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HomeMy WebLinkAbout2020 CON Baker Electric - Citywide Safety Lighting Enhancements - CIP NO. 19-15L1s614 I* OWNER - CONTRACTOR AGREEMENT CITYWIDE SAFETY LIGHTING ENHANCEMENTS PROJECT, CIP NO. 19-15 This Owner -Contractor Agreement ("Agreement") is made by and between the City of National City, 1243 National City Boulevard National City, California 91950 and Baker Electric ("Contractor"), 1298 Pacific Oaks Place, Escondido, CA 92029, on the 20th day of October, 2020, 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. S. MAINTENANCE OF AGREEMENT DOCUMENTATION Contractor shall maintain all books, documents, papers, employee time sheets, accounting records and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by Owner and copies thereof shall be furnished to Owner if requested. 9. INDEPENDENT CONTRACTOR At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee, agent, partner or joint venturer of the Owner. Owner shall have the right to control Contractor insofar as the results of Contractor's services rendered pursuant to this Agreement; however, Owner shall not have the right to control the means by which Contractor accomplishes such services. 10. LICENSES AND PERMITS Contractor represents and declares to Owner that it has all licenses, permits, qualifications and approvals of whatever nature which are legally required to practice its profession. Contractor represents and warrants to Owner that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any licenses, permits, qualifications or approvals which are legally required for Contractor to practice its profession. 11. GOVERNING LAW, VENUE This Agreement and the Contract Documents shall be construed under and in accordance with the laws of the State of California, and the appropriate venue for any action or proceeding arising from this Agreement and/or the Contract Documents shall be had in the Superior Court of San Diego, Central Branch. 12. COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall for all purposes be deemed to be an original. 13. FALSE CLAIMS Contractor acknowledges that if a false claim is submitted to the Owner, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the Owner seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys' fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. I have read and understood all of the provisions of this Section 15, above: (Initial) (Initial) 14. AGREEMENT MODIFICATION This Agreement and the Contract Documents may not be modified orally or in any manner other than by an amendment in writing and signed by the Owner and the Contractor. IN WITNESS WHEREOF this Agreement is executed as of the date first written above. Owner: Alejandra Sotelo-Solis Mayor, City of National City APPROVED AS TO FORM: By: Angil P. M•.r's-Jones City Attfrey Contractor: Baker Electric (Owner/Officer signature) Ted N. Baker, President Print name and title (Second officer signature if a corporation) Print name and title lw /' l'� 0 FL, 09001640 Contractor's City Business License No. 161756 C 10/C46/B/C7/A State Contractor's License No. and Class 1298 Pacific Oaks Place Business street address Escondido, CA 92029 City, State and Zip Code CORPORATE CERTIFICATE 1, Ted N. Baker certify that l am the Secretary of the Corporation named as Contractor in the foregoing Contract; that Brian Miliate , who signed said contract on behalf of the Contractor, was then Chief Financial Officer 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, Ted N. Baker certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that Justen Decker , who signed said contract on behalf of the Contractor, was then Vice President of said Corporation; that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers. Corporate Sear/ �'�- Issued in Triplicate Bond #9331872 Premium: $685.00 Subject to Adjustment Based on Final Contract Price PERFORMANCE BOND WHEREAS, the City Council of the City of National City, by Resolution No. 2020- on the 20th day of October, 2020, has awarded Baker Electric, hereinafter designated as the "Principal", the CITYWIDE SAFETY LIGHTING ENHANCEMENTS PROJECT, CIP NO. 19-15. *, Inc. 