person or organization shown in the Schedule above, but: a) Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b) If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" on or for the project, or at the location, shown in the Schedule. The person or organization does not qualify as an addi- tional insured with respect to the independent acts or omissions of such person or organiza- tion 2 The insurance provided to the additional insured by this endorsement is limited as follows: a) In the event that the Limits of Insurance of this Coverage Part shown in the Declarations exceed the limits of liability required by a "written contract requiring insurance" for that additional insured, the insurance provided to the additional insured shall be limited to the limits of liability required by that "written con- tract requiring insurance". This endorsement shall not increase the limits of insurance de- scribed in Section III- Limits Of Insurance. CG 02 47 08 05 b) The insurance provided to the additional in- sured does not apply to "bodily injury", "prop- erty damage" or "personal injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or sur- veying services, including: i_ The preparing, approving, or failing to prepare or approve, maps, shop draw- ings, opinions, reports, surveys, field or- ders or change orders, or the preparing, approving, or failing to prepare or ap- prove, drawings and specifications; and Supervisory, inspection, architectural or engineering activities. c) The insurance provided to the additional in- sured does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products -completed op- erations hazard" unless a "written contract requiring insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional insured applies only to such "bodily injury" or "property damage" that oc- curs before the end of the period of time for which the "written contract requiring insur- ance" requires you to provide such coverage © 2005 The St. Paul Travelers Companies, Inc. Page 1 of 2 COMMERCIAL GENERAL LIABILITY or the end of the policy period, whichever is earlier. 3. The insurance provided to the additional insured by this endorsement is excess over any valid and collectible "other insurance", whether primary, excess, contingent or on any other basis, that is available to the additional insured for a Toss we cover under this endorsement. However, if a "written contract requiring insurance" for that ad- ditional insured specifically requires that this in- surance apply on a primary basis or a primary and non-contributory basis, this insurance is pri- mary to "other insurance" available to the addi- tional insured which covers that person or organi- zation as a named insured for such loss, and we will not share with that "other insurance". But the insurance provided to the additional insured by this endorsement still is excess over any valid and collectible "other insurance"_ whether pri- mary, excess, contingent or on any other basis, that is available to the additional insured when that person or organization is an additional in- sured under such "other insurance". 4. As a condition of coverage provided to the additional insured by this endorsement: a) The additional insured must give us written notice as soon as practicable of an "occur- rence" or an offense which may result in a claim. To the extent possible, such notice should include: i_ How, when and where the "occurrence" or offense took place; i_ The names and addresses of any injured persons and witnesses; and ii. The nature and location of any injury or damage arising out of the "occurrence" or offense. b) If a claim is made or "suit" is brought against the additional insured, the additional insured must: Page 2 of 2 i_ Immediately record the specifics of the claim or "suit" and the date received; and ii. Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c) The additional insured must immediately send us copies of all legal papers received in connection with the claim or"suir, cooperate with us in the investigation or settlement of the claim or defense against the "suit", and otherwise comply with all policy conditions. d) The additional insured must tender the de- fense and indemnity of any claim or "suit" to any provider of "other insurance" which would cover the additional insured for a Toss we cover under this endorsement. However, this condition does not affect whether the insur- ance provided to the additional insured by this endorsement is primary to "other insur- ance" available to the additional insured which covers that person or organization as a named insured as described in paragraph 3. above. 5. The following definition is added to SECTION V. - DEFINITIONS: "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or organization as an additional in- sured on this Coverage Part, provided that the "bodily injury" and "property damage" oc- curs and the "personal injury" is caused by an offense committed: a. After the signing and execution of the contract or agreement by you; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. © 2005 The St. Paul Travelers Companies, Inc. CG 02 47 08 05 Policy No. DT8102H496034TIL17 COMMERCIAL AUTO THiS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED H. HIRED AUTO PHYSICAL DAMAGE - LOSS OF B. BLANKET ADDITIONAL INSURED C. EMPLOYEE HIRED AUTO D. EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS - INCREASED LIMITS F. HIRED AUTO - LiMITED WORLDWIDE COV- ERAGE - INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE - GLASS ' PROVISIONS A. BROAD FORM NAMED INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE: Any organization you newly acquire or form dur- ing the policy period over which you maintain 50% or more ownership interest and that is not separately insured for Business Auto Coverage. Coverage under this provision is afforded only un- til the 180th day after you acquire or form the or- ganization or the end of the policy period, which- ever is earlier. B. BLANKET ADDITIONAL INSURED ' The following is added to Paragraph c. In A.1., Who-Is:An Insured, .of SECTION:II -.COVERED Au i' 3 CIABICiTY:COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that Is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Covered Autos Liability Coverage, but only for damages to which J. K. L. M. N. USE — INCREASED LIMIT PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT PERSONAL PROPERTY AIRBAGS NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS BLANKET WAIVER OF SUBROGATION UNINTENTIONAL ERRORS OR OMISSIONS this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. C. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An. Insured, of SECTION I1 — COV- ERED AUTOS LIABILITY COVERAGE: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness. 2. The following replaces Paragraph b. in B.S., .Other. Insurances,_ of-SECTION-N....r-..BUSi NESS-AUTTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow, and (2) Any covered "auto" hived or rented by your "erinployee" under a contract in . an "employee's" name, with your CA T3 53 0215 ©2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 4 Includes copyrighted material of insurance Services Office, Ino. with Its permission. . COMMERCIAL AUTO permission, while performing duties related to the conduct of your busi- ness. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". D. EMPLOYEES AS INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION 11— COVERED AUTOS LIABILITY COVERAGE: Any "employee" of yours is an "insured" while us- ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs. E. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2), of SECTION II — COVERED AUTOS LIABIL- ITY COVERAGE: (2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover. We do not have to furnish these bonds. 