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HomeMy WebLinkAbout2019 CON Dick Miller - Paradise Creek Water Quality and Community Enhancements, CIP No. 18-11OWNER - CONTRACTOR AGREEMENT PARADISE CREEK WATER QUALITY AND COMMUNITY ENHANCEMENTS, CIP NO. 18-11 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 6th day of August, 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: Contractor: Dick Miller, Inc. Alejandra Sote o-Solis (Owner/Officer signature) Mayor, City of National City APPROVED AS TO FORM: By: Angil P. ,'Cris -Jones City A orney GLEN BULLOCK - PRESIDENT Print name and title (Second officer signature if a corporation) LA - 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) Bid Results for Project Paradise Creek Water Quality and Community Enhancements (CIP No. 18-11) Item No. Description Unit Qty. Dick Miller Inc. Base Bid 1 Mobilization, Bonds, Permits, Cleanup, and Demobilization LS 1 $90,000.00 $90,000.00 2 Storm Water Pollution Prevention Plan LS 1 $14,500.00 $14,500.00 3 Traffic Control Design and Implementation LS 1 $19,500.00 $19,500.00 4 Creek Diversion Plan, Dewatering, Discharge, and Disposal LS 1 $16,551.01 $16,551.01 5 Subsurface Utility Locating and Potholing LS 1 $2,500.00 $2,500.00 6 Above -Grade and Subsurface Utility Relocation LS 1 $1,500.00 $1,500.00 7 Sheet, Shoring, and Bracing LS 1 $45,000.00 $45,000.00 8 Drainage System 1 LS 1 $18,000.00 $18,000.00 9 Drainage System 2 LS 1 $21,000.00 $21,000.00 10 1 /2-ton Riprap Material (Defined by SDRSD D-40) CY 35 $400.00 $14,000.00 1 1 #2 Backing Riprap Material (Defined by SDRSD D-40) CY 98 $200.00 $19,600.00 12 Concrete Headwalls (Unrelated to Drain Systems No. 1-2) (Defined by SDRSD D-34) LS 1 $12,000.00 $12,000.00 13 Emergency Overflow Spillway LS 1 $19,000.00 $19,000.00 14 Diversion Weir Wall LS 1 $14,200.00 $14,200.00 15 Gabion Berm LS 1 $18,500.00 $18,500.00 16 8-inch Manifold and 12-inch Diameter PVC Main (SDR-35) LS 1 $43,000.00 $43,000.00 17 6-inch Diameter Slotted PVC Main (SDR LS 1 $8,900.00 $8,900.00 18 Earthwork, Grading, Removal, and Disposal of Channel Material of Paradise Creek (Station 6+05 to Station 8+75) LF 270 $230.00 $62,100.00 19 Excavation and Export (as required for Biofiltration Detention Basin) LS 1 $385,000.00 $385,000.00 20 Biofiltration Media Section Detail LS 1 $55,000.00 $55,000.00 21 High Performance TurfReinforcing Mat (TRM) SF 17,500 $2.50 $43,750.00 22 Water Quality Interpretative Sign EA 3 $500.00 $1,500.00 23 Landscaping, Planting, and Irrigation LS 1 $67,000.00 $67,000.00 24 Landscaping, Planting, and Irrigation Maintenance Period MONTH 12 $1,500.00 $18,000.00 25 Field Orders Allowance 1 $0.00 $0.00 Total $1,010,101.01 CORPORATE CERTIFICATE I, GLEN BULLOCK 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 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, G 1 _ 1,c certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that Cam, ► 73uLk- , who signed said contract on behalf of the Contractor, was then of said Corporation; that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers. Corporate Seal: PARTNERSHIP CERTIFICATE STATE OF ) COUNTY OF ) ss On this day of , 20 , before me, the undersigned, a Notary Public in and for said County and State, personally appeared: (Notary Seal) known to me to be of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. Signature: Name (Type or Print): (Notary Public in and for said County and State) My Commission expires: Bond No. 024070550 *Premium: $9,310.00 PERFORMANCE BOND WHEREAS, the City Council of the City of National City, by Resolution No. 2019- on the 6th day of August, 2019, has awarded DICK MILLER Inc., hereinafter designated as the "Principal", the PARADISE CREEK WATER QUALITY AND COMMUNITY ENHANCEMENTS, CIP NO. 18-11 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 of National City, hereinafter called the "City", in the penal sum of One Million, Ten Thousand, One Hundred One and 01 Cent ($1,010,101.011 lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the above bounden Principal, his/her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said contract any alteration thereof made as therein provides, on his or their part, to be kept and performed at the time and in the amount therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of National City, its officers, agents, employees, and volunteers as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed herein or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or additions to the terms of the contract or to the work or to the specifications. In the event suit is brought upon this bond by the City and judgment is recovered, the surety shall pay all costs incurred by the City in such suit, including a reasonable attorney's fee to be fixed by the Court. IN WITNESS WHEREOF three identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the 2ith day of J tiy, , 20 19 The Ohio Casualty Insurance C any (SEAL) Dick Miller, Inc. (SEAL) (SEAL) — . i N__.. (SEAL) Bart Stewart, Attorney -in -Fact (SEAL) (SEAL) Surety Principal PERFORMANCE BOND ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF CALIFORNIA ) ) ss COUNTY OF SAN DIEGO On this 2101 day of July , 20 19 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 ERIN ELYSE HAUGH Commission No. 2227679 D NOTARY PUBLIC - CALIFORNIA SAN DIEGO COUNTY Commission Expires January 6, 2022 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. 8090481 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 • etter of credit, aal value guarantees. thereto this 9th day of May , 2018 . Attorney call 30 pm EST on any business day. P\,tv INS(/q p 19i9 n a * x / 1912 � * The Ohio Casualty Insurance Company 1991 ! Liberty Mutual Insurance Company � West American Insurance Company � * By: /4/7 "a 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 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. c�P PRST COMMONWEALTH OF PENNSYLYANIA�Q%�� r C .N 0O 0 — - ,vorkwFQr�! >~ o = QF , 5 v I Notarial Seal I Teresa Pastella, Notary Public I Upper MerionTwp., Montgomery County I My Commission Expires March 28, 2021 /G - A/ v1,// �c.t�ci By _—_._-....._._—._._..