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 Fidelity and Deposit Company of Maryland as surety, are held and firmly bound unto the City of National City, hereinafter called the "City", in the penal sum of Seventy Thousand, Seven Hundred Fifty Seven ($70,757.00} lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the above bounden Principal, his/her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said contract any alteration thereof made as therein provides, on his or their part, to be kept and performed at the time and in the amount therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of National City, its officers, agents, employees, and volunteers as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed herein or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or additions to the terms of the contract or to the work or to the specifications. In the event suit is brought upon this bond by the City and judgment is recovered, the surety shall pay all costs incurred by the City in such suit, including a reasonable attorney's fee to be fixed by the Court. IN WITNESS WHEREOF three identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the 7th day of October • Fidelity and Deposit Company of Maryland Lawrence F. McMahon, Attorney -in -Fact Surety ,20 20 (SEAL) Baker Electric, Inc.. (SEAL) / / (SEAL) "d — / `�/ (SEAL) � (SEAL) Ted N. Baker, President (SEAL) Principal CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Civil Code § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. STATE OF CALIFORNIA County of San Diego On OCT 07 2020 Date personally appeared before me, } Rachel A. Mullen Insert Name of Notary exactly as it appears on the official seal Lawrence F. McMahon , Notary Public, Name(s) of Slgner(s) RACHEL A MULLEN at Notary Public - California d San Diego County Commission # 2181212 My Cornet. Expires Jan Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand fficial seal. Signature 4 4% 14. Signature o Notary Public Rachel A. Mullen OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Number of Pages: ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact LI Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Surety Company RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D. Murray, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint, Lawrence F. McMahon, Maria Guise, Sarah Myers, Ryan E. Warnock and Rachel A. Mullen, all of San Diego, California, EACH, its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, MaryIand., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 20th day of September, A.D. 2019. ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Robert D. Murray Vice President �Gr t rrytr 4 vz,„t _._ By: Dawn E. Brown Secretary State of Maryland County of Baltimore On this 20th day of September, A.D. 2019, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Robert D. Murray, Vice President and Dawn E. Brown, Secretary of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Constance A. Dunn, Notary Public My Commission Expires: July 9, 2023 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attorneys -in -Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney -in -fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and 1 do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the loth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mecbanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this day of OCT 0 7 2020 Brian M. Hodges, Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 www.reportsfelaimszurichna.com 800-626-4577 CALIF OiRIALt. ALL-PUiRIPOSE .ACKNOWLE G'V1IINT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of 5a..,Y1 egO On Il7"5 "0bo 0 before me, Dan `Sim i �(� �b1ae, Date J� f Here Insert Name and Title of the 'officer personally appeared 1 c4L ``�' got. kg-i- Name(s) of Signer(s) who proved to me or the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to nie that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ,ti DANA RASMUSSEN fr Notary Public - California 4 San Diego County e Commission N 2325320 My Comm. Expires Apr 22, 2024 Place Notary Seal Above WITNESS my hand and official seal. Signature OPTJOh Signature of Notary Public Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. O scrilption el Mached Docursain3 Title or Type of Document: Document Date: Number of Pages; Signer(s) Other Than Named Above: Cepacstf(ies) .Cita:med Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — 0 Limited 0 General ❑ individual 0 Attorney in Fact Q Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: Signer's Name: 0 Corporate Officer — Title(s): ❑ Partner — ❑ Limited 0 General Ci individual 0 Attorney in Fact a Trustee 0 Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association • www.NationalNotary,org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Issued in Triplicate Bond #9331872 Premium Included in Performance Bond PAYMENT BOND WHEREAS, the City Council of the City of National City, by Resolution No. 2020- on the 20th day of October, 2020, has awarded Baker Electric, hereinafter designated as the "Principal", the CITYWIDE SAFETY LIGHTING ENHANCEMENTS PROJECT, CIP NO. 19-15. ' , Inc. 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 Fidelity and Deposit Company of Maryland as surety, are held and firmly bound unto the City of National City, hereinafter called the "City", in the penal sum of Seventy Thousand, Seven Hundred Fifty Seven ($70,757.001 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 7th day of October , 20 20 Fidelity and Deposit Company of Maryland (SEAL) (SEAL) (SEAL) Lawrence F. McMahon, Attorney -in -Fact Baker Electric, Inc. (SEAL) (SEAL) Ted N. Baker, President Surety Principal (SEAL) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Civil Code § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. STATE OF CALIFORNIA County of San Diego On OCT 0 7 2020 before me, Date . } Rachel A. Mullen Insert Name of Notary exactly as it appears on the official seal personally appeared Lawrence F. McMahon Name(a) of Slgner(s) , Notary Public, �7 RACHFL A. MULLEN Notary Public - California San Diego County re My Commission # 21812,2 9a- Ccmn i. Expires Jar;lov 2021 . Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand ji official seal. Signature OPTIONAL keitd a. i1LL—L Signature of Notary Public Rachel A. Mullen Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee Cl Guardian or Conservator ❑ Other: Signer is Representing: Surety Company RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s): ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D. Murray, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint, Lawrence F. McMahon, Maria Guise, Sarah Myers, Ryan E. Warnock and Rachel A. Mullen, all of San Diego, California, EACH, its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 20th day of September, A.D. 2019. ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY -OF MARYLAND By: Robert D. Murray Vice President By: Dawn E. Brown Secretary State of Maryland County of Baltimore On this 20th day of September, A.D. 2019, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Robert D. Murray, Vice President and Dawn E. Brown, Secretary of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Constance A. Dunn, Notary Public My Commission Expires: July 9, 2023 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attorneys -in -Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney -in -fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attomey...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the loth day of May, 1990. RESOLVED: That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this day of O C T 0 7 2020 f H"'12' Brian M. Hodges, Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO: Zurich Surcty Claims 1299 Zurich Way Schaumburg, IL 60196-1056 www.reportsfclaims@zurichna.com 800-626-4577 CALUFONNIIA ALL-PURPOSE ACKNOWLEDGMENT CiVI1. CODE § 1189 �' rf A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California n, ) County of 5a-vi viejo ) On I t - 0 Y070o20 before me, D iii. R(1,5 1l.4,5Zil) Akhrq Rub 11e, Date Here Insert Name and Title of theafficer personally appeared Ted AI tS-et.. P-. - Name(s) cf Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to rrie that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. DANA RASMUSSEN Notary Public - California San Diego County Commission W 2325320 My Comm. Expires Apr 22, 2024 Place Notary Seal Above WITNESS my hand and official seal. Signature OPTIONAL Signature of Notary Public Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an Unintended document. Descriiplion o7 Attached Document Title or Type of Document: Document Date: Number of Pages: _ Signer(s) Other Than Named Above: Cepackf(ies) ,ClaVnecd by Signerfs) Signer's Name: ❑ Corporate Officer — Title(s): 0 Partner — 0 Limited 0 General ❑ Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer is Representing: Signer's Name: 0 Corporate Officer — Tit[e(s): ❑ Partner — ❑ Limited 0 General ❑ Individual 0 Attorney in Fact ❑ Trustee 0 Guardian or Conservator El Other: Signer Is Representing: . - . - - . - , ... ., - _ -• - - .ram•' _�"; - . . �'.'�. = ."=C,'!:,. .. �" ;�" 7-777! ©2014 National Notary Association www,NationalNotary.org 1-800-US NOTARY (1-800-876-6827) Item #5907 • , r r= t, - , ,-- • - nt#: 5847 AKERELECT ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER Marsh & McLennan Agency LLC Marsh & McLennan Ins. Agency LLC PO Box 85638 San Diego, CA 92186 CONTACT NAME; PHONE FAX (AIC, No, Ext): (A/C, No): E-MAILDSS; constructioncerts@marshmma.com INSURER(S) AFFORDING COVERAGE . NAIC # INSURERA: Old Republic Insurance Company 24147 INSURED Baker Electric, Inc. NB Baker Electric, Inc. 1298 Pacific Oaks Place Escondido, CA 92029 INSURER B ; Lexington Insurance Company 19437 INSURER c :Admiral Insurance Company 24856 INSURER D : Mercer Insurance Company 14478 INSURER E : INSURERF: 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. LTR TYPE OF INSURANCE NSR W VD POLICY NUMBER POLICY EFF D/ (MMIDYYYY) POLICY EXP (MMIDD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY X X MWZY31255420 03/01/2020 03/01/2021 EACH OCCURRENCE $1,000,000 CLAIMS -MADE X OCCUR PREMISES (EO a RENTED $ 500,000 MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES X JECOT PER: LOC GENERAL AGGREGATE $2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 $ A AUTOMOBILE X X LIABILITY ANY AUTO OWNED X SCHEDULED AUTOS NON -OWNED AUTOS ONLY X X MWTB31255320 03/01/2020 03/01/2021 COMaccident)BINED SINGLE LIMIT (Ea $1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ B X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE 016123226 03/01/2020 03/01/2021 EACH OCCURRENCE $10,000,000 $10,000,000 AGGREGATE DED X RETENTION $10000 $ A 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 N / A X MWC31255520 03/01/2020 03/01/2021 X STATUTE EORH E.L. EACH ACCIDENT $1,000,000 $1,000,000 E.L. DISEASE - EA EMPLOYEE E.L. DISEASE -POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS! LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is' required) ** Excess Liability Information ** C BEX0960355101 Eff Date: 03/01/2020 Exp Date: 03/01/2021 Excess Liability Each Occ Limit: $10,000,000 Excess Liability Aggregate Limit: $10,000,000 (See Attached Descriptions) , CERTIFICATE HOLDER CANCELLATION City of National City 1243 National City Blvd National City, CA 91950-4301 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) 1 of 2 #S6539279/M4790773 © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD WSGCL DESCRIPTIONS (Continued from Page 1 D 27307565'Eff Date: 03/01/2020 Exp Date: 03/01/2021 Excess Liability Each Occ Limit: $5,000,000 Excess Liability Aggregate Limit: $5,000,000 Re: Citywide Safety Lighting Enhancements Proejcts, CIP No. 19-15. City of National City and its elected officials, officers, employees, agents, representatives, consultants, contract employees and volunteers are included as Additional Insureds on primary and non-contributory basis, per project aggregate applies, waiver of subrogation applies.Umbrella/Excess Liability follow form for General Liability and Business Auto. SAGITTA 25.3 (2016/03) 2 of 2 #S6539279/M4790773 INSURED: Baker Electric, Inc. POLICY #: MWTB31255320 POLICY PERIOD: 03/01/2020 TO: 03/01/2021 COMMERCIAL AUTO CA04441013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Baker Electric, Inc. Endorsement Effective Date: 03/01/2020 SCHEDULE Name(s) Of Person(s) Or Organization(s): All persons or organizations as required by written contract or agreement. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. CA 04 4410 13 ( © Insurance Services Office, Inc., 2011 Page 1 of 1 INSURED: Baker Electric, Inc. POLICY #: MWTB31255320 POLICY PERIOD: 03/01/2020 TO: 03/01/2021 COMMERCIAL AUTO CA20481013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Baker Electric, Inc. Endorsement Effective Date: 03/01/2020 SCHEDULE Name Of Person(s) Or Organization(s): All persons or organizations as required by written contract or agreement. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. CA20481013 © Insurance Services Office, Inc., 2011 Page 1 of 1 INSURED: Baker Electric, Inc. POLICY #: MWZY31255420 POLICY PERIOD: 03/01/2020 TO: 03/01/2021 COMMERCIAL GENERAL LIABILITY CG 20 01 1219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primaryto 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; and (2) You have agreed in writing in a contract or agreement that this insurance would be primaryand would not seek contribution from any other insurance available to the additional insured. CG 20 01 12 19 ©Insurance Services Office, Inc., 2018 Page 1 of 1 INSURED: Baker Electric, Inc. POLICY #: MWZY31255420 POLICY PERIOD: 03/01/2020 TO: 03/01/2021 COMMERCIAL GENERAL LIABILITY CG 20 10 12 19 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 when required by written contract or agreement Location(s) Of Covered Operations All Locations 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) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment 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 intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG20101219 © Insurance Services Office, Inc., 2018 Page 1 of 2 C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. Page 2 of 2 © Insurance Services Office, Inc., 2018 CG 20 10 12 19 INSURED: Baker Electric, Inc. POLICY #: MWZY31255420 POLICY PERIOD: 03/01/2020 TO: 03/01/2021 COMMERCIAL GENERAL LIABILITY CG 20 37 12 19 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 PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations All persons or organizations when required by written contract or agreement All completed 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" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or. 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits.of insurance. CG20371219 © Insurance Services Office, Inc., 2018 Page 1 of 1 INSURED: Baