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HomeMy WebLinkAbout2018 CON Bert W. Salas - Las Palmas Storm Drain Repair Project, CIP No. 17-16OWNER - CONTRACTOR AGREEMENT LAS PALMAS STORM DRAIN REPAIR, CIP 17-16 This Owner -Contractor Agreement ("Agreement") is made by and between the City of National City, 1243 National City Boulevard National City, California 91950 and Bert W. Salas, Inc. ("Contractor"), 10769 Woodside Ave., Ste. 201, Santee CA, 92071 on the 4th day of September, 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: S (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: /A City Clerk, City of tional City Contractor: Bert W. galas, Inc. (Owner/Officer signature) b S.\a-z- `ipc¢sair- Print name and title (Second officer signature i rporation) ,6w�' S�caz kl.;" -p rrep-c Print name and title Contractor's City Business License No. State Contractor's License No. and Class 10-4,1 LJa^s- c /L - 20/ Business street address SA.5-Tcsa- Cia 4)24r1 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. Bid Results for Project Las Palmas Storm Drain Repairs (CIP No. 17-16) VendorlD Company Name Address Address 2 656848 Bert W. Salas, 110769 Woodside Ave. Ste 201 Contact Phone Fax Email Bob Salaz 619-562-7711 619-258-3E bsalaz@bertsalasinc.com Item Num Section Item Code Description 1 Section 1 Mobilization/Demobilization 2 Section 1 Water Quality Control 3 Section 1 Clearing and Grubbing 4 Section 1 Grout Voids Around Existing Storm Drains 5 Section 1 Remove Existing 30" CMP and Replace with 30" RCP 6 Section 1 Remove Existing 36" CMP and Replace with 36" RCP 7 Section 1 Remove Existing 36" CMP and Replace with 36" Pipe 8 Section 1 Remove Existing 42" CMP and Replace with 42" Pipe 9 Section 1 18" Storm Drain Rehabilitation 10 Section 1 36" Storm Drain Rehabilitation 11 Section 1 42" Storm Drain Rehabilitation 12 Section 1 Remove Existing Tree 13 Section 1 Shoring and Bracing EXHIBIT B City State ZipCode Country Santee Vendor Type Unit of Me. Quantity LS LS LS CY LF LF LF LF LF LF LF EA LS 92071 United States Unit Price Line Total 1 $14,350.00 $14,350.00 1 $3,250.00 $3,250.00 1 $17,023.00 $17,023.00 2 $1,500.00 $3,000.00 43 $485.00 $20,855.00 123 $400.00 $49,200.00 28 $535.00 $14,980.00 110 $465.00 $51,150.00 69 $222.00 $15,318.00 94 $322.00 $30,268.00 389 $258.00 $100,362.00 8 $600.00 $4,800.00 1 $9,500.00 $9,500.00 Subtotal $334,056.00 Total $334,056.00 CORPORATE CERTIFICATE I, , a. 9�xa\zZ certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that PNb C- _ 'a1aZ Contractor, was then Se4. C`e-tZ , who signed said contract on behalf of the 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: PERFORMANCE BOND Bond No.: CMGP0001652 Premium: $7,516.00 Executed in Three (3) Originals WHEREAS, the City Council of the City of National City, by Resolution No. 2018-153, on the 4th day of September, 2018, has awarded to Bert W. Salas, Inc., hereinafter designated as the "Principal", the LAS PALMAS STORM DRAIN REPAIR, CIP No. 17-16 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 Argonaut Insurance Company as surety, are held and firmly bound unto the City of National City, hereinafter called the "City", in the penal sum of Three Hundred Thirty Four Thousand, Fifty Six ($334,056.00) 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 18th day of September 2018. Argonaut Insurance Company (SEAL) Bert W. Salas, Inc. (SEAL) C/o CMGIA — 20335 Ventura Blvd. Suite 426 Woodland Hill A 91364 (SEAL) (SEAL) � ice► (SEAL) (SEAL) Stephanie ' ope Shear, Attorney -in -fact Surety Principal 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: CMGP0001652 Argonaut Insurance Company $7,516.00 Deliveries Only: 225 W. Washington, 24th Floor Chicago, IL 60606 United States Postal Service: P.O. Box 469011, San Antonio, TX 78246 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Argonaut Insurance Company, a Corporation duly organized and exis ti Illinois and having its principal office in the County of Cook, Illinois does hereby nominate, constitute and appoint: Gabriella Grady, Shilo Lee Losino. Stephanie Hope Shear under the laws of the State of Their true and lawful agent(s) and attomey(s)-in-fact, each in their separate capacity if more than one is named above hake, execute, seal and deliver for and on its behalf as surety, and as its act and deed any and all bonds, contracts, agreements of indemnity and other undertakings in suretyship provided, however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of: $10,000,000.00 This Power of Attorney is granted and is signed and sealed under and by the authority of the Insurance Company: "RESOLVED, That the President, Senior Vice President, Vice President, Assistant execute powers of attorney, and such authority can be executed by use of facsimile the Company, qualifying the attorney or attorneys named in the given power .f att Argonaut Insurance Company, all bond undertakings and contracts of su IN WITNESS WHEREOF, Argonaut Insurance Company has cause officer on the 8th day of May, 2017. STATE OF TEXAS COUNTY OF HARRIS SS: ution adopted by the Board of Directors of Argonaut ent, Secretary, Treasurer and each of them hereby is authorized to e,7Vhich may be attested or acknowledged by any officer or attomey, of xecute in behalf of, and acknowledge as the act and deed of the affix the corporate seal thereto." 1 seal to be hereunto affixed and these presents to be signed by its duly authorized by. Argonaut Insurance Company Joshua C. Betz , Senior Vice President On this 8th day of May, 2017 A.D., before m a Notary Public of the State of Texas, in and for the County of Harris, duly commissioned and qualified, came THE ABOVE OFFICER OF THE COMPANY, to me personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknowledged the execution of same, and being by me duly sworn, deposed and said that he is the officer of the said Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said corporation, and that Resolution adopted by the Board of Directors of said Company, referred to in the preceding instrument is now in force. IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my Official Seal at the County of Harris, the day and year first above written. IY1111111°4(11184. .•`err"'��. KATHLEEN M. MEEKS 4f�: Notary Public. State of Texas ' 7 Comm. Expires 07-15-20211:71:+ G ......``� Notary ID 557902-8 •okekthU.0 t 471. KY'`Jula (Notary Public) i, the undersigned Officer of the Argonaut Insurance Company, Illinois Corporation, do hereby certify that the original POWER OF ATTORNEY of which the foregoing is a full, true and correct copy is still in full force and effect and has not been revoked. IN WITNESS WHEREOF, 1 have hereunto set my hand, and affixed the Seal of said Company, on the 18th day of September , 2018 -.),(S. ( �Ft. SEAT j-DE 1948 2 • Sarah Heineman , VP -Underwriting Surety THIS DOCUMENT IS NOT VALID UNLESS THE WORDS ARGO POWER OF .4 TTORNEYARE IN BLUE. IF YOU HAVE QUESTIONS ON AUTHENTICITY OF THIS DOCUMENT CALL (210) 321 - 8400. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 ::c„,�c,��¢u�r�: c,�c>,�e�.�r.�.�,� c��r,�.r�,��;�c-,t> c�-c•�.c:<>�r��:r.gar.���¢��rc�r�.cr.�r�rsci«s 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 LOS ANGELES On S'EP 1 8 2318 before me, SHIRLEY GIGGLES, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared STEPHANIE HOPE SHEAR 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. SHIRLEY GIGGLES Notary Public • California Los Angeles County Commission # 2163817 M Comm. Expires Se 7. 2020 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signatur OPTIONAL Sig tie of Notary Public Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Named Above: Signer's Name: Corporate Officer — Title(s): LI Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: w�ece�etca ticc�����eC.GeeZiE��re�FrrG��LLzrzeV ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 PAYMENT BOND Bond No.: CMGP0001652 Premium: Included in the Performance Bond Executed in Three (3) Originals WHEREAS, the City Council of the City of National City, by Resolution No. 2018-153, on the 4th day of September, 2018, has awarded to Bert W. Salas, Inc., hereinafter designated as the "Principal", the LAS PALMAS STORM DRAIN REPAIR, CIP No. 17-16 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 Argonaut Insurance Company as surety, are held and firmly bound unto the City of National City, hereinafter called the "City", in the penal sum of Three Hundred Thirty Four Thousand, Fifty Six ($334,056.00) 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 18th day of September , 2018. Argonaut Insurance Company (SEAL) Bert W. Salas, Inc. (SEAL) C/o CMG1A — 20335 Ventura Blvd. Suite 426 Woodland CA 91364 (SEAL) (SEAL) (SEAL) (SEAL) Stephanie ope Shear, Attorney -in -fact Surety Principal ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF ss COUNTY OF On this day of , 2017, before me, the undersigned, a Notary Public in and for said County and State, personally appeared known to me to be the person whose name is subscribed to the within instrument as the attorney -in -fact of the , the corporation named as Surety in said instrument, and acknowledged to me that he subscribed the name of said corporation thereto as Surety, and his own name as attorney -in -fact. NOTE: Signature of those executing for Surety must be properly acknowledged. NOTE: The Attorney -in -fact must attach a certified copy of the Power of Attorney. Signature: Name (Type or Print): (Notary Public in and for said County and State) My Commission expires: ATTACH ALL BONDS CMGP0001652 Argonaut Insurance Company Deliveries Only: 225 W. Washington, 24th Floor Chicago, IL 60606 United States Postal Service: P.O. Box 469011, San Antonio, TX 78246 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Argonaut Insurance Company, a Corporation duly organized and existilt under the laws of the State of Illinois and having its principal office in the County of Cook, Illinois does hereby nominate, constitute and appoint: Gabriella Grady, Shilo Lee Losino, Stephanie Hope Shear $7,516.00 Their true and lawful agent(s) and attomey(s)-in-fact, each in their separate capacity if more than one is na, veake, execute, seal and deliver for and on its behalf as surety, and as its act and deed any and all bonds, contracts, agreements of indemnity and ot gs in suretyship provided, however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of: $10,000,000.00 This Power of Attorney is granted and is signed and sealed under and by the authority of the f4owF, lution adopted by the Board of Directors of Argonaut Insurance Company: "RESOLVED, That the President, Senior Vice President, Vice President, Assistant ice Pr. dent, Secretary, Treasurer and each of them hereby is authorized to execute powers of attorney, and such authority can be executed by use of facsimile t re, which may be attested or acknowledged by any officer or attorney, of the Company, qualifying the attorney or attorneys named in the given power f atto , r xecute in behalf of, and acknowledge as the act and deed of the Argonaut Insurance Company, all bond undertakings and contracts of sure ip, and , affix the corporate seal thereto." IN WITNESS WHEREOF, Argonaut Insurance Company has cause ,' I seal to be hereunto affixed and these presents to be signed by its duly authorized officer on the 8th day of May, 2017. STATE OF TEXAS COUNTY OF HARRIS SS: On this 8th day of May, 2017 A.D THE ABOVE OFFICER OF T and he acknowledged the exec affixed to the preceding instrume to the said instrument the preceding instrum IN TESTIMO IYI46‘41CL. 0,0 J~`NoCn': .' SEAL Ig di:, 1948 by. •..*a,,., Argonaut Insurance Company Joshua C. Betz , Senior Vice President b a Notary Public of the State of Texas, in and for the County of Harris, duly commissioned and qualified, came , to me personally known to be the individual and officer described in, and who executed the preceding instrument, f same, and being by me duly sworn, deposed and said that he is the officer of the said Company aforesaid, and that the seal s the Corporate Seal of said Company, and the said Corporate Seal and his signature as officer were duly affixed and subscribed thor and direction of the said corporation, and that Resolution adopted by the Board of Directors of said Company, referred to in in force. EOF, I have hereunto set my hand, and affixed my Official Seal at the County of I larris, the day and year first above written. . KATHLEEN M. MEEKS bi Vg:Notary Public, State of Texas Comm. Expires 07-15-2021 .......` Notary ID 557902-e I, the undersigned Officer of the Argonaut Insurance Company, Illinois Corporation, do hereby certify that the original foregoing is a full, true and correct copy is still in full force and effect and has not been revoked. IN WITNESS WI-IEREOF, I have hereunto set my hand, and affixed the Seal of said Company, on the 18th day of (Notary Public) POWER OF ATTORNEY of which the September , 2018 .................. •C siei e: F.O °;SEAL;: : ,,xa .q(MpFs: 'Y: Sarah Heineman , VP -Underwriting Surety THIS DOCUMENT IS NOT VALID UNLESS THE WORDS ARGO POWER OF ATTORNEYARE IN BLUE. IF YOU HAVE QUESTIONS ON AUTHENTICITY OF THIS DOCUMENT CALL (210) 321 - 8400. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 sr-carcrr et c Mee c�r�coer� ee coccex �em�tcece� r�mrci <u 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 LOS ANGELES On SEP 1 8 2018 before me, SHIRLEY GIGGLES, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared STEPHANIE HOPE SHEAR Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. SHIRLEY GIGGLES Notary Public - California f d' Los Angeles County z ' '� • Commission # 2163817 My Comm. Expires Sep 7. 2020 Place Notary Seal Above WITNESS my hand and official seal. Signatur:� e of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Named Above: Signer's Name: Li Corporate Officer — Title(s): ❑ Partner — i -i Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee i Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 SALAS-1 OP ID: VP ACCJoRffr CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYVY) 0911812018 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 ondorsement(s), PRODUCER Rancho Mesa Insurance Services 250 Riverview Parkway #401 Santee, CA 92071 INSURED Bert W. Sales, Inc. 10769 Woodside Avenue #201 Santee, CA 92071 CONTACT NAME. Rancho Mesa Insurance Services PHONE 619-937-0164 lAIC,. No, Extl: E-MAIL ADDRESS: INSURERS) AFFORDING COVERAGE (NCC, No): 619-937-0168 NAIL fI INSURERA:Valley Forge Insurance Co INSURER Et:Transportation Insurance Co INSURER C : Continental Insurance Company 20508 20494 35289 INSURER 13:Security National Ins Co INSURER E : 19879 INSURER F : ERTIFICATE NUMBER: 1 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 15 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SI IOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR MwVD POLICY NUM HER POLICY EFF (MMIDD.'YYYYI POLICY EXP (M�WDDIYYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY X X 6045662493 01(01/2018 01/0112019 EACH OCCURRENCE $ 1,000,000\ DAMAGE 10 RENTED M, PRESES (Ea occurrence) $ 100 0001 CLAIMS -MADE X OCCUR MED EXP (Anyone person) $ 15,000 X PD DED 2,000 PERSONAL&ADVINJURY $ 1,000,000) $ 2,000,000 GENERAL AGGREGATE GEN'L AGGREGATELIMIT APPLES PER: PRODUCTS - COMP/OPAGG $ 2,000,000 $ B AUTOMOBILE X X L.IADIIJTY ANY AUTO ALL OWNED X SCHEDULED AUTOS NON -OWNED AUTOS X X 6045481135 01/01(2018 01101/2019 COMBINED accId anl) SINGLE LIMIT ccld $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ Comp/Coll _ $ 1,000/1,000 C X UMBRELLALIAD EXCESSLIAB X OCCUR CLAIMS -MADE 6056909757 01/01/2018 01/01/2019 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 $ DED RETENTION $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNER/EXECUTIVE YlN OFF:CERIMEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA X SWC1176379 01/01(2018 01/01/2019 X STATUTE ER11 E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E,L, DISEASE -p01-IGY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS! LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached Irmore space is regal ed) RE: OPERATIONS OF THE NAMED INSURED AS CERTIFICATE HOLDERS INTEREST MAY APPEAR SUBJECT TO POLICY TERMS, CONDITIONS AND EXCLUSIONS. **SEE ATTACHED ADDITIONAL INSUREDS. (agp) DER CANCELLATION CITYNAI CITY OF NATIONAL CITY ATTN: RISK MANAGEMENT 1243 NATIONAL CITY BLVD. NATIONAL CITY, CA 92050 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE TIIE EXPIRATION DATE THEREOF, NOTICE WILL DE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, AUTHORIZED REP RESENTATIVE Od ! - ACORD 25 (2014/01) 0) 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD NOTEPAD: HOLDER CODE CITYNAI INSURED'S NAME Bert W. Salas, Inc. SAL-AS-1 OP ID: VP CITY OF NATIONAL CITY, ITS ELECTED OFFICIALS, OFFICERS, AGENTS, EMPLOYEES AND VOLUNTEERS ARE INCLUDED AS ADDITIONAL INSURED PER FORM CNA75079XX (1-15) ATTACHED. PRIMARY AND NON-CONTRIBUTORY WORDING APPLIES. AUTO ADDITIONAL INSURED APPLIES PER ENDORSEMENT ATTACHED. PAGE 2 DT10 09/1812018 CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products -Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. The WHO IS AN INSURED section Is amended to add as an Insured any person or organization whom the Named Insured is required by written contract to add as an additional insured on this coverage part, including any such person or organization, if any, specifically set forth on the Schedule attachment to this endorsement. However, such person or organization is an Insured only with respect to such person or organization's liability for: A. unless paragraph B. below applies, 1. bodily Injury, property damage, or personal and advertising Injury caused In whole or in part by the acts or omissions by or on behalf of the Named Insured and in the performance of such Named Insured's ongoing operations as specified In such written contract; or 2. bodily injury or property damage caused in whole or in part by your work and included in the products - completed operations hazard, and only If a. the written contract requires the Named Insured to provide the additional insured such coverage; and b. this coverage part provides such coverage. B. bodily injury, property damage, or personal and advertising injury arising out of your work described in such written contract, but only if: 1. this coverage part provides coverage for bodily injury or property damage included within the products completed operations hazard; and 2. the written contract specifically requires the Named Insured to provide additional Insured coverage under the 11-85 or 10-01 edition of CG2010 or the 10-01 edition of CG2037. If. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional Insured with: A. coverage broader than required by the written contract; or B. a higher limit of insurance than required by the written contract. III. The Insurance granted by this endorsement to the additional Insured does not apply to bodily injury, property damage, or personal and advertising Injury arising out of: A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: 1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2. supervisory, inspection, architectural or engineering activities; or B. any premises or work for which the additional insured is specifically listed as an additional Insured on another endorsement attached to this coverage part. IV. Notwithstanding anything to the contrary in the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance, this insurance is excess of all other insurance available to the additional Insured whether on a primary, excess, contingent or any other basis. However, if this insurance is required by written CNA75079XX (1-15) Policy No: 6045662493 Page 1 of 2 Endorsement No: VALLEY FORGE INSURANCE COMPANY Effective Date: 01/01/2018 Insured Name: BERT W . SALAS, INC . Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with Its permission. CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products -Completed Operations Coverage Endorsement contract to be primary and non-contributory, this Insurance will be primary and non-contributory relative solely to insurance on which the additional insured is a named insured. V. Solely with respect to the Insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1. give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim; 2. except as provided in Paragraph IV. of this endorsement, agree to make available any other Insurance the additional insured has for any loss covered under this coverage part; 3. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the Investigation, defense, or settlement of the claim; and 4. tender the defense and Indemnity of any claim to any other insurer or self insurer whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory, thls paragraph (4) does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VI. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires the Named Insured to make a person or organization an additional insured on this coverage part, provided the contract or agreement: A. is currently in effect or becomes effective during the term of this policy; and B. was executed prior to: 1. the bodily Injury or property damage; or 2. the offense that caused the personal and advertising injury for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated In said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA75079XX (1-15) Page 2 of 2 VALLEY FORGE INSURANCE COMPANY Insured Name: BERT W. SALAS, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Policy No: 6045662493 Endorsement No: Effective Date: 01 / 01 / 2 018 CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement B. Paragraph 1.d. is amended to delete the limit of $250 shown for daily loss of earnings and replace it with a $1,000. limit. 24. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named Insured's Coverage Part, the Insurer will not deny coverage under this Coverage Part because of such failure. 25. WAIVER OF SUBROGATION - BLANKET Under CONDITIONS, the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended to add the following: The Insurer waives any right of recovery the Insurer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of: 1. the Named Insured's ongoing operations; or 2. your work included in the products -completed operations hazard. However, this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in a written contract or written agreement, and only if such contract or agreement: 1. is in effect or becomes effective during the term of this Coverage Part; and 2. was executed prior to the bodily injury, property damage or personal and advertising injury giving rise to the claim. 26. WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS Note: The following provision does not apply to any public construction project in the state of Oklahoma, nor to any construction project in the state of Alaska, that is not permitted to be insured under a consolidated (wrap-up) insurance program by applicable state statute or regulation. If the endorsement EXCLUSION — CONSTRUCTION WRAP-UP is attached to this policy, or another exclusionary endorsement pertaining to Owner Controlled Insurance Programs (O.C.I.P.) or Contractor Controlled Insurance Programs (C.C.I,P.) is attached, then the following changes apply: A. The following wording is added to the above -referenced endorsement: With respect to a consolidated (wrap-up) insurance program project in which the Named Insured is or was involved, this exclusion does not apply to those sums the Named Insured become legally obligated to pay as damages because of: 1. Bodily injury, property damage, or personal or advertising injury that occurs during the Named Insured's ongoing operations at the project, or during such operations of anyone acting on the Named Insured's behalf; nor 2. Bodily injury or property damage included within the products -completed operations hazard that arises out of those portions of the project that are not residential structures. B. Condition 4. Other Insurance is amend to add the following subparagraph 4.b.(1)(c): This insurance is excess over: (c) Any of the other insurance whether primary, excess, contingent or any other basis that is insurance available to the Named Insured as a result of the Named Insured being a participant in a consolidated (wrap-up) insurance program, but only as respects the Named Insured's involvement in that consolidated (wrap-up) insurance program. CNA74705XX (1-15) Page 16 of 17 VALLEY FORGE INSURANCE COMPANY Insured Name: BERT W. SALAS, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office. Inc., with its permission. Policy No: 6045662493 Endorsement No: Effective Date: 01/01/2018 CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement Named Insureds are Insureds with respect to such spouses' acts, errors or omissions in the conduct of the Named Insured's business. 10. EXPECTED OR INTENDED INJURY — EXCEPTION FOR REASONABLE FORCE Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Expected or Intended Injury and replace it with the following: This insurance does not apply to: Expected or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the Insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. 11. GENERAL AGGREGATE LIMITS OF INSURANCE - PER PROJECT A. For each construction project away from premises the Named Insured owns or rents, a separate Construction Project General Aggregate Limit, equal to the amount of the General Aggregate Limit shown in the Declarations, is the most the Insurer will pay for the sum of: 1. All damages under Coverage A, except damages because of bodily injury or property damage included in the products -completed operations hazard; and 2. All medical expenses under Coverage C, that arise from occurrences or accidents which can be attributed solely to ongoing operations at that construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations, nor the Construction Project General Aggregate Limit of any other construction project. B. All: 1. Damages under Coverage B, regardless of the number of locations or construction projects involved; 2. Damages under Coverage A, caused by occurrences which cannot be attributed solely to ongoing operations at a single construction project, except damages because of bodily injury or property damage included in the products -completed operations hazard; and 3. Medical expenses under Coverage C caused by accidents which cannot be attributed solely to ongoing operations at a single construction project, will reduce the General Aggregate Limit shown in the Declarations. C. The limits shown in the Declarations for Each Occurrence, for Damage To Premises Rented To You and for Medical Expense continue to apply, but will be subject to either the Construction Project General Aggregate Limit or the General Aggregate Limit shown in the Declarations, depending on whether the occurrence can be attributed solely to ongoing operations at a particular construction project. D. When coverage for liability arising out of the products -completed operations hazard is provided, any payments for damages because of bodily injury or property damage included in the products -completed operations hazard will reduce the Products -Completed Operations Aggregate Limit shown in the Declarations, regardless of the number of projects involved. E. If a single construction project away from premises owned by or rented to the Insured has been abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. F. The provisions of LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to apply as stipulated. CNA74705XX (1-15) Page 8 of 17 VALLEY FORGE INSURANCE COMPANY Insured Name: BERT W. SALAS, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with Its permission. Policy No: 6045662493 Endorsement No: Effective Date: 01/01/2018 POLICY NUMBER: 6045481135 40020006860126211687665 CNA CNA63359XX (Ed. 04/12) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS EXTENDED COVERAGE ENDORSEMENT - BUSINESS AUTO PLUS - This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM I. LIABILITY COVERAGE A. Who Is An Insured The following is added to Section II, Paragraph A.1., Who Is An Insured: 1. a. Any incorporated entity of which the Named Insured owns a majority of the voting stock on the date of inception of this Coverage Form; provided that, b. The insurance afforded by this provision A.1. does not apply to any such entity that is an "insured" under any other liability "policy" providing "auto" coverage. 2. Any organization you newly acquire or form, other than a limited liability company, partnership or joint venture, and over which you maintain majority ownership interest. The insurance afforded by this provision A.2.: a. Is effective on the acquisition or formation date, and is afforded only until the end of the policy period of this Coverage Form, or the next anniversary of its inception II. date, whichever is earlier. b. Does not apply to: (1) "Bodily injury" or "property damage" caused by an "accident" that occurred before you acquired or formed the organization; or (2) Any such organization that is an "insured" under any other liability "policy" providing "auto" coverage. 3. Any person or organization that you are required by a written contract to name as an additional insured is an "insured" but only with respect to their legal liability for acts or omissions of a person, who qualifies as an "insured" under Section II — Who Is An Insured and for whom Liability Coverage is afforded under this policy. If required by written contract, this insurance will be primary and non-contributory to insurance on which the additional insured is a Named Insured. 4. An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" In a.(2), the limit for the cost of bail bonds is changed from $2,000 to $5,000; and 2. In a.(4), the limit for the loss of earnings is changed from $250 to $500 a day. C. Fellow Employee Section II, Paragraph B.5 does not apply. Such coverage as is afforded by this provision C. is excess over any other collectible insurance. PHYSICAL DAMAGE COVERAGE A. name, with your permission, while performing duties related to the conduct of your business. "Policy," as used in this provision A. Who Is An Insured, includes those policies that were in force on the inception date of this Coverage Form but: 1. Which are no longer in force; or 2. Whose limits have been exhausted. B. Bail Bonds and Loss of Earnings Section II, Paragraphs A.2. (2) and A.2. (4) are revised as follows: 1. Glass Breakage — Hitting A Bird Or Animal Falling Objects Or Missiles The following is added to Section III, Paragraph A.3.: With respect to any covered "auto," any deductible shown in the Declarations will not apply to glass breakage if such glass is repaired, in a manner acceptable to us, rather than replaced. Transportation Expenses Section III, Paragraph A.4.a. is revised, with respect to transportation expense incurred by you, to provide: a. $60 per day, in lieu of $20; subject to b. $1,800 maximum, in lieu of $600. C. Loss of Use Expenses Section III, Paragraph A.4.b. is revised, with respect to loss of use expenses incurred by you, to provide: a. $1,000 maximum, in lieu of $600. B. CNA63359XX Copyright, CNA Corporation, 2000. (Ed. 04/12) Includes copyrighted material of the Insurance Services Office used with its permission. Page 1 of 3 D. Hired "Autos" The following is added to Section III. Paragraph A.: 5. Hired "Autos" If Physical Damage coverage is provided under this policy, and such coverage does not extend to Hired Autos, then Physical Damage coverage Is extended to: a. Any covered "auto" you lease, hire, rent or borrow without a driver; and b. Any covered "auto" hired or rented by your "employee" without a driver, under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. c. The most we will pay for any one "accident" or "loss" is the actual cash value, cost of repair, cost of replacement or $75,000, whichever is less, minus a $500 deductible for each covered auto. No deductible applies to "loss" caused by fire or lightning. d. The physical damage coverage as is provided by this provision Is equal to the physical damage coverage(s) provided on your owned "autos." e. Such physical damage coverage for hired "autos" will: (1) Include loss of use, provided It is the consequence of an "accident" for which the Named Insured is legally liable, and as a result of which a monetary loss is sustained by the leasing or rental concern. (2) Such coverage as is provided by this provision will be subject to a limit of $750 per "accident." E. Airbag Coverage The following is added to Section III, Paragraph B.3.: The accidental discharge of an airbag shall not be considered mechanical breakdown. F. Electronic Equipment Section III, Paragraphs B.4.c and B.4.d. are deleted and replaced by the following: c. Physical Damage Coverage on a covered "auto" also applies to "loss" to any permanently installed electronic equipment including its antennas and other accessories. CNA63359XX (Ed. 04/12) d. A $100 per occurrence deductible applies to the coverage provided by this provision. G. Diminution In Value The following is added to Section Ill, Paragraph B.6.: Subject to the following, the "diminution in value" exclusion does not apply to: a. Any covered "auto" of the private passenger type you lease, hire, rent or borrow, without a driver for a period of 30 days or less, while performing duties related to the conduct of your business; and b. Any covered "auto" of the private passenger type hired or rented by your "employee" without a driver for a period of 30 days or less, under a contract In that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. c. Such coverage as is provided by this provision is limited to a "diminution in value" toss arising directly out of accidental damage and not as a result of the failure to make repairs; faulty or incomplete maintenance or repairs; or the installation of substandard parts. d. The most we will pay for 'loss" to a covered "auto" in any one accident is the lesser of: (1) $5,000; or (2) 20% of the "auto's" actual cash value (ACV). Drive Other Car Coverage — Executive Officers The following is added to Sections II and III: 1. Any "auto" you don't own, hire or borrow is a covered "auto" for Liability Coverage while being used by, and for Physical Damage Coverage while in the care, custody or control of, any of your "executive officers," except: a. An "auto" owned by that "executive officer" or a member of that person's household; or b. An "auto" used by that "executive officer" while working in a business of selling, servicing, repairing or parking "autos." Such Liability and/or Physical Damage Coverage as is afforded by this provision. (1) Equal to the greatest of those coverages afforded any covered "auto"; and CNA63359XX Copyright, CNA corporation, 2000. (Ed. 04/12) Includes copyrighted material of the Insurance Services Office used with its permission. Page 2 of 3 40020006860126211687666 (2) Excess over any other collectible insurance. 