2. The following replaces Paragraph A.2.a.(4), of SECTION 1I — COVERED AUTOS LIABIL- ITY COVERAGE: (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day be- cause of time off from work. F. HIRED AUTO — LIMITED WORLDWIDE COV- ERAGE — INDEMNITY BASIS The following replaces Subparagraph (6) in Para- graph B.7., Policy Period, Coverage Territory, of SECTION IV — BUSINESS AUTO CONDI- TiONS: (5) Anywhere in the world, except any country or jurisdiction while any trade sanction, em- bargo, or similar regulation imposed by the United States of America applies to and pro- hibits-: the_transaction :of _ business,;with._ or. within -gra count or unsalotion, for Gov ered Autos Liability Coverage for any covered "auto" that you lease, hire, rent or borrow without a driver for a period of 30 days or less and that is not an "auto" you lease, hire, rent or borrow from any of your "employees", partners (If you are a partnership), members (if you are a limited liability company) or members of their households. (a) With respect to any claim made or "suit' brought outside the United States of America, the territories and possessions of the United States of America, Puerto Rico and Canada: (I) You must arrange to defend the "in- sured" against, and investigate or set- tle any such claim or "suit" and keep us advised of all proceedings and ac- tions. (ii) Neither you nor any other involved "insured" will make any settlement without our consent. WI) We may, at our discretion, participate In defending the "insured" against, or in the settlement of, any claim or "suit". (Iv) We will reimburse the "insured" for sums that the "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, that -the "in- sured" pays with our consent, but only up to the limit described In Para- . graph C., Limits Of Insurance, . of SECTION 11 — COVERED AUTOS LIABILITY COVERAGE. (v) We will reimburse the "insured" for the reasonable expenses incurred with our consent for your investiga- tion of such claims and your defense of the "insured" against any such "suit", but only up to and included within the limit described in Para- graph C., Limits Of Insurance, of SECTION II — COVERED AUTOS LIABILITY COVERAGE, and not in addition to such limit. Our duty to make such payments ends when we have used up the applicable limit of insurance in payments for damages, settlements or defense expenses. • - (b) This_insuramce is excess: ;cQYer_any. _valid and •collectible other insurance" ava1E t5 to the "Insured" whether primary, excess, contingent or on any other basis. (c) This insurance is not a substitute for re- quired or compulsory Insurance in any country outside the United States, its ter- ritories and possessions, Puerto Rico and Canada. Page 2 of 4 0 2015 The Travelers Indemnity Company. All rights reserved. CA T3 63 0215 Includes copyrighted material of Insurance Services Office, Inc. with its pennission. You agree to maintain all required or compulsory Insurance in any such coun- try up to the minimum limits required by . local law. Your failure to comply with compulsory insurance requirements will not invalidate the coverage afforded by this policy, but we will only be liable to the same extent we would have been liable had you complied with the compulsory in- surance requirements. (d) it is understood that we are not an admit- ted or authorized insurer outside the United States of America, its territories and possessions, Puerto Rico and Can- ada. We assume no responsibility for the furnishing of certificates of insurance, or for compliance in any way with the laws of other countries relating to insurance. G. WAIVER OF DEDUCTIBLE — GLASS The following is added to Paragraph D., Deducti- ble, of SECTION iII — PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE — INCREASED LIMIT The following replaces the last sentence of Para- graph A.4.b., Loss Of Use Expenses, of SEC- TiON III — PHYSICAL DAMAGE COVERAGE: However, the most we will pay for any expenses for Toss of use Is $65 per day, to a maximum of $750 for any one "accident". I: PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT The following replaces the first sentence In Para- graph A.4.a., Transportation Expenses, of SECTION Ili — PHYSICAL DAMAGE COVER- AGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered_"uto° of the_ private passenger type, J; PERSONAL -PROPERTY • The following is added to Paragraph A.4., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Personal Property We will pay up to $400 for "loss" to wearing ap- parel and other personal property which is: (1) Owned by an "Insured"; and COMMERCIAL AUTO (2) in or on your covered "auto". This coverage applies only in the event of a total theft of your covered "auto". No deductibles apply to this Personal Property coverage. K. AIRBAGS • The following is added to Paragraph B.3., Exclu- sions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss".to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c., but only: a. if that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally Inflated. We will pay up to a maximum of $1,000 for any one "loss". L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following is added to Paragraph A.2.a., of SECTION IV — BUSINESS AUTO CONDITIONS: Your duty to give us or our authorized representa- tive prompt notice of the "accident" or "loss" ap- plies only when the "accident" or "loss" is known to: (a) You (if you are an individual); (b) A partner (if you are a partnership); (c) A member (if you are a limited liability com- pany); (d) An executive officer, director or insurance manager (if you are a corporation or other or- ganization); or (e) Any "employee" authorized by you to give no- tice of the "accident" or "loss". M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us, of • SECTION IV -- BUSINESS • AUTO CONDI 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract signed• and executed prior to any "accident" or "loss", provided that•the "accident" or "loss" arises out of operations contemplated by CA T3 53 0215 ® 2015 The Travelers Indemnity Company. All rights reserved. includes copyrighted material of Insurance Services Office, Inc. with its permission. Page 3 of 4 COMMERCIAL AUTO such contract. The waiver applies only to the person or organization designated in such contract. • N. UNINTENTIONAL ERRORS OR OMISSIONS The following is added to Paragraph B.2., Con- cealment, Misrepresentation, Or Fraud, of SECTION IV — BUSINESS AUTO CONDITIONS: The unintentional omission of, or unintentional en -or in, any information given by you shall not prejudice your rights under this insurance. How- ever this provision does not affect our right to col- lect additional premium or exercise our right of cancellation or non -renewal. Page 4 of 4 ® 2015'fhe Travelers Indemnity Company. All rights reserved. Includes copyrighted material of insurance services office, Inc. with its permission. CA T3 53 0215 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 34 (Ed. 8-00) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -BLANKET We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us). The additional premium for this endorsement shall be 3% of the total California Workers' Compensation premium otherwise due. Schedule Person or Organization Job Description ANY PERSON / ORG WHEN REQUIRED BY WRITTEN CONTRACT Policy Number: WSD 5037587 00 Endorsement Effective: 9/1/2017 Issue Date: 8/25/2017 WC 99 06 34 (Ed. 8-00) ALL CA OPERATIONS Insured: Eagle Paving Co Inc Coverage Provided by: Insurance Co of the West Countersigned by: RESOLUTION NO. 2017 — 170 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO EAGLE PAVING COMPANY, INC., IN THE NOT -TO -EXCEED AMOUNT OF $1,158,297.70 FOR THE CITYWIDE PEDESTRIAN MIDBLOCK