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HomeMy WebLinkAbout2018 CON PAL General Engineering - Wilson Avenue and W 22nd Street Project CIP No 17-19OWNER - CONTRACTOR AGREEMENT WILSON AVE. AND W. 22ND ST. IMPROVEMENTS, CIP NO. 17-19 This Owner -Contractor Agreement ("Agreement") is made by and between the City of National City, 1243 National City Boulevard National City, California 91950 and PAL General Engineering, Inc. ("Contractor"), 10675 Treena Street, Suite 103 San Diego, CA 92131 on the 6th day of February, 2018, for the construction of the above referenced Project. In consideration of the mutual covenants and agreements set forth herein, the Owner and Contractor have mutually agreed as follows: 1. CONSTRUCTION The Contractor agrees to do all the work and furnish all the labor, services, materials and equipment necessary to construct and complete the Project in a turn -key manner in accordance with this Agreement and all documents and plans referenced in Exhibit "A", (hereinafter "Contract Documents"), in compliance with all relevant Federal, State of California, County of San Diego and City of National City codes and regulations, and to the satisfaction of the Owner. 2. CONTRACT PRICE Owner hereby agrees to pay and the Contractor agrees to accept as full compensation for constructing the project in accordance with these Contract Documents in an amount not to exceed the contract price as set forth in Exhibit "B" attached hereto and incorporated herein by reference. Payments to the Contractor shall be made in the manner described in the Special Provisions. 3. TIME FOR PERFORMANCE Time is of the essence for this Agreement and the Contractor shall construct the project in every detail to a complete and turn -key fashion to the satisfaction of the Owner within the specified duration set forth in the Special Provisions. 4. NON-DISCRIMINATION In the performance of this Agreement, the Contractor shall not refuse or fail to hire or employ any qualified person, or bar or discharge from employment any person, or discriminate against any person, with respect to such person's compensation, terms, conditions or privileges of employment because of such person's race, religious status, sex or age. 5. AUTHORIZED OWNER REPRESENTATIVES On behalf of the Owner, the Project Manager designated at the pre -construction meeting shall be the Owner's authorized representative in the interpretation and enforcement of all Work performed in connection with this Agreement. 6. WORKERS' COMPENSATION INSURANCE a) By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement. b) The Contractor shall require each subcontractor to comply with the requirements of Section 3700 of the Labor Code. Before commencing any Work, the Contractor shall cause each subcontractor to execute the following certification: "I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement." 7. ENTIRE AGREEMENT; CONFLICT The Contract Documents comprise the entire agreement between the Owner and the Contractor with respect to the Work. In the event of conflict between the terms of this Agreement and the bid of the Contractor, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid conflicting herewith. 8. MAINTENANCE OF AGREEMENT DOCUMENTATION Contractor shall maintain all books, documents, papers, employee time sheets, accounting records and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by Owner and copies thereof shall be furnished to Owner if requested. 9. INDEPENDENT CONTRACTOR At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee, agent, partner or joint venturer of the Owner. Owner shall have the right to control Contractor insofar as the results of Contractor's services rendered pursuant to this Agreement; however, Owner shall not have the right to control the means by which Contractor accomplishes such services. 10. LICENSES AND PERMITS Contractor represents and declares to Owner that it has all licenses, permits, qualifications and approvals of whatever nature which are legally required to practice its profession. Contractor represents and warrants to Owner that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any licenses, permits, qualifications or approvals which are legally required for Contractor to practice its profession. 11. GOVERNING LAW, VENUE This Agreement and the Contract Documents shall be construed under and in accordance with the laws of the State of California, and the appropriate venue for any action or proceeding arising from this Agreement and/or the Contract Documents shall be had in the Superior Court of San Diego, Central Branch. 12. COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall for all purposes be deemed to be an original. 13. FALSE CLAIMS Contractor acknowledges that if a false claim is submitted to the Owner, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the Owner seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys' fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. I have read and understood all of the provisions of this Section 15, above: (Initial) (Initial) 14. AGREEMENT MODIFICATION This Agreement and the Contract Documents may not be modified orally or in any manner other than by an amendment in writing and signed by the Owner and the Contractor. IN WITNESS WHEREOF this Agreement is executed as of the date first written above. Owner: Contractor: PAL GENERAL ENGINEERING, INC. yor, City of National City Attest: City Ierk, City of ational City (Owner/Officer signature) ABD JAHSHAN, VICE PRESIDENT Print name and title (Second officer signature if a corporation) Print name and title 81207 Contractor's City Business License No. 916931 CLASS A State Contractor's License No. and Class 10675 TREENA ST SUITE 103 Business street address CHULA VISTA, CA 92131 City, State and Zip Code EXHIBIT A CONTRACT DOCUMENTS Owner/Contractor Agreement Bid Schedule Addenda Plans Special Provisions (Specifications) San Diego County Regional Standard Drawings City of National City Standard Drawings Standard Specifications for Public Works Construction and Regional Supplements (Greenbook) State Standard Specifications State Standard Plans California Building, Mechanical, Plumbing and Electrical Codes Permits issued by jurisdictional regulatory agencies Electric, gas, and communications companies specifications and standards Sweetwater Authority specifications and standards Specifications, standards and requirements of MTS, BNSF, SANDAG, Port of San Diego and all other agencies that may be adjacent and/or affected by the project. EXHIBIT B CONTRACT PRICE (NOTE - TO BE COMPLETED TO CONFORM WITH BID SCHEDULE ITEMS) Bid Results for Project Wilson Avenue and W. 22nd Street Improvements (CIP No. 17-19) VendorlD Company Name Address 2 City State ZipCode Country 350852 PAL General Engineering Inc Suite 103 San Diego 92131 US Phone Fax Email Vendor Type 858-638-7100 858-860-5556 estimating@palsd.com Line Items Item No. Section Description Units Qty. Unit Price Line Total 1 Base Bid Mobilization LS 1 $6,200.00 $6,200.00 2 Base Bid Traffic Control LS 1 $29,650.00 $29,650.00 3 Base Bid Construction Survey Staking LS 1 $8,568.00 $8,568.00 4 Base Bid Water Pollution Control LS 1 $4,500.00 $4,500.00 5 Base Bid Utility Coordination LS 1 $3,500.00 $3,500.00 6 Base Bid Clearing and Grubbing LS 1 $23,000.00 $23,000.00 7 Base Bid Unclassified Excavation CY 52 $85.00 $4,420.00 8 Base Bid Remove Asphalt pavement and base SF 988 $11.00 $10,868.00 9 Base Bid Construct Asphalt Concrete Pavement 4" AC TON 24 $500.00 $12,000.00 10 Base Bid Untreated aggregate base 9" AB CY 27 $80.00 $2,160.00 11 Base Bid PCC Driveway Approach (SDRSD G-14B) SF 1582 $10.00 $15,820.00 12 Base Bid 6" PCC Curb and Gutter (SDRSD G-2) LF 443 $38.00 $16,834.00 13 Base Bid PCC Cross Gutter (SDRSD G-12) SF 162 $26.00 $4,212.00 14 Base Bid 4" PCC Sidewalk (SDRSD G-7) SF 2645 $6.00 $15,870.00 15 Base Bid Curb Ramp, Type A (SDRSD G-27) EA 1 $3,500.00 $3,500.00 16 Base Bid Replace existing utility covers with traffic rated covers and adjust to grade EA 6 $1,000.00 $6,000.00 17 Base Bid Signing and Striping LS 1 $6,043.00 $6,043.00 18 Base Bid Furnish and Install 15 ft. Single Street Light Pole with LED Luminaire EA 3 $6,773.00 $20,319.00 19 Base Bid Furnish and Install 23 ft. Double Street Light Pole with LED Luminaires EA 5 $14,122.00 $70,610.00 20 Base Bid Furnish and Install 2" PVC electrical conduit LF 1250 $34.00 $42,500.00 21 Base Bid Furnish and Install electrical wiring for street lighting LS 1 $7,935.00 $7,935.00 22 Base Bid Furnish and Install #5 pull box EA 9 $605.00 $5,445.00 Item No. Section Description Units Qty. Unit Price Line Total 23 Base Bid Furnish and Install Disconnect Enclosure and Load Center, Relocate and Reconnect Existing Irrigation Controller. LS 1 $3,450.00 $3,450.00 24 Base Bid Landscape Planting LS 1 $9,500.00 $9,500.00 25 Base Bid Irrigation Systems LS 1 $5,000.00 $5,000.00 26 Base Bid 4 Months Landscape Maintenance LS 1 $12,500.00 $12,500.00 27 Base Bid Field Orders LS 1 $5,000.00 $5,000.00 Total $355,404.00 CORPORATE CERTIFICATE ABD JAHSHAN certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that ABD JAHSHAN , who signed said contract on behalf of the Contractor, was then VICE PRESIDENT of said Corporation; that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers. I, certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that who signed said contract on behalf of the Contractor, was then of said Corporation; that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers. Corporate Seal: ..4Se17.-- PARTNERSHIP CERTIFICATE STATE OF ) ss COUNTY OF On this day of , 2018, 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 th within instrument, and acknowledged to me that such partnership executed the sa e. Signature: Name (Type or Print' /J (Notary Public in and for said County and State) My Commission expires: Issued in Triplicate PERFORMANCE BOND Bond number: 54-220402 Premium: $4,478 Premium will be adjusted based on final contract amount. WHEREAS, the City Council of the City of National City, by Resolution No. 2018-16, passed the 6th day of February, 2018 has awarded to PAL General Engineering, Inca hereinafter designated as the "Principal", the WILSON AVE. AND W. 22ND ST. IMPROVEMENTS, CIP No. 17-19 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 United Fire & Casualty Company as surety, are held and firmly bound unto the City Council of the City of National City, hereinafter called the "Council", in the penal sum of Three Hundred Fifty Five Thousand, Four Hundred Four and no/Cents ($355,404.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the above bounden Principal, his/her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said contract any alteration thereof made as therein provides, on his or their part, to be kept and performed at the time and in the amount therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of National City, the City Council, their officers, agents, and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed herein or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or additions to the terms of the contract or to the work or to the specifications. In the event suit is brought upon this bond by the City of National City and judgment is recovered, the surety shall pay all costs incurred by the Council in such suit, including a reasonable attorney's fee to be fixed by the Court. IN WITNESS WHEREOF three identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the 20th day of February , 2018. United Fire & Casualty Company (SEAL) PAL General Engineering, Inc. (SEAL) (SEAL) (SEAL) Matthew C. Gaynor, Atto ey-in-Fact (SEAL) 1 tb 1-0(k,5\tu,N Iv . P. (SEAL) Surety Principal u INSURANCE I iNITED FIRE & CASUALTY COMPANY, CFDAR RAPIDS, IA 1 FNITED FIRE & INDEMNITY COMPANY, \\ 1 I3S 1 1 R TX FINANCIAL PACIFIC INSURANCE COMPANYROC KLIN, CA CERTIFIED COPY OF POWER OF ATTORNEY LY (original on file at Home Office of Company — See Certification) KNOW ALL PERSONS BY THISE PRESENTS, That United Fire & Casualty Company, a corporation duly organized and existing under the laws of the State of Iowa; United Fire & Indemnity Company, a corporationduly organized and existing under the laws of the State of Texas; and Financial Pacific Insurance Company, a corporation duly organized and existing under the laws of the State of California (herein collectively called the Companies), and having their corporate headquarters in Cedar Rapids, State of Iowa, does make, constitute and appoint DANIEL FRAZEE, KIM VASQUEZ, MATTHEW C.'GAYN©R, EACH INDIVIDUALLY Inquiries: Surety Department 118 Second Ave SE Cedar Rapids, IA 52401 their true and lawful Attorneys)-rri-Fact with power and authority hereby conferred to sign, seal, and execute w its behalf all lawful bonds, undertakings and other obligatory instruments of similar nature provided that no single obligation shall exceed $50, 000,000.00 and to bind the Companies thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Companies and all of the acts of said Attorney, pursuant to the authority hereby given and hereby ratified and confirmed: The Authority hereby granted is continuous and shall remain in full force and effect until revoked by United Fire & Casualty Company, United Fire & Indemnity Company, and Financial Pacific Insurance Company. This Power of Attorney is made and executed pursuant to and by authority of the following bylaw duly adopted on May 15, 2013: by. the Boards of Directors of United. Fire & Casualty Company, United Fire & Indemnity Company, and Financial Pacific Insurance Company .: "Article VI — Surety Bonds and Undertakings" Section 2, Appointment of Attorney -in -Fact. "The President or any Vice President, or any other officer of the Companies may, from time to time, appoint by written certificates attorneys -in -fact to act in behalf of the Companies in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. The signature of any officer authorized hereby, and the Corporate seal, may be affixed by facsimile to any power of attorney or special power of attorney or certification of either authorized hereby; such signature and seal, when so used, being adopted by the Companies as the original signature of such officer and the original seal of the Companies, to be valid and binding upon the Companies with the same force and effect as though manually affixed. Such attorneys -in -fact, subject to the limitations set of forth in their respective certificates of authority shall have full power to bind the Companies by their signature and execution of any such instrumentsand to attach the seal the Companies thereto. The President or any Vice President, the Board of Directors or any other officer of the Companies may at any time revoke all power and authority previously given to any attorney -in -fact. IN WITNESS WHEREOF, the COMPANIES have each caused these presents to be signed by its vice president and its corporate seal to be hereto affixed this 7t h day of November , 2017 UNITED FIRE & CASUALTY COMPANY UNITED FIRE & INDEMNITY COMPANY FINANCIAL PACIFIC INSURANCE COMPANY State of Iowa, County of Linn, ss: On 7th day of November, 2017, before me personally came Dennis J. Richmann to me known, who being by me duly sworn, did depose and say; that he resides in Cedar Rapids, State of Iowa; that he is a Vice President of United Fire & Casualty Company, a Vice President of United Fire & Indemnity Company, and a Vice President of Financial Pacific Insurance Company the corporations described in and which, executed. the above instrument; that he knows the 'seal of said corporations; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations. Patti Waddell Iowa Notarial Seal Commission number 713274 My Commission Expires 10/26/2019 By: Vice President w""c. " v" Notary Public My commission expires: 10/26/2019 I, Mary A. Bertsch, Assistant Secretary of United Fire & Casualty Corpanr ,ind Assistant Secretary of United Fire & Indemnity Company, and Assistant Secretary of Financial Pacific Insurance Company, do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the bylaws and resolutions of said Corporations as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID CORPORATIONS, and that the same are correct transcripts thereof, and of the whole of the said originals; and that the said Power of Attorney has not been revoked and is now in full force and effect. �y In testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said Corporations this loth day of February ,20;.18 1 j//I���r SE BPOA0049 1217 , 's86 .y FOP, Assistant Secretary, UF&C & OF&I & FPIC ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego On February 20, 2018 before me, Kathy Scheuerman, Notary Public (insert name and title of the officer) personally appeared Matthew C. Gaynor who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature V-Ut41,(1, 5C 'Lf) .Pf ' A/ --- (Seal) KATHY SCHEUERMAN Commission # 2062091 Notary Public - California San Diego County My Comm. Expires Mar 28. 2018 j Bond number: 54-220402 Premium included in Performance Bond PAYMENT BOND WHEREAS, the City Council of the City of National City, by Resolution No. 2018-16, passed the 6th day of February, 2018 has awarded PAL General Engineering, Inc., hereinafter designated as the "Principal", the WILSON AVE. AND W. 22ND ST. IMPROVEMENT, CIP NO. 17-19. 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 United Fire & Casualty Company as surety, are held and firmly bound unto the City Council of the City of National City, hereinafter called the "Council", in the penal sum of Three Hundred Fiftv Five Thousand, Four Hundred Four and no/Cents ($355,404.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his/her or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay any of the persons named in Section 3181 of the California Civil Code, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the Contractor and his subcontractors pursuant to Section 18806 of the Revenue and Taxation Code, with respect to such work and labor the Surety will pay for the same in an amount not exceeding the sum hereinafter specified, and also, in case suit is brought upon this bond, a reasonable attorney's fee, to be fixed by the Court. This Bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code, so as to give a right of action to such persons or their assigns in any suit brought upon this bond. It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement hereinabove described or pertaining or relating to the furnishing of labor, materials, or equipment therefore, not by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement hereinabove described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner of Public Entity and original contractor or on the part of any obliges named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 3110 or 3112 of the California Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned. IN WITNESS WHEREOF three identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the 20th day of February 2018. United Fire & Casualty Company (SEAL) PAL General Engineering, Inc. (SEAL) (SEAL) Matthew C. Gaynor, Attorfiey-in-Fact(SEAL) Surety (SEAL) Pac. M\-3\c\cP1 P (SEAL) Principal xe.•.++. ,� a {;yx INSURANCE °� y��- »x.'tce ^t +I�,`;:.<.. .- "•p""l�i .y$ f°/' _�,'-• 'i��-'t= . .x3•"s;�= x.{x- «•ti��'& ,•.: T UNITED FIRE & CASUALTY COMPANY, CEDAR RAPIDS, IA i fNITED FIRE & INDEMNITY COMPANY; WEBSTER, TX I INANCIAL PACIFIC INSURANCE COMPANY, ROCKLIN, CA CERTIFIED COPY OF POWER OF ATTORNEY (original on file at Home Office of Company — See Certification) Inquiries: Surety Department 118 Second Ave SE,; Cedar Rapids, IA 52401. KNOW ALL PERSONS BY THESE PRESENTS, That United Fire & Casualty Company, a corporation duly organized and existing under the laws of the State of Iowa; United Fire & Indemnity Company, a corporation duly organized and existing under the laws of the State of Texas; and Financial Pacific Insurance Company, a corporation duly organized and existing under the laws ate State of California (herein collectively called the Companies), and having their corporate headquarters in Cedar Rapids, State of Iowa, does make, constitute and appoint DANIEL FRAZEE, KIM VASQUEZ, MATTHEW C.'GAYNOR, EACH INDIVIDUALLY their true and lawful Attorney(s)-in-Fact with power and authority hereby conferred to sign, seal and execute in its behalf: all lawful bonds, undertakings and other obligatory instruments of similar nature provided that no single obligation shall exceed $50, 000, 000.00 and to bind the Companies thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Companies and all of the acts of said Attorney, pursuant to the authority hereby given and hereby ratified and confirmed. The Authority hereby granted is continuous and shall remain m full force and effect until revoked by United Fire& Casualty Company, United Fire & Indemnity Company, and Financial Pacific Insurance Company. This Power of Attorney is made and executed pursuant to and by authority of the following bylaw duly adopted on May 15, 2013, by the Boards of Directors of United Fire & Casualty Company, United Fire & Indemnity Company, and Financial Pacific Insurance Company. "Article VI — Surety Bonds and Undertakings" Section 2, Appointment of Attomey-in-Fact. "Tire President or any Vice President, or any other officer of the Companies may, from time to time, appoint by written certificates attorneys -in -fact to act in behalf of the Companies in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. The signature of any officer authorized hereby, and the Corporate seal, may be affixed by facsimile to any power of attorney or special power of attorney or certification of either authorized hereby; such signature and seal, when so used, being adopted by the Companies as the original signature of such officer and the original seal of the Companies, to be valid and binding upon the Companies with the same force and effect as though manually affixed. Such attorneys -in -fact, subject to the limitationsset of forth in their respective certificates of authority shall have full power to bind the Companies by their signature and execution of any such instruments and to attach the seal the Companies thereto. The President or any Vice President, the Board of Directors or any other officer of the Companies may at any time revoke all power and authority previously given to any attorney -in -fact. IN WITNESS WHEREOF, the COMPANIES have each caused these presents to be signed by its vice president and its corporate seal to be hereto affixed this 7t h day of November , 2017 UNITED FIRE & CASUALTY COMPANY UNITED FIRE & INDEMNITY COMPANY FINANCIAL PACIFIC INSURANCE COMPANY State of Iowa, County of Linn, ss: On 7th day of November, 2017, before me personally came Dennis J. Richmann to me known, who being by me duly sworn, did depose and say; that he resides in Cedar Rapids, State of Iowa; that he is a Vice President of United Fire & Casualty Company, a Vice President of United Fire & Indemnity Company, and a Vice President of, Financial Pacific Insurance Company the corporations described in and which .executed the above instrument; that he knows the seal of said corporations; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations. Patti Waddell Iowa Notarial Seal Commission number 713274 My Commission Expires 10/26/2019 By: Vice President Wb" ✓" C24461 Notary Public My commission expires: 10/26/2019 I, Mary A. Bertsch, Assistant Secretary of United Fire &Casualty Company and Assistant Secretary of United Fire & Indemnity Company, and Assistant Secretary of Financial Pacific Insurance Company, do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the bylaws and resolutions of said Corporations as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID CORPORATIONS, and that the same are correct transcripts thereof., and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. In testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said Corporations this 201-h day of Ft=hr-ttary 2018 ,A04 e' 1CaS1l/I,,/,'' //�R111 1D5 BPOA0049 1217 CORPORATE • SEAL By: LIT) f3 A Assistant Secretary, UF&C & OF&I & FPIC ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego On February 20, 2018 before me, Kathy Scheuerman, Notary Public (insert name and title of the officer) personally appeared Matthew C. Gaynor who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature IGat s AL___ (Seal) KATHY SCHEUERMAN Commission # 2062091 Notary Public - California z San Diego County Comm. Expires Mar 28, 2018 PALGE-1 OP ID: VP ACORit, CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 03/02/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Rancho Mesa Insurance Services 250 Riverview Parkway #401 Santee, CA 92071 CONTACT Rancho Mesa Ins. Services Inc. NAME: PHOE (A/C,NNo, Ext):619-937-0164 FAX No): 619-937-0168 E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC A INSURER A :Associated Industries Ins Co. 23140 INSURED PAL General Engineering, Inc. 10675 Treena St., Ste. 103 San Diego, CA 92131 INSURER B : Ohio Casualty Ins Company 24074 INSURER c : Endurance American Specialty - 41718 INSURER D : Everest National Insurance Co 10120 INSURER E : Lloyds of London 15792 INSURER F : COVERAGES CERTIFICATE NUMBER: 1 REVISION NUMBER: 1 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MMIDD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY X X AES1020314 01/07/2018 01/07/2019 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ 100,000 X BI/PD Ded $5,000 MEDEXP(Anyoneperson) $ Excluded PERSONAL BADVINJURY $ 1,000,000 GEN'L AGGREGATE X LIMIT APPLIES JEC PER: LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 $ B AUTOMOBILE X X X LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS $1000 Comp X X SCHEDULED AUTOS qNUOTN-OgWNED 51008Cou X X BA056481930 01/07/2018 01/07/2019 COMBINED 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 - ELD30000554700 01/07/2018 01/07/2019 EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 DED RETENT ON $ $ D WORKERS COMPENSATION EMPLOYERS' LIABILITY Y ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below / N X 7600018522181 01/07/2018 01/07/2019 X STATUTE MUTE X ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 E Professional/ Pollution AE182439 01/07/2018 AE182439 01/07/2018 01/07/2019 01/07/2019 Ea Claim 1,000,000 Aggregate 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: CIP #17-19, WILSON AVENUE AND W. 22ND ST. IMPROVEMENTS - CITY OF NATIONAL CITY, ITS ELECTED OFFICIALS, OFFICERS, AGENT, EMPLOYEES AND VOLUNTEERS ARE INCLUDED AS ADDITIONAL INSURED PER FORM G2010 11/85 ATTACHED. PRIMARY AND NON-CONTRIBUTORY WORDING APPLIES. AUTO ADDITIONAL INSURED APPLIES PER ENDORSEMENT ATTACHED. CERTIFICATE HOLDER CANCELLATION CITYNAI CITY OF NATIONAL CITY c/o RISK MANAGER 1243 NATIONAL CITY BLVD. NATIONAL CITY, CA 91950 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2014/01) © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: AES1020314 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: All persons or organizations where written contract with the Named Insured requires 11/85 edition. This form does not apply to work on "residential property". (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. CG 20 10 11 85 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 0 POLICY NUMBER: AES1020314 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: All persons or organizations where required by written contract with the Named Insured Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products - completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG24040509 © Insurance Services Office, Inc., 2008 Page 1 of 1 Cl Policy Number: BA056481930 COMMERCIAL AUTO CA 88 10 01 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. COVERAGE INDEX SUBJECT PROVISION NUMBER ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT 3 ACCIDENTAL AIRBAG DEPLOYMENT 12 AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS 19 AMENDED FELLOW EMPLOYEE EXCLUSION 5 AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE 13 BROAD FORM INSURED 1 BODILY INJURY REDEFINED 22 EMPLOYEES AS INSUREDS (including employee hired auto) 2 EXTENDED CANCELLATION CONDITION 23 EXTRA EXPENSE -BROADENED COVERAGE 10 GLASS REPAIR- WAIVER OF DEDUCTIBLE 15 HIRED AUTO PHYSICAL DAMAGE (including employee hired auto and loss of use) 6 HIRED AUTO COVERAGE TERRITORY 20 LOAN / LEASE GAP 14 PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) 16 PERSONAL EFFECTS COVERAGE 11 PHYSICAL DAMAGE - ADDITIONAL TRANSPORTATION EXPENSE COVERAGE 8 RENTAL REIMBURSEMENT 9 SUPPLEMENTARY PAYMENTS 4 TOWING AND LABOR 7 TWO OR MORE DEDUCTIBLES 17 UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS 18 WAIVER OF TRANSFER OF RIGHTS OF RECOVERYAGAINST OTHERS TO US 20 SECTION II - LIABILITY COVERAGE is amended as follows: 1. BROAD FORM INSURED SECTION II - LIABILITY COVERAGE, paragraph A.1. - WHO IS AN INSURED is amended to include the following as an insured: d. Any legally incorporated entity of which you own more than 50 percent of the voting stock during the policy period. However, "insured" does not include any organization that: (1) Is a partnership or joint venture; or (2) Is an insured under any other automobile policy; or (3) Has exhausted its Limit of Insurance under any other automobile policy. Paragraph d. (2) of this provision does not apply to a policy written to apply specifically in excess of this policy. e. Any organization you newly acquire or form, other than a partnership or joint venture, of which you own more than 50 percent of the voting stock. This automatic coverage is afforded only for 180 days from the date of acquisition or formation. However, coverage under this provision does not apply: (1) If there is similar insurance or a self -insured retention plan available to that organization; CA 88 10 01 13 © 2013 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 7 (2) If the Limits of Insurance of any other insurance policy have been exhausted; or (3) To "bodily injury" or "property damage" that occurred before you acquired or formed the organization. 2. EMPLOYEES AS INSUREDS SECTION II - LIABILITY COVERAGE, paragraph A.1. - WHO IS AN INSURED is amended to include the following as an insured: f. Any "employee" of yours while using a covered "auto" you do not own, hire or borrow, but only for acts within the scope of their employment by you. Insurance provided by this endorse- ment is excess over any other insurance available to any "employee". g. An "employee" of yours while operating an "auto" hired or borrowed under a written contract or agreement in that "employee's" name, with your permission, while performing duties re- lated to the conduct of your business and within the scope of their employment. Insurance provided by this endorsement is excess over any other insurance available to the "employee". 3. ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT SECTION II - LIABILITY COVERAGE, paragraph A.1. - WHO IS AN INSURED is amended to include the following as an insured: h. Any person or organization with respect to the operation, maintenance or use of a covered "auto", provided that you and such person or organization have agreed in a written contract, agreement, or permit issued to you by governmental or public authority, to add such person, or organization, or governmental or public authority to this policy as an "insured". However, such person or organization is an "insured": (1) Only with respect to the operation, maintenance or use of a covered "auto"; (2) Only for "bodily injury" or "property damage" caused by an "accident" which takes place after you executed the written contract or agreement, or the permit has been issued to you; and Only for the duration of that contract, agreement or permit (3) 4. SUPPLEMENTARY PAYMENTS SECTION II - LIABILITY COVERAGE, Coverage Extensions, 2.a. Supplementary Payments, para- graphs (2) and (4) are replaced by the following: (2) Up to $3,000 for cost of bail bonds (including bonds for related traffic violations ) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the insured at our request, including actual loss of earn- ings up to $500 a day because of time off from work. 5. AMENDED FELLOW EMPLOYEE EXCLUSION In those jurisdictions where, by law, fellow employees are not entitled to the protection afforded to the employer by the workers compensation exclusivity rule, or similar protection, the following provision is added: SECTION II - LIABILITY, exclusion B.5. FELLOW EMPLOYEE does not apply if the "bodily injury" results from the use of a covered "auto" you own or hire. SECTION III - PHYSICAL DAMAGE COVERAGE is amended as follows: 6. HIRED AUTO PHYSICAL DAMAGE Paragraph A.4. Coverage Extensions of SECTION III - PHYSICAL DAMAGE COVERAGE, is amended by adding the following: If hired "autos" are covered "autos" for Liability Coverage, and if Comprehensive, Specified Causes of Loss or Collision coverage are provided under the Business Auto Coverage Form for any "auto" you own, then the Physical Damage coverages provided are extended to "autos": a. You hire, rent or borrow; or CA 88 10 01 13 @ 2013 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 7 To the extent possible, notice to us should include: (1) How, when and where the "accident" or "loss" took place; (2) The "insureds" name and address; and (3) The names and addresses of any injured persons and witnesses. 20. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION IV - BUSINESS AUTO CONDITIONS, paragraph A.5., Transfer of Rights of Recovery Against Others to Us, is amended by the addition of the following: If the person or organization has waived those rights before an "accident" or "loss", our rights are waived also. 21. HIRED AUTO COVERAGE TERRITORY SECTION IV - BUSINESS AUTO CONDITIONS, paragraph B.7., Policy Period, Coverage Territory, is amended by the addition of the following: f. For "autos" hired 30 days or less, the coverage territory is anywhere in the world, provided that the insured's responsibility to pay for damages is determined in a "suit", on the merits, in the United States, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. This extension of coverage does not apply to an "auto" hired, leased, rented or borrowed with a driver. SECTION V - DEFINITIONS is amended as follows: 22. BODILY INJURY REDEFINED Under SECTION V - DEFINTIONS, definition C. is replaced by the following: "Bodily injury" means physical injury, sickness or disease sustained by a person, including mental anguish, mental injury, shock, fright or death resulting from any of these at any time. COMMMON POLICY CONDITIONS 23. EXTENDED CANCELLATION CONDITION COMMON POLICY CONDITIONS, paragraph A. - CANCELLATION condition applies except as fol- lows: If we cancel for any reason other than nonpayment of premium, we will mail to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. This provision does not apply in those states which require more than 60 days prior notice of cancella- tion. CA 88 10 01 13 @ 2013 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 7 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2% of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE PERSON OR ORGANIZATION JOB DESCRIPTION ANY PERSON OR ORGANIZATION FOR WHOM THE BLANKET WAIVER OF SUBROGATION NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: 01/07/2018 Policy No. 7600018522181 Insured: PAL General Engineering, Inc. Insurance Company: Everest National Insurance Compa Countersigned By: - 1998 by the Workers' Compensation Insurance Rating Bureau of California. All rights reserved. From the WCIRB's California Workers' Compensation Insurance Forms Manual - 1999. Endorsement No. 001 Premium $ INCL. February 28, 2018 CALIFORNIA NATIONAL CITY' L rNCORpOR T$D J REVIEW AND APPROVAL OF CONTRACT DOCUMENTS FORM G 0001 2- RECEIVED MAR 0 5 2018 City of National City City Attorney's Office PROJECT: WILSON AVENUE AND W. 22ND STREET IMPROVEMENTS CIP NO.:17-19 AWARDING RESO. 2018-16 DATE: 2-6-18 CONTRACTOR: PAL GENERAL ENGINEERING, 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 th alon with this form to the Mayor fohhis signature. COMMENTS: Completed ( ) ********* ************************* 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. e • . aniello City Engineer RESOLUTION NO. 2018 — 16 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO PAL GENERAL ENGINEERING, INC., IN THE NOT -TO -EXCEED AMOUNT OF $355,404 FOR THE WILSON AVENUE AND WEST 22ND STREET IMPROVEMENTS PROJECT, AUTHORIZING A 15% CONTINGENCY IN THE AMOUNT OF $53,310.60 FOR ANY UNFORESEEN CHANGES; AND AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT WHEREAS, the Wilson Avenue and West 22nd Street Improvements Project (the "Project") includes pedestrian, bicycle, and streetscape enhancements along Wilson Avenue and West 22nd Street in National City, and is fully funded through a State Strategic Growth Council Affordable Housing and Sustainable Communities (AHSC) Program grant; and WHEREAS, January 15, 2018, seven (7) bids were received electronically on PlanetBids by the 2:00 p.m. deadline; and WHEREAS, PAL General Engineering, Inc., was the lowest responsive bidder qualified to perform the work as described in the project specifications with a total bid amount of $355,404; and WHEREAS, a 15% contingency amount up to $53,310.60 for any unforeseen changes to the Project is recommended by staff. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for the Wilson Avenue and West 22nd Street Improvements Project to the lowest responsive, responsible bidder, to wit: PAL GENERAL ENGINEERING, INC. BE IT FURTHER RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute on behalf of the City a contract in the amount of $355,404 with PAL General Engineering, Inc., for the Wilson Avenue and West 22" Street Improvements Project. Said contract is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the City Council hereby authorizes a 15% contingency amount up to $53,310.60 for any unforeseen changes to the Project. PASSED and ADOPTED this 6,h day of February 018. orrison, Mayor ATTEST: APPROVED AS TO FORM: y Mi hael R. Dalla it Clerk Y vac P. Morris -Jones y Attorney Passed and adopted by the Council of the City of National City, California, on February 6, 2018 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 Jerk of the City FSf National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2018-16 of the City of National City, California, passed and adopted by the Council of said City on February 6, 2018. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 6, 2018 AGENDA ITEM NO. 19 EM TITLE: Resolution of the City Council of the City of National City, 1) awarding a contract to PAL General Engineering, Inc. in the not -to -exceed amount of $355,404 for the Wilson Avenue and W. 22nd Street Improvements Project, CIP No. 17-19; 2) authorizing a 15% contingency in the amount of $53,310.60 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: IANCIAL STATEMENT: ACCOUNT NO. Contract Award (funds available through prior City Council appropriations) 296-409-500-598-1597: $355,404.00 15% Contingency (funds available through prior City Council appropriations) 296-409-500-598-1597: $53,310.60 No additional appropriations required.' APPROVED: APPROVED: W44-4/4,/tir— Finance MIS ENVIRONMENTAL REVIEW: CEQA Notice of Categorical Exemption will be filed with County Recorder's Office prior to starting construction. ORDINANCE: INTRODUCTION: FINAL ADOPTION: 1 STAFF RECOMMENDATION: Adopt Resolution awarding a contract to PAL General Engineering, Inc. in the not -to -exceed amount of $355,404 for the Wilson Avenue and W. 22nd Street Improvements Project, CIP No. 17-19. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Bid Opening Summary 3. Three Lowest Bidders Summary 4. Resolution /F'esa�t 1 /do. 2af8- 1 , EXPLANATION The project includes pedestrian, bicycle and streetscape enhancements along Wilson Avenue and W. 22nd Street in National City. Specific improvements include construction of new sidewalk, Americans with Disabilities Act (ADA) curb ramps, asphalt and concrete paving, Class II bicycle facilities, lighting, and landscaping. The proposed improvements will provide pedestrian and bicycle connections from the Paradise Creek Housing project (formerly known as Westside Infill Transit Oriented Development) and 24th Street Trolley Station to the planned Paradise Creek Park expansion site located on the west side of Paradise Creek adjacent to Harding Avenue. This project is fully funded through a State Strategic Growth Council Affordable Housing and Sustainable Communities (AHSC) Program grant. On December 20, 2017, the bid solicitation was posted on PlanetBids, a free public electronic bidding system for contractors. On December 22, 2017 and December 29, 2017, the bid solicitation was advertised in local newspapers. On January 15, 2018, seven (7) bids were received electronically on PlanetBids by the 2:00 p.m. deadline. Bid results were available immediately after the 2:00 p.m. deadline. PAL General Engineering, Inc. (PAL) was the apparent lowest bidder with a total bid amount of $355,404 as the basis of award. Upon review of all documents submitted, PAL's bid was deemed responsive. Based on some performance issues by PAL on two previous National City capital improvement projects, 8th Street Smart Growth Revitalization and Community Corridors, both of which were completed in 2015, staff held a "responsibility" hearing with PAL on January 23, 2018. The purpose of the hearing was to ask questions and gather information regarding PAL's performance on other capital projects they completed over the past three years, current workload, financial stability, experience of the project team assigned to complete the Wilson Avenue and W. 22nd Street Improvements Project, and other indicators to determine whether or not PAL is responsible and capable of completing the project on schedule per the plans and specifications. Based on review of the information provided by PAL at the responsibility hearing, additional documentation requested from the hearing, and extensive reference checks on similar projects completed by PAL over the past three years, staff has determined that PAL is the lowest responsible bidder qualified to perform the work as described in the project specifications. Therefore, staff recommends awarding a contract to PAL General Engineering, Inc. in the not -to -exceed amount of $355,404. Staff also recommends authorizing a 15% contingency in the amount of $53,310.60 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 June 2018. Updates will be provided on the City's CIP website at: nationalcityprojects.com. NAME: CIP NO: DATE: TIME: -10- CALIFORNIA -. NATIONAL CITY azati tarcoapoRATtp BID OPENING RESULTS WILSON AVENUEAND W. 2 STREET IMPROVEMENTS- 17-19 Monday, January 15, 2018 2:00 P.M. ESTIMATE: $310,000 PROJECT ENGINEER: Stephen Manganiello NO. BIDDER'S NAME BID AMOUNT ADDENDA BID SECURITY - BOND 1 PAL General Engineering, Inc. 10675 Treena Street, Suite 103 San Diego, CA 92131 $355,404.00 N/A Bond 2 Just Construction, Inc. 3103 Market Street San Diego, CA 92102 $369,854.70 N/A Bond 3 Tri-Group Construction and Development, Inc. 9580 Black Mountain Rd. Suite L, San Diego, CA 92126 $412,821.00 N/A Bond 4 Blue Pacific Engineering & Construction 7330 Opportunity Rd #J San Diego, CA 92111 $467,298.00 N/A Bond 5 LC Paving & Sealing Inc 330 Rancheros Dr #208 San Marcos, CA 92069 $478,429.38 N/A Bond Miramar General Engineering 5595 Magnatron Blvd, Suite P San Diego, CA 92111 $485,998.00 N/A Bond 6 Eagle Paving 13915 Danielson Street Poway, CA 92064 $559,718.00 N/A Bond -1- Bid Results tor Project Wilson Avenue and W. 22nd Street Improvements, CIP No. 17-19 PAL General Engineering, Inc. Just Construction, Inc. Tri Group Construction Item No. Description Unit Qty. Unit Price Extension (Quantity x Unit Price) Unit Price Extension (Quantity x Unit Price) Unit Price Extension (Quantity x Unit Price) Base Bid 1 Mobilization LS 1 $6,200.00 $6,200.00 $10,700.00 $10,700.00 $12,000.00 $12,000.00 2 Traffic Control LS 1 $29,650.00 $29,650.00 $9,095.00 $9,095.00 $6,500.00 $6,500.00 3 Construction Survey Staking LS ]. $8,568.00 $8,568.00 $8,399.50 $8,399.50 $6,500.00 $6,500.00 4 Water Pollution Control LS 1 $4,500.00 $4,500.00 $1,605.00 $1,605.00 $6,500.00 $6,500.00 5 Utility Coordination LS 1 $3,500.00 $3,500.00 $1,605.00 $1,605.00 $1,000.00 $1,000.00 6 Clearing and Grubbing LS 1 $23,000.00 $23,000.00 $26,750.00 $26,750.00 $40,000.00 $40,000.00 7 Unclassified Excavation CY 52 $85.00 $4,420.00 $85.60 $4,451.20 $50.00 $2,600.00 8 Remove Asphalt pavement and base SF 988 $11.00 $10,868.00 $3.70 $3,655.60 $2.00 $1,976.00 9 Construct Asphalt Concrete Pavement 4" AC TON 24 $500.00 $12,000.00 $374.50 $8,988.00 $350.00 $8,400.00 10 Untreated aggregate base 9" AB CY 27 $80.00 $2,160.00 $85.60 $2,311.20 $100.00 $2,700.00 11 PCC Driveway Approach (SDRSD G-14B) SF 1,582 $10.00 $15,820.00 $15.00 $23,730.00 $10.00 $15,820.00 12 6" PCC Curb and Gutter (SDRSD G-2) LF 443 $38.00 $16,834.00 $28.90 $12,802.70 $37.00 $16,391.00 13 PCC Cross Gutter (SDRSD G-12) SF 162 $26.00 $4,212.00 $15.00 $2,430.00 $22.00 $3,564.00 PAL General Engineering, Inc. Just Construction, Inc. Tri Group Construction Item No Description Unit Qty. Unit Price Extension (Quantity x Unit Price) Unit Price Extension (Quantity x Unit Price) Unit Price Extension (Quantity x Unit Price) 14 4" PCC Sidewalk (SDRSD G-7) SF 2,645 $6.00 $15,870.00 $8.60 $22,747.00 $10.00 $26,450.00 15 Curb Ramp, Type A (SDRSD G-27) EA 1 $3,500.00 $3,500.00 $3,745.00 $3,745.00 $5,000.00 $5,000.00 16 Replace existing utility covers with traffic rated covers and adjust to grade EA 6 $1,000.00 $6,000.00 $856.00 $5,136.00 $300.00 $1,800.00 17 Signing and Striping LS 1 $6,043.00 $6,043.00 $6,420.00 $6,420.00 $5,500.00 $5,500.00 18 Furnish and Install 15 ft. Single Street Light Pole with LED Luminaire EA 3 $6,773.00 $20,319.00 $7,329.50 $21,988.50 $6,700.00 $20,100.00 19 Furnish and Install 23 ft. Double Street Light Pole with LED Luminaires EA 5 $14,122.00 $70,610.00 $17,655.00 $88,275.00 $19,000.00 $95,000.00 20 Furnish and Install 2" PVC electrical conduit LF 1,250 $34.00 $42,500.00 $17.10 $21,375.00 $40.00 $50,000.00 21 Furnish and Install electrical wiring for street lighting LS 1 $7,935.00 $7,935.00 $6,955.00 $6,955.00 $9,100.00 $9,100.00 22 Furnish and Install #5 pull box EA 9 $605.00 $5,445.00 $695.50 $6,259.50 $380.00 $3,420.00 23 Furnish and Install Disconnect Enclosure and Load Center, Relocate and Reconnect Existing Irrigation Controller. LS 1 $3,450.00 $3,450.00 $5,885.00 $5,885.00 $5,000.00 $5,000.00 24 Landscape Planting LS 1 $9,500.00 $9,500.00 $37,450.00 $37,450.00 $21,000.00 $21,000.00 25 Irrigation Systems LS 1 $5,000.00 $5,000.00 $16,745.50 $16,745.50 $39,000.00 $39,000.00 26 4 Months Landscape Maintenance LS 1 $12,500.00 $12,500.00 $5,350.00 $5,350.00 $2,500.00 $2,500.00 PAL General Engineering, Inc. Just Construction, Inc. Tri Group Construction Item N®. Description Unit Qty. Unit Price Extension (Quantity x y Unit Price) Unit Price Extension (Quantity x Unit Price) Unit Price Extension (Quantity x Unit Price) 27 Field Orders LS 1 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 Grand Total $355,404.00 $369,854.70 $412,821.00 A RESOLUTION NO. 2018 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO PAL GENERAL ENGINEERING, INC., IN THE NOT -TO -EXCEED AMOUNT OF $355,404 FOR THE WILSON AVENUE AND WEST 22ND STREET IMPROVEMENTS PROJECT, AUTHORIZING A 15% CONTINGENCY IN THE AMOUNT OF $53,310.60 FOR ANY UNFORESEEN CHANGES; AND AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT WHEREAS, the Wilson Avenue and West 22nd Street Improvements Project (the "Project") includes pedestrian, bicycle, and streetscape enhancements along Wilson Avenue and West 22nd Street in National City, and is fully funded through a State Strategic Growth Council Affordable Housing and Sustainable Communities (AHSC) Program grant; and WHEREAS, January 15, 2018, seven (7) bids were received electronically on PlanetBids by the 2:00 p.m. deadline; and WHEREAS, PAL General Engineering, Inc., was the lowest responsive bidder qualified to perform the work as described in the project specifications with a total bid amount of $355,404; and WHEREAS, a 15% contingency amount up to $53,310.60 for any unforeseen changes to the Project is recommended by staff. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for the Wilson Avenue and West 22nd Street Improvements Project to the lowest responsive, responsible bidder, to wit: PAL GENERAL ENGINEERING, INC. BE IT FURTHER RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute on behalf of the City a contract in the amount of $355,404 with PAL General Engineering, Inc., for the Wilson Avenue and West 22nd Street Improvements Project. Said contract is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the City Council hereby authorizes a 15% contingency amount up to $53,310.60 for any unforeseen changes to the Project. PASSED and ADOPTED this 6th day of February, 2018. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Angil P. Morris -Jones City Attorney CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950-4397 619-336-4228 Michael R. Dalia, CMC - City Clerk March 8, 2018 Mr. Abd Jahshan, Vice President PAL General Engineering, Inc. 10675 Treena Street, Suite 103 Chula Vista, CA 92131 Dear Mr. Jahshan, On February 6th, 2018, Resolution No. 2018-16 was passed and City Council of the City of National City, authorizing execution Agreement with PAL General Engineering, Inc. We are forwarding a certified copy of the above Resolution and a fully Agreement. Michael R. Dalla, CMC City Clerk Enclosures adopted by the of a Contractor executed original