__ Teresa Pastella, Notary Public .4 O L O d C 3 !0 Not valid for mortgage, note, currency rate, interest rate o qRY y� 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. Designation The President Company, to the Bylaws the Company, David M. Carey, Assistant Secretary to such attomeys-in- To confirm the validity of this Pc 1-610-832-8240 between 9:00 am Certificate of - of the acting pursuant of authorizes appoint 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 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 1.411n. day of Jt) , 20 11 . �oNr INSUR ...�gNPORAT 9i`m 1919 a/J ��� �, ,,j+Il _�,.,". (////�} j. //�,,y�,,. 1991 6y: 4�1ab 0 & ? 1912 y � �v v y ? Renee C. Llew , Xssistant Secretary 184 of 500 LMS_12873_022017 Bond No. 024070550 *Premium Included In Performance Bond PAYMENT BOND WHEREAS, the City Council of the City of National City, by Resolution No. 2019- , on the 6th day of August, 2019 has awarded Dick Miller, Inc., hereinafter designated as the "Principal", the PARADISE CREEK WATER QUALITY AND COMMUNITY ENHANCEMENTS, CIP NO. 18-11 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 I'he Ohio Casualty Insurance Company as surety, are held and firmly bound unto the City of National City, hereinafter called the "City", in the penal sum of One Million, Ten Thousand, One Hundred One and 01 Cent 1$1,010,101.01I 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 24th day of July , 2019 The Ohio Casualty Insurance pang (SEAL) Dick Miller, Inc. (SEAL) (SEAL) (SEAL) Bart Stewart, Attorney -in -Fact (SEAL) (SEAL) Surety Principal ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF CALIFORNIA ss COUNTY OF SAN DIEGO On this day 2-ith of July , 20 19 , 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: January 6, 2022 ATTACH ALL BONDS ERIN ELYSE HAUGH Commission No. 2227679 NOTARY PUBLIC - CALIFORNIA v SAN DIEGO COUNTY Commission Expires January 6, 2022 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, 8090482 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 m and 4:30 pm EST on any business day. �C'4INsti P 00.CVj)�2(, 1919 0 MAMP�- lea r * a„'' J;i,pFYQ^F,ui R •7912 9J ��sxi Nlr�� 'T2 x y,NSUp F ,we„n> v�^ r 1991 a r '+LIAS+P t The Ohio Casualty Insurance Company Liberty Mutual Insurance Company West jmerican Insurance Company l By: se/� 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 5p PASST Q, `"N,oNwf4�{ �+ v OF \\\\ qc�,,� ,a�a 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 f asteila, Nota Public l Upper Mohan Two., Montgomery County i My Commission Expires March 28,2021 so to do, execute the foregoing instrument for the purposes on the day and year first above written. �/ �„) Lt1/1L) By: !t'�� t'C- Teresa Pastella, Notary Public Not valid for mortgage, note currency rate, interest rate -7;4.�P� q s _,,p 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. The President Company, to the Bylaws the David M. Carey, Assistant Secretary to To confirm the validity of this P Certificate of Designation — of the acting pursuant of Company, authorizes 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 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 2.44'I\ day of �j 20 ‘ al L0 INS(/ JP��'yro44,-�-9 �. Z� 1919 1NSu JPo NFOrq q-1, ��• aY-' 'F' (� > r ,NsuR, i o.PORq �� �C •ice ' r t 1991 _ (//yJ f�//�, By: Oge4. •" ' �4 p a o rlrhA MGS� `fib 1912 x. i J �.: sfi:{USt� ���� - t N ,,,,,,,ANI, t. Renee C. Llew , ssistant Secretary 185 of 500 LMS_12873_022017 O Policy Number: Date Entered: 07/24/2019 ,-„:".„..._, ERTIFICATE OF LIABILITY INSURANCE DATE(MMJDDJYYYY) 7/24/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. HOLDER, THIS BY THE POLICIES AUTHORIZED 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 CONTNAME: Bryan Nunke (NC NoExtl (619)298-9000 FAX (888)733-3122 (A/C No): E-MAIL ADDRESS: bnunke®farmersagent. com INSURER(S) AFFORDING COVERAGE NAIC # NSURERA:Farmers Insurance Exchange 21652 INSURED Dick Miller, Inc. 930 Boardwalk Suite H San Marcos, CA 92078 CnUFRAr.FC ........... INSURER B: INSURER C : INSURERD: INSURER E : INSURER F: THIS INDICATED. CERTIFICATE EXCLUSIONS INSR ------ ------.._....-.- IikVISIVN IVUMtibH: IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTA TYPE OF INSURANCE ADOL SUER WVD POLICY NUMBER POLICY EPF (MMIDIVYYYY) POLICY EXP1NSD (MM/DD/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 LIMIT APPLIES PRO- PER; GENERAL AGGREGATE $ P POLICY JECT LOC PRODUCTS - COMP/OPAGG S OTHER: $ A AUTOMOBILE LIABILITY ANY AUTO X COMBINED SINGLE LIMIT (Ea accident) $1 000 000 OWNED SCHEDULED X 606728194 1/25/2019 1/25/2020 BODILY INJURY (Per person) $ AUTOS ONLY HIRED A AUTOS NON -OWNED BODILY INJURY (Per accident) $ AUTOS ONLY A AUTOS ONLY PROPERTY DAMAGE (Per accident) $ $ UMBRELLA LIAB EXCESS _ OCCUR EACH OCCURRENCE $ LIAB CLAIMS -MADE AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/N PER STATUTE OTH- ER ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N / A E.L. EACH ACCIDENT $ (Mandatory in NH) - If yes, describe under E.L. DISEASE - EA EMPLOYEE $ D DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached H 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. 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 (N ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Bryan Nunke ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Produced using Forms Boss Plus software. www.FormsBoss.com; impressive Publishing, LLC 8C0.208-1977 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy: 60672-81-94 APA FARMERS INSURANCE BUSINESS AUTO EXTENSIONS J7120 1st Edition 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 - 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 omissionsofa 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" foss; 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 Aga inst 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 DICKMIL-01 SEIMEI A��R0 CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 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 License # OL48969 C3 Risk & Insurance Services 404 Camino Del Rio S. STE 410 San Die o, CA 92108 9 CONTACT Megan Seitz NAME: PHONE FAX (A/c, No, Ext): (619) 669-8108 249 (A/C, No): E-MAIL mean c3insurance.com ADDRESS: g 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: INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE 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 LTRINSD TYPE OF INSURANCE ADDL SUBR AND POLICY NUMBER POLICY EFF (MM/DD/YYYYI POLICY EXP (MM(DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY X AES102480608 11/6/2018 11/6/2019 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR DAMAGE TO RPREMISES (Ea occurrence)ENTED $ 100,000 MED EXP (Any one person) $ Excluded PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE X LIMIT APPLIES JE a PER: LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 $ AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS NON S ONLY COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ (Per acEcidentDAMAGE $ $ 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 PER STATUTE OTH- ER E.L. EACH ACCIDENT $ El. 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) 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 Water Improvements. 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 07104. 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 1.: 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 CG20100704 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): All 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 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 ❑ POLICY NUMBER: AES102480608 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 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". CG20370704 © ISO Properties, Inc., 2004 Page 1 of 1 ❑ 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 ACC)RL?® �� CERTIFICATE OF LIABILITY INSURANCE Acct/t: 2526411 DATE (MM/DD/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 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 Willis of Greater Kansas City Inc. 5700 W 112th Street, Ste. 100 Overland Park, KS 66211 CONTACT PHONE FAX (A/C. No. Ertl: 290 4908 (AJC. Not: ADDRESS: BBSIcerts@locktonaffinity.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Ace American Insurance Co. 22667 INSURED Barrett Business Services, Inc. L/C/F 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 INRn SUBR Awn POLICY NUMBER POLICY EFF (MM/DD/YYYY► POLICY EXP (MM/DD/YYYYI 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 LIMIT APPLIES E OT- PER: LOC GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $ AUTOMOBILE _ LIABILITY ANY AUTO ALL OWNED AUTOS _ _ SCHEDULED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERT DAMAGE accident) $ $ UMBRELLA UAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N /A X C65202700 10/1/2018 10/1/2019 X PER STATUTE OTH- ER E.L. EACH ACCIDENT $ 2,000,000 E.L. DISEASE - EA EMPLOYEE $ 2,000,000 E.L. DISEASE - POLICY LIMIT $ 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Policy State = CA Waiver of Subrogation in favor of certificate holder when required by written contract RE: All Operations. Paradise Creek Water Improvements 30-Day Notice of Cancellation 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 ACORD 25 (2014/01) © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Workers' Compensation and Employers' Liability Policy Named Insured Barrett Business Services, Inc. L/C/F DICK MILLER, INC. 930 BOARDWALK, SUITE H SAN MARCOS, CA 92078 Endorsement Number Policy Number Symbol: Number: C65202700 Policy Period 10/1/2018 TO 10/1/2019 Effective Date of Endorsement 7/24/2019 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 FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because California is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule, where you are required by a written contract to obtain this waiver from us. You must maintain payroll records accurately segregating the remuneration of your employees while 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 has agreed by written contract to fumish this waiver. 2. Operations: 3. Premium: The premium charge for this endorsement shall be INCLUDED percent of the California premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Minimum Premium: INCLUDED rf,tw�y� Ll Authorized Agent WC 99 03 22 THIS DOCUMENT HAS A TRUE WATERMARK AND VISIBLE FIBERS DISCERNIBLE FROM BOTH SIDES 108926 CITY OF NATIONAL CITY BUSINESS LICENSE CERTIFICATE PURSUANT TO CITY ORDINANCE THIS LICENSE IS HEREBY GRANTED FOR THE TERM & PURPOSE STATED BUS DESCRIPTION ` GENERAL CONTRACTOR NA -Date of Expiration: 12/31/2019 +ram ltet� r.l BUSINESS ADDRESS 930 BOARDWALK STEM i lON1L. IMV BUSINESS NAME DICK MILLER INC `NGORPORATEp ATTN: MAILING 930 BOARDWALK STE H ADDRESS SAN MARCOS, CA 920.78-2634 NON TRANSFERABLE POST IN A CONSPICUOUS PLACE City Manager THIS DOCUMENT IS ALTERATION PROTECTED AND REFLECTS FLUORESCENT FIBERS UNDER UV LIGHT RESOLUTION NO. 2019 — 114 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, 1) AWARDING A CONTRACT TO DICK MILLER INC. IN THE NOT -TO -EXCEED AMOUNT OF $1,010,101.01 FOR THE PARADISE CREEK WATER QUALITY AND COMMUNITY ENHANCEMENTS PROJECT, CIP NO. 18-11; 2) AUTHORIZING A 15% CONTINGENCY IN THE AMOUNT OF $151,515.16 FOR ANY UNFORESEEN CHANGES; AND 3) AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT WHEREAS, the "Paradise Creek Water Quality and Community Enhancements" project, CIP 18-11, is the first implementation phase that will provide immediate benefit to the creek and the community; and WHEREAS, the project is situated on the north side of Paradise Creek at Plaza Boulevard and Paradise Valley Road; and WHEREAS, the first phase of the project will convey storm water flows collected from Paradise Creek to a biofiltration detention basin for treatment which includes the installation of slope stability and erosion control measures surrounding the biofiltration basin that will include native trees, shrubs, mulch, drought tolerant landscaping to reduce the sediment pollutant loads from entering the biofiltration basin during and after a storm event, and construct an access road for Public Works' staff in order to provide regular maintenance of the creek; and WHEREAS, on June 18, 2019, the bid solicitation was posted on PlanetBids, a free public electronic bidding system for contractors. On June 21, 2019 and June 28, 2019, the bid solicitation was advertised in local newspapers; and WHEREAS, on July 9, 2019, six (6) bids were received electronically on PlanetBids by the 2:00 p.rn. deadline with Dick Miller Inc. being the apparent lowest bidder with a total bid amount of $1,010,101.01; 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 Summer 2020; and WHEREAS, staff recommends awarding a contract to Dick Miller, Inc. in the not to exceed amount of $1,010,101.01 and to authorize a 15% contingency in the amount of $151,515.16 to address any unforeseen conditions that may arise. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for the Paradise Creek Water Quality and Community Enhancements project to the lowest responsive, responsible bidder, to wit: DICK MILLER, INC. Resolution 2019 — 114 Page Two BE IT FURTHER RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute on behalf of the City a contract in the amount of $1,010,101.01 with Dick Miller, Inc. for the Paradise Creek Water Quality and Community Enhancements 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 $151,515.16 for any unforeseen changes. PASSED and ADOPTED this 6th day of August, 20 9. ; ,fr Alejandra Sotelo-Solis,"ayor ATTES rly Michael R. Dap, City Clerk APPROVED AS TO FORM: o is -Jones ttorney Passed and adopted by the Council of the City of National City, California, on August 6, 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. 2019-114 of the City of National City, California, passed and adopted by the Council of said City on August 6, 2019. City Clerk of the City of National City, California By: CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 6, 2019 AGENDA ITEM NO. 16 EM TITLE: Resolution of the City Council of the City of National City, 1) awarding a contract to Dick Miller Inc. in the not -to - exceed amount of $1,010,101.01 for the Paradise Creek Water Quality and Community Enhancements Project, CIP No. 18-11; 2) authorizing a 15% contingency in the amount of $151,515.16 for any unforeseen changes; and 3) authorizing the Mayor to execute the contract. PREPARED BY: Luca Zappiello, Assistant Engineer - Civil DEPARTMENT: Engineering/Public Works a APPROVED BY: PHONE: 619-336-4360 EXPLANATION: See attached. FINANCIAL STATEMENT: :.COUNT NO. APPROVED: APPROVED: Finance MIS Contract Award Prop 84 Grant (Paradise Creek Biofiltration Project) - $1,010,101.01 (296-409-500-598-6193; 296-06193-3463) 15% Contingency Prop 84 Grant (Paradise Creek Biofiltration Project) - $149,813.99 (296-409-500-598-6193; 296-06193-3463) Local Grant Match - $1,701.17 (001-409-500-598-7049): funds currently appropriated for drainage improvements ENVIRONMENTAL REVIEW: CEQA documentation has been certified and filed with County Recorder's Office ORDINANCE: INTRODUCTION: r FINAL ADOPTION: Li STAFF RECOMMENDATION: Adopt Resolution awarding a contract to Dick Miller Inc. in the not -to -exceed amount of $1,010,101.01 for the Paradise Creek Water Quality and Community Enhancements Project, CIP No. 18-11. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation w/ Exhibit 2. Bid Opening Summary 3. Three Lowest Bidders Summary 4. Owner -Contract Agreement 5. Resolution /& 5d/S» '11t). 0-61( -//`i EXPLANATION The "Paradise Creek Water Quality and Community Enhancements" project, CIP 18-11, is the first implementation phase that will provide immediate benefit to the creek and the community. The project is situated on the north side of Paradise Creek at Plaza Boulevard and Paradise Valley Road. The first phase of the project will convey storm water flows collected from Paradise Creek to a biofiltration detention basin for treatment. This phase of the project includes the installation of slope stability and erosion control measures surrounding the biofiltration basin that will include native trees, shrubs, mulch, and drought tolerant landscaping to reduce the sediment pollutant loads from entering the biofiltration basin during and after a storm event. This first phase of the project will also construct an access road for Public Works' staff in order to provide regular maintenance of the creek. The Engineering Department is researching grant opportunities in order to implement future phases of this project. On June 18, 2019, the bid solicitation was posted on PlanetBids, a free public electronic bidding system for contractors. On June 21, 2019 and June 28, 2019, the bid solicitation was advertised in local newspapers. On July 9, 2019, six (6) bids were received electronically on PlanetBids by the 2:00 p.m. deadline. The list of bid opening summary is attached. Dick Miller Inc. was apparent lowest bidder with a total bid amount of $1,010,101.01. 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. Staff recommends awarding a contract to Dick Miller, Inc. in the not to exceed amount of $1,010,101.01 and to authorize a 15% contingency in the amount of $151,515.16 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 by Summer 2020. Updates will be provided on the City's CIP website at: nationalcityprojects.com. -1- Legend Streams ---••- Storm Drain Sytem Project Area Biofiltration Forebay Landscape Emergency overflow via spillway First Implementation Phase utflow via underdrain or catch basin (overflow). Connects to storm drain downstream. Future Implementation Phases Diversion from creek (limit to smaller flow rates) -r4 Tires (NNAzi . �k rti. r,, I ^1 trJl I• ra( ©mm ink Paradise Creek Biofiltration Project Drainage Area rWhile shown as a stream in the GIS layer, the conveyance through this area to the junction with the branch from the north is a culvert. IP 'se'it ,fit % f • 4i U277.,1c•1ii-)Ck3lY�trcupi R _ E Aiib'i-1 0?-�,1180A, ti30, ;11r.:41%;:. 7. % ,/ * CALIFORNIA'* NATIONAL CITY (INCORPORATED BID OPENING SUMMARY NAME: PARADISE CREEK WATER QUALITY AND COMMUNITY ENHANCEMENTS PROJECT CIP NO: 18-11 DATE: Tuesday, July 9, 2019 TIME: 2:00 P.M. ESTIMATE: $1,323,000.00 PROJECT ENGINEER: Roberto Yano, P.E. NO. BIDDER'S NAME BID AMOUNT ADDENDA #1 BID SECURITY D 1 Dick Miller, Inc. 930 Boardwalk, Suite G San Marcos, CA 92078 $1,010,101.01 Yes Bond 2. Southland Paving 361 N. Hale Avenue Escondido, CA 92029 $1,208,650.00 Yes Bond 3. Blue Pacific Engineering & Construction 7330 Opportunity Road, Suite J San Diego, CA 92111 $1,248,280.00 Yes Bond 4. Tri Group Construction 9580 Black Mountain Road, Suite L San Diego, CA 92126 $1,319,950.00 Yes Bond 5. Whillock Contracting, Inc P.O Box 2322 La Mesa, CA 91943 $1,431,333.00 Yes Bond 6. LB Civil Construction, Inc. 324 E. Valley Pkwy Escondido, CA 92025 $1,496,101.00 Yes Bond -3- Bid Results for Project Paradise Creek Water Quality and Community Enhancements (CIP No. 18-11) Item No. Description Unit Qty. Dick Miller Inc. Southland Paving Blue Pacific Engineering & Construction Base Bid 1 Mobilization, Bonds, Permits, Cleanup, and Demobilization LS 1 $90,000.00 $90,000.00 $106,000.00 $106,000.00 $100,000.00 $100,000.00 2 Storm Water Pollution Prevention Plan LS 1 $14,500.00 $14,500.00 $6,600.00 $6,600.00 $45,000.00 $45,000.00 3 Traffic Control Design and Implementation LS 1 $19,500.00 $19,500.00 $5,500.00 $5,500.00 $25,000.00 $25,000.00 4 Creek Diversion Plan, Dewatering, Discharge, and Disposal LS 1 $16,551.01 $16,551.01 $8,300.00 $8,300.00 $4,000.00 $4,000.00 5 Subsurface Utility Locating and Potholing LS 1 $2,500.00 $2,500.00 $13,200.00 $13,200.00 $30,000.00 $30,000.00 6 Above -Grade and Subsurface Utility Relocation LS 1 $1,500.00 $1,500.00 $8,800.00 $8,800.00 $20,000.00 $20,000.00 7 Sheet, Shoring, and Bracing LS 1 $45,000.00 $45,000.00 $5,500.00 $5,500.00 $20,000.00 $20,000.00 8 Drainage System 1 LS 1 $18,000.00 $18,000.00 $19,000.00 $19,000.00 $100,000.00 $100,000.00 9 Drainage System 2 LS 1 $21,000.00 $21,000.00 $16,500.00 $16,500.00 $80,000.00 $80,000.00 10 1/2-ton Riprap Material (Defined by SDRSD D-40) CY 35 $400.00 $14,000.00 $200.00 $7,000.00 $300.00 $10,500.00 11 #2 Backing Riprap Material (Defined by SDRSD D-40) CY 98 $200.00 $19,600.00 $200.00 $19,600.00 $300.00 $29,400.00 12 Concrete Headwalls (Unrelated to Drain Systems No. 1-2) (Defined by SDRSD D- 34) LS 1 $12,000.00 $12,000.00 $5,000.00 $5,000.00 $20,000.00 $20,000.00 13 Emergency Overflow Spillway LS 1 $19,000.00 $19,000.00 $42,000.00 $42,000.00 $50,000.00 $50,000.00 14 Diversion Weir Wall LS 1 $14,200.00 $14,200.00 $8,500.00 $8,500.00 $50,000.00 $50,000.00 15 Gabion Berm LS 1 $18,500.00 $18,500.00 $15,400.00 $15,400.00 $35,000.00 $35,000.00 16 8-inch Manifold and 12-inch Diameter PVC Main (SDR-35) LS 1 $43,000.00 $43,000.00 $67,000.00 $67,000.00 $30,000.00 $30,000.00 17 6-inch Diameter Slotted PVC Main (SDR-35) LS 1 $8,900.00 $8,900.00 $30,000.00 $30,000.00 $35,000.00 $35,000.00 18 Earthwork, Grading, Removal, and Disposal of Channel Material of Paradise Creek (Station 6+05 to Station 8+75) LF 270 $230.00 $62,100.00 $185.00 $49,950.00 $180.00 $48,600.00 -4- Bid Results for Project Paradise Creek Water Quality and Community Enhancements (CIP No. 18-11) Item No. Description Unit Qty. Dick Miller Inc. Southland Paving Blue Pacific Engineering & Construction Base Bid 19 Excavation and Export (as required for Biofiltration Detention Basin) LS 1 $385,000.0 0 $385,000.00 $220,000.00 $220,000.00 $180.00 $180.00 20 Biofiltration Media Section Detail LS 1 $55,000.00 $55,000.00 $103,500.00 $103,500.00 $160,000.00 $160,000.00 21 High -Performance Turf Reinforcing Mat (TRM) SF 17, 500 $2.50 $43,750.00 $4.00 $70,000.00 $10.00 $175,000.00 22 Water Quality Interpretative Sign EA 3 $500.00 $1,500.00 $1,100.00 $3,300.00 $1,500.00 $4,500.00 23 Landscaping, Planting, and Irrigation LS 1 $67,000.00 $67,000.00 $349,000.00 $349,000.00 $140,000.00 $140,000.00 24 Landscaping, Planting, and Irrigation Maintenance Period MO NTH 12 $1,500.00 $18,000.00 $2,000.00 $24,000.00 $3,000.00 $36,000.00 25 Field Orders Allowance 1 $0.00 $0.00 $5,000.00 $5,000.00 $100.00 $100.00 Total $1,010,101.01 $1,208,650.00 $1,248,280.00 -5- OWNER - CONTRACTOR AGREEMENT PARADISE CREEK WATER QUALITY AND COMMUNITY ENHANCEMENTS, CIP NO. 18-11 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 6th day of August, 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 compensatio n, terms; conditions or privileges of employment because of such person's race, religious status, sex or age. 5. AUTHORIZED OWNER REPRESENTATIVES -6- 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 -7- 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) -8- 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 GLEN BULLOCK- PRESIDENT Print name and title (Second officer signature if a corporation) By: f , ,�—ti, � . R u,, S 2 Angil P. Morris -Jones Print name and title City Attorney APPROVED AS TO FORM: 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 -9- 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 (Green book) 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. -10- Bid Results for Project Paradise Creek Water Quality and Community Enhancements (CIP No. 18-11) Item No. Description Unit Qty. Dick Miller Inc. Base Bid 1 Mobilization, Bonds, Permits, Cleanup, and Demobilization LS 1 $90,000.00 $90,000.00 2 Storm Water Pollution Prevention Plan LS 1 $14,500.00 $14,500.00 3 Traffic Control Design and Implementation LS 1 $19,500.00 $19,500.00 4 Creek Diversion Plan, Dewatering, Discharge, and Disposal LS 1 $16,551.01 $16,551.01 5 Subsurface Utility Locating and Potholing LS 1 $2,500.00 $2,500.00 6 Above -Grade and Subsurface Utility Relocation LS 1 $1,500.00 $1,500.00 7 Sheet, Shoring, and Bracing LS 1 $45,000.00 $45,000.00 8 Drainage System 1 LS 1 $18,000.00 $18,000.00 9 Drainage System 2 LS 1 $21,000.00 $21,000.00 10 1/2-ton Riprap Material (Defined by SDRSD D-40) CY 35 $400.00 _ $14,000.00 1 1 #2 Backing Riprap Material (Defined by SDRSD D-40) CY 98 $200.00 $19,600.00 12 Concrete Headwalls (Unrelated to Drain Systems No. 1-2) (Defined by SDRSD D-34) LS 1 $12,000.00 $12,000.00 13 Emergency Overflow Spillway LS 1 $19,000.00 $19,000.00 14 Diversion Weir Wall LS 1 $14,200.00 $14,200.00 15 Gabion Berm LS 1 $18,500.00 $18,500.00 16 8-inch Manifold and 12-inch Diameter PVC Main (SDR-35) I 1 $43 000:00 _ $43,000.00 17 6-inch Diameter Slotted PVC Main (SDR- LS 1 $8,900.00 $8,900.00 18 Earthwork, Grading, Removal, and Disposal of Channel Material of Paradise Creek (Station 6+05 to Station 8+75) LF 270 $230.00 $62,100.00 19 Excavation and Export (as required for Biofiltration Detention Basin) LS 1 $385,000.00 $385,000.00 20 Biofiltration Media Section Detail LS 1 $55,000.00 $55,000.00 21 High -Performance TurfReinforcing Mat (TM) SF 17,500 $2.50 $43,750.00 22 Water Quality Interpretative Sign EA 3 $500.00 $1,500.00 23 Landscaping, Planting, and Irrigation LS 1 $67,000.00 $67,000.00 24 Landscaping, Planting, and Irrigation Mnintennnce Period MONTH 12 $1,500.00 $18,000.00 25 Field Orders Allowance 1 $0.00 $0.00 Total $1,010,101.01 -12- CORPORATE CERTIFICATE I, GLEN BULLOCK 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 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. 