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HomeMy WebLinkAbout2019 CON Dick Miller - Paradise Creek Park Expansion Project, CIP No. 18-16OWNER - CONTRACTOR AGREEMENT PARADISE CREEK PARK EXPANSION, CIP NO. 18-16 This Owner -Contractor Agreement ("Agreement") is made by and between the City of National City, 1243 National City Boulevard National City, California 91950 and Dick Miller, Inc. ("Contractor"), 930 Boardwalk Suite, G, San Marcos, CA 92078 on the 3rd day of September, 2019, 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) 14. AGREEMENT MODIFICATION This Agreement and the Contract Documents may not be modified orally or in any manner other than by an amendment in writing and signed by the Owner and the Contractor. IN WITNESS WHEREOF this Agreement is executed as of the date first written above. Owner: Alejandr Mayor, City of National City Contractor: Dick Miller, Inc. (Owner/Officer signature) APPROVED AS TO FORM: GLEN BULLOCK - PRESIDENT/OWNER/SECRETARY Print name and title B Angi Cit orney %/ - (Second officer signature if a corporation) (,L9A) eL' w LlL Pe.csiaLark/co-/See, Print name and title #108926 Contractor's City Business License No. #380204 State Contractor's License No. and Class 930 BOARDWALK SUITE H Business street address SAN MARCOS, CA 92078 City, State and Zip Code 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) CORPORATE CERTIFICATE I, GLEN BULLLOCK certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that GLEN BULLOCK , who signed said contract on behalf of the Contractor, was then PRESIDENT/OWNER/SECRETARY 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, GLEN BULLLOCK certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that GLEN BULLLOCK , who signed said contract on behalf of the Contractor, was then PRESIDENT/OWNER/SECRETARY 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: PARTNERSHIP CERTIFICATE STATE OF N/A ) COUNTY OF N/A ) On this N/A day of N/A , 20 N/A , before me, the undersigned, a Notary Public in and for said County and State, personally appeared: ) ss N/A N/A (Notary Seal) known to me to be N/A of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. Signature: N/A Name (Type or Print): N/A (Notary Public in and for said County and State) My Commission expires: N/A Bond No. 024241124 *Premium: $18,503.00 PERFORMANCE BOND WHEREAS, the City Council of the City of National City, by Resolution No. , passed the 3rd day of September, 2019, has awarded to DICK MILLER, INC., hereinafter designated as the "Principal", the PARADISE CREEK PARK EXPANSION, CIP No. 18-16. 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 The Ohio Casualty Insurance Company as surety, are held and firmly bound unto the City Council of the City of National City hereinafter called the "Council", in the penal sum of Two Million, Three Hundred Thirty Thousand, Eight Hundred Sixty Nine and Seventy Cents ($2,330,869.70) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the above bounden Principal, his/her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said contract any alteration thereof made as therein provides, on his or their part, to be kept and performed at the time and in the amount therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of National City, the City Council, their officers, agents, and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed herein or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or additions to the terms of the contract or to the work or to the specifications. In the event suit is brought upon this bond by the City of National City and judgment is recovered, the surety shall pay all costs incurred by the Council in such suit, including a reasonable attorney's fee to be fixed by the Court. IN WITNESS WHEREOF three identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the 22nd day of August , 2019 The Ohio Casualty Insurance Company (SEAL) Dick Miller, Inc (SEAL) (SEAL) (SEAL)_ Bart Stewart, Attorney -in -Fact (SEAL) GCAJ %0 C.L (SEAL) Surety Principal THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. 8090510 Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Molly Cashman; Bart Stewart all of the city of Encinitas state of CA each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds; recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed , loan, letter of credit, or residual value guarantees. thereto this 9th day of May , 2018 wer of Attorney call and 4:30 pm EST on any business day. NSA' i �?o2v9�0 J 1919 ,n x t a - - 4 - * p;asu� ? ' jJ�r`n areliF 1912 -, 5 * sc:�t.�suH' ',`ccv,;a : ryR V 1991 . * The Ohio Casualty Insurance Company Liberty Mutual Insurance Company West American Insurance Company By: Li (iy STATE OF PENNSYLVANIA ss David M. Carey,, Assistant Secretary COUNTY OF MONTGOMERY On this 9th day of May 2018 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casualty Company, and West therein contained by signing on behalf of the corporations IN WITNESS WHEREOF, I have hereunto subscribed American Insurance by himself as my name and affixed 4 Pits?, �0oNwee 3`- o Company, and that he, as such, being authorized a duly authorized officer. my notarial seal at King of Prussia, Pennsylvania, COMMONWEALTH OF PENNSYLVANIA Notarial Seal Toresa Pastetla, Notary Public so to do, execute the foregoing instrument for the purposes on the day and year first above written. t� iet-6114(J By: �v�-'"_40(J OE 4gI ; Upper MerionTwp„ Montgomery County My Commission Expires March 28,2021 Teresa Pastella, Notary Public Not valid for mortgage, note currency rate, interest rate y� yIN :k1thr 0e\' Member. Pennsylvania Association of Notaries This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV — OFFICERS — Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney -in -fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII — Execution of Contracts — SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. David Assistant To confirm the validity of this Po 1-610-832-8240 between 9:00 am Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes M. Carey, Secretary to appoint such attorneys -in - fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attomey of which the foregoing is a full, true and correct copy of the Power of Attomey executed by said Companies, is in full force and effect and has not been revoked. A IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this day of A l a , 20 1 1 P.(V INso, hJ �,S,NNORgn, 9� 1919 ..�xtdSUR'q �J �,0p'rOR4. 4', T 1912 ,y1rsisuRt �C.� ` ,1.F012+� ^ 1991 iJ y� By: 0 o i , ",\+s 1 5� ; ati 3ei)J�S:nC,,,�It7SV` w a ikiimiP Renee C. Llew , ssistant Secretary 213 of 500 LMS 12873 022017 PERFORMANCE BOND ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO On this 22nd day of August ) ss , 2019 , before me, the undersigned, a Notary Public in and for said County and State, personally appeared Bart Stewart known to me to be the person whose name is subscribed to the within instrument as the attorney -in -fact of the The Ohio Casualty Insurance Company , 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): Erin Elyse Haugh, Notary Public Notary Public in and for said County and State My Commission expires: January6, 2022 a. ERIN ELYSE HAUGH Commission No. 2227679 1. NOTARY PUBLIC - CALIFORNIA 23, SAN DIEGO COUNTY Commission Expires January 6, 2022 Bond No. 024241124 *Premium Included in Performance Bond PAYMENT BOND WHEREAS, the City Council of the City of National City, by Resolution No. , passed the 3rd day of September, 2019, has awarded DICK MILLER, INC., hereinafter designated as the "Principal", the PARADISE CREEK PARK EXPANSION, CIP NO. 18-16. 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 The Ohio Casualty Insurance Company as surety, are held and firmly bound unto the City Council of the City of National City, hereinafter called the "Council", in the penal sum of Two Million, Three Hundred Thirty Thousand, Eight Hundred Sixty Nine and Seventy Cents ($2,330,869.70) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his/her or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay any of the persons named in Section 3181 of the California Civil Code, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the Contractor and his subcontractors pursuant to Section 18806 of the Revenue and Taxation Code, with respect to such work and labor the Surety will pay for the same in an amount not exceeding the sum hereinafter specified, and also, in case suit is brought upon this bond, a reasonable attorney's fee, to be fixed by the Court. This Bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code, so as to give a right of action to such persons or their assigns in any suit brought upon this bond. It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement hereinabove described or pertaining or relating to the furnishing of labor, materials, or equipment therefore, not by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement hereinabove described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner of Public Entity and original contractor or on the part of any obliges named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 3110 or 3112 of the California Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned. IN WITNESS WHEREOF three identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the 22nd day of August 2019 The Ohio Casualty Insuranc 'o . pany (SEAL) Dick Miller, Inc. (SEAL) (SEAL) — L ( EAL) Bart Stewart, Attorney -in -Fact (SEAL) 6c..e_ ., “An C (SEAL) Surety Principal s l THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. 8090509 Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Molly Cashman; Bart Stewart at of the city of Encinitas . state of CA each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed , loan, letter of credit, or residual value guarantees. thereto this 9th day of May , 2018 wer of Attorney call and 4:30 pm EST on any business day. ,-4 INSpq T vtf *17,012, 0 1919 0 - . 4,1. SAV.• JaD * pJ INS Uqq jJ..<,"JPyt -.1., F > 1912 i a 2 �7''`rniiAl s T * N ;taS Uq 1, .yQ\ �'C�Z4)�' K 1991 NOtANP * The Ohio Casualty Insurance Company Liberty Mutual Insurance Company West merican Insurance Company By: a_i 7 4- STATE OF PENNSYLVANIA ss David M. Care Assistant Secretary COUNTY OF MONTGOMERY On this 9th day of May 2018 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance therein contained by signing on behalf of the corporations by himself as IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed gP ea Sr �Qti��oNwEg1ly Company, and that he, as such, being authorized a duly authorized officer. my notarial seal at King of Prussia, Pennsylvania, COMMONWEALTH OF PENNSYLVANIA Notarial Seal Teresa Pastella, Notary Public so to do, execute the foregoing instrument for the purposes on the day and year first above written. �G%�� By: t' C/LC �.t d/ OF .' , ' "�IrSy00, I Upper MerionTwp., Montgomery County I My Commission Expires March 28,2021 Teresa Pastella, Notary Public Not valid for mortgage, note currency rate, interest rate AHY V� Member, Pennsylvania Association of Notaries This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV — OFFICERS — Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney -in -fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII — Execution of Contracts — SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to actin behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. To confirm the validity of this Po 1-610-832-8240 between 9:00 am Certificate of Designation — The President of the Company. acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in - fact as may be necessary to act on behalf of the Company to make, execute. seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attomey of which the foregoing is a hill, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. �7 IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this Z V' Jday of AUI}'i--- , 20 11 . Pit` INso, ' pµFORit',9 ,.,oisuR4 {lgJ' `n 3 NN 1NStfyq ��C,'s00tIl)�tiff F 1991 By: ���� o a ,e,y, -.,am;•' rya a� t % ''Cnc j-> p * 1, MOfAt3h \. Renee C. Llew , ssistant Secretary 212of500 LMS_12873_022017 ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF CALIFORNIA COUNTY OF SAN DIEGO ) ss On this day 22nd of August , 20 19 , 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 Ohio Casualty Insurance Company , 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. Bart Stewart 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): Erin Elyse Haugh, Notary Public (Notary Public in and for said County and State) My Commission expires: January6,2022 z ATTACH ALL BONDS ERIN ELYSE HAUGH Commission No. 2227679 NOTARY PUBLIC - CALIFORNIA -0 SAN DIEGO COUNTY Commission Expires January 6, 2022 - ------------------------------- • • , • HOUkt YJEi 11513 Gst axsss floizaimmo:.) Ait4c4011JA0 YtATOV vTAU01 00310 VA? amm.1) • BUSINESS NAME ATTN: MAILING ADDRESS NON TRANSFERABLE 108926 BUSINESS LICENSE CERTIFICATE CITY OF NATIONAL CITY PURSUANT TO CITY ORDINANCE THIS LICENSE IS HEREBY GRANTED FOR THE TERM & PURPOSE STATED BUS DESCRIPTION GENERAL CONTRACTOR CALLFORNIADate of Expiration +�-• �- BUSINESS ADDRESS 930 BOARDWALK STE itrwiIONJAL 1 ° V INCORPORATEv DICK MILLER INC 930 BOARDWALK STE H SAN MARCOS, CA 92078-2634 POST IN A CONSPICUOUS PLACE 1 2/3'1 /2011 9 A City Manager THIS DOCUMENT IS ALTERATION PROTECTED AND REFLECTS FLUORESCENT FIBERS UNDER UV LIGHT THIS DOCUMENT HAS A TRUE WATERMARK AND VISIBLE FIBERS DISCERNIBLE FROM BOTH SIDES 64756 BUSINESS LICENSE CERTIFICATE CITY OF NATIONAL CITY PURSUANT TO CITY ORDINANCE THIS LICENSE IS HEREBY GRANTED FOR THE TERM & PURPOSE STATE BUS DESCRIPTION ELECTRICAL CONTRACTO BUSINESS ADDRESS 6061 FAIRMOUNT AV IL4 BUSINESS NAME ATTN: MAILING ADDRESS NON TRANSFERABLE ACE ELECTRIC, INC PO BOX 601071 SAN DIEGO,"CA 92160-1071 POST IN A CONSPICUOUS PLACE to of Expiration: 12/31 /2019 City Manager THIS DOCUMENT IS ALTERATION PROTECTED AND REFLECTS FLUORESCENT FIBERS UNDER UV LIGHT KEEP FOR YOUR RECORDS BUSINESS TAX RECEIPT License No. 64756 A $50.00 SB1186 $4.00 TOTAL $54.00 National City 95 1243 National City Blvd. 619-336-4330 / 67272 08/26/2019 07:20:45.000 Validation Receipt CIIARGES- 001-00000-3040 BL PRIMO ENERGY 001-00000-3043 SB1186 PRIMO ENERGY $ Sub -total PAYMENT - Visa - VISA HEYOEN V ZANTHEN Change Reg CHWK-FIN-23 20.00 4.00 $*********24.00 24.00 $***+*****x000 3USINESS LICENSE APPLICATION :ITY, CA 91950 UIRED INFORMATION IS INCOMPLETE. ENCLOSE PAYMENT 'AYABLE TO THE CITY OF NATIONAL CITY. PLEASE TYPE OR PRINT . GENERAL INFORMATION 1E) LQCAL BUSINESS PHONk 619-793-5442 .A.) }TION IN NATIONAL CITY 1E ROOM/SUITE NO. MAILING ADDRESS AND/OR P.Q. BOX NUMBER 7350 DIR STREET NAME Trade Street ROOM/SUITE NO. B P.O. BOX NO. CITY San Diego STATE CA ZIP CODE 92121 PHONE NUMBER AT MAILING ADDRESS. INCLUDE AREA CODE 619-793-5442 APPLICANT COPY EMAIL ADDRESS: christiniaaprimoenergy.COm Rev. 6/2015 BUS # LIC # National eity 95 d 4 ALL LICENSES EXPIRE y Bird. RENEWALS ARE DUE BY FE18/ 67272 GB/26/2019 07:20:45.000 Rect CHOK-FIN-23 20.00 4.00 EL PRIMO ENERGY $ SS 01186 PRIMO ENERGY $ THIS STUB, WHEN VALIDATED, IS YOUR OFFICIAL RECEIPT FROM THE: City of National City BUSINESS LICENSE DIVISION (619) 336-4330 TAXES $ MISC $ SB1186 $ 4.00 TOTAL $ 4.00 Policy Number: Dale Entered: 07/24/2019 4 '"i``, c. K� ` CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDJYYYY) 7/24/2019 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 Nunke Insurance Agency 8333 Clairemont Mesa Blvd Ste 202 Diego, CA 92111 NAME:ACT Bryan Nunke PHONE (A/C.No. Ext); (619} 298-9000 FAX No):"AIL (888) 733-3122 bnunke@farmersagent.com ADDRESS:San INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Farmers Insurance Exchange 21652 INSURED Dick Miller, Inc. 930 Boardwalk Suite H San Marcos, CA 92078 INSURER B: INSURER C : INSURER D: INSURER E INSURER F: • r .sal v,. rv%,wuL_n. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUER WVD POLICY NUMBER POLICY EFF (M VDD/YYYY) POLICY EXP (MM/DDIVYVY) LIMITS COF MERCIAL GENERAL LIABILITY EACH OCCURRENCE $ LAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PRO- JECT PER: LOC GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $ A S544 AUTOMOBILE x _ LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED SCHEDULED AUTOS NON -OWNED X X 606728194 2/25/2019 1/25/2020 COMBINED SINGLE LIMIT (Ea accident) $ 1, 000, 000 BODILY INJURY (Per person) $ BOD(LYINJURY } (Per accident $ PROPERTY DAMAGE (Per accident) $ $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE 1 �1��� rL-/v�11 1 GL .,}}-,� e I EACH OCCURRENCE $ AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N / A L//lV 'I�,t�/,(t / v pivc n V/V,�}�Q, STATUTE OTH- ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS/ LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) RE: All Operations Additional Insured: The City of National City, its elected officials, officers, agents, employees and volunteers. Primary and Non -Contributory and Waiver of Subrogration is included. ATE HOLDER CANCELLATION City of National City c/o Risk Manager 1243 National City Blvd National City, CA 91950 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Bryan Nunke ACORD 25 (2016/03) OO 1988.2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Produced using Forms Boss Plus software. www.FnrmsRnns nem• Imerecaive Pi rhlichinn I 1 r. Ann-9nA-1077 ' , ' THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy: 60672-81-94 GA FARMERS INSURANCE BUSINESS AUTO EXTENSIONS .7120 1 st Edition This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. A. Section II - Liability Coverage is amended as follows: 1. The following is added to Paragraph A.1. Who Is An Insured: Blanket Additional Insured Each person or organization with whom you agree, by virtue of a written contract or agreement, to provide insurance is an "insured", but only with respect to their legal liability for acts or omissions of a person for whom Liability Coverage is afforded under this policy: (1) Provided that the contract or agreement is signed and executed by you prior to the "bodily injury" or "property damage" loss; and (2) The contract or agreement is in effect during the policy period. B. Section IV - Business Auto Conditions is amended as follows: 1 The following is added to Paragraph A.5. Transfer Of Rights Of Recovery Against Other To Us: Blanket Waiver Of Subrogation We waive our right of recovery that we may have against a person or organization, but only to the extent that this is required of you by a written contract or agreement that is signed and executed prior to any "accident" or "loss". This waiver applies only to the person or organization designated in such contract or agreement. 2. The following is added to Paragraph B.5. Other Insurance: Primary And Noncontributory This insurance will be primary and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured; (3) This contract or agreement is signed and executed by you prior to when the "bodily injury" or "property damage" occurs; and (4) This written contract or agreement is in effect during the policy period. This endorsement is part of your policy. It supersedes and controls anything to the contrary. It is otherwise subject to all the terms of the policy. 93-7120 1ST EDITION 9-15 Includes copyrighted material of Insurance Services Office, Inc., with Its permission. 17120101 PAGE 1 OF 1 SEIME1 IL-01 1 A`oRo CERTIFICATE OF LIABILITY INSURANCE DATE A E(MM/ 019 ) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License # 0L48969 C3 Risk & Insurance ServicesPH 404 Camino Del Rio S. STE 410 San Diego, CA 92108 CONTACT Megan Seitz NAME: FAX (A/CONNo, Ext): (619) 669-8108 249 INo): rIL ADDRESS: megan@c3insurance.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Associated Industries Ins. Co., Inc 23140 INSURED Dick Miller, Inc. 930 Boardwalk Suite H & G San Marcos, CA 92078 INSURER B :Underwriters at Lloyds of London 15792C INSURER c : Evanston Insurance Co 35378 INSURER D : INSURER E : INSURER F : • N NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLIC ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF IMM/DD/YYYY) POLICY EXP IMM/DD/YYYYI LIMITS A X COMMERCIAL GENERAL LIABILITY X AES102480608 11/6/2018 11/6/2019 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) 100,000 $ CLAIMS -MADE X OCCUR MED EXP (Any one person) $ Excluded PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE X LIMIT APPLIES jECT PER: LOC PRODUCTS -COMP/OP AGG $ 2,000,000 $ AUTOMOBILE — LIABILITY ANY AUTO OWNED _ _ SCHEDULED AUTOS AUUTOS ONEYY COMBINED Ea acciden SINGLE LIMIT $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ B X UMBRELLA LIAB EXCESSLIAB X OCCUR CLAIMS -MADE WCISCEL000232501 11/6/2018 11/6/2019 EACH OCCURRENCE $ 4,000,000 AGGREGATE $ 4,000,000 $ DED X RETENTION $ 0 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N / A PPER RTUTE OTH- ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ C POLU- $5MIL/Ded $25K MKLV5ENV101307 11/6/2018 11/6/2019 TPL- $2M1L/Ded $25K DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) General Liability and Employers Liability are Underlying Policies on the Umbrella Policy. Blanket forms apply when required by written contract with the named insured. Re: Job: Paradise Creek Park. City of National City, its elected officials, officers, agents, employees, and volunteers are named as additional insureds as respects to General Liability per forms CG2010 07/04 and CG2037 07/04. Project Aggregate applies per the attached form regarding General Liability. Blanket endorsements apply when required by written contract with the named insured. CERTIFICATE HOLDER CANCELLATION City of National City c/o Risk Manager 1243 National City Blvd National City, CA 91950 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ( "7 ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: AES102480608 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s) Of Covered Operations All persons or organizations where required by written contract with the Named Insured. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 0 POLICY NUMBER: AES102480608 COMMERCIAL GENERAL LIABILITY CG20370704 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations All persons or organizations where written contract with the Named Insured requires additional insured completed operations. This form does not apply to your work on "residential property". Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property dam- age" caused, in whole or in part, by "your work" at the location designated and described in the sche- dule of this endorsement performed for that addi- tional insured and included in the "products - completed operations hazard". CG 20 37 07 04 © ISO Properties, Inc. 2004 Page 1 of 1 0 POLICY NUMBER: AES102480608 COMMERCIAL GENERAL LIABILITY NX GL 093 08 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT - AGGREGATE LIMITS OF INSURANCE (PER PROJECT) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Schedule Subject to an Overall Policy Aggregate Limit: $5,000,000 (Information required to complete this Schedule, if not shown above, will be shown in Declarations.) A. Paragraphs 2. and 3. of SECTION III — LIMITS OF INSURANCE are replaced by the following: 2. The Overall Policy Aggregate Limit is the most we will pay for the sum of a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard"; and c. Damages under Coverage B. 3. The Products -Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products -completed operations hazard" to each of your projects away from premises owned by or rented to you. B. The following is added to SECTION III — LIMITS OF INSURANCE: 8. Subject to Paragraph 2. and 3. above, the General Aggregate Limit is the most we will pay under for the sum Coverage A, Coverage B, or Coverage C to each of your projects away from premises owned by or rented to you. NX GL 093 08 09 Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission Policy Number: Date Entered: 07/24/2019 ACORN �,� CERTIFICATE OF LIABILITY INSURANCE DATE(MMlDD/YYYY) 7/24/2019 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 Nunke Insurance Agency 8333 Clairemont Mesa Blvd Ste 202 San Diego, CA 92111 CAMEA,CT Bryan Nunke (PA/CNNo.EMI (619) 298-9000 (_AA/C,No): (888) 733 3122 EMAIL bnunke®£armersagent.com ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Farmers Insurance Exchange 21652 INSURED Dick Miller, Inc. 930 Boardwalk Suite H San Marcos, CA 92078 INSURER B : INSURER C : INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WYD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MMIDD/YYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS -MADE OCCUR DAMAGE TO RENTED PREMISES {Ea occurrence) $ MED EXP (Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE POLICY OTHER: LIMIT APPLIES PRO- JECT PER: GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $ A AUTOMOBILE X _ ,_ LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY ___ SCHEDULED X X 606728194 1/25/2019 1/25/2020 COMBINED SINGLE LIMIT (Ea accident) $ 1, 000, 000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ UMBRELLA LIAR EXCESS LIAB'I _ OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ 0ED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) It yes, describe under DESCRIPTION OF OPERATIONS below Y / N N / A PER STATUTE OTH• ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached it more space is required) RE: A11 Operations Additional Insured: The City of National City, its elected officials, officers, agents, employees and volunteers. Primary and Non -Contributory and Waiver of Subrogration is included. CERTIFICATE HOLDER CANCELLATION City of National City c/o Risk Manager 1243 National City Blvd National City, CA 91950 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Bryan Nunke A -_-_1-- ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Produced using Forms Boss Plus software. www.ForrsBoss.com; Impressive Publishing, LLC 800-208-1977 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy: 60672-81-94 AN FARMERS INSURANCE BUSINESS AUTO EXTENSIONS 37120 1st Edition This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. A. Section II - Liability Coverage is amended as follows: 1. The following is added to Paragraph A.1 . Who Is An Insured: Blanket Additional Insured Each person or organization with whom you agree, by virtue of a written contract or agreement, to provide insurance is an "insured", but only with respect to their legal liability for acts or omissions of a person for whom Liability Coverage is afforded under this policy: (1) Provided that the contract or agreement is signed and executed by you prior to the "bodily injury" or "property damage" Toss; and (2) The contract or agreement is in effect during the policy period. B. Section IV - Business Auto Conditions is amended as follows: 1. The following is added to Paragraph A.5. Transfer Of Rights Of Recovery Against Other To Us: Blanket Waiver Of Subrogation We waive our right of recovery that we may have against a person or organization, but only to the extent that this is required of you by a written contract or agreement that is signed and executed prior to any "accident" or "loss". This waiver applies only to the person or organization designated in such contract or agreement. 2. The following is added to Paragraph B.5. Other Insurance: Primary And Noncontributory This insurance will be primary and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured; (3) This contract or agreement is signed and executed by you prior to when the "bodily injury" or "property damage" occurs; and (4) This written contract or agreement is in effect during the policy period, This endorsement is part of your policy. It supersedes and controls anything to the contrary. It is otherwise subject to all the terms of the policy. 93-7120 1ST EDITION 9.15 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 17120101 PAGE 1 OF 1 CALIFORNIA --* NATIONALfral^/ ark, `. INCORpOSATbb� City of National City (To be submitted only when there are no employees subject to Workers' Compensation) DECLARATION AND ADDENDUM TO ALL CONTRACTS AWARDED TO: DICK MILLER INC (Company Name) For the purpose of inducing the City of National City to go forward with any contracts awarded to DICK MILLER INC (Company), I declare as follows: GLEN BULLOCK (name) , PRESIDENT/OWNER/SECRETARY (title), am authorized to execute this document on behalf of _(company) with respect to compliance with the California Workers' Compensation and Labor laws. All work required will be performed personally and solely by volunteers of DICK MILLER INC (company), who are independent contractors. If, however, DICK MILLER INC (company) shall ever be required to hire employees or Subcontractors to perform this contract, DICK MILLER INC (company) shall obtain Workers' Compensation Insurance and/or provide proof of Workers' Compensation Insurance coverage to the City of National City. This document constitutes a declaration by DICK MILLER INC (company) against its financial interest, relative to any claims which may be asserted under the California Workers' Compensation and/or Labor laws against the City of National City relating to any bid or contract awarded DICK MILLER INC (company). DICK MILLER INC (company) will defend, indemnify, and hold harmless the City of National City, its officers and employees, from any and all claims and liability, including Workers' Compensation claims and liability that may be asserted or established by any party in the event it hires an employee in violation of this addendum or if a volunteer of the organization makes a claim against or alleges liability of the City of National City for Workers' Compensation, and it will further indemnify the City of National City, its officers and employees, for all damages the City thereby suffers. I agree that these declarations shall constitute an addendum to any bid or contract awarded to: DICK MILLER INC (company). Dated: AUGUST 22 , 20 19 (Insert company name in all caps) By: (Signature of Authorized Representative) GLEN BULLOCK - PRESIDENT/OWNER/SECRETARY (Name and Title) BUSINESS NAME ATTN: MAILING ADDRESS NON TRANSFERABLE THIS DOCUMENT HAS A TRUE WATERMARK AND VISIBLE FIBERS DISCERNIBLE FROM BOTH SIDES 108926 BUSINESS LICENSE CERTIFICATE CITY OF NATIONAL CITY PURSUANT TO CITY ORDINANCE THIS LICENSE IS HEREBY GRANTED FOR THE TERM & PURPOSE STATED BUS DESCRIPTION GENERAL CONTRACTOR CALIFORNIADate of Expiration -�= �+- BUSINESS ADDRESS 930 BOARDWALK STO,I lO NAL, C I �n o INCORPORATED DICK MILLER INC 930 BOARDWALK STE H SAN MARCOS, CA 92078-2634 POST IN A CONSPICUOUS PLACE 12/31/2019 City Manager THIS DOCUMENT IS ALTERATION PROTECTED AND REFLECTS FLUORESCENT FIBERS UNDER UV LIGHT THIS DOCUMENT HAS A TRUE WATERMARK AND VISIBLE FIBERS DISCERNIBLE FROM BOTH SIDES 64756 BUSINESS LICENSE CERTIFICATE CITY OF NATIONAL CITY PURSUANT TO CITY ORDINANCE THIS LICENSE IS HEREBY GRANTED FOR THE TERM A -PURPOSE STATED BUS DESCRIPTION ELECTRICAL CONTRACTO BUSINESS ADDRESS 6061 FAIRMOUNT AV ii BUSINESS NAME ATTN: MAILING ADDRESS NON TRANSFERABLE ACE ELECTRIC, INC PO BOX 601071 SAN DIEGO, CA 92160-1071 POST IN A CONSPICUOUS PLACE to of Expiration: 12/31/2019 1. City Manager THIS DOCUMENT IS ALTERATION PROTECTED AND REFLECTS FLUORESCENT FIBERS UNDER UV LIGHT KEEP FOR YOUR RECORDS BUSINESS TAX RECEIPT License No. 64756 A $50.00 SB1186 $4.00 TOTAL $54.00 National City 95 THIS STUB WHE }q ea, ; igfvd. ■��O��FffFIQQIAL QE�CEi' �:]•���L�by�' ,l,l O8/2/ / e I V"'tU"h'P' `O'ifi�S.' MWrT"1tr 23 75.r0 4.00 BUSINESS LICENSE # ALL LICENSES EXPIRE DECEMBER 31 RENEWALS ARE DUE BY FEBRUARY 28 EL 1 rI FiCC�.r( OT 5B1TAXES g ? Processing Fee/Misc. $ Fire Inspection Fee$_.. SB1186 $ 4.00 TOTAL $ It% National City 9 1?43 National City Blvd. 619 336 4330 / 67277 08/26/2019 t :02:30.000 Validation Receipt c 1ARGE S. 001 "00000-3040 Eat. PACIFIC PLAY SYSJE$ 001-00000. 3043 S61186 PACIFIC PLAY SYSTES 4.00 Sub -total sYasx*txsa79.00 Reg CMf( -F IN-23 PAYM NT- Mastercard - MC SAL I NA Tit ADNAR Change S 75.00 79.00 $*s$*414...Q.U() .ICENSE APPLICATION v1ATION IS INCOMPLETE. ENCLOSE PAYMENT IE CITY OF NATIONAL CITY. DR PRINT !MAIM LI/CAL.41J.4I14EfS PHONE 760 'ici 3'3'1 [0 L CITY ROOM/SUITE NO. jD/OR P.O. BOX OX No, ROOM/SUITE NO. PcC95E0n0 CASHIER'S COPY I r. , x y .y• • .. • c : AND COMPLETE IF APPLUCAIKE fiNEW_AUSLNESS IN NATIONAL CITY: BUSINESS WILL OPEN/OPENED ON: OWNERSHIP CHANGE; PREVIOUS BUSINESS NAME: CMECX ONE: A. iJ WHOLESALE B. (:1 RETAIL C. "; SERVICE D.: ;RENTAL UNITS, t OF UNITS E. I I MANUFACTURING F. 1 OFFICE BUILDING SQUARE FOOTAGE (applicable to commercial addresses): TOTAL NO. OF BEDS (applicable to Health Care Facilities): STATE LICENSE x/ HEALTH PERMIT/ ABC ott DRIVHiS UC. # 1416 STATE RESALE A to -11 T:5, t FEDERAL ID X/ SOCIAI. SEC. * 91— 46 9010g DESCRIBE BUSINESS FULLY - INCLUDE PRINCIPAL PRODUCT OR SERVICE (..e A (.to(1 K- — ecIA'stk t clw. 15 ru.g. NUMBER OF BUSINESS VEHIf'I FS OPERATING IN NATIONAL CITY WITH YOUR COMPANY ADVERTISING (LOGO) ON THEM OIEO(ONE• I.!: SINGLE PROPRIETORSHIP 2. l!PARTNERSHIP C.yrCORPORATION ` UST OWNER/PARTNERS/CORPORATE OFFICERS NAME 1 FIRSTf t1U MI Ti(K 1 A tot HOME ( h HOME ADDRESS 3) q 2 Y ,J k / i 11 CITY / Is f `.4 VJ STATE / /I l ZIP CODE _) q 1 V 0 LAST NAME �1 FIRST NAME MI TITLE1 HOME PHONE HOME ADDRESS CITY STATE ZIP CODE L. EMERGENCY INFORMATION LIST IN ORDER OF PRIORITY AND PROXIMITY TO BUSINESS THE PERSON TO BE CONTACTED AT NIGHT IN CASE OF BREAK IN 0R FIRE Priikt:LegMAM140 DO YOU HAVE A BURGLAR ALARM? 1, I.; NO NAME OF ALARM COMPANY 2. (.CYEs; IF YES 3. I !SILENT MARC, ?LA/ Mir. [N PHONE F 4. I_! AUDIBLE TELEPHONE 1 12 —3 —36 3 TIT DATE to5cci Scanned by CamScanner National City 95 1243 National City Blvd. 619-336-4330 / 67272 08/26/2019 07:20:45.000 Validation Receipt CHARGES- 001-00000-3040 BL PRIMO ENERGY $ 001-00000-3043 SB1186 PRIMO ENERGY $ Sub -total PAYMENT - Visa - VISA HEYDEN V ZANTHEN Change Reg CHWK-FIN-23 20.00 4.00 $*********24.00 $ 24.00 $**********0.00 3USINESS LICENSE APPLICATION :ITY, CA 91950 UIRED INFORMATION IS INCOMPLETE. ENCLOSE PAYMENT 'AYABLE TO THE CITY OF NATIONAL CITY. PLEASE TYPE OR PRINT . GENERAL INFORMATION 1E) )..00AL BUSINESS PHONE 619-793-5442 kTION IN NATIONAL CITY lE ROOM/SUITE NO. ING ADDRESS AND/OR P.O. BOX NUMBER 7350 DIR STREET NAME Trade Street ROOM/SUITE NO. B P.O. BOX NO. CITY San Diego STATE CA ZIP CODE 92121 PHONE NUMBER AT MAILING ADDRESS. INCLUDE AREA CODE 619-793-5442 APPLICANT COPY EMAIL ADDRESS: christinia@primoenergy.com Rev. 6/2015 BUS # LIC # National City 95 ALL LICENSES EXPIRE 4f3ri ?iy Blvd. RENEWALS ARE DUE BY FE1133b33/ 67272 08/26/2019 07:20:45.0000 Reg C1CK-FIN-23 20.00 4.00 EL PRIMO ENERGY $ SB1136 PRIMO ENERGY $ THIS STUB, WHEN VALIDATED, IS YOUR OFFICIAL RECEIPT FROM THE: City of National City BUSINESS LICENSE DIVISION (619) 336-4330 TAXES $ MISC $ SB1186 $ TOTAL $ 4.00 4.00 RESOLUTION NO. 2019 —128 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, 1) AWARDING A CONTRACT TO DICK MILLER, INC. IN THE AMOUNT OF $2,330,869.70 FOR THE PARADISE CREEK PARK EXPANSION PROJECT, CIP NO. 18-16; 2) AUTHORIZING A 15% CONTINGENCY IN THE AMOUNT OF $349,630.45 FOR ANY UNFORESEEN CHANGES; AND 3) AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT WHEREAS, on May 16, 2017, City Council adopted Resolution No. 2017- 73 authorizing the filing of an application for the Urban Greening Grant Program funds through the California Department of Natural Resources for National City's Paradise Creek Park Project and authorizing the City Manager to execute the grant agreement with California Department of Natural Resources, if selected for grant award; and WHEREAS, in November 2017, staff was notified that National City had been awarded a $1,151,265 Urban Greening Grant for the project which the City Manager subsequently executed in July 2018; and WHEREAS, in October 16, 2018, City Council adopted Resolution No. 2018-182 awarding a contract for the construction of the Paradise Creek Park Site Remediation and Improvements Project that will provide the site remediation, grading, and infrastructure improvements necessary to construct the new approximately 4-acre Paradise Creek Park; and WHEREAS, the Paradise Creek Park Expansion Project will develop an approximately 4-acre Community Park with decomposed granite (DG) walking paths, educational and interpretive signage, trees, native vegetation, bioretention areas for storm water treatment, community garden, playground and passive recreational areas, and other amenities on the west side of Paradise Creek between W. 22nd Street and W. 19th Street; and WHEREAS, on June 27, 2019, the bid solicitation was posted on PlanetBids, a free public electronic bidding system for contractors and on July 2, 2019 and July 9, 2019, the bid solicitation was advertised in local newspapers; and WHEREAS, on July 30, 2019, six (6) bids were received electronically on PlanetBids by the 2:00 p.m. deadline with Dick Miller Inc. being the apparent lowest bidder with a total bid amount of $2,330,869.70; and WHEREAS, upon review of all documents submitted, Dick Miller, Inc.'s bid was deemed responsive and lowest responsible bidder qualified to perform the work as described in the project specification with an estimated completion date of May 2020; and WHEREAS, staff recommends awarding a contract to Dick Miller, Inc. in the not to exceed amount of $2,330,869.70 and to authorize a 15% contingency in the amount of $349,630.45 to address any unforeseen conditions that may arise. Resolution 2019 — 128 Page Two NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for the Paradise Creek Park Expansion Project to the lowest responsive, responsible bidder, to wit: DICK MILLER, 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 not -to exceed amount of $2,330,869.70 with Dick Miller, Inc. for the Paradise Creek Park Expansion Project. Said contract is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the City Council of the City of National City authorizes a 15% contingency in the amount of up to $349,630.45 for any unforeseen changes. PASSED and ADOPTED this 3rd day of Sep AAlfiNA yAI-'andrel:' ATTEST: T►'j Michael R. al a7City Clerk APPROVED AS TO FORM: orr -Jo e Attorney , Mayor Passed and adopted by the Council of the City of National City, California, on September 3, 2019 by the following vote, to -wit: Ayes: Councilmembers Cano, Morrison, Quintero, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: ALEJANDRA SOTELO-SOLIS Mayor of the City of National City, California MICHAEL R. DALLA City Clerk of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2019-128 of the City of National City, California, passed and adopted by the Council of said City on September 3, 2019. City Clerk of the City of National City, California By: CITY OF NATIONAL CITY, CALIFORNIA e2bfq- 3( COUNCIL AGENDA STATEMENT MEETING September 3, 2019 AGENDA ITEM NO. 13 EM TITLE: Resolution of the City Council of the City of National City, 1) awarding a contract to Dick Miller, Inc. in the amount of $2,330,869.70 for the Paradise Creek Park Expansion Project, CIP No. 18-16; 2) authorizing a 15% contingency in the amount of $349,630.45 for any unforeseen changes; and 3) authorizing the Mayor to execute the contract. PREPARED BY: Jose Lope PHONE: 619-336-4312 EXPLANATION: See attached explanation. , Associate Engineer DEPARTMENT: Engineering and Public Works APPROVED BY: FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: :penditure Account: 296-409-500-598-6195 (Paradise Creek Educational Park Phaso II) - $1,151,265 ;penditure Account: 001-409-500-898-1596 (WI-TOD/Paradise Creek Park) - $1,179,604.70 $1,179,604.70 in local match will be funded through the Site Infrastructure Agreement with Paradise Creek II Housing Partners, L.P., "Phase II Developer" for the Westside Infill Transit Oriented Development (WI-TOD) Project. 15% contingency Expenditure Account: 001-409-500-898-1596 (WI-TOD/Paradise Creek Park) - $349,630.45 ENVIRONMENTAL An EIR for the park site was previously prepared for the Paradise Creek Affordable Housing Development. The Project is environmentally cleared through CEQA. ORDINANCE: INTRODUCTION Li FINAL ADOPTION r 1 FINANCE MIS STAFF Adopt Resolution awarding a contract to Dick Miller, Inc. in the amount of $2,330,869.70 for the Paradise Creek Park Expansion Project, CIP No. 18-16. BOARD / COMMISSION N/A ATTACHMENTS 1. Explanation 2. Bid Opening Summary 3. Three Lowest Bidders Summary 4. Owner -Contractor Agreement 5. Resolution Asa /k74,,;r, 71,0. 'a / 9- Ia J Explanation The Paradise Creek Park Project will develop an approximately 4-acre Community Park with decomposed granite (DG) walking paths, educational and interpretive signage, trees, native vegetation, bioretention areas for storm water treatment, community garden, playground and passive recreational areas, and other amenities on the west side of Paradise Creek between W. 22nd Street and W. 19th Street. On May 16, 2017, City Council adopted Resolution No. 2017-73 authorizing the filing of an application for Urban Greening Grant Program funds through the California Department of Natural Resources for National City's Paradise Creek Park Project and authorizing the City Manager to execute the grant agreement with California Department of Natural Resources, if selected for grant award. In November 2017, staff was notified that National City had been awarded a $1,151,265 Urban Greening Grant for the project. The City Manager subsequently executed Grant Agreement U29121-0 in July 2018. On October 16, 2018, City Council adopted Resolution No. 2018-182 awarding a contract for the construction of the Paradise Creek Park Site Remediation and Improvements Project. The Project began construction in December 2018, and will provide the site remediation, grading, and infrastructure improvements necessary to construct the new approximately 4-acre Paradise Creek Park. On June 27, 2019, the bid solicitation was posted on PlanetBids, a free public electronic bidding system for contractors. On July 2, 2019 and July 9, 2019, the bid solicitation was advertised in local newspapers. On July 30, 2019, six (6) bids were received by the 2:00 p.m. Bid results were immediately available for viewing on PlanetBids. Dick Miller, Inc. was the apparent lowest bidder with a total bid amount of $2,330,869.70. Upon review of all documents submitted, Dick Miller, Inc.'s bid was deemed responsive, and they are the lowest responsible bidder qualified to perform the work as described in the project specifications. Therefore, staff recommends awarding a contract to Dick Miller, Inc. in the not -to -exceed amount of $2,330,869.70. Staff also recommends authorizing a 15% contingency in the amount of $349,630.45 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. Also attached is the Owner -Contractor Agreement. Construction is estimated to be completed in May of 2020. Updates will be provided on the City's CIP website at: nationalcityprojects.com. -1- The required local match of $1,179,604.70 will be funded through the Site Infrastructure Agreement with Paradise Creek II Housing Partners, L.P., "Phase II Developer" for the Westside Infill Transit Oriented Development (WI-TOD) Project -2- NAME: CIP NO: DATE: TIME: #14tidrst"---., reioRPOra BID OPENING RESULTS PARADISE CREEK PARK EXPANSION 18-16 Tuesday, July 30, 2019 2:00 P.M. ESTIMATE: $1,900,000 PROJECT ENGINEER: Roberto Yano,P.E. NO. BIDDER'S NAME BID AMOUNT BID SECURITY -BOND 1. Dick Miller Inc. 930 Boardwalk Suite H San Marcos, CA 92078 $2,330,869.70 Bond 2. C.S. Legacy Construction, Inc 1704 S. Grove Ave Ontario, CA 91761 $2,566,981.20 Bond 3 3-D Enterprises, Inc. 3615 Kearny Villa Road, Suite 203 San Diego, CA 92123 $2,790,641.00 Bond 4. Blue Pacific Engineering & Construction 7330 Opportunity Road, Suite A San Diego, CA 92111 $2,819,757.50 Bond 5 Western Rim Constructors, Inc. 912 S Andreasen Drive, Suite 108 Escondido, CA 92029 $3,197,653.67 Bond 6 LB Civil Construction, Inc. 324 E. Valley Pkwy Escondido, CA 92025 $3,218,367.70 Bond -3- Bid Results for Paradise Creek Park Expansion, CIP No. 18-16 Dick Miller Inc. C.S. Legacy Construction, Inc 3-D Enterprises, Inc Item No. Item Description Unit Qty. Unit Price Extension (Quantit Y x Unit Price) Unit Price Extension (Quantity x Unit Price) Unit Price Extension (Quantity x Unit Price) Base Bid - General 1 Mobilization/Demohilization LS 1 $39,560.00 $39,560,00 $133,111.00 $133,111.00 $70,000.00 $70,000.00 2 Water Pollution Control LS 1 $17;000.00 $17,000.00 $37,159.00 $37,159.00 $40,000.00 $40,000.00 3 Clearing and Grubbing LS 1 $21,000.00 $21,000.00 $4,760.00 $4,760.00 $50,000.00 $50,000.00 4 Traffic/Pedestrian Control LS 1 $1,500.00 $1,500.00 $5,473.00 $5,473.00 $20,000.00 $20,000.00 ubtotal $79,060.00 $180,503.00 $180,000.00 Base Bid - Grading 5 Excavation & Grading LS 1 $122,000.00 $122,000.00 $44,949.00 $44,949.00 $46,000.00 $46,000.00 -i. Subtotal $122,000.00 $44,949.00 $46,000.00 Base Eid - Other Improvements 6 Construct Concrete Stage @ Kiosko LS 1 $13,700.00 $13,700.00 $15,863.00 $15,863.00 $12,000.00 $12,000.00 7 Construct Pedestrian Impervious Concrete Paving (4") SF 1,800 $9.75 $17,550.00 $9.41 $16,938.00 $12.00 $21,600.00 8 Construct Pedestrian Pervious Concrete Paving (4") SF 10,500 $11.85 $124,425.00 $9.62 $101,010.00 $20.00 $210,000.00 9 Construct 6" Concrete Curb LF 200 $44.00 $8,800.00 $30.24 $6,048.00 $35.00 $7,000.00 10 Construct Vehicular Pervious Concrete Paving (6" on 6" Base) SF 1,000 $16.50 $16,500.00 $16.45 $16,450.00 $25.00 $25,000.00 11 Construct Concrete Steps LS 1 $21,000.00 $21,000.00 $31,902.00 $31,902.00 $35,000.00 $35,000.00 12 Construct Concrete Sign Rail EA 2 $2,900.00 $5,800.00 $7,424.00 $14 848.00 $15,000.00 $30,000.00 13 Construct Concrete Pedestrian Bridge LS 1 $9,400.00 $9,400.00 $16,277.00 $16,277.00 $40,000.00 $40,000.00 14 Construct DG Paving (4" Over Weed SF 20,293 $4.00 $81,172.00 $2.37 $48,094.41 $3.00 $60,879.00 Bid Results for Paradise Creek Park Expansion, CIP No. 18-16 Dick Miller Inc. C.S. Legacy Construction, Inc 3-D Enterprises, Inc Item No. Item Description Unit Qty. Unit Price Extension (Quantity x Unit Price) Unit Price Extension (Quantity x Unit Price) Unit Price Extension (Quantity x Unit Price) 15 Construct DG Paving (4" Over Weed Cloth @ Community Garden) SF 9,158 $3.70 $33,884.60 $2.43 $22,253.94 $3.00 $27,474.00 16 Construct Steel Header LF 430 $21.50 $9,245.00 $6.50 $2,795.00 $15.00 $6,450.00 17 Construct Steel Header @ Community LF 365 $21.50 $7,847.50 $6.60 $2,409.00 $15.00 $5,475.00 18 Construct Shade Structure Cover EA 2 $6,000.00 $12,000.00 $24,889.00 $49,778.00 $12,000.00 $24,000.00 19 Construct Wood Bench on Gabion Wall EA 2 $450.00 $900.00 $2,677.00 $5,354.00 $3,000.00 $6,000.00 20 Construct 1.5" Galvanized Pipe 2-Rail LF 950 $100.00 $95,000.00 $91.00 $86,450.00 $60.00 $57,000.00 21 Construct 1.5" Galvanized Pipe 2-Rail LF 500 $100.00 $50,000.00 $96.00 $48,000.00 $60.00 $30,000.00 22 Construct Concrete Seat Wall LF 400 $275.00 $110,000.00 $127.49 $50,996.00 $100.00 $40,000.00 in 23 Construct Concrete Plinth EA 2 $3,700.00 $7,400.00 $2,141.00 $4,282.00 $8,000.00 $16,000.00 24 Construct Stake Post EA 4 $700.00 $2,800.00 $1,716.00 $6,864.00 $12,000.00 $48,000.00 25 Construct ADA Ramp EA 1 $3,500.00 $3,500.00 $2,073.00 $2,073.00 $5,000.00 $5,000.00 26 Construct Shed with Concrete Pad LS 1 $5,500.00 $5,500.00 $8,377.00 $8,377.00 $10,000.00 $10,000.00 27 Replace existing Kiosko Shade Fabric LS 1 $18,400.00 $18,400.00 $16,007.00 $16,007.00 $6,000.00 $6,000.00 28 Provide and Install Emergency Access Post Knox Boxes EA 4 $200.00 $800.00 $1,367.00 $5,468.00 $2,000.00 $8,000.00 29 Obtain, Prepare and Install Hammer Head Artifact EA 1 $3,100.00 $3,100.00 $3,364.00 $3,364.00 $4,000.00 $4,000.00 30 Obatin, Prepare and Install Steel Ball Floats Artifacts EA 4 $1,900.00 $7,600.00 $1,162.00 $4,648.00 $4,000.00 $16,000.00 31 Obtain Prepare and Install Hammer EA 1 $3,100.00 $3,100.00 $3,364.00 $3,364.00 $4,000.00 $4,000.00 32 Remove and Dispose of Easterly Boundary Chain Link Fence and Cap LS 1 $7,500.00 $7,500.00 $14,368.00 $14,368.00 $10,000.00 $10,000.00 2 Bid Results for Paradise Creek Park Expansion, CIP No. 18-16 Dick Miller Inc. C.S. Legacy Construction, Inc 3-D Enterprises, Inc Item No. Item Description Unit Qty. Unit Price Extension (Quantity x Unit Price) Unit Price Extension (Quantity x Unit Price) Unit Price Extension (Quantity x Unit Price) 33 Provide and Install Truncated Domes Per SDRSD G-30 LS 1 $2,200.00 $2,200.00 $1,065.00 $1,065.00 $4,000.00 $4,000.00 34 Provide and Install Lending Library LS 1 $500.00 $500.00 $920.00 $920.00 $12,000.00 $12, 000.00 35 Provide and Install Rubberized Resilient Surfacing & Base/Subdrainage SF 5,125 $25.30 $129,662.50 $28.04 $143,705.00 $27.00 $138,375.00 36 Provide and Install 4'20 Silica Play Sand, 16" Deep CY 35 3169.00 $5,915.00 $147.00 $5,145.00 $200.00 $7,000.00 37 Provide and Install Eicycle Rack EA 2 $1,050.00 $2,100.00 $1,346.00 $2,692.00 $2,000.00 $4,000.00 38 Provide and Install Shade Structures EA 9 $13,200.00 $118,800.00 $14,480.00 $130,320.00 $20,000.00 $180,000.00 , 39 3rd Party Playground Audit LS 1 $2,900.00 $2,900.00 $2,859.00 $2,859.00 $3,000.00 $3,000.00 . 40 Provide and Install Play Structures (2-5 & 5-12 Yrs) LS 1 $163,000.00 $163,000.00 $162,475.00 $162,475.00 $90,000.00 $90,000.00 41 Provide and Install 2 Rail, 7" Wood Post & 4" Wood Rail Fence LF 190 5105.00 $19,950.00 $164.00 $31,160.00 $100.00 $19,000.00 42 Provide and Install Hot Ash Containers EA 1 $1,272.00 $1,272.00 $2,940.00 $2,940.00 $2,000.00 $2,000.00 43 Provide and Install Fitness Equipment LS 1 $8,820.00 $8,820.00 $10,512.00 $10,512.00 $16,000.00 $16,000.00 44 Provide and Install Pet Waste Station EA 3 $350.00 $1,050.00 $519.00 $1,557.00 $1,000.00 $3,000.00 45 Provide and Install High/Low Drinking Fountain With Connection EA 1 $9,500.00 $9,500.00 $9,945.00 $9,945.00 $10,000.00 $10,000.00 46 Provide and Install 84" Benches With Backs & Armrests EA 30 $1,069.00 $32,070.00 $1,256.00 $37,680.00 $1,600.00 $48,000.00 47 Provide and Install 92" ADA Picnic Table EA 8 $1,279.00 $10,232.00 $1,790.00 $14,320.00 $2,000.00 $16,000.00 48 Provide and Install 72" Picnic Tables EA 11 $1,207.00 $13,277.00 $1,532.00 $16,852.00 $1,900.00 $20,900.00 49 Provide and Install 48" Kids Picnic Tables EA 5 $1,088.00 $5,440.00 $1,577.00 $7,885.00 $1,700.00 $8,500.00 Bid Results for Paradise Creek Park Expansion, CIP No. 18-16 Dick Miller Inc. C.S. Legacy Construction, Inc 3-D Enterprises, Inc Item No. Item Description Unit Qty. Unit Price Extension (Quantity x Unit Price) Unit Price Extension (Quantityx Unit Price) Unit Price Extension (Quantity x Unit Price) 50 Provide and Install Trash Receptacles EA 6 $434.00 $2,604.00 $627.00 $3,762.00 $2,000.00 $12,000.00 51 Fine Grading and Soil Preparation, Testing, and Amendments LS 1 $39,600.00 $39,600.00 $71,695.00 $71,695.00 $20,000.00 $20,000.00 52 Provide and Install EnergiPlant EA 1 $16,400.00 $16,400.00 $15,541.00 $15,541.00 $26,000.00 $26,000.00 53 Provide Playground Audit LS 1 $2,900.00 $2,900.00 $2,859.00 $2,859.00 $2,000.00 $2,000.00 54 Trees, 72" Box EA 11 $7,300.00 $80,300.00 $8,169.00 $89,859.00 $10,000.00 $110,000.00 55 Shrubs, 15 Gallon EA 54 $116.00 $6,264.00 $171.00 $9,234.00 $160.00 $8,640.00 56 Shrubs, 5 Gallon EA 340 $21.00 $7,140.00 $23.00 $7,820.00 $35.00 $11,900.00 57 Shrubs, 1 Gallon EA 4,519 $13.00 $58,747.00 $15.00 $67,785.00 $11.00 $49,709.00 J 58 Mulch SF 50,240 $0.48 $24,115.20 $0.64 $32,153.60 $0.70 $35,168.00 59 Hydroseed/Seed Blanket SF 13,951 $0.70 $9,765.70 $0.75 $10,463.25 $1.00 $13,951.00 60 180 Day Landscape Maintenance MO 6 $2,300.00 $13,800.00 $3,881.00 $23,286.00 $2,000.00 $12,000.00 61 Provide and Install Irrigation System LS 1 $100,600.00 $100,600.00 $143,096.00 $143,096.00 $150,000.00 $150,000.00 62 Provide and Install Electrical System LS 1 $34,248.00 $34,248.00 $37,292.00 $37,292.00 $60,000.00 $60,000.00 63 Provide and Install Lighting System L5 1 $364,857.00 $364,857.00 $397,273.00 $397,273.00 $520,000.00 $520,000.00 ubtotal $1,964,953.50 $2,098,432.20 $2,378,021.00 Bas,; Bid - Security Systems 64 Furnish and Install 36 Strand SMFOC with Tracer Wire LF 1,400 $4.20 $5,880.00 $4.57 $6,398.00 $5.00 $7,000.00 65 Furnish and Install 12 Strand SMFOC with Tracer Wire LF 1,500 $3.46 $5,190.00 $3.77 $5,655.00 $4.00 $6,000.00 66 Furnish and Install Outdoor Shielded CAT 6 Cable LF 800 $3.67 $2,936.00 $4.00 $3,200.00 $4.00 $3,200.00 4 Bid Results for Paradise Creek Park Expansion, CIP No. 18-16 Dick Miller Inc. C.S. Legacy Construction, Inc 3-D Enterprises, Inc Item No. Item Description Unit Qty. Unit Price Extension (Quantity x Unit Price) Unit Price Extension (Quantity x Unit Price) Unit Price Extension (Quantity x Unit Price) 67 Furnish and Install 2 #6 Electrical Wires and 1 #8 Ground and Necessary Splicing LF 2,320 $4.41 $10,231.20 $4.80 $11,136.00 $6.00 $13,920.00 68 Furnish and Install 2" EMT Conduit with Electrical Wires and Fasten to Interior LF 15 $37.80 $567.00 $42.00 $630.00 $100.00 $1,500.00 69 Furnish and Install 2" PVC Conduit with Mule Tape LF 1,000 $22.57 $22,570.00 $24.58 $24,580.00 $16.00 $16,000.00 70 Furnish and Install 3" PVC Conduit with Mule Tape LF 300 $31.50 $9,450.00 $34.30 $10,290.00 $20.00 $6,000.00 71 Furnish and Install #5 Pull Box with EA 12 $821.00 $9,852.00 $895.00 $10,740.00 $800.00 $9,600.00 72 0o Furnish and Install 36-Strand Fiber Optic Splice Closure EA 1 $1,638.00 $1,638.00 $1,784.00 $1,784.00 $1,600.00 $1,600.00 73 Furnish and Install Wall Mount Cabinet with 19" Rack Mount Shelf, Dual -Fan Kit, and Surge -Protected Power Strip EA 1 $3,276.00 $3,276.00 $3,568.00 $3,568.00 $3,500.00 $3,500.00 74 Furnish and Install Cisco 3850 Switch with 10 GB Module EA 1 $11,235.00 $11,235.00 $12,234.00 $12,234.00 $12,000.00 $12,000.00 75 Furnish and Install Fiber Distribution Unit with 4U Rack Mount and 4 12-Port Splice EA 1 $3,675.00 $3,675.00 $4,002.00 $4,002.00 $4,000.00 $4,000.00 76 Furnish and Install Hardened Swith with Power Supply and DIN Rail Mounting EA 3 $1,155.00 $3,465.00 $1,258.00 $3,774.00 $1,000.00 $3,000.00 77 Furnish and Install 12-Strand Fiber Optic Fan -Out Kit Inside SEPCO Battery EA 3 $197.00 $591.00 $215.00 $645.00 $100.00 $300.00 78 Furnish and Install 3-20A Breakers on Existing Panel "A" LS 1 $388.00 $388.00 $424.00 $424.00 $3,000.00 $3,000.00 79 Fiber Splicing and Termination LS 1 $1,706.00 $1,706.00 $1,858.00 $1,858.00 $2,000.00 $2,000.00 80 Fiber Testing and Documentation LS 1 $2,205.00 $2,205.00 $2,401.00 $2,401.00 $2,000.00 $2,000.00 Bid Results for Paradise Creek Park Expansion, CIP No. 18-16 Dick Miller Inc. C.S. Legacy Construction, Inc 3-D Enterprises, Inc Item No. Item Description Unit Qty. Unit Price Extension (Quantity x Unit Price) Unit Price Extension (Quantity x Unit Price) Unit Price Extension (Quantity x Unit Price) 81 Blue Violet Coordination prior to Blue Violet Installation and Testing LS 1 $1.00 $1.00 $5,009.00 $5,009.00 $3,000.00 $3,000.00 `_ ubtotal $94,856.20 $108,328.00 $97,620.00 Additive Bid 82 Construct 8' Tall Fence Double Gates @ Community Garden EA 1 $8,200.00 $8,200.00 $16,112.00 $16,112.00 $12,000.00 $12,000.00 83 Construct 8' Tall Galvanized Mesh Fence @ Community Garden LF 400 $147.00 $58,800.00 $252.00 $100,800.00 $180.00 $72,000.00 84 Sand, Primer and Paint Kiosko Posts LS 1 $3,000.00 $3,000.00 $17,857.00 $17,857.00 $5,000.00 $5,000.00 Subtotal Additive Bid a $70,000.00 $134,769.00 $89,000.00 Grand Total $2,330,869.70 $2,566,981.20 $2,790,641.00 6 OWNER - CONTRACTOR AGREEMENT PARADISE CREEK PARK EXPANSION, CIP NO. 18-16 This Owner -Contractor Agreement ("Agreement") is made by and between the City of National City, 1243 National City Boulevard National City, California 91950 and Dick Miller, Inc. ("Contractor"), 930 Boardwalk Suite, G, San Marcos, CA 92078 on the 3d day of September, 2019, 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,inaccordance with these Contract Documents in an amount not to exceed the contract price as set forth in Exhibit "Bs' attached 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 perforhiance,of this Agreement, the Contractor shall not refOse or fail to hire or employ any qualified person, or bar or discharge from employment any person, or discriminate against any person,,.with respect tosuch personas compensation, terms, conditions or privileges of employment because of such person's race, religious status, sex or age. 5. AUTHORIZED OWNER REPRESENTATIVES -10- 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 reasohable 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 -11- 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) -12- 14. AGREEMENT MODIFICATION This Agreement and the Contract Documents may not be modified orally or in any manner other than by an amendment in writing and signed by the Owner and the Contractor. IN WITNESS WHEREOF this Agreement is executed as of the date first written above. Owner: Contractor: Dick Miller, Inc. Alejandra Sotelo-Solis (Owner/Officer signature) Mayor, City of National City APPROVED AS TO FORM: GLEN BULLOCK - PRESIDENT/OWNER/SECRETARY Print name and title By: Angil P. Morris -Jones City Attorney (Second officer signature if a corporation) FaG� Rou,ocIL PZe OeNT Print name and title #108926 Contractor's City Business License No. #380204 State Contractor's License No. and Class 930 BOARDWALK SUITE H Business street address SAN MARCOS, CA 92078 City, State and Zip Code -13- 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. -14- EXHIBIT B CONTRACT PRICE (NOTE- TO BE COMPLETED TO CONFORM WITH BID SCHEDULE ITEMS) -15- CORPORATE CERTIFICATE 1 GLEN BULLLOCK certify that I am the Secretary of the Corporation named as Contractor in the,foregoing Contract; that GLEN BULLOCK , who signed said contract on behalf of the Contractor, was then PRESIDENT/OWNER/SECRETARY 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, GLEN BULLLOCK certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that GLEN BULLLOCK , who signed said contract on behalf of the Contractor, was then PRESIDENT/OWNER/SECRETARY of said Corporation; that said contract was duly signed for and in behalf of said Corporation by authority of itsgoverning body and is within the scope of its corporate powers. Corporate Seal: -16- STATE OF N/A COUNTY OF N/A PARTNERSHIP CERTIFICATE ) ) ss On this N/A day of N/A , 20 N/A , before me, the undersigned, a Notary Public in and for said County and State, personally appeared: N/A N/A (Notary Seal) known to me to be N/A of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. Signature: N/A Name (Type or Print): N/A (Notary Public in and for said County and State) My Commission expires: N/A_ -17- BondNo. D24241124 "Premium: $18,503.00 PERFORMANCE BOND WHEREAS, the City Council of the City of National City, by Resolution No. , passed the 3'd day of September, 2019; hat awarded to DICK MILLER. INC„ hereinafter designated as the "Principal", the PARADISE CREEK PARK EXPANSION, CIP No. 18-16. WHEREAS, said Principal Is required under the terms of said contract to furnish a bond for the faithful performanceof said contract. NOW, THEREFORE, we, the Principal and The Ohio Casualty Insurance Company as surety, are held and firmly bound unto the City Council of the City of National City hereinafter called the "Council", in the penal sum of Two Million, Three Hundred Thirty Thousand; Eight Hundred Sixty Nine and Seventy Cents ($2,330,869.70) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally; firmly by these presents. THE CONDITION OF THIS OBLIGATION I5 SUCH THAT .if the above bounden Principal, his/her or its heirs, executors, administrators, successors or assigns, shall In all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said contract any alteration thereof made as therein provides, on his or their part, to be .kept and performed at the time and in the amount therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of National City, the City Council, their officers, agents, and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. -18- And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed herein or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or additions to the terms of the contract or to the work or to the specifications. In the event suit is brought upon this bond by the City of National City and judgment is recovered, the surety shall pay all costs incurred by the Council in such suit, including a reasonable attorney's fee to be fixed by the Court. IN WITNESS WHEREOF three identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the 22nd day of August , 2019 The Ohio Casualty Insurance Company Bart Stewart, Attorney -in -Fact Surety (SEAL) Dick Miller, Inc. (SEAL) (SEAL) 1— 1„1,______.._('SEAL) (SEAL) 6., L. e,.-) C7u c,t-a C- (SEAL) Principal -19- THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. 8090514 In a1 co Qs � 0 8) O N d > t4 _ 7 c O L O c th rtE oo c Y 44- :2 lC c 4d L O 3 Zo ss Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casually Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the Stale of Massachusetts. and West American Insurance Company is a corporation duly organized under the laws of the Slate of Indiana (herein collectively called the "Companies'), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Molly Cashman; Bart Stewart all of the city of Encinitas , state of CA each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 9th day of May , :2018 . The Ohio Casualty Insurance Company Liberty Mutual Insurance Company West merican Insurance Company By: .1 David M. Care ,Assistant Secretary STATE OF PENNSYLVANIA COUNTY OF MONTGOMERY On this 9th day of May 2018 before me personally appeared David Ni. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and Thal he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Teresa Pastella, Notary Public. Upper Marion Twp.. Montgomery County ▪ r My Commission Expires March 28; 2021 Member. Pennsylvania association el Naianes This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ��,Q%2 vt� u 1 By: �� u'"e" Teresa Pastella, Notary Public ARTICLE IV— OFFICERS —Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make. execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surely obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney -in -fact under the provisions of this article may be revoked at any time by the Board, the Chairman. the President or by the officer or officers granting such power or authority. ARTICLE XIII — Execution of Contracts — SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surely obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in - fact as may be necessary to act on behalf of the Company te:make, execute, seal, acknowledge and deliver as surely any and all undertakings; bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company s Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. . I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty =Mutual Insurance Company," and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, ahue and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this day of A I V 20 1 By: Renee C. Llewe ss istant Secretary ns cn rn a) N >e c ca UI'—^ �v+ as w c E Lo a Q co Fs mo - Q wm o c • m f � m 0o w N Eco L N t� oa 00 Ur- tn 1— LMS_12873_022017 -20- 217of500 PERFORMANCE BOND ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF CALIFORNIA COUNTY OF SAN DIEGO ) ) ss On this 22nd day of August , 2019 , before me, the undersigned, a Notary Public in and for said County and State, personally appeared known to me to be the person Bart Stewart whose name is subscribed to the within instrument as the attorney -in -fact of the , the corporation named as Surety The Ohio Casualty Insurance Company 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): Erin Elyse IIaugh. Notary Public Notary Public in and for said County and State My Commission expires: fanuary 6, 2022 ERIN ELYSE HAUGH Commission No. 2227679 NOTARY PUBLIC - CALIFORNIA 13 SAN DIEGO COUNTY Commission Expires January 6, 2022 $t -21- Bond No. 024241124 'Premium Included in Performance Bond PAYMENT BOND WHEREAS, the. City Council of the City of National City, by Resolution No. , passed the 3rd day of September, 2019 has awarded DICK MILLER, INC hereinafter designated as the "Principal", the PARADISE CREEK PARK EXPANSION, CIP NO. 18-16. 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 The Ohio CasualtyInsurance Company as surety, are held and firmly bound unto the City Council of the City of National City, hereinafter called the "Council", in the penal suni of Two Million, Three Hundred Thirty Thousand, Eight Hundred Sixty Nine and Seventy Cents ($2,330,869.70) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his/her or its subc retractors„'heirs,:executors, administrators, successors, or assigns, shallfail .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 reasonableattorney'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. -22- 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 Attgust 2019 The Ohio Casualty Insurance Comany Bart Stewart, Attorney -in -Fact Surety (SEAL) Dick v[illcr, Inc. (SEAL) (SEAL) `-""--_ '— L- c.1---i5EAL) (SEAL) t%(.C.) (SO LL b L le__ (SEAL) Principal -23- THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. 8090513 Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the Slate of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Molly Cashman; Bart Stewart all of the city of Encinitas , state of CA each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the'Companies in their own, proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto [his 9th day of May , 2018 The Ohio Casualty Insurance Company Liberty Mutual Insurance Company WestAmerican Insurance Company By: / David M. Carey: Assistant Secretary STATE OF PENNSYLVANIA ss COUNTY OF MONTGOMERY On this 9th day of May , 2018 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Teresa Pastelia, Notary Public Upper Merlon Two., Montgomery County My Commission Expires March 28, 2621 Member. Pannaylvania Assucianan al Wanes This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in hill force and effect reading as follows: ARTICLE IV —OFFICERS — Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surely obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed. such instruments shall be as binding as if signed by the President and attested to by the Secretary -Any power or authority granted to any representative or altorney-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII — Execution of Contracts — SECTION 5. Surety Bonds and Undertakings. My officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe" shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute. seal, acknowledge and deliver as surety any and all undertakings, bonds. recognizances and outer surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seat of the Company. When so executed such instruments shall be as binding as if signed by the president and attestedby the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey Assistant Secretary to appoint such attcrneys-in- (act as may be necessary to act on behalf of the Company to make; execute, seal, acknowledge, and deliver as surely any and all undertakings; bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company Liberty Mutual Insurance. Company,: and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has notbeenrevoked. p at IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 7241h day of A.0 V 20 (-1 . �s% +ram Cr, 1. A `rrC�W� �.r. a t991 By; \! Renee C. Llewe ssistant Secretary nmrarF �'/ By: / w tit t.J Teresa Pastelta, Notary Public nt N a1 N .sa to i0 - O t,N y'W C E 0 0 �o aM ▪ .. O E dal cn• 0 0 .... 0 C > .Q y0 v 4-' i th 00 00 0 0—r LMS 12873 0220t7 -24- 216 of 500 ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF CALIFORNIA COUNTY OF SAN DIEGO ) ) ss On this day 22nd of August , 20 I9 , before me, the undersigned, a Notary Public in and for said County and State, personally appeared known to me to be the person Bart Stewart whose name is subscribed to the within instrument as the attorney -in -fact of the The Ohio Casualty Insurance Company , 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): Erin Elyse 1-laugh, Notary Public (Notary Public in and for said County and State) My Commission expires: January 6, 2022 ATTACH ALL BONDS ERIN ELYSE HAUGH Commission No. 2227679 NOTARY PUBLIC - CALIFORNIA v SAN DIEGO COUNTY CommisswnExpiresJanuaty6,2022 -25- NAstoNAgunnt i sae n6 x,ca City of National City (To be submitted only when there are no employees subject to Workers' Compensation) DECLARATION AND ADDENDUM TO ALL CONTRACTS AWARDED TO: DICK MILLER INC (Company Name) For the purpose of inducing the City of National City to go forward with any contracts awarded to DICK MILLER INC (Company), 1 declare as follows: GLEN BULLOCK (name) , PRESIDENT/OWNER/SECRETARY (title), am authorized to execute this document on behalf of _(company) with respect to compliance with the California Workers' Compensation and. Labor laws. All work required will be performed personally and solely by volunteers of DICK MILLER INC (company), who are independent contractors. If, however, DICK MILLER INC (company) shall ever be required to hire employees or Subcontractors to perform this contract, DICK MILLER INC (company) shall obtain Workers' Compensation Insurance and/or provide proof of Workers' Compensation Insurance coverage to the City of National City. This document constitutes.a declaration by DICK MILLER INC (company) against its financial interest, relative to any claims which may be asserted under the California Workers' Compensation and/or Labor laws against the City of National City relating to any bid or contract awarded DICK MILLER INC (company). DICK MILLER:INC. (company) MI defend, indemnify, and hold harmless the City of National City, its officers and employees, from,any and all claims and liability, including Workers' Compensation claims and liability that may be asserted or established by any party in the event it hires' an employee in violation of this addendum or if a volunteer of the organization makes a claimagainst or alleges liability of the, City of National City for Workers' Compensation, and it will further indemnify the City of National City, its officers and employees, for all damages the City thereby suffers. I agree that these declarations shall constitute an addendum to any bid or contract awarded to: DICK MILLER INC (company). Dated: AUGUST22 ,2019 , (Insert company name iri all caps) By:. - . Ir. i al (Signature ofAuthorized Representative) GLEN BULLOCK- PRESIDENT/OWNER/SECRETARY (Name and Title) -26- mr Apa&eza€M-SS11-4:1 I 108926 • CITY'OF NATIONAL CITY BUSINESSUCENSE CERTIFICATE PURSUANT TO CITY ORDINANCE THIS LICENSEISHERESY GRANTED FOR THE TERM &P,URPOSE STATED. BUS DESCRIPTION ADDRESS ATTN: BUSINESS ADDRESS .90.BOARDWALKSTE, BUSINESS NAME MAILING NON TRANSFERABLE.. -eqo BOARDWALK STg-1-1:. OCK MILLER p\IP SAN MARCOS, CA 9p78-2634 GENERAL cqNTER)30TOFC1Y-C:9401,11411r-atC-:-_ POST IN A CONSPICUOUS PLACE ••• • . thate otExpiration: 12/31/2019 PctiboBAVP. • • • ity Mpnager • •.. • • • smucummantmERATOD OTECIIMANDiREMIEZZSIEIDADVEfl mic I THIS DOCUMENT HAS A TRUE WATERMARK AND VISIBLE FIBERS DISCERNIBLE FROM BOTH SIDES ... . \ ---.. c.r;' - i, - 64756: „.. v, ..,,,,: CITY, of • NATIONAL CITY:. :. ,. BUSINESS LICENSE CERTIFICATE •• .....,• N • - , . • :, „ •-c - PURSUANT TO CITY ORDINANCE THIS UCEN§E,101EREBY GRANTED FOR THE TERIVIeFuRPOSE STATga ti. „ ;--.--• \ tett DviratiOn: IZIM'a1/2019 .fe:il:1S DESCRIPTION ELECTRICAL CONTRACT'. . ,..., tr . :. ,c..c - r, . .7.4.4$ ::.• '' "? fr.A. • • lc' ': 1:.-1 BUSINESS ADDRESS 6061 FAIRMOUN i Avt .74. --•••- 71-; N. , au cici :,•:.•• . -. •• is _ 1.1•T' ,:._ -t• 7: en a . • ' ' } ty.i''• BUSINESS NAME cs :7-ACE ELECTRIC, INC •;',.-• ATTN: ---::. ..,-.4i- ...i...4 ' ..... ,:.. MAILING,-;...- egYBOX 6010tti.!' ..<P4 ADDRESS '',"-:'7t'AN DIEGObtA 92160 1011'City L;:'-• anager • -.• .......• , •,•:..1 NON TRASFERABLE '`I` POST:iN A C 0NSp19001.35: PLACE 40 74, A. ,1.-.:* ' es.:::- „ •.: • .r.- , . ir • :3 tit*: I THIS DOCUMENT IS ALTERATION PROTECTED AND REFLECTS2FLUORESCENT FIBERS UNDER UV LIGHT (Y. • KEEP FOR YOUR RECORDS BUSINESS TAX -RECEIPT License No. 64756 A $50.00 SB1186 $4.00 TOTAL $54.00 National City 95 1243 National City Blvd, 61R 336. 4330 / 67211 08/26r1019 09:02:30.0 0 Validation Receipt Rail CHMK•ftN-23 ti(ARGES 001-00000-3040 & PACIFIC PtAr SYSTE$ 15.00 001-00000-3043 S81186 PACIFIC PLAY SYSTL$ 4.00 Sub -total s 1r 79.00 PAYMENT - Mastercard MC SAI INA TULADHAR Change $ 79.00 $ heart ttsr40.I0 .ICENSE APPLICATION NATION IS INCOMPLETE, ENCLOSE PAYMENT JE CITY OF NATIONAL CITY. OR PRINT tRhtArt )r[ (ONAL CITY 4-6D 4i(tCt_i iROOM/SUITE T10. jD/OR P.O. BOX ROOM/SURE N0. b. +nn,rr.... s+.•• ( AND COMPLETE lF APPLICABLE V NEW BUSINESS IN NATIONAL CITY: BUSINESS WILL OPEN/OPENED ON' LI OWNERSHIP CHANGE: PREVIOUS BUSYNESS NAME: BIYINESS UCENSE • ALL LICENSES EXPIRE DECEMBER 31 RENEWALS ARE DUE BY FEBRUARY 28 atift3l Lity SS THIS STUB WHENVAA OFFICIAL acet P8/26/ 7- sat e Ej Processing Fee/Misc. $ Fire Inspection Fee$_ S81186$ 4.00 TOTAL $ _ J I I() ' 1 6777 C.DESCRIPTTON OF BUSINESS CHECK ONE. A. WHOLESALE B..J RETAIL C/SERVICE D. Ij RENTAL UNITS, • Of UNITS E. LI MANUFACTURING F. OFFICE TOTAL NO. OF BEDS (applicable to lleeh Cate Fatalities): BUILDING SQUARE FOOTAGE (apptkable to commercial addresses): STATE LICENSE f/ HEALTH PERMIT/ ABC •/ DRIVERS LIC • DESCRIBE EAJSINESS FULLY - INCIJJDE PRINCIPAL PROOUCr OR SERVICE L�i;J.kJ SA t.4,,A FACNi- - ? v j Cvt"4 E i 1 LLIG svl STATE RESALE R FEDERAL ID 1/ SOON. SEC. * UMBER of BUSINESS VEHICLES OPERATING IN NATIONAL CITY WITH YOUR COMPANY ADVERTISING (LOGO) ON THEM D. OWNERSHIP INFOKMATion 2. LI PARTNERFIIP CS/CORPORATION CHECK ONE: 1. 0 SINGLE PROPRIETORSHIP UST OWNER/PARTNERS/CORPORATE OFFICERS f MI T1J it A I f10.SrjIIIME I [ tie, .- L�('t, _ If NA"�e �,I/t`j HOME PHONE.s mE PII - Pill-- 3c S A' O 1' / CITY (/t11� STATE / ZIP CODE e b I 0 HOME ADDRESS 349 GCS r_iit e Y ftM4 k Ca k kf L�l MI I T1T1-E U►Sr NAME I FIRST NAME 1 I HOME PI HOME AOER 6 CRY STATE ZIP CODE j LINERSENV INFORMATION � t..NA1L[ �•� FIN e, ...:• OF PRIORITY AND PROXIMITY TO BUSINESS THE PERSON TO BE CONTACTED AT NIGHT IN CASE OF BREAK 1N OR FIRE AliBermudan r�•cvlclob " TE VE-Is: .5 -260; 00 YOU NASA OURGIARALAAMT I.0 NO 2. ; IF YES 3. 0 SILENT 1. 1.1 AUDIBLE MAMEO>`A Atl PHONE •• .1 ♦, iR. - .. .. EIaFu T ' , M T ROG-i MwA6E _ 5 DATE Gs �6of` t BUB • :.. y tr TA,' , y I i. .,•-MI 23 4.0) Scanned by CamScanner -29- National City 95 1243 National City Blvd. 619-336-4330 / 67272 08/26/2019 07:20:45.000 Validation Receipt CHARGES- 001-00000-3040 BL PRIMO ENERGY 001-00000-3043 SB1186 PRIMO ENERGY $ Zeg CHWK-FIN--23 3USINESS LICENSE APPLICATION 20.00 '_TN, CA 91950 ).UIRED INFORMATION IS INCOMPLETE. ENCLOSE PAYMENT 4.00 0AYABLE TO THE CITY OF NATIONAL CITY. PLEASE TYPE OR PRINT ,. GENERAL INFORMATION Sub -total $*********24.00 PAYNENT- Visa - VISA HEYDEN V ZANTHEN Change 24.00 7350 DIr: 1E) .A.) I OCAI. Pt(JSINE_SS PHONE 619-793-5442 1TION IN NATIONAL CITY 4E MAILING ADDRESS AND/OR P.O. BOX STREET NAME Trade Street ROOM/SUITE NO. ROOM/SUITE NO. P.O. BOX NO. CITY San Diego PHONE NUMBER AT ti1AIl ING ADDRESS. INCLUDE AREA CODE 619-793-5442 EMAIL ADDRESS: .hristinia@primoonergy.c.om Rev. 6/2015 STATE ZIP CODE CA 92121 /\pPLICANT cOPY BUS # LIC # N3tion31 Citij 95 ALL UCENSirS EXPIRE 5 ti 3; L'tity Blvd. RENEWALS A!VS Dun Mt g= ,:1�33fi=/ 67272 08/26/2019 07:20:45.000 Peo CH9R-FIN-23 20.0 4.00 BL PRIMO ENERGY $ SB1186 PRIMO ENERGY $ 4i:1IS STUD, WHEN VALIDATED, IS YQU1; OFFICIAL rt' CEXPTi From THE: City of National City BUSINESS LICENSE DIVISION (619) 336-4330 • TAXES $ MISC $ SB1186 $ 4.00 TOTAL $ 4.00 DICKMIL-01 8E1011E1 ACOR O" 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(les) 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). N2jj CT Megan Seitz PxoNE ( 619) .669-8108 249 Mn fllkss. mega n(alc3i nsurance.com PRODUCER License a 0L48969 C3 Risk & Insurance Services 404 Camino Del Rio 5. STE 410 San Diego, CA 92108 INSURED CERTIFICATE OF LIABILITY INSURANCE Dlcktllller, Inc. 930 Boardvialk Suite H & G San Marco's, CA 92078 INC, Nol: 'INSURERISI'AFFORDING COVERAGE INSURER A : Associated Industries Ins. Co., Inc INSURER B :Underwriters at Lloyds of London INsuRERc:Evanston Insurance Co INSURER 0 : INSURER E : INSURER F: DATE (MMIODIYYYYI 8122/2019 NAIL a 23140 15792C 35378 REVISION NUMBER: CERTIFICATE NUMBER:PERIOD COVERAGES THIS IS TO RTIFY INDICATED. WATED. NOTITHST NDING ANY REQUIREMENT, TERMAT THE POLICIES OF INSURANCE STED OR CONIIIT ONBELOWAOF ANY CONTRACT OR OTHER DOCEVE NT WITH RE PECT TOBEEN ISSUED To THE INSURED NAMED ABOVE FOR-THELIWHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLIC ES DESCRIBED HEREIN,ISSUBJECT TO ALL THE TERMS, CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. EXCLUSIONS INSR AND AD SUER POLICY NUMBER POLICY EFF mosoorrrrn POLICY EXP IMMIDOIYYYYI LIMITS 1,000,000 LTR TYPE OF INSURANCE JNSD WVD EACH OCCURRENCE 5 A X COMMERCIAL GENERAL LIABILITY 11/6/2019 pAMAGE TO RENTED 100,000 CIAIMS.MACE X OCCUR X AE8102480608 111512016 PRFMIXE5(Faoaumencej 'MED EXP(AnY one person) $ Excluded 5 ..1,000,000 $ PERSONAL &ADV INJURY' 2,000,000 S GEMLAGOREGATE - LIMIT APPLIES PER GENERAL AGGREGATE PRODUCTS-COMP/CP AGO S 2,000,000 POLICY X Et' LOC LIMIT 5 OTHER: COMBINED SINGLE IFa arcinsnlANY l S AUTOMOBILE LIABILITY BODILYINJURY(Per person) 5 BODILY INJURY(Per actldenll 5 _ OWNED OWNED AUTOS ONLY 1111 AUTOS AUTOS rg d 1RAMAGE. ER DNLY A$7o"d"r�[Q '4,000,000 EACH OCCURRENCE S B X UMBRELLA LIA9 X OCCUR WCISCEL000232501 11/612018 11/612019 AGGREGATE 4,000,000 5 EXCESS LIRE CLAIMS -MADE 5 I X I $ 0 DED RETENTION I STATUTE I I FORS WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ylN EL.' EACH ACCIDENT S ANYANPROPREIETUOERRIPARTNERIEXECUTNE ❑ EXCLUDED? NIA E.L DISEASE- EA EMPLOYEE S (M ndalpry In NNI If yye. deecdbeundar E.L. DISEASE -POLICY LIMIT C D DESCRIPTION01.11-$MIL Ded OPERATIONS POLU-$SMILIOed.$25K MKLV5ENV101307 11/6/2018 111612019 TPL• $2MILIDed $25K. DESCRIPTION General Blanket Re:Job: respects endorsements OF OPERATIONS/ LOCATIONS (VEHICLES (ACORD SOT Additional Remarks Schedule, maybe attached If mo a space Is required) I -lability -and Employers Liability are Underlying Policies on the Umbrella Poicy., forms apply when required by written contractwilh the named Insured. Paradise Creek Park. City -Of National C ty, Its elected officials, officers, agents, employees, and volunteers are named as additional Insureds as to General Liability per forms CG2010 07/04 and CG203707104. Project Aggregate applies per the attached form regarding General Liability. Blanket appiywhen required by written contract with the named Insured. CERTIFICATE'HOLOER City of National City c/o Risk Manager 1243 National City Blvd National City; CA 91950 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ATHE EXPIRATION DATE THEREOF, CCORDANCE WITH THE POLICY PROVISIONS. WILL BE DELIVERED IN AUTHORIZED REPRESENTATIVE c ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ACORD 25 (2016/03) -31- POLICY NUMBER: AES102480608 COMMERCIAL GENERAL LIABILITY CG 2010 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Ali persons or organizations where required by written contract with the Named Insured. . Location(s) Of Covered Operations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured;theperson(s)or orgariization(s) shown in the Sohedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insufed(s) at the locations) desig- nated above. B. With .respect to the insurance afforded to these additional insureds, the:following additional exclu- sions apply: This insurance doe's not apply to"bodily Injury' or "property damage" occurring after: 1. Alt work, including materials, parts or equip- ment furnished,in connection with such work, on the project (other than service; maintenance or repairs) to be performed by or' on behalf of the additional insuied(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged ih performing operations for a principal as'a part of the same project. CG 2010 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 0 -32- POLICY NUMBER: AES102480608 COMMERCIAL GENERAL LIABILITY CG20370704 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations All persons or organizations where written contract with the Named Insured requires additional Insured completed operations. This form does not apply to your work on "residential property". Information required to complete this Schedule, if not shown above, will be shown in, the Declarations... Section II r. .Who. Is An Insured is: amended to Include as an additional_ insured the persons) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property dam- age" caused,in whole or In part, by "your work" at the location designated and described In the sche- dule of this endorsement performed for that addi- tional Insured and ,Included In the "products - completed operations hazard". CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 ❑ -33- POLICY NUMBER: AES102480608 COMMERCIAL GENERAL. LIABILITY NX GL 093 08 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT - AGGREGATE LIMITS OF INSURANCE (PER PROJECT) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Schedule Subject to an Overall Policy Aggregate Limit: $5,000,000 (Information required to complete this Schedule, if not shown above, will be shown in Declarations) A. Paragraphs 2. and 3. of SECTION III — LIMITS OF INSURANCE are replaced by the following: 2. The Overall Policy Aggregate Limit is the most we will pay for the sum of a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products-cotripleted operations hazard'', and c. Damages uhd& Coverage B. 3. The Products -Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products -completed operations hazard" to each of your projectsaway from premises owned by or rented to you. B. The following is added to SECTION III - LIMITS OF INSURANCE: 8. Subject to Paragraph 2. and 3. above, the General Aggregate Limit is the most we will pay under for the sum Coverage A, Coverage B, or Coverage C to each of your projects away from premises owned by or rented to you. NX GL.093 08 09 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 1 of 1 -34- ACORO0 CERTIFICATE OF LIABILITY INSURANCE 2528411 `�. Acpm, MMIOp7( D/Y GATE (E12IMMYYY) ,019 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(les) must 6e endorsed. If SUBROGATION 1S WAIVED, subject to the terms and conditions of the policy, certain Foliates may require an endorsement. A"statement on thls certificate does not confer rightsto the certificate holder In lieu of such endorsement(s). PRODUCER Willie of Greater Kansas CityInc. 00 VJ t 571Zth Sheet, Ste. 100 Overland Park, KS 66211 CONTACT NAME: PHONE 844- 90-4909 (FAX. Not: (An No Fail: E-MAIL' BBSlcerts@locktcnalfinily.mm ADDRESS:' INSUREIt(s)AFFORCING COVERAGE NAICq INSURER A: Ace American Insurance Co. 22667 INSURED Barrett Business Services, Inc. LJC)F DICK MILLER, INC. , 930 BOARDWALK, SUITE H SAN MARCOS, CA 92078 INSURER B: INSURER O: INSURER O: INSURER E: INSURER F: COVERAGES ocn urns, I o lwmocn. - ----- ED ABOVE FOR THE NSURED ITHIS IS TO NDICATED.0 NOTIFY THAT THE POLICIES OF WITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ACE LISTED BELOW HAVE NY CONTRACT OR , ISSUED TO OTHER DOCUMENT WITH RESPECT TOLWHICH ICY PERIOD IHIS CERTIFICATE -MAY, BE ISSUED OR MAY 'PERTAIN, THE INSURANCE. AFFORDED BY THE POLICIES DESCRIBED HEREIN IS .SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONSOF SUCH. POLICIES. LIMITS SHOWN MAY HAVE BEEN.REDUCED BY PAID CLAIMS. INS0. TYPE OF INSURANCE AinSUB0. INSD WVO POLICY NUMBER POLICY EFF IMMIDOf/YW) -POLICY EXP IMMIODIYYYYI LIMITS _ LTR LIABILITY EACH OCCURRENCE. 5 COMMERCIAL GENERAL DAMAGE TO RENTED PREMISES (Ea occurrence) $ CLAIMS -MADE OCCUR . MEDEXP ylilyon° person( S PERSONAL 8ADV INJURY S GENERAL AGGREGATE $ GENT. AGGREGATE LIMITAPPUES PER: PRO- PRO - PRODUCTS - COMP/OP AGO S POLICY ❑ JECT LOC b OTHER: COMBINED SINGLE LIMIT (Ea eccldenll $ AUTOMOBILE — LIABILITY BODILY INJURY (Perparean) S — ANY AUTO NEO — SCHEDULED BODILY.INJURY.(ParacGdeN) Si — AUTOS — NON.0 4ED PROPERTYRDAMAGE 0 $ H HIRED AUTOS — AUTOS $ EA' CH'CCCURRENCEI UMBRELLALIAB _ OCCUR AGGREGATE $ EXCESS LIPS CLAIMS -MADE $ DED RETENTIONS COMPENSATION' x STATUTE OTH- ER WORKERS AND EMPLOYERS' LIABILITY Y/❑N El_ EACH ACCIDENT S 2,000,000 A AFFCERIMEMBER EXCLUOE00 UTNE, NIA X C65202700 10/1/201B 10/1/2019 EL E.L DISEASE• EA EMPLOYEE $ 2.000,000 (MandaRndEn NH) If yes, (MandatoryInand OF OPERATIONS below OF O E.L. DISEASE- POLICY LIMIT S'?,0OQ000 D DESCRIPTION 0050RecaON DESCRIPTION policy Wel RE: 30-Day OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If mo a space Is raqul ed) Slate CA erofSubia9aUankifawr of certificate hNider when required by waken contract AII O perafons -Paradise Creek Pads Noses GICancellation. CERTIFICATE HOLDER city Of National City C/o Risk Manager 1243 National clty Blvd. National City, CA 91950 SHOULD ANY OF THE ABOVE DESCRIBED NOTICSDE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICEEWILL BE DELIVERED ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2014/01) © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD -35- Workers' Compensation and Employers' Liability Policy , Named Insured Barrett Business Services, Inc. L/C/F DICK MILLER, INC. 93Q BOARDWALK, SUITE H SAN MARCOS, CA 92078 Endorsement Number policy Number Symbol: Nuttier: C68202700 Policy Period 10/1/2018 TO 10/1/2019 Effective Date of Endorsement 8/22/2019 Issued By (Name of the Insurance Company) Ace American Insurance Co. _ Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. CALIFORNIA WAIVER OF OUR RIGHT TO RECOVER This endorsement applies only to the insurance provided by 3.A. of the Information Page.. We have the right to recover our payments from anyone liable not enforce our right against the person or organization only with respect, to bodily injury arising out of the operations required by a written contract to obtain this waiver from Us. You must maintain payroll records accurately segregating engaged in the work described in the schedule. Schedule 1. ( ) Specific Waiver Name of person or organization: (X) Blanket Waiver Any person or organization for whom the Named Insured waiver., 2. Operations: 3. Premium: The charge for this endorsement shall be INCLUDED FROM OTHERS ENDORSEMENT the policy because California is shown in Item for an injury covered by this policy. We will named in the Schedule, but this waiver applies described in the Schedule, where you are the remuneration of your employees while has agreed by written contract to furnish this percent of the California premium developed premium on payroll in connection with work performed for the above persori(s) or organization(s) arising out of the operations described. 