CROSSING ENHANCEMENTS PROJECT (CIP NO. 17-05), AUTHORIZING A 15% CONTINGENCY IN THE AMOUNT OF $173,744.66 FOR ANY UNFORESEEN CHANGES, AND AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT WHEREAS, the Citywide Pedestrian Midblock Crossing Enhancements Project (the "Project"), includes the following safety enhancements: 1. Replacement of existing safety Tight fixtures with new LED fixtures at 30 signalized intersections Citywide; 2. Installation of pedestrian level LED street lights at 16 midblock crosswalks; 3. Implementation of pedestrian safety enhancements such as Americans with Disabilities Act (ADA) curb ramps, corner bulb -outs, sidewalks, and solar powered flashing crosswalk signs at 6 midblock crosswalks; and WHEREAS, on August 21, 2017, the Engineering Department, publicly opened, examined, and declared four (4) sealed bids for the Project; and WHEREAS, Eagle Paving Company, Inc., was the lowest responsive bidder qualified to perform the work as described in the project specifications with a total bid amount of $1,158,297.70; and WHEREAS, a 15% contingency amount up to $173,744.66 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 Pedestrian Midblock Crossing Enhancements Project to the lowest responsive, responsible bidder, to wit: EAGLE PAVING COMPANY, 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 $1,158,297.70 with Eagle Paving Company, Inc., for the Citywide Pedest, ian Midblock Crossing Enhancements 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 $173,744.66 for any unforeseen changes to the Project. [Signature Page to Follow] Resolution No. 2017 — 170 Page Two PASSED and ADOPTED this 5th day of September, 2017. ATTEST: /1 Mic ael R. Dalla, y Clerk APPROVED AS /A ngil '. v• ris- one City A . rney RM: Morrison, Mayor 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 City Clerk of the City of ational City, California By: Deputy HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2017-170 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 MEETING DATE: September 5, 2017 AGENDA ITEM NO. 13 TITLE: Resolution of the City Council of the City of National City, 1) awarding a contract to Eagle Paving Company, Inc. in the not -to -exceed amount of $1,158,297.70 for the Citywide Pedestrian Midblock Crossing Enhancements Project, CIP No. 17-05; 2) authorizing a 15% contingency in the amount of $173,744.66 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: ANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: Contract Award (funds available through prior City Council appropriations) 296-409-500-598-6583: $625,230.00 296-409-500-598-6581: $500,000 001-409-500-598-6573: $33,067.70 15% Contingency (funds available through prior City Council appropriations) 001-409-500-598-6573: $173,744.66 No additional appropriations required. ENVIRONMENTAL REVIEW: Caltrans Determination of Categorical Exclusion under 23 CFR 771.117(c): activity (c)(27), approved May 8, 2017 ORDINANCE: INTRODUCTION: FINAL ADOPTION: MIS STAFF RECOMMENDATION: Adopt Resolution awarding a contract to Eagle Paving Company, Inc. in the not -to -exceed amount of $1,158,297.70 for the Citywide Pedestrian Midblock Crossing Enhancements Project, CIP No. 17-05. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation w/ Exhibits 2. Bid Opening Summary 3. Three Lowest Bidders Summary 4. Resolution /ets6 fkh ijo• Art- tic EXPLANATION This project includes the following safety enhancements (see attached Project Location Map): 1) Replace existing safety light fixtures with new LED fixtures at 30 signalized intersections Citywide; 2) Install pedestrian level LED street lights at 16 midblock crosswalks; and 3) Implement pedestrian safety enhancements such as Americans with Disabilities Act (ADA) curb ramps, corner bulb -outs, sidewalks, and solar powered flashing crosswalk signs at 6 midblock crosswalks. On July 27, 2017, the bid solicitation was posted on PlanetBids, a free public electronic bidding system for contractors. On July 28, 2017 and August 3, 2017, the bid solicitation was advertised in local newspapers. On August 21, 2017, four (4) bids were received by the 1:00 p.m. deadline, opened and publicly disclosed. Bid results were made available the next business day, August 22, 2017. Eagle Paving Company, Inc. was the apparent lowest bidder with a total bid amount of $1,158,297.70 as the basis of award. Upon review of all documents submitted, Eagle Paving Company, Inc.'s bid was deemed responsive, and they are the lowest responsible bidder qualified to perform the work as described in the project specifications. Therefore, staff recommends awarding a contract to Eagle Paving Company, Inc. in the not -to -exceed amount of $1,158,297.70. Staff also recommends authorizing a 15% contingency in the amount of $173,744.66 to address any unforeseen conditions that may arise. Attached are the bid opening summary sheet and a line item summary of the three lowest bidders for reference. Construction is estimated to be completed in March 2018. t phnia ,'r a Pow9s%St 1 aSt 1. ora se 3 CletsSt %4, 1*a SO ; gycx � k ate"'. W \ t., 10 14 fI Nor • 150 ,a' .. • • } '• 1. s .'400 1•`' ` 1 4 L ' 44 ,044''' 7•-'t,'39tr"st4 144) CQ �s �' c 4 .i t I r, s L 1 t,r°° A :NYiaq,IMAI�C'.y.,liq� �s 7 41t1�' c p ; *- 1,r K y. „11 ' I ttl .. try y Svc I 54 067, 1 4� -aY ty�SA 4S1'iar 1.2 "A' 1250 625 r SCALE: 2 11 • 4 f 3750 • ow tf� F. 6 • 14. 41 LEGEND II SIGNALIZED LOCATION (CM: S2) CITY BOUNDARY MIDBLOCK LOCATION (CM: R38) — CALTRANS RIGHT OF WAY 0 PROPOSED POPOUTS (CM: R38) *NOTE: ALL PROPOSED WORK IS WITHIN CITY RIGHT OF WAY Int.1 Signalized Intersection 1 D Ave & Plaza Blvd 2 D Ave & 16th St 3 DAve&18thSt 4 D Ave & 30th St 5 Eudid Ave & Division St 6 Eudid Ave & 8th St 7 Eudid Ave & Plaza Blvd 8 Eudid Ave & 20th St 9 Euclid Ave & 24th St 10 Highland Ave & Plaza Bivd 11 Highland Ave & 30th St 12 National City Blvd & 1st St 13 National City Blvd & 4th St 14 National City Blvd & 8th St 15 National City Blvd & Plaza Blvd Int. 8 Midbiodt Crossing 31 4th & T Ave 32 4th & U Ave 33 4th & S. Drexel Ave 34 30th & F Ave 35 DAve&26thSt 36 8th & R Ave 37 l8th & F Ave Int.11 Signalized intersection 16 National City Blvd & 12th St 17 National City Blvd & Civic Center Dr 18 National City Blvd & 16th St 19 National City Blvd & Mile of Cars Wy 20 Palm Ave & Division Rd 21 Palm Ave & 4th St 22 Plaza Blvd & I. Ave 23 Plaza Blvd & Palm Ave 24 Plaza Blvd & Grove St 25 Sweetwater Rd & Valley Rd 26 Sweetwater Rd& Plaza Bonita Rd/Stockman St 27 Sweetwater Rd & Calmoor St 28 Sweetwater Rd & Plaza Bonita Centerway 29 Plaza Bonita Centerway & Valley Rd Int.8 MidblockCrossing 38 24th & F Ave 39 D Ave & 15th St 40 Kimball Way & E Ave 41 Eudid Ave & Beta St 42 Bth & Burden Dr (2 ) 43 16th & G Ave 44 16th & I Ave 45 16th & F Ave F3 - ' sr tea. $ , +A"_ L! y' • '• 14 t 701°iay s01 _a a R z +aatrr q S. :. vv,Y Prul 84 • PROPOSED LED SAFETY LIGHTING: TYPICAL AT SIGNALIZED LOCATIONS PROPOSED MIDBLOCK CONFIGURATIONS: PROPOSED LED STREET LIGHTING PROPOSED CURB POPOUTS AT SIX LOCATIONS CALIFOII°t4 A +-•.a; WATIMNAL CITY PROPOSED CONDITIONS CITY OF NATIONAL CITY COUNTERMEASURES: S2 AND R38 2015 HIGHWAY SAFETY IMPROVEMENT PROGRAM (HSIP) ATTACHMENT 3-2 -1- CALIFORNIA «o+- NAL"lO ALCfl nse r1CORPORATED BID OPENING RESULTS NAME: CITYWIDE PEDESTRIAN MIDBLOCK CROSSING ENHANCEMENTS CIP NO: 17-05 DATE: Monday, August 21, 2017 TIME: 1:00 P.M. ESTIMATE: $950,000 PROJECT ENGINEER: Kuna Muthusamy, P.E. NO. BIDDER'S NAME BID AMOUNT* ADDENDA #1 BID SECURITY -BOND 1 Eagle Paving Company, Inc. 13915 Danielson St. #201 Poway, CA 92064 $1,158,297.70** Yes Bond 2 Palm Engineering Construction Company, Inc. 7330 Opportunity Rd #J $1,386,070.00 Yes Bond 3 PAL General Engineering, Inc. 10675 Treena Street, Suite 103 $1,423,944.00 Yes Bond 4 Tri-Group Construction and Development, Inc. 9580 Black Mountain Rd. Suite L, San Diego, CA 92126 $1,520,830.00 Yes Bond *If an additive, alternate or additive/alternate bid items are called for in the Contract Documents, the sum of the base bid and all additive, alternate and additive/alternate bids, if any, shall be used to determine the lowest responsive bid. * *Final bid amount changed based on review of "Quantity x Unit Price" for individual line items of work. -2- Bid Results for Citywide Pedestrian Midblock Crossing Enhancements, CIP No. 17-05 Eagle Paving Company, Inc. Palm Engineering Construction Company, Inc. PAL General Engineering, Inc Item No. Description Unit Qty. Unit Price Extension (Quantity x Unit Price) Unit Price Extension (Quantity x Unit Price) Unit Price Extension (Quantity x Unit Price) Base Bid - General 1 Mobilization / Demobilization LS 1_ $15,000.00 $15,000.00 $50,000.00 $50,000.00 $10,000.00 $10,000.00 2 Clearing and Grubbing LS _ 1 $34,000.00 $34,000.00 $50,000.00 $50,000.00 $112,560.00 $112,560.00 3 Traffic Control LS 1 $46,000.00 $46,000.00 $40,000.00 $40,000.00 $85,000.00 $85,000.00 4 Water Pollution Control LS 1 $3,000.00 $3,000.00 $10,000.00 $10,000.00 $4,600.00 $4,600.00 5 Construction Staking Surveying LS 1 $11,150.00 $11,150.00 $15,000.00 $15,000.00 $11,150.00 $11,150.00 6 Unclassified Excavation LS 1 $5,000.00 $5,000.00 $120,000.00 $120,000.00 $62,877.00 $62,877.00 7 Unsuitable Material CY 200 $25.00 $5,000.00 $80.00 $16,000.00 $95.00 $19,000.00 8 Sawcut LF 710 $3.00 $2,130.00 $3.00 $2,130.00 $5.00 $3,550.00 9 Construct 6" Type G-2 Curb per SDRSD G-1 LF 220 $27.37 $6,021.40 $35.00 $7,700.00 $22.00 $4,840.00 J 10 Construct 6" Type G-2 Curb & Gutter per SDRSD G-2 LF 450 $37.92 $17,064.00 $35.00 $15,750.00 $35.00 $15,750.00 11 Construct 6" Type B-3 Median Curb per SDRSD G-8 on Existing Asphalt LF 310 $19.16 $5,939.60 $30.00 $9,300.00 $40.00 $12,400.00 12 Construct 6" PCC Pavement Over Existing Asphalt SF 1400 $8.81 $12,334.00 $10.00 $14,000.00 $10.00 $14,000.00 13 Hot Mix Ashphalt TON 580 $135.00 $78,300.00 $150.00 $87,000.00 $125.00 $72,500.00 14 Class 2 Aggregate Base TON 1720 $29.00 $49,880.00 $50.00 $86,000.00 $40.00 $68,800.00 15 Construct 4" PCC Sidewalk per SDRSD G-7 and G-9 SF 6320 $6.86 $43,355.20 $7.00 $44,240.00 $7.00 $44,240.00 16 Construct Curb Ramp per G-31 with Yellow Truncated Domes per SDRSD G-30 EA 21 $1,071.00 $22,491.00 $4,200.00 $88,200.00 $3,150.00 $66,150.00 17 Construct PCC Driveway per SDRSD G-14 SF 70 $9.50 $665.00 $15.00 $1,050.00 $35.00 $2,450.00 18 Construct PPC Cross Gutter SF 550 $9.40 $5,170.00 $15.00 $8,250.00 $11.00 $6,050.00 19 Furnish and Install Curb Channel LF 320 $68.10 $21,792.00 $300.00 $96,000.00 $85.00 $27,200.00 20 Furnish and Install Yellow Truncated Domes per SDRSD G-30 EA 4 $488.00 $1,952.00 $600.00 $2,400.00 $1,500.00 $6,000.00 Bid Results for Citywide Pedestrian Midblock Crossing Enhancements, CIP No. 17-05 Eagle Paving Company, Inc. Palm Engineering Construction Company, Inc. PAL General Engineering, Inc Item No. Description Unit Qty. Unit Price Extension (Quantity x Unit Price) Unit Price Extension (Quantity x Unit Price) Unit Price Extension (Quantity x Unit Price) 21 Furnish and Install 6' Vehicle Detector Loop per Caltrans Standard Plan ES-5B EA 1 $990.00 $990.00 $2,000.00 $2,000.00 $1,035.00 $1,035.00 22 Furnish and Install 2" PVC Conduit LF 2200 $37.95 $83,490.00 $35.00 $77,000.00 $38.00 $83,600.00 23 Furnish and Install 2#8 Conductors and 1#8 Ground LF 2200 $2.53 $5,566.00 $2.00 $4,400.00 $2.65 $5,830.00 24 Furnish and Install #5 Pull Box EA 58 $287.50 $16,675.00 $400.00 $23,200.00 $288.00 $16,704.00 25 Furnish and Install Street Light Standard with Foundation Complete. Include 2#10 Conductors and 1#10 Ground per City Standards EA 26 $7,700.00 $200,200.00 $7,000.00 $182,000.00 $8,050.00 $209,300.00 L 26 Furnish