'CT. Lc certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that , who signed said contract on behalf of the Contractor, was then 'K 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: -13- PARTNERSHIP CERTIFICATE STATE OF ss COUNTY OF On this day of , 20 , before me, the undersigned, a Notary Public in and for said County and State, personally appeared: (Notary Seal) known to me to be of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. Signature: Name (Type or Print): (Notary Public in and for said County and State) My Commission expires: -14- Bond No. 024070550 *Premium: $9,310.00 PERFORMANCE BOND WHEREAS, the City Council of the City of National City, by Resolution No. 2019- on the 6th day of August, 2019, has awarded DICK MILLER Inc., hereinafter designated as the "Principal", the PARADISE CREEK WATER QUALITY AND COMMUNITY ENHANCEMENTS, CIP NO. 18-11 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 of National City, hereinafter called the "City", in the penal sum of One Million, Ten Thousand, One Hundred One and 01 Cent ($1,010,101.01) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the above bounden Principal, his/her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said contract any alteration thereof made as therein provides, on his or their part, to be kept and performed at the time and in the amount therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of National City, its officers, agents, employees, and volunteers as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. Hna the saic surety, ror 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 -15- change, extension of time, alteration or additions to the terms of the contract or to the work or to the specifications. In the event suit is brought upon this bond by the City and judgment is recovered, the surety shall pay all costs incurred by the City in such suit, including a reasonable attorney's fee to be fixed by the Court. IN WITNESS WHEREOF three identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the 24th day of July , 2019 The Ohio Casualty Insurance Co any (SEAL) Dick Miller, Inc. (SEAL) (SEAL) (SEAL) (SEAL) Bart Stewart, Attorney -in -Fact (SEAL) Surety Principal -16- PERFORMANCE BOND ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO On this 24th day of July ) ss , 20 19 , 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 Ohm 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. Signatuce Name (Type or Print): Erin Elyse Haugh, Notary Public Notary Public in and for said County and State My Commission expires: January 6, 2022 ERIN ELYSE HAUGH Commission No. 2227679 D NOTARY PUBLIC - CALIFORNIA SAN DIEGO COUNTY Commission Expires January 6, 2022 -17- 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. 8090481 Lrbe rtyMptual Insurance Company The Ohio Casualty Insurance Company- West American tnsurance Company _ f 4 .J �f ✓ �..�� ..,." - - - `/' /` /�`.f Tom% ^ %' . ----- Ef OF ATTORNEY •- ^—!' KNOWN ALL PERSONS BY THESE PRESENTS That The Ohio Casualty Insurance Coarpany 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 orMaSsBchusetts, and \Nest American Insurance Company is a corporation "duly organized under the laws of the State of Indiana (herein collectively called the "Companies"f pursuantag te dby authority herein set forth, does hereby name, constitute and appoint, Molly Cashman; Bart Stewart' _ , all of the_city of Encinitas " y stale of CA S:~ -- aclt.indiYt uaily if theraelnaeittaftone named, its ,rue and rawkiF tterney:_iMact to make .exe f aeknowte e= and deltt~rer fg and on its behalf as suye an4 ttt-atot � r7f �¢ aBy and all upder#�Ittag� 6ortd5;r�ogntzances and o8ter surety obhgatiortt„irEpuraT7aneirotUL�.,.c�1,70-4-0-s be as biAdf ij o the Companies as if they haysb�et� duf .stg by thepres derXt ar attested byttielecretartof the;,ompanies in their MVP pe fetsons u-'� IN WITNESS jO lk,EO is -Fewer of Attomeyhas.0e jgbiGn�b i'hy r(' �fittop7,efEoffceft EAE die GQtinpatyes end the orporat ..Seats�4f ni r t :. ve b n . theretari 9t df INay = 2Dtr ✓ '� ✓ ;.:•� ^� Bond No. 024070550 "Premium Included In Performance Bond PAYMENT BOND WHEREAS, the City Council of the City of National City, by Resolution No. 2019- on the 6th day of August, 2019 has awarded Dick Miller, Inc., hereinafter designated as the "Principal", the PARADISE CREEK WATER QUALITY AND COMMUNITY ENHANCEMENTS, CIP NO. 18-11 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 of National City, hereinafter called the "City", in the penal sum of One Million, Ten Thousand, One Hundred One and 01 Cent 01,010,101.011 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. -19- 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 24th day of July , 2019 The Ohio Casualty Insuranceorapany (SEAL) (SEAL) Bart Stewart, Attorney -in -Fact (SEAL) Surety Dick ��filler, Inc. Principal (SEAL) (SEAL) (SEAL) -20- ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF CALIFORNIA ) ss COUNTY OF SAN DIEGO On this day 24th of July , 20 19 , 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. Name (Type or Print): Erin Elyse Haugh, Notary Public (Notary Public in and for said County and State) My Commission expires: January6, 2022 ATTACH ALL BONDS ERIN ELYSE HAUGH Commission No. 2227679 D