2. For purposes of this provision, "executive officer" means a person holding any of the officer positions created by your charter, constitution, by- laws or any other similar governing document, and, while a resident of the same household, includes that person's spouse. Such "executive officers" are "insureds" while using a covered "auto" described in this provision. IV. BUSINESS AUTO CONDITIONS A. Duties In The Event Of Accident, Claim, Suit Or Loss The following is added to Section IV, Paragraph A.2.a.: (4) Your "employees" may know of an "accident" or "loss." This will not mean that you have such knowledge, unless such "accident" or "loss" is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager. The following is added to Section IV, Paragraph A.2.b.: (6) Your "employees" may know of documents received concerning a claim or "suit." This will not mean that you have such knowledge, unless receipt of such documents is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager. B. Transfer Of Rights Of Recovery Against Others To Us The following is added to Section IV, Paragraph A.5. Transfer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have, because of payments we make for injury or V. CNA63359XX (Ed. 04/12) damage, against any person or organization for whom or which you are required by written contract or agreement to obtain this waiver from us. This injury or damage must arise out of your activities under a contract with that person or organization. You must agree to that requirement prior to an "accident" or "loss." C. Concealment, Misrepresentation or Fraud The following is added to Section IV, Paragraph B.2.: Your failure to disclose all hazards existing on the date of inception of this Coverage Form shall not prejudice you with respect to the coverage afforded provided such failure or omission is not intentional. D. Other Insurance The following is added to Section IV, Paragraph B.5.: Regardless of the provisions of Paragraphs 5.a. and 5.d. above, the coverage provided by this policy shall be on a primary non-contributory basis. This provision is applicable only when required by a written contract. That written contract must have been entered into prior to "Accident" or "Loss." E. Policy Period, Coverage Territory Section IV, Paragraph B. 7.(5).(a). is revised to provide: a. 45 days of coverage in lieu of 30 days. DEFINITIONS Section V. Paragraph C. is deleted and replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by a person, including mental anguish, mental injury or death resulting from any of these. CNA63359XX Copyright, CNA Corporation, 2000. (Ed. 04/12) Includes copyrighted material of the Insurance Services Office used with its permission. Page 3 of 3 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT—CALIFORNIA We have the right to recover our payments from anyone Ilable 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 Any person or organization as required by written contract. This endorsement changes the policy to which it is attached and is effective on the date Issued unless otherwise stated . Endorsement Effective 0 1/01/2018 Policy No. SWC1176379 Endorsement No. Insured Bert W. Sales, Inc. Insurance Company Security National Insurance Company Countersigned by Premium $ RESOLUTION NO. 2018 — 153 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO BERT W. SALAS, INC., IN THE NOT TO EXCEED AMOUNT OF $334,056 FOR THE LAS PALMAS STORM DRAIN REPAIR PROJECT; AUTHORIZING A 15% CONTINGENCY IN THE AMOUNT OF UP TO $50,108.40 FOR ANY UNFORESEEN CHANGES; AND AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT WHEREAS, the Las Palmas Storm Drain Repair Project (the "Project") provides for the rehabilitation and replacement of the storm drain pipes and site restoration in Las Palmas Park; and WHEREAS, at the 2:00 p.m. deadline on August 7, 2018, six (6) bids were received electronically by the Engineering Department for the Project; and WHEREAS, Bert W. Salas, Inc., was the lowest responsive bidder qualified to perform the work as described in the project specifications with a total bid amount of $334,056, and WHEREAS, a 15% contingency amount up to $50,108.40 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 Las Palmas Storm Drain Repair Project to the lowest responsive, responsible bidder, to wit: BERT W. SALAS, 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 $334,056 with Bert W. Salas, Inc., for the Las Palmas Storm Drain Repair Project. Said contract is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the City Council authorizes a 15% contingency in the amount of up to $50,108.40 for any unforeseen changes. PASSED and ADOPTED this 4th day of Septemb- 2018. ATTEST: Michael R. Dalla, ity Clerk R. n Morrison, Mayor APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney Passed and adopted by the Council of the City of National City, California, on September 4, 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 i N City CI k of the City of t' ational City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2018-153 of the City of National City, California, passed and adopted by the Council of said City on September 4, 2018. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT C Sr-5-2— MEETING DATE: September 4, 2018 AGENDA ITEM NO. 8 EM TITLE: Resolution of the City Council of the City of National City, 1) awarding a contract to Bert W. Salas, Inc. in the not -to -exceed amount of $334,056 for the Las Palmas Storm Drain Repair Project, CIP No. 17- 16; 2) authorizing a 15% contingency in the amount of $50,108.40 for any unforeseen changes; and 3) authorizing the Mayor to execute the contract. PREPARED BY: Carla Hutchinson, Assistant Engineer - Civil PHONE: 619-336-4388 EXPLANATION: See attached. DEPARTMENT: E APPROVED BY: /Pub is Works NANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Contract Award (funds available through prior City Council CIP appropriations) 001-409-500-598-7049: Misc. Storm Drain Improvements, $334,056 15% Contingency (funds available through prior City Council CIP appropriations) 001-409-500-598-7049: Misc. Storm Drain Improvements, $50,108.40 No additional appropriations required. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: 77 ,1VA Finance MIS STAFF RECOMMENDATION: Adopt Resolution awarding a contract to Bert W. Salas, Inc. in the not -to -exceed amount of $334,056 for the Las Palmas Storm Drain Repair Project, CIP No. 17-16. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Bid Opening Summary 3. Three Lowest Bidders Summary 4. Resolution let s o/u -60: i -7to 20 /8 - /53 EXPLANATION The project includes the rehabilitation and replacement of the storm drain pipes, and site restoration in the Las Palmas Park. On July 12, 2018, the bid solicitation was posted on PlanetBids, a free public electronic bidding system for contractors. On July 18, 2018 and July 24, 2018, the bid solicitation was advertised in local newspapers. On August 7, 2018, six (6) 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. Bert W. Salas was the apparent lowest bidder with a total bid amount of $334,056 as the basis of award. Bert W. Salas, Inc.'s bid was determined to be responsive. Upon review of all required documents submitted and reference checks, Bert W. Salas, 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 Bert W. Salas, Inc. in the not -to - exceed amount of $334,056. Staff also recommends authorizing a 15% contingency in the amount of $50,108.40 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 November 2018. Updates will be provided on the City's CIP website at: nationalcityprojects.com. .L'I�IRN1A"'+ NONAL emir c5ZNCOR , , BID OPENING RESULTS NAME: LAS PALMAS STORM DRAIN REPAIR CIP NO: 17-16 DATE: Tuesday, August 7, 2018 TIME: 2:00 P.M. ESTIMATE: $275,000 PROJECT ENGINEER: Roberto Yano, P.E. NO. BIDDER'S NAME BID AMOUNT ADDENDA #1, 2 BID SECURITY 1 Berth W. Salas, Inc. 10769 Woodside Ave., Ste 201 Santee, CA 92071 $334,056.00 1,2 Bond 2 LNR Engineering & Construction, 1714 Merlyn Ct El Cajon, CA 92019 $348,960.80 1,2 Bond 3 Palm Engineering Construction Company, Inc. 7330 Opportunity Rd #J San Diego, CA 92111 $398,035.00 1,2 Bond 4 Downstream Services, Inc. 2855 Progress Place Escondido, CA 92029 $465,281.00 1,2 Bond 5 Tri Group Construction 9580 Black Mountain Rd. Ste. L San Diego, CA 92126 $504,930.00 1,2 Bond 6 Burtech Pipeline Inc. 102 Second Street Encinitas, CA 92024 $513,866.00 1,2 Bond -1- Bid Results for Project Las Palmas Storm Drain Repair, CIP No. 17-16 Bert W. Sales LNR Engineering & Construction, Inc. Palm Engineering Construction Company Inc Item No. Description Unit Qty. Unit Price Extension (Quantity x Unit Price) Unit Price Extension (Quantity x Unit Price) Unit Price Extension (Quantity x Unit Price) Base Bld 1 Mobilization/Demobilization LS 1 $14,350.00 $14,350.00 $30,000.00 $30,000.00 $20,000.00 $20,000.00 2 Water Quality Control LS 1 $3,250.00 $3,250.00 $1,500.00 $1,500.00 $20,000.00 $20,000.00 3 Clearing and Grubbing LS 1 $17,023.00 $17,023.00 $15,000.00 $15,000.00 $20,000.00 $20,000.00 4 Grout Voids Around Existing Storm Drains CY 2 $1,500.00 $3,000.00 $4,400.00 $8,800.00 $2,000.00 $4,000.00 5 Remove Existing 30" CMP and Replace with 30" RCP LF 43 $485.00 $20,855.00 $340.00 $14,620.00 $350.00 $15,050.00 6 Remove Existing 36" CMP and Replace with 36" RCP LF 123 $400.00 $49,200.00 $380.00 $46,740.00 $440.00 $54,120.00 7 Remove Existing 36" CMP and Replace with 36" Pipe LF 28 $535.00 $14,980.00 $400.00 $11,200.00 $440.00 $12,320.00 8 Remove Existing 42" CMP and Replace with 42" Pipe LF 110 $465.00 $51,150.00 $450.00 $49,500.00 $500.00 $55,000.00 9 18" Storm Drain Rehabilitation LF 69 $222.00 $15,318.00 $225.50 $15,559.50 $255.00 $17,595.00 10 36" Storm Drain Rehabilitation LF 94 $322.00 $30,268.00 $327.80 $30,813.20 $375.00 $35,250.00 11 42" Storm Drain Rehabilitation LF 389 $258.00 $100,362.00 $262.90 $102,268.10 $300.00 $116,700.00 12 Remove Existing Tree EA 8 $600.00 $4,800.00 $370.00 $2,960.00 $1,000.00 $8,000.00 13 Shoring and Bracing LS 1 $9,500.00 $9,500.00 $20,000.00 $20,000.00 $20,000.00 $20,000.00 Grand Total $334,056.00 $348,960.80 $398,035.00 RESOLUTION NO. 2018 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO BERT W. SALAS, INC., IN THE NOT TO EXCEED AMOUNT OF $334,056 FOR THE LAS PALMAS STORM DRAIN REPAIR PROJECT; AUTHORIZING A 15% CONTINGENCY IN THE AMOUNT OF UP TO $50,108.40 FOR ANY UNFORESEEN CHANGES; AND AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT WHEREAS, the Las Palmas Storm Drain Repair Project (the "Project") provides for the rehabilitation and replacement of the storm drain pipes and site restoration in Las Palmas Park; and WHEREAS, at the 2:00 p.m. deadline on August 7, 2018, six (6) bids were received electronically by the Engineering Department for the Project; and WHEREAS, Bert W. Salas, Inc., was the lowest responsive bidder qualified to perform the work as described in the project specifications with a total bid amount of $334,056, and WHEREAS, a 15% contingency amount up to $50,108.40 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 Las Palmas Storm Drain Repair Project to the lowest responsive, responsible bidder, to wit: BERT W. SALAS, 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 $334,056 with Bert W. Salas, Inc., for the Las Palmas Storm Drain Repair Project. Said contract is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the City Council authorizes a 15% contingency in the amount of up to $50,108.40 for any unforeseen changes. PASSED and ADOPTED this 4th day of September, 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. Dalla, CMC - City Clerk BERT W. SALAS LAS PALMAS STORM DRAIN REPAIR PROJECT, CIP NO. 17-16 Tirza Gonzales (Engineering/Public Works) forwarded a duplicate original Agreement to Bert W. Salas.