and Install Type 15 Pole with 15' Luminaire Mast Arm and Foundation Complete. Include 2#10 Conductors and 1#10 Ground per City Standards EA 1 $8,140.00 $8,140.00 $8,000.00 $8,000.00 $8,510.00 $8,510.00 27 Furnish and Install Solar Flashing Crosswalk Unit wih Pole and Foundation Complete EA 6 $18,700.00 $112,200.00 $15,000.00 $90,000.00 $19,550.00 $117,300.00 28 Coordinate with SDG&E for Service Point Requirements and Install as Required EA 17 $935.00 $15,895.00 $1,200.00 $20,400.00 $978.00 $16,626.00 29 Signing and Striping LS 1 $113,725.00 $113,725.00 $86,000.00 $86,000.00 $118,895.00 $118,895.00 30 Slurry Seal SF 65000 $0.63 $40,950.00 $0.75 $48,750.00 $0.35 $22,750.00 31 Remove and Salvage Existing Safety Light Fixture. Furnish and Install New LED Safety Light Fixture EA 109 ,552.50 $1,552.50 $169,222.50 $700.00 $76,300.00 $1,553.00 $169,277.00 e Field Orders AL 1 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 Grand Total $1,158,297.70 $1,386,070.00 $1,423,944.00 RESOLUTION NO. 2017 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO EAGLE PAVING COMPANY, INC., IN THE NOT -TO -EXCEED AMOUNT OF $1,158,297.70 FOR THE CITYWIDE PEDESTRIAN MIDBLOCK CROSSING ENHANCEMENTS PROJECT (CIP NO. 17-05), AUTHORIZING A 15% CONTINGENCY IN THE AMOUNT OF $173,744.66 FOR ANY UNFORESEEN CHANGES, AND AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT WHEREAS, the Citywide Pedestrian Midblock Crossing Enhancements Project (the "Project"), includes the following safety enhancements: 1. Replacement of existing safety Tight fixtures with new LED fixtures at 30 signalized intersections Citywide; 2. Installation of pedestrian level LED street lights at 16 midblock crosswalks; 3. Implementation of pedestrian safety enhancements such as Americans with Disabilities Act (ADA) curb ramps, corner bulb -outs, sidewalks, and solar powered flashing crosswalk signs at 6 midblock crosswalks; and WHEREAS, on August 21, 2017, the Engineering Department, publicly opened, examined, and declared four (4) sealed bids for the Project; and WHEREAS, Eagle Paving Company, Inc., was the lowest responsive bidder qualified to perform the work as described in the project specifications with a total bid amount of $1,158,297.70; and WHEREAS, a 15% contingency amount up to $173,744.66 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 Pedestrian Midblock Crossing Enhancements Project to the lowest responsive, responsible bidder, to wit: EAGLE PAVING COMPANY, 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 $1,158,297.70 with Eagle Paving Company, Inc., for the Citywide Pedestrian Midblock Crossing Enhancements 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 $173,744.66 for any unforeseen changes to the Project. [Signature Page to Follow] Resolution No. 2017 — Page Two PASSED and ADOPTED this 5th day of September, 2017. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney �i�iRAiED A� allffismm.noteN es' CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950-4397 619-336-4228 Michael R. Dalla, CMC - City Clerk EAGLE PAVING COMPANY, INC. Citywide Pedestrian Midblock Crossing Enhancements Project CIP No. 17-05 Judy Hernandez (Engineering/Public Works) Forwarded Copy of Agreement to Eagle Paving Company, Inc. October 10, 2017 REVIEW AND APPROVAL OF CONTRACT DOCUMENTS FORM RECEIVED OCT 1 1 2017 City of National City City Attorney's Office PROJECT: CITYWIDE PEDESTRIAN MIDBLOCK CROSSING ENHNCEMENTS CIP NO.:17-05 AWARDING RESO. 2017-170 DATE: 9-5-17 CONTRACTOR: EAGLE PAVING COMPANY, 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 the Ma or for his signature. COMMENTS: f/eze Comple - d ******************************************************** *** ****************** 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. ..............................................................................• Approved by: 7 Steen Manganiello City Engineer