4.'y1(7144. Minimum Premlum: INCLUDED Authorized Agent WC 99 03 22 -36- Policy Number: Date Entered: 07/24/2019 ACOROJ CERTIFICATE OF LIABILITY INSURANCE `tip, DATE(MLYDIII'/YYV) 7/24/2019 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 COVERAGEAFFORDED 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 polloy(ies) must have. ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of, the galley, certain policies may require an endorsement. A statement on this certificate does not corder rights to the certificate holder In lieu of such andorsement(s). PRODUCER Minks, Insurance Agency 8333 Clairemont Mesa Blvd Ste 202 San Diego, CA 92111 Ngljr!?cTBryan Munke ?NNE.. .Jdd (619)298-9000 I(ac.Noh (888)733-3122 pbogess:bnunke®farmersagent.ucm - INSURER(S)AFFORDING COVERAGE • NATO of INSURER A:Earners Xnaurance'Exchange 21652 INSURED Dick Miller, Inc. 930 Boardwalk Suite H San Marcos, CA 92078 INSURERS; INSURER e: INEURERD: INSURER E: INSURER P i COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS. TO CERTIFY THAT THE POUCIES.:OFIINSURANCE LISTED BELOW. HAVE.. BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDWG ANY REQUIREMENT, TERM OFTCONOITION°OF ANY. CONTRACT OR OTHER DOCUMENT WITH RESPECT. TO WHICH THIS CERTIFICATE MAY BE I8SUED OR I MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBEDHEREIN IS SUBJECT TO ALL THE TERMS,. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY FAIR CLAIMS: INSRAODL I TYPEOFINSUPANCfi WED SUER VWO - - POLICY NUMBER POLICY EFF IMMmmWYY) POLICY ESP (MMNorynnYl LIMBS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE' $ CLAIMS.MADE ❑OCCUR DAMAGE TOED (Ea urmnce) $ MED EXP(Any OmPorean) $ PERSONAL& ARV INJURY $ GGEEINL AGGREGATE POLICY OTHER: LIMIT APPLIES PER: ❑JEGT•❑ LOC GENERAL AGGREGATRE $ PRODUCTS -CCMP/OPAOG $ $ A AUTOMOBILE g _ LIABILITY ANY AUTO. OWNED AUTOS ONLY HIRED AUTOS ONLY _ SCHEDULED AUTOS NON -OWNED AUTOS ONLY x X 606728194 1/25/20191/25/2020 COMBINED SINGLE LIMIT (Fa=Men') $1,000,000 BODLYINJURY(Perpemon) $ BODILYINJURY (Per atdden0 S ' PROPERTY DAMAGE IPer neddene' $ $ UMBRELLA LIRE' EXCESSUAB H OCCUR CLAIMSMADE EACH OCCURRENCE $ AGGREGATE S DED RETENTION S $ WORKERS COMPENSATION ANO EMPLOYERS' LIABILITY ANYPROPRIETOPIPARTNERIEXECUTNE OFFICEPIMEMSER EXCLUDED' (Mandatory la NHJ, II yos. describe under DESCRIPTION OF OPERATIONS below Y/N NIA I STATURE I EH ' EL. EACH ACCIDENT , 5 EL DISEASE. EA EMPLOYEE S EL DISEASE- POLICY MT S DES RIPTION OFOPERATIONS I LOCATIONS/VEHICLES (ACCRD1e1, Addtional Romarba Sohadole, may ha Quashed II more specs h requ(md) RE: All Cpei'atione - Additional Insured: The City of National City, .its elected officials, officers, agents, employees and volunteers. Primary and Non -Contributory and Waiver of Subrogration is included. CERTIFICATEHOLDER CANCELLATION City of National City c/o Risk Manager 124.3 National City Blvd National Dity, CA 91950 SHOULD ANY OF THE MOVE DESCRIBEDPOLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL HE DELIVERED IN. ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Bryan Hunks A © IBOB-2015 ACORD CORPORATION, All rights reserved. ACORD 25 (2016/03) The ACORD Dame and logo are registered marks of ACORD Produced usin0 Forms Boss Plus software. www.FormsBoss.com; Impressive Publishing, LLB BOO-208.197i -37- THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ ITCAREFULLY. Policy! 60672-81-94 3120 FARMERS 1st Edition INSURANCE BUSINESS AUTO EXTENSIONS This endorsement modifies insurance provided underthe following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. A. Section II- LiabilityCoverage is amended as follows: 1. The following is added to Paragraph A,1.. Who Is An Insured: BlanketAdditional Insured Each person or.organization with whom you agree, by virtue of a written contractor agreement, to provide insurance' is an "insured", but only with respect to their legal liability for acts or omissions ofa person for whom Liability Coverage is afforded underthis policy: (1) Provided that the contract or agreement Is signed and executed by you prior to the "bodily injury" or "property damage" loss; and (2) The contract or agreement is In effect during the policy period. B. Section IV -Business Auto Conditions is amended as follows: 1. The following is added to Paragraph A.5. Transfer Of Rights Of RecoveryAgainst Other To Us: Blanket Waiver Of Subrogation We Waive our right of recovery that we may have against a person or organization, but only to the extent thatthis is required,of you by a written contract or agreement that is signed and executed prior to any "accident" or "loss': This waiver applies only to the person or organization designated in such contract or agreement, 2, Thefollowingisadded toParagraph B.5,Other Insurance: Primary And Noncontributory This insurance will be primary and will not seek contribution from any other insurance available to an additional insured urideryour policy provided that: (1) The additional Insured is a Named Insured under such other insurance; (2) You have agreed in Writing in a contractor agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured; (3) This contract or agreement is signed and executed by you prior to when the"bodily injury" or "property damage" occurs; and (4) This written contract oragreement isineffectduringthe policy period. This endorsement Is part of your policy. It supersedes and controls anything to the contrary. It is otherwise subject to all the terms ofthe policy. 93-7120 1ST EDITION 9-15 -Includes copyrighted material of Insurance Services Office. Inc., with its permission. 17120101 PAGE 1 OF 1 -38- RESOLUTION NO. 2019 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, 1) AWARDING A CONTRACT TO DICK MILLER, INC. IN THE AMOUNT OF $2,330,869.70 FOR THE PARADISE CREEK PARK EXPANSION PROJECT, CIP NO. 18-16; 2) AUTHORIZING A 15% CONTINGENCY IN THE AMOUNT OF $349,630.45 FOR ANY UNFORESEEN CHANGES; AND 3) AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT WHEREAS, on May 16, 2017, City Council adopted Resolution No. 2017- 73 authorizing the filing of an application for the Urban Greening Grant Program funds through the California Department of Natural Resources for National City's Paradise Creek Park Project and authorizing the City Manager to execute the grant agreement with California Department of Natural Resources, if selected for grant award; and WHEREAS, in November 2017, staff was notified that National City had been awarded a $1,151,265 Urban Greening Grant for the project which the City Manager subsequently executed in July 2018;. and WHEREAS, in October 16, 2018, City Council adopted Resolution No. 2018-182 awarding a contract for the construction of the Paradise Creek Park Site Rernediation and Improvements Project that will provide the site remediation, grading, and infrastructure improvements necessary to construct the new approximately 4-acre Paradise Creek Park; and WHEREAS, the Paradise Creek Park Expansion Project will develop an approximately 4-acre Community Park with decomposed granite (DG) walking paths, educational and interpretive signage, trees, native vegetation, bioretention areas for storm water treatment, community garden, playground and passive recreational areas, and other amenities on the west side of Paradise Creek between W. 22nd Street and W. 19th Street; and WHEREAS, on June 27, 2019, the bid solicitation was posted on PlanetBids, a free public electronic bidding system for contractors and on July 2, 2019 and July 9, 2019, the bid solicitation was advertised in local newspapers; and WHEREAS, on July 30, 2019, six (6) bids were received electronically on PlanetBids by the 2:00 p.m. deadline with Dick Miller Inc. being theapparent lowest bidder with a total bid amount of $2,330,869.70; and WHEREAS, upon review of all documents submitted, Dick Miller, Inc.'s bid was deemed responsive and lowest responsible bidder qualified to perform the work as described in the projecfspecification with an estimated completion date of May 2020; and WHEREAS, staff recommends awarding a contract to Dick Miller, Inc. in the not to exceed amount of $2,330,869.70 and to authorize a 15% contingency in the amount of $349,630.45 to address any unforeseen conditions that may arise. Resolution 2019 — Page Two NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for the Paradise Creek Park Expansion Project to the lowest responsive, responsible bidder, to wit: ' DICK MILLER, 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 not -to exceed amount of $2,330,869.70 with Dick Miller, Inc. for the Paradise Creek Park Expansion Project. Said contract is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the City Council of the City of National City authorizes a 15% contingency in the amount of up to $349,630.45 for any unforeseen changes. PASSED and ADOPTED this 3rd day;of September, 2019. Alejandra Sotelo-Solis, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney WATER CONSERVATION GARDEN Xeric plantings - Bioretention basin - Decomposed granite paths- 22nd STREET ENTRY Mini plaza - Shared -use path access - creek access gate - bioretention - dog park or play lawn - screen planting - widened sidewalk - to 4WFilson Ave. ©LA HIM u■MfGr■ i •eM•-t*'T•1 tt VISTA - Graphic street xing - Guardrail - L:nk path to 22nd St. - Bike racks - Benches - Shade trees - City sidewalk - and pervious paving HARDING ENTRY Graphic street xing - to amphitheater I kiosko- Stair down to Plaza - Park I.D.monument - 12' WIDE SHARED -USE PATH Alt -weather, moue - emergency I bfcycfe i pedestrian patn with cent aZ stripe Stabilized, decomposed granite - separation from Gabion will Shade structures - Security lighting & cameras - HABITAT RESTORATION AREA -Gabion filter between creek and Park -Expanded tidal creek plantings up o gabion wait PLAZA -Decomposed granite paving -Picnic grove -Tables, benches, trash, recycle, hot coal bins, bike racks -Activity area t✓plant buffer between t and between ng properties PICNIDI PLAY AREA - Mixture of picnic and play equipment - Pervious surfaces - Serpentine concrete seat wall (art opportunity) -Shade sails -Perimeter shade trees -3' high rail fence at path COMMUNITY GARDEN -Decomposed granite paving -Elevated gardens -8' perimeter fence & gate (art opportunity -Storage shed -Composting bins -Shade structure with tables -Greenhouse -Native plant buffer between neighboring properties 18th Street Entry -Driveway connection to park -Removable bollard for access AMPHITHEATER / KIOSKO IMPROVEMENTS -Update canopy with colorful shade fabric for increased visibility and identity -Improve security by trimming native plants to 24" height at park entry -improve access by replacing DG trail with concrete entry path 3.-Add raised concrete kiosko 'thin existing amphitheater concrete score pattern lighting under structure meter steel posts (art rtunity) Paradise Creek Educational Park General Development Plan City of National City, California 19 September 2018 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 DICK MILLER, INC. Paradise Creek Park Expansion Project, CIP No. 18-16 Judith Hernandez (Engineering/Public Works) forwarded a duplicate original Agreement to Dick Miller, Inc.