NOTARY PUBLIC - CALIFORNIA SAN DIEGO COUNTY biyo° Commission Expires January 6, 2022 -21- 'THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. - Thi>rPower of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner airidt0 the extent herein stated. LibBRY Mutual Insurance Com an _ p Y i� ,- The Ohio Casualty Insurance, Company West American Insuro ce Company "� ^POWER OF ATTORNEY KN WN ALL -PERSONS BY THESE PRESENTS That The Ohio Casu'ahy%tnsurance 6gnt@; rty is a icorpration duly organized under he:'taws o-Vfhe'Staf-orkew: m , re; that Liberty Mutual Insurance Company is a. corporation duly organized=uncle tik laws of 1fie;State oJ;;<rifassachusetts, and West Amer can eur3nceEompany rs s-prporatiom duly organized under the laws of the State of Indiana (herein collectively catted tfie "Companies) prtrs`dant to and authority herein set forth s-herebr me constitute and appoint, Molly -Cashman- Bart Stewart :.� the -city of=Enqinitas" state of CA aelia'niMdually if there be more tharr one name is Utle'and lawftifattorney 1n"factto make, _execute; seal, acknowledge aeltve1fot�and onfts•-behalf as surety. andas its acf a[r deed a6y:and all undertakings bonds.,.t ntzanc id other sure obligations inpursiu i a of these present and shall be as biadu't uporEthe Companies as if they have bee[td lyESig tied 4y th4rpresident an, t'PO 4h„iWi qt0.CQtrant ali� p�+np erp' g ^ ,- vcA IM 1ITNESStNHEREOF this Pow oPAttorneyThas�ee u6s—Odd. an:a j liy onze 8ifietn £r ofte`f(x"ftegomQapipTaf the�-corpora sear o� Co antesgue'gen of Ixed' thereto this 9th dayaof May 20• &� ✓ :_::. f . .: -.=c�SU- F—. .✓---.,.�.�.-. =�W.-r---- s�"'•`J. f`f�' �^,em�sT`-',34taalty Intl -dale otfi anyoo rJ.. ,r•f.� r;-%-Ab lftibal InsuranceCompa_ �"Insurance Compaq•- � ,f��,„-- Policy Number: CERTIFICATE OF LIABILITY INSURANCE 1 Date Entered: 07/24/2019 DATE (MM/DD/YYYY) 7/24/2019 II 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 po(icy(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 CONTACT NAME: Bryan Nunke Nunke Insurance Agency 8333 Clairemont Mesa Blvd Ste 202 San Diego, CA 92111 INSURED Dick Miller, Inc. 930 Boardwalk Suite H San Marcos, CA 92078 COVERAGES PHONE (619)298-9000 IFAX (888)733-3122 (A(C No. Eat).A/C, No): E-MAILODSS: bnunke@farmersagent.com INSURER(S) AFFORDING COVERAGE INSURER A : Farmers insurance Exchange INSURER B INSURER C: NAIC 21652 INSURER D : INSURER E INSURER F: CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED 70 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 SUER LTR WVD TYPE OF INSURANCE COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR GEN'L AGGREGATE OMIT APPLIES PER: POLICY JECOT• LOC OTHER: AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY UMBRELLA LIAR EXCESS LIAB SCHEDULED AUTOS NON -OWNED AUTOS ONLY ADOL INSD X X POLICY NUMBER 606728194 POLICY EFF (MM/OD/YYYY) POLICY EXP (MM/DD/VYYY) 1/25/2019 1/25/2020 LIMITS EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY GENERAL AGGREGATE $ $ PRODUCTS - COMP/OP AGG COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) s $ $1,000,000 BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) DED I l RETENTION $ OCCUR CLAIMS -MADE WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below YIN NIA EACH OCCURRENCE $ $ AGGREGATE $ ( STATUTE I 1 ER E.L EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE EL. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS/ LOCATIONS/VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached 11 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 ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and Pogo are registered marks of ACORD Produced using Forms Boss Plus software. www.FormsBoss.com; Impressive Publishing, LLC _23_ 8-1977 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy: 60672-81-94 FARMERS INSURANC E BUSINESS AUTO EXTENSIONS .7120 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 11- 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 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 pol icy. 93-7120 1ST EDITION 9-15 Includes copyrighted material of Insurance Services Office, Inc., with its permission./7120101 PAGE 1 OF 1 -24- DICKMIL-01 A T L CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY).�. I7/24/2019 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 License # OL48969 C3 Risk & Insurance Services 404 Camino Del Rio S. STE 410 San Diego, CA 92108 Megan Seitz NAME: PHONE (A/C, No, Ext): (619) 669-8108 249 I (ac, No): E-MALRESS: megan@c3insurance.com ADDc3insurance.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 INSURERC: INSURER D : INSURER E : INSURER F : ____ ___ _____- .__.-.__... ,sLv,ou ,. ,vurvroCf: 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 INSR SUBR WVO POLICY NUMBER POLICY EFF (MM/DD/YYYYL(MM/DDyYYY)_ POLICY EX? LIMITS A X COMMERCIAL GENERAL LIABILITY EACH 1,000,000 CLAIMS -MADE X OCCUR X AES102480608 11/6/2018 11/6/2019 OCCURRENCE pREMSE3 $ 100,000 EaocwErDence) MED EXP (Any $ Excluded one person) PERSONAL & ADV INJURY 4 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ $ 2,000,000 P POLICY X J JECf LOC PRODUCTS - COMP/OP AGG 2 000,000 $ , OTHER: AUTOMOBILE LIABILITY (Ee accrden SINGLE LIMIT $ A ANY AUTO OWNED SCHEDULED BODILY INJURY (Per person) $ A AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ A AH RED TOS ONLY NON -OWNED AUTOS ONLY PROPERTY DAMAGE (Per accident) $ B X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 4,000,000 EXCESS LIAB Ir CLAIMS -MADE WCISCEL000232501 11/6/2018 11/6/2019 AGGREGATE 4,000,000 DED X RETENT ON $ 0 $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N PER STATUTE OTH- ER - ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? 'N /A E.L. EACH ACCIDENT $ (Mandatory in NH) If describe under E.L. DISEASE - EA EMPLOYEE $ yes, DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ - DESCRIPTION OF OPERATIONS / LOCATIONS / 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 Water Improvements. 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 City of National City c/o Risk Manager 1243 National City Blvd National City, CA 91950 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD -25- 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): All 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 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. CG20100704 © ISO Properties, Inc., 2004 Page 1 of 1 0 -26- POLICY NUMBER: AES102480608 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 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 -27- 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 -28- ACORif CERTIFICATE OF LIABILITY INSURANCE �. �✓ Acct#: 2526411 DATE(MM/DD/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 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 Willis of Greater Kansas City Inc. 5700 W 112th Street, Ste. 100 Overland Park, KS 66211 CONTACT PHONE FAX (A/C No Ext1' 844-29t) a9o8 (A/C, No): - ADDRIESS: BBSIcerts@locktonaffinity.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Ace American Insurance CO. 22667 INSURED Barrett Business Services, Inc. L/C/F DICK MILLER, INC. 930 BOARDWALK, SUITE H SAN MARCOS, CA 92078 INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : ERA ES CERTIFICATE NUMBER: • THIS IS TO CERTIFY THAT THE 'OLICIES 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 JNSD SUBR MD POLICY NUMBER POLICY EFF POLICY EXP LIMITS COMMERCIAL GENERAL LIABILITY -3MM/DD/YYYY)JMMIDD/YYYY)_ EACH OCCURRENCE $ CLAIMS -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 $ $ AUTOMOBILE LIABILITY — _ _ SCHEDULED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT L (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY(Per accident)$ PROPERTY DAMAGE (Per accident) $ $ UMBRELLA LIAB EXCESS LIAB I OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N/A X C65202700 10/1/2018 10/1/2019 X PER STATUTE OTH- ER E.L. EACH ACCIDENT $ 2,000,000 E.L. DISEASE - EA EMPLOYEE $ 2,000,000 E.L. DISEASE - POLICY LIMIT $ 2.000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) Policy State = CA Waiver of Subrogation in favor of certificate holder when required by written contract RE: All Operations. Paradise Creek Water Improvements 30-Day Notice of Cancellation CERTIFICATE HOLDER City Of National City C/o Risk Manager 1243 National City Blvd National City, CA 91950 CANCELLATION 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 /S L ACORD 25 (2014/01) © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD -29- Workers' Compensation and Employers' Liability Policy Named Insured Barrett Business Services, Inc. L/C/F DICK MILLER, INC. 930 BOARDWALK, SUITE H SAN MARCOS, CA 92078 Endorsement Number Policy Number Symbol: Number: C65202700 Policy Period 10/1/2018 TO 10/1/2019 Effective Date of Endorsement 7/24/2019 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 FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because California is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule, where you are required by a written contract to obtain this waiver from us. You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. Schedule 1 / \ C..eA..if..1AI-.h,...- • Name of person or organization: (x) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to fumish this waiver. 2. Operations: 3. Premium: The premium charge for this endorsement shall be INCLUDED percent of the California premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Minimum Premium: INCLUDED Authorized Agent WC 99 03 22 -30- RESOLUTION NO. 2019 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, 1) AWARDING A CONTRACT TO DICK MILLER INC. IN THE NOT -TO -EXCEED AMOUNT OF $1,010,101.01 FOR THE PARADISE CREEK WATER QUALITY AND COMMUNITY ENHANCEMENTS PROJECT, CIP NO. 18-11; 2) AUTHORIZING A 15% CONTINGENCY IN THE AMOUNT OF $151,515.16 FOR ANY UNFORESEEN CHANGES; AND 3) AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT WHEREAS, the "Paradise Creek Water Quality and Community Enhancements" project, CIP 18-11, is the first implementation phase that will provide immediate benefit to the creek and the community; and WHEREAS, the project is situated on the north side of Paradise Creek at Plaza Boulevard and Paradise Valley Road; and WHEREAS, the first phase of the project will convey storm water flows collected from Paradise Creek to a biofiltration detention basin for treatment which includes the installation of slope stability and erosion control measures surrounding the biofiltration basin that will include native trees, shrubs, mulch, drought tolerant landscaping to reduce the sediment pollutant loads from entering the biofiltration basin during and after a storm event, and construct an access road for Public Works' staff in order to provide regular maintenance of the creek; and WHEREAS, on June 18, 2019, the bid solicitation was posted on PlanetBids, a free public electronic bidding system for contractors. On June 21, 2019 and June 28, 2019, the bid solicitation was advertised in local newspapers; and WHEREAS, on July 9, 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 $1,010,101.01; 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 Summer 2020; and WHEREAS, staff recommends awarding a contract to Dick Miller, Inc. in the not to exceed amount of $1,010,101.01 and to authorize a 15% contingency in the amount of $151,515.16 to address any unforeseen conditions that may arise. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for the Paradise Creek Water Quality and Community Enhancements project to the lowest responsive, responsible bidder, to wit: DICK MILLER, INC. Resolution 2019 — Page Two BE IT FURTHER RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute on behalf of the City a contract in the amount of $1,010,101.01 with Dick Miller, Inc. for the Paradise Creek Water Quality and Community Enhancements 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 $151,515.16 for any unforeseen changes. PASSED and ADOPTED this 6th day of August, 2019. Alejandra Sotelo-Solis, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950-4397 619-336-4228 Michael R. Dalla, CMC - City Clerk DICK MILLER, INC. Paradise Creek Water Quality and Community Enhancements Project, CIP No. 18-11 Judith Hernandez (Engineering/Public Works) forwarded a duplicate original Agreement to Dick Miller, Inc.