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2018 CON DBX, Inc. - Highland Avenue and E. 28th Street Traffic Signal Improvements, CIP No 18-04
OWNER - CONTRACTOR AGREEMENT HIGHLAND AVENUE AND E. 28T" STREET TRAFFIC SIGNAL IMPROVEMENTS, CIP NO. 18-04 This Owner -Contractor Agreement ("Agreement") is made by and between the City of National City, 1243 National City Boulevard National City, California 91950 and DBX, Inc. ("Contractor"), 42024 Avenida Alvarado, Ste. A, Temecula CA, 92590 on the 19th day of June, 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. ayor, City of National City Attest: City Clerk, City of Na1G6nal City Contractor: , Inc. ner/Officer signature) James C. Perry, President Print name and title ono Q.�.�,.,._. cond officer signature if a corporation) James C. Perry, Secretary/Treasurer Print name and title Contractor's City Business License No. 240547 A & C-10 State Contractor's License No. and Class 42024 Avenida Alvarado, Suite A Business street address Temecula, CA 92590 City, State and Zip Code CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 0 galas CIVIL CODE § 1189 00,0318fitkorcra0f- Me* 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 Riverside } On June 25, 2018 before me, Phyllissa Martz, Notary Public Date personally appeared James C. Perry Here Insert Name and Title of the Officer Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. PHYLLISSA MARTZ Notary Public - California Riverside County Commission # 2159844 My Comm. Expires Aug 11, 2020 z z D Place Notary Seal and/or Stamp Above 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 OPTIONAL Signature of Notary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — 0 Limited 0 General ❑ Individual 0 Attorney in Fact ❑ Trustee 0 Guardian of Conservator ❑ Other: Signer is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — 0 Limited 0 General ❑ Individual 0 Attorney in Fact ❑ Trustee ❑ Other: Signer is Representing: 0 Guardian of Conservator ©2017 National Notary Association 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 Sheet - Addendum 2 Highland Avenue and E. 28th Street Traffic Signal Improvements, CIP No. 18-04 Item # Item Description (S) Indicates Specialty Item Quantity Unit Unit Price Amount 1 Bonding 1 LS 3001), 3 -a .>,u0 2 Mobilization/ Demobilization 1 LS 7517J.` —1 Sum, up 3 Surveying and Construction Staking (S) 1 LS "bOOLD uu 3 L W. t 4 Clearing and Grubbing 1 LS goo,vv g00.0O 5 Traffic and Pedestrian Control 1 LS —i 000 0:2, --r000, 03 6 Water Pollution Control/ BMP's 1 LS is 0.-1 .L7= IS t;,c. u 7 Signing and Striping (S) 1 LS $3ov.uQ 8300.O 8 Traffic Signal Modification (S) 1 LS tys1ici.0. 1QS--riq,v1/41\ g Install Type B-3 Median Curb Per SDRSD G-6 on Existing Asphalt Pavement 70 LF q 0 ,vO u, 3 o� , uJ 10 Install 6" Concrete Median on Existing Pavement 150 SF y 0, C, is, txxc , OG Highland Avenue and E. 28th Street Traffic Signal Improvements Total: -2-- c1 -27 Cj 00 • nal Im rovements, CIP No. 18-04 Highland Avenue and E. 28th Street Traffic SirQuantityJnit Item # Item Description (S) Indicates Specialty Item111111 � Unit Price Amount By signing and submitting this bid, the contractor confirms that they are familiar with the work site and all existing conditions that may affect their work and that they have read and agree to all the terms, conditions and requirements contained or referenced herein and that all the aforementioned has been included in the bid prices listed above including items of work that may not have a specific pay line item and that there shall be no additional costs to the Owner. DBX, Inc. Legal Name of the Business Corporation Business Type (Corporation, Partnership, Sole Proprietor) DBA James C. Perry, President Name and Title of Owner James C. Perry, Secretary/Treasurer Name and Title of second partner or officer 42024 Aven, Alvarado, Suite A, Temecula, CA 92590 Business Address V/ (.1 ,,_„ r A,, 5/4/18 4 i 0 .` 5/4/18 Signature of Prime Contractor, Date Signature of Prime tontradtor, Date James C. Perry, President James C. Perry, Secretary/Treasurer Print Name and Title Print Name and Title (If the Prime Contractor is a corporation two signatures of corporate officers are required.) 1, James C. Perry CORPORATE CERTIFICATE certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that James C. Perry , who signed said contract on behalf of the Contractor, was then President/Secretary/Treasurer of said Corporation; that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers. James C. Perry certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that James C. Perry , who signed said contract on behalf of the Contractor, was then President/Secretary/Treasurer of said Corporation; that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers. Corporate Seal: 0.44.A C PQ i"---� CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Riverside } On June 25, 2018 before me, Phyllissa Martz, Notary Public Date personally appeared James C. Perry Here Insert Name and Title of the Officer Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. PHYLLISSA MARTZ Notary Public - California Riverside County Commission # 2159844 M Comm. Ex.ires Au r 11, 2020 Place Notary Seal and/or Stamp Above 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 OPTIONAL Signature of Notary Pu is Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — 0 Limited 0 General ❑ Individual 0 Attorney in Fact ❑ Trustee 0 Guardian of Conservator ❑ Other: Signer is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — 0 Limited 0 General ❑ Individual ❑ Trustee ❑ Other: ❑ Attorney in Fact ❑ Guardian of Conservator Signer is Representing: ©2017 National Notary Association PARTNERSHIP CERTIFICATE STATE OF ) COUNTY OF ) On this day of , 2018, before me, the undersigned, a Notary Public in and for said County and State, personally appeared: ) ss (Notary Seal) known to me to be of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. Signature: Name (Type or Print): (Notary Public in and for said County and State) My Commission expires: EXECUTED IN THREE COUNTERPARTS BOND# 12150196 PREMIUM: $2,154 PERFORMANCE BOND WHEREAS, the City Council of the City of National City, by Resolution No. 2018-95, on the 19th day of June, 2018, has awarded to DBX, Inc., hereinafter designated as the "Principal", the HIGHLAND AVENUE AND E. 28' STREET TRAFFIC SIGNAL IMPROVEMENTS, CIP No. 18-04 WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract. NOW, THEREFORE, we, the Principal and THE GUARANTEE COMPANY OF NORTH AMERICA USA as surety, are held and firmly bound unto the City of National City, hereinafter called the "City", in the penal sum of Two Hundred Thirty Nine Thousand, Two Hundred Seventy Nine ($239,279.00) 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, its officers, agents, employees, and volunteers 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 and judgment is recovered, the surety shall pay all costs incurred by the City 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 22ND day of JUNE , 2018. THE GUARANTEE COMPANY OF .NORT EA USA (SEAL) DBX, INC. (SEAL) EAL) %Y : AA ' �� � (SEAL) CHARL S . FLAKE ATTORNEY -IN -FACT (SEAL) I 9-'` • (SEAL) Surety Principal CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT itgg CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Riverside } On June 25, 2018 before me, Phyllissa Martz, Notary Public Date personally appeared James C. Perry Here Insert Name and Title of the Officer Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. PHYLLISSA MARTZ Notary Public - California Riverside County Commission # 2159844 D My Comm. Exres Aug 11, 2020 C Place Notary Seal and/or Stamp Above 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 OPTIONAL Signature of Notary Pu c Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — 0 Limited 0 General ❑ Individual 0 Attorney in Fact ❑ Trustee ❑ Other: Signer is Representing: Signer is Representing: Signer's Name: O Corporate Officer — Title(s): O Partner — 0 Limited 0 General ❑ Individual ❑ Trustee ❑ Other: ❑ Attorney in Fact ❑ Guardian of Conservator 0 Guardian of Conservator ©2017 National Notary Association PERFORMANCE BOND ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY 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 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 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County of Orange On 6-22-18 Date before me, Lexie Sherwood personally appeared Charles L. Flake } Insert Name of Notary exactly as it appears on the official seal Name(s) of Signer(s) , Notary Public, LEXIE SHERWOOD COMM. # 2203287 NOTARY PUBUC • CAUFORNIA ORANGE COUNTY Comm. Exp. JULY 27_2021 Place Notary Seal Above 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 OPTIONAL Signature of NotAry Public" LeXle Snerwoo Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer —Title(s): ❑ Corporate Officer —Title(s): ❑ Partner ❑ Limited ❑ General ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Attorney in Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer is Representing: Signer is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here GUARANTEE The Guarantee Company of North America USA Southfield, Michigan POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint David L. Culbertson, Charles L. Flake, Richard A. Coon, Spencer Flake Culbertson Insurance Services, Inc. its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise. The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By -Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31s'day of December, 2003. The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority: 1. To appoint Attorney(s)-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and 2. To revoke, at any time, any such Attorney -in -fact and revoke the authority given, except as provided below 3. In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority 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. 4. 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. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 6th day of December 2011, of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 2nd day of October, 2015. THE GUARANTEE COMPANY OF NORTH AMERICA USA STATE OF MICHIGAN Stephen C. Ruschak, President & Chief Operating Officer Randall Musselman, Secretary County of Oakland On this 2nd day of October, 2015 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of said company. Cynthia A. Takai Notary Public, State of Michigan County of Oakland My Commission Expires February 27, 2024 Acting in Oakland County IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Company of North America USA offices the day and year above written. ,'C.c-ki a • - I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect. IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 22nd day of June , 2018 Randall Musselman, Secretary EXECUTED IN THREE COUNTERPARTS PAYMENT BOND BOND# 12150196 PREMIUM: INCLUDED IN PERFORMANCE BOND WHEREAS, the City Council of the City of National City, by Resolution No. 2018-95, on the 19th day of June, 2018, has awarded to DBX, Inc., hereinafter designated as the "Principal", the HIGHLAND AVENUE AND E. 28TH STREET TRAFFIC SIGNAL IMPROVEMENTS, CIP No. 18-06 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; THE GUARANTEE COMPANY OF NOW, THEREFORE, we, the Principal and NORTH AMERICA USA as surety, are held and firmly bound unto the City of National City, hereinafter called the "City", in the penal sum of Two Hundred Thirty Nine Thousand, Two Hundred Seventy Nine ($239,279.00) 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 22ND day of JUNE , 2018. THE GUARANTEE COMPANY OF NORTH + yICAN USA (SEAL) DBX, INC. (SEAL) AL) aVYILD & E _ - (SEAL) CHARLES L. FLAKE ATTORNEY —IN —FACT (SEAL) �,Ck.,Q.) \ ... (SEAL) BY: Surety Principal CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Riverside } On June 25, 2018 before me, Phyllissa Martz, Notary Public Date personally appeared James C. Perry Here Insert Name and Title of the Officer Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. z PHYLLISSA MARTZ Notary Public - California Riverside County Commission # 2159844 My Comm. Expires Aug 11, 2020 Place Notary Seal and/or Stamp Above 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 W/Y>k. OPTIONAL ignature of Notary Pubtrc Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — 0 Limited 0 General ❑ Individual 0 Attorney in Fact ❑ Trustee 0 Guardian of Conservator ❑ Other: Signer is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — 0 Limited 0 General ❑ Individual 0 Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: ©2017 National Notary Association STATE OF ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY ) 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: ATTACH ALL BONDS CALIFORNIA ALL-PURPOSE 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 Orange On 6-22-18 Date before me, Lexie Sherwood personally appeared Charles L. Flake } Insert Name of Notary exactly as it appears on the official seal Name(s) of Signer(s) , Notary Public, LEXIE SHERWOOD COMM. # 2203287 C NOTARY PUBLIC • CAUFORNIA n ORANGE COUNTY a Comm. Exp. JULY 27, 2021 Place Notary Seal Above 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 off ial seal. Nota ublic Signature OPTIONAL Signature of L€xie Sherwood Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner ❑ Limited ❑ General ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Attorney in Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: ❑ Individual ❑ Corporate Officer —Title(s): RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer is Representing: Signer is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here THE GUARANTEErM The Guarantee Company of North America USA Southfield, Michigan POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint David L. Culbertson, Charles L. Flake, Richard A. Coon, Spencer Flake Culbertson Insurance Services, Inc. its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise. The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By -Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 315t day of December, 2003. The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority: 1. To appoint Attorney(s)-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and 2. To revoke, at any time, any such Attorney -in -fact and revoke the authority given, except as provided below 3. In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority 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. 4. 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. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 6th day of December 2011, of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 2nd day of October, 2015. THE GUARANTEE COMPANY OF NORTH AMERICA USA STATE OF MICHIGAN Stephen C. Ruschak, President & Chief Operating Officer Randall Musselman, Secretary County of Oakland On this 2nd day of October, 2015 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of said company. Cynthia A. Takai Notary Public, State of Michigan County of Oakland My Commission Expires February 27, 2024 Acting in Oakland County IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Company of North America USA offices the day and year above written. I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect. IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 22nd day of June , 2018 Randall Musselman, Secretary ACO CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 6/25/2018 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 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 GMGS Risk Management & Insurance Services 12 Truman Irvine, CA 92620 www.gmgs.com 0B84519 INSURED DBX Inc. 42024 Avenida Alvarado, Suite A Temecula CA 92590 CONTACT NAME: PHONE (A/C, No, Ext): E-MAIL ADDRESS: (949) 559-6700 FAX (A/C. No): (949) 559-6703 INSURER(S) AFFORDING COVERAGE INSURER A : Travelers Indemnity Company of Connecticut INSURER B : Travelers Property Casualty Co of Amer INSURER C : State Compensation Insurance Fund of CA INSURER D : NAIC # 25682 25674 35076 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 42738535 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ISUBR LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MMIDD/YYYY) LIMITS A `/ COMMERCIAL GENERAL LIABILITY DT22-CO-7202P439-TCT-18 3/1/2018 3/1/2019 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE ✓ OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ 300,000 ✓ XCU,BFPD,ICP,Wrap Excl MED EXP (Any one person) $ 5,000 ✓ Contractual Liability PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PRO JECT PER: LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 $ B AUTOMOBILE ✓ _ ✓ LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY ✓ SCHEDULED AUTOS NON -OWNED AUTOS ONLY BA-7202P439-18-CNS 3/1/2018 3/1/2019 EaaBc:cidEefDitSINGLELIMIT $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ B ✓ UMBRELLA LIAB EXCESS LIAB / OCCUR CLAIMS -MADE CUP-1J930129-18-26 3/1/2018 3/1/2019 EACH OCCURRENCE $10,000,000 AGGREGATE $ 10,000,000 DED ✓ RETENTION $10,000 $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N/A 9218083-2017 10/1/2017 10/1/2018 �/ STATUTE ERH 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) Highland Avenue and E. 28th Street Traffic Signal Improvements; CIP No. 18-04 This certificate may be relied upon only if the certificate addendum referred to herein is attached hereto. CERTIFICATE HOLDER CANCELLATION City of National City 1243 National City Boulevard 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 Calvin Sistrunk ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 42738535 •18/19 GL, Auto, Umb, WC I Blanca Roque 16/25/2018 11:36:33 AM (PDT) I Page 1 of 11 AGENCY CUSTOMER ID: LOC #: ACORD ADDITIONAL REMARKS SCHEDULE Page of AGENCY GMGS Risk Management & Insurance Services POLICY NUMBER CARRIER NAIC CODE NAMED INSURED DBX Inc. 42024 Avenida Alvarado, Suite A Temecula CA 92590 EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability (03/16) HOLDER: City of National City ADDRESS: 1243 National City Boulevard National City CA 91950 Highland Avenue and E. 28th Street Traffic Signal Improvements; CIP No. 18-04 As respects General Liability coverage, City of National City and its elected officials, officers, employees, agents, representatives, consultants, contract employees and volunteers added as Additional Insured and this insurance is primary, per CGD2460805 attached. As respects General Liability coverage, a Waiver of Subrogation is hereby included per CGD3161111 attached. As respects Automobile Liability coverage, City of National City and its elected officials, officers, employees, agents, representatives, consultants, contract employees and volunteers added as Additional Insured, per CAT3530215 attached. As respects Automobile Liability coverage, a Waiver of Subrogation is hereby included, per CAT3530215 attached. As respects Workers' Compensation coverage, a Waiver of Subrogation is hereby included per 2572 attached. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ADDENDUM 42738535 I •18/19 GL, Auto, Umb, WC 1 Blanca Roque 16/25/2018 11:36:33 AM (PDT) I Page 2 of 11 • DBX Inc. DT22-CO-7202 P439-TCT-18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY COMMERCIAL GENERAL LIABILITY BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED — (Section II) 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 III — 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: 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 ii. 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 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: CG D2 46 08 05 © 2005 The St. Paul Travelers Companies, Inc. Page 1 of 2 42738535 1 *18/19 GL, Auto, Umb, WC 1 Blanca Roque 1 6/25/2018 11:36:33 AM (PDT) 1 Page 3 of 11 COMMERCIAL GENERAL LIABILITY i. How, when and where the "occurrence" or offense took place; ii. The names and addresses of any injured persons and witnesses; and iii. 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 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. Page 2 of 2 © 2005 The St. Paul Travelers Companies, Inc. 42738535 I "18/19 GL, Auto, Umb, WC I Blanca Roque 16/25/2018 11:36:33 AM (PDT) Page 4 of 11 CGD2460805 • DBX Inc. DT22-CO-7202 P439-TCT-18 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 II — 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 partners, 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: (a) Any individual who is: (i) A partner or member of any part- nership or joint venture; CG D3 16 11 11 (3) COMMERCIAL GENERAL LIABILITY (ii) A manager of any limited liability company; or (iii) 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. 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. K. 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. L. 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: © 2011 The Travelers Indemnity Company. All rights reserved. Page 5 of 6 42738535 I •18/19 GL, Auto, Umb, WC I Blanca Roque 16/25/2018 11(36:33 AM (PDT) 1 Page 5 of 11 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: 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. N. 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 D3 1611 11 42738535 *18/19 GL, Auto, Umb, WC 1 Blanca Roque 16/25/2018 11:36:33 AM (PDT) Page 6 of 11 DBX Inc. BA-7202P439-18-CNS 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 those 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 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 forrn 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 AUTOS LIABILITY COVERAGE: Any person or organization who is required under a written contact 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 CAT3530215 H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE — INCREASED LIMIT I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT J. PERSONAL PROPERTY K. AIRBAGS L, NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS M. BLANKET WAIVER OF SUBROGATION N, 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 11 — 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 115„ Other Insurance, of SECTION IV — BUSI- NESS AUTO 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" hired or rented by your "employee" under a contract In an "employee's" name, with your 2015 The Travelers Indemnity Cornpany. All rights reserved, Page 1 of 4 includes copyrighted material of Insurance Services Office, Inc. with Its permission. 42738535 .18/19 GL, Auto, Umb, WC ! Blanca Roque 16/25/2018 11:36:33 AM (PDT) I Page 7 of 11 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 II — 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 II — 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 (5) In Para- graph B.7., Policy Period, Coverage Territory, of SECTION IV — BUSINESS AUTO CONDI- TIONS: (6) Anywhere in the world, except any country or jurisdict€on 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 such country or Jurisdiction, for Cov- 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. (c) (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: (€) 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, (ili) 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 II — 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 insurance is excess over any valid and collectible other Insurance available to the "Insured" whether primary, excess, contingent or on any other basis. 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 © 2016 The Travelers Indemnity Company. Ail rights reserved. Includes copyrighted material or Insurance Services Office, Inc. with its permission. CA 73 63 02 16 42738535 I •18/19 GL, Auto, Umb, WC I Blanca Roque 16/25/2018 11:36:33 AM (PDT) I Page 8 of 11 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 compiled 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 possosslons, 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 loss of use Is 585 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 III — PHYSICAL DAMAGE COVER- AGE: We will pay up to $50 per day to a maximum of M. 51,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type, J. PERSONAL PROPERTY The following Is added to Paragraph A.4., Cover - ago 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 CA T3 53 02 16 L. 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 ono "loss", 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 aro 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", BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A,S., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — BUSINESS AUTO CONDI- TIONS; 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 0 2015 The Travelers Indemnity Company. All trghts reserved, Page 3 of 4 Includes copyrighted material or Insurance Services Orrice, inc, With its permission. 42738535 I *18/19 GL, Auto, Umb, WC I Blanca Roque 1 6/25/2018 11:36:33 AM (PDT) I Page 9 of 11 COMMERCIAL AUTO such contract, Tho waiver applies only to the person or organization designated in such contract. N. UNINTENTIONAL ERRORS OR OMISSIONS Tho following is added to Paragraph B.2., Con- cealment, Misrepresentation, Or Fraud, of SECTION IV — BUSINESS AUTO CONDITIONS: The unintentional omission of, or unintentional error 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 0 2015 The Travelers Indemnity Company, All rights reserved. Includes copyrighted material of Insurance Services Office, Inc. with its permission. CAT3530215 42738535 •18/19 GL, Auto, Umb, WC Blanca Roque 16/25/2018 11:36:33 AM (PDT) I Page 10 of 11 ENDORSEMENT AGREEMENT STATE COMPENSATION INSURANCE FUND HOME OFFICE SAN FRANCISCO WAIVER OF SUBROGATION BLANKET BASIS EFFECTIVE OCTOBER 1, 2017 AT 12.01 A.M. AND EXPIRING OCTOBER 1, 2018 AT 12.01 A.M. ALL EFFECTIVE DATES ARE AT 12:01 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME DBX, INC. 42024 AVENIDA ALVARADO, STE A TEMECULA, CA 92590 REP 02 9218083-17 NEW SP 1-29-45-17 PAGE 1 OF 1 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 2.00% OF THE TOTAL POLICY PREMIUM. SCHEDULE PERSON OR ORGANIZATION ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER JOB DESCRIPTION BLANKET WAIVER OF SUBROGATION NOTHING IN THIS ENDORSEMENT CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS. AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS OF THIS ENDORSEMENT. COUNTERSIGNED AND ISSUED AT SAN FRANCISCO: SEPTEMBER 25, 2017 ut AUTHORIZED REPRESENTP4IVE PRESIDENT AND CEO 42738L115F F�1REro1151( 9,7 A104;?„7qI ,1 C Blanca Roque I 6/25/2018 11:36:33 AN (PDT, Page 11 of 11 2572 CID DP 217 RESOLUTION NO. 2018 — 95 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO DBX, INC., IN THE NOT -TO -EXCEED AMOUNT OF $239,279 FOR THE HIGHLAND AVENUE AND EAST 28TH STREET TRAFFIC SIGNAL IMPROVEMENTS PROJECT (CIP NO. 18-04), AUTHORIZING A 15% CONTINGENCY IN THE AMOUNT OF $35,891.85 FOR ANY UNFORESEEN CHANGES, AND AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT WHEREAS, the Highland Avenue and East 28th Street Traffic Signal Improvements Project (the "Project") will install a new traffic signal with protected left -turn phasing next to Sweetwater High School, including Americans with Disabilities Act (ADA) enhancements, pedestrian countdown signal heads, audible pedestrian push button systems, fiber communications infrastructure, and other traffic signal equipment; and WHEREAS, on May 14, 2018, the Engineering Department publicly opened, examined, and declared five (5) sealed bids for the Highland Avenue and East 28' Street Traffic Signal Improvements Project; and WHEREAS, DMX, Inc., was the lowest responsive bidder qualified to perform the work as described in the project specifications with a total bid amount of $239,279, and WHEREAS, a 15% contingency amount up to $35,891.85 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 Highland Avenue and East 28th Street Traffic Signal Improvements Project to the lowest responsive, responsible bidder, to wit: DMX, 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 $239,279 with DMX, Inc., for the Highland Avenue and East 28th Street Traffic Signal 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 $35,891.85 for any unforeseen changes to the Project. PASSED AND ADOPTED this 19th day of June, 2018. ATTEST: Michael R. Dalla, ity Clerk on 1Vlorrison, Mayor APPROVED AS TO FORM: orris-J.nes torney Passed and adopted by the Council of the City of National City, California, on June 19, 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 Clerk of the City of National City, California ditax.CiN eputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2018-95 of the City of National City, California, passed and adopted by the Council of said City on June 19, 2018. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT (!2o/W- 35• MEETING DATE: June 19, 2018 AGENDA ITEM NO. 16 ITEM TITLE: Resolution of the City Council of the City of National City, 1) awarding a contract to DBX, Inc. in the not -to -exceed amount of $239,279 for the Highland Avenue and E. 28th Street Traffic Signal Improvements Project, CIP No. 18-04; 2) authorizing a 15% contingency in the amount of $35,891.85 for any unforeseen changes; and 3) authorizing the Mayor to execute the contract. Contract funded by Federal HSIP grant and TransNet Prop A. PREPARED BY: Jose Lopez, Assistant Engineer - Civil PHONE: 619-336-4312 APPROVED BY: EXPLANATION: See attached. DEPARTMENT: Engineering/Public Works 'INANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: See attached. Finance MIS ENVIRONMENTAL REVIEW: Caltrans Determination of Categorical Exclusion under 23 CFR 771.117 was approved March 23, 2015, and revalidated January 12, 2017. ORDINANCE: INTRODUCTION: [ FINAL ADOPTION: STAFF RECOMMENDATION: Adopt Resolution awarding a contract to DBX, Inc. in the not -to -exceed amount of $239,279 for the Highland Avenue and E. 28th Street Traffic Signal Improvements Project, CIP No. 18-04. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation w/ Financial Statement 2. Bid Opening Summary 3. Three Lowest Bidders Summary 4. Resolution k so / 71 o • 26 4 fr- 99- EXPLANATION The Highland Avenue and E. 28th Street Traffic Signal Improvements Project will install a new traffic signal with protected left -turn phasing next to Sweetwater High School, including Americans with Disabilities Act (ADA) enhancements, pedestrian countdown signal heads, audible pedestrian push button systems, fiber communications infrastructure, and other traffic signal equipment. On April 12, 2018, the bid solicitation was posted on PlanetBids, a free public electronic bidding system for contractors. On April 16, 2018 and April 23, 2018, the bid solicitation was advertised in local newspapers. On May 14, 2018 five (5) bids were received by the 2:00 p.m. deadline, opened and publicly disclosed. Bid results were available by the end of the business day, May 14, 2018. DBX, Inc. was the apparent lowest bidder with a total bid amount of $239,279 as the basis of award. DBX, Inc.'s bid was determined to be responsive. Upon review of all required documents submitted and reference checks, DBX, Inc. was deemed the lowest responsible bidder qualified to perform the work as described in the project specifications. Therefore, staff recommends awarding a contract to DBX, Inc. in the not -to -exceed amount of $239,279. Staff also recommends authorizing a 15% contingency in the amount of $35,891.85 to address any unforeseen conditions that may arise. Attached are the bid opening summary sheet and a line item summary of the three lowest bidders for reference. Construction is estimated to be completed by Spring 2019. Updates will be provided on the City's CIP website at: nationalcityprojects.com. Financial Statement Contract Award - $239,279.00 Revenue Account No. 296-06041-3498 - $154,000.00 Expenditure Account No. 296-409-500-598-6041 (Highland Avenue and E. 28th Street Traffic Signal Improvements) - $154,000.00 Expenditure Account No. 307-409-500-598-6558 (Traffic Signal Upgrades) - $85,279.00 15% Contingency - $35,891.85 Expenditure Account No. 307-409-500-598-6558 (Traffic Signal Upgrades) - $35,891.85 Notes: 1. Fund 296 (Engineering Grants) - funds available through prior City Council Appropriations 2. Fund 307 (TransNet Prop A) - funds will be available in FY 2019 through adoption of the 2018 Regional Transportation Improvement Program (RTIP); City Council authorized FY 2019 TransNet Prop A appropriations in the amount of $800,000 for Traffic Signal Upgrades on April 3, 2018 through adoption of Resolution No. 2018-49. BID OPENING RESULTS NAME: HIGHLAND AVENUE & E. 281h STREET TRAFFIC SIGNAL IMPROVEMENTS, CIP NO. 18-04 DATE: Monday, May 14, 2018 TIME: 2:00 P.M. ESTIMATE: $240,000 PROJECT ENGINEER: Roberto Yano, P.E. NO. BIDDER'S NAME BID AMOUNT ADDENDA #1,2 BID SECURITY - BOND 1 DBX, INC. 42024 Avenida Alvarado, Ste. A Temecula, CA 92590 $239,279.00 1,2 Bond 2 Lekos Electric, Inc. 1370 Pioneer Way El Cajon, CA 92020 $249,200.00 1,2 Bond 3 T&M, Inc. P.O. Box 710130 Santee, CA 92071 $251,950.00 1,2 Bond 4 HMS Construction, Inc. 2885 Scott Street Vista, CA 92081 $260,000.00 1,2 Bond 5 Southwest Signal Service 397 Raleigh Avenue El Cajon, CA 92020 $952,535.00* 1,2 Bond * FINAL BID AMOUNT CHANGED BASED ON REVIEW OF "QUANTITY X UNIT PRICE" FOR INDIVIDUAL LINE ITEMS OF WORK. -1- Bid Results for the Highland Avenue and E. 28th Street Traffic Signal Improvements, CIP No. 18-04 DBX, Inc. Lekos Electric, Inc. Lekos Electric, Inc. Item No. Item Description (S) Indicates Specialty Item Unit Qty. Unit Price Extension uanti x (Quantity Unit Price) Unit Price Extension uanti x (Quantity Unit Price) Unit Price Extension (Quantity x Unit Price) Base Bid - Highland Avenue and E: 28thi Street Enhancements (HSIPL-5066(028)) ' "=_ -•'•. ` •'' ..:. I' 1 Bonding LS 1 $ 3,000.00 $ 3,000.00 $3,690.00 $ 3,690.00 $3,000.00 $ 3,000.00 2 Mobilization/ Demobilization LS 1 $ 7,500.00 $ 7,500.00 $15,000.00 $ 15,000.00 $7,500.00 $ 7,500.00 3 Surveying and Construction Staking (S) LS 1 $ 3,000.00 $ 3,000.00 $1,900.00 $ 1,900.00 $7,500.00 $ 7,500.00 4 Clearing and Grubbing LS 1 $ 900.00 $ 900.00 $1,600.00 $ 1,600.00 $5,000.00 $ 5,000.00 5 Traffic and Pedestrian Control LS 1 $ 7,000.00 $ 7,000.00 $4,800.00 $ 4,800.00 $12,000.00 $ 12,000.00 6 Water Pollution Control/ BMP's LS 1 $ 1,500.00 $ 1,500.00 $2,500.00 $ 2,500.00 $5,000.00 $ 5,000.00 7 Signing and Striping (S) LS 1 $ 8,300.00 $ 8,300.00 $9,637.00 $ 9,637.00 $9,500.00 $ 9,500.00 8 Traffic Signal Modification (S) LS 1 $ 195,779.00 $ 195,779.00 $195,093.00 $ 195,093.00 $185,000.00 $ 185,000.00 9 Install Type B-3 Median Curb Per SDRSD G-6 on Existing Asphalt Pavement LF 70 $ 90.00 $ 6,300.00 $139.00 $ 9,730.00 $1 10.00 $ 7,700.00 10 Install 6" Concrete Median on Existing Pavement SF 150 $ 40.00 $ 6,000.00 $35.00 $ 5,250.00 $65.00 $ 9,750.00 Highland Avenue and E. 28th Street Enhancements Base Bid Total: $ 239,279.00 $ 249,200.00 $ 251,950.00 RESOLUTION NO. 2018 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO DBX, INC., IN THE NOT -TO -EXCEED AMOUNT OF $239,279 FOR THE HIGHLAND AVENUE AND EAST 28TH STREET TRAFFIC SIGNAL IMPROVEMENTS PROJECT (CIP NO. 18-04), AUTHORIZING A 15% CONTINGENCY IN THE AMOUNT OF $35,891.85 FOR ANY UNFORESEEN CHANGES, AND AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT WHEREAS, the Highland Avenue and East 28th Street Traffic Signal Improvements Project (the "Project") will install a new traffic signal with protected left -turn phasing next to Sweetwater High School, including Americans with Disabilities Act (ADA) enhancements, pedestrian countdown signal heads, audible pedestrian push button systems, fiber communications infrastructure, and other traffic signal equipment; and WHEREAS, on May 14, 2018, the Engineering Department publicly opened, examined, and declared five (5) sealed bids for the Highland Avenue and East 28th Street Traffic Signal Improvements Project; and WHEREAS, DMX, Inc., was the lowest responsive bidder qualified to perform the work as described in the project specifications with a total bid amount of $239,279, and WHEREAS, a 15% contingency amount up to $35,891.85 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 Highland Avenue and East 28th Street Traffic Signal Improvements Project to the lowest responsive, responsible bidder, to wit: DMX, 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 $239,279 with DMX, Inc., for the Highland Avenue and East 28th Street Traffic Signal 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 $35,891.85 for any unforeseen changes to the Project. PASSED AND ADOPTED this 19th day of June, 2018. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Angil P. Morris -Jones City Attorney PoRATEDA ,m ����1/lllllliix... 111111a\\ 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 DBX, INC. Owner -Contractor Agreement Highland Avenue and E. 28th Street Traffic Signal Improvements, CIP No. 18-04 Tirza Gonzales (Engineering/Public Works) forwarded a duplicate original Agreement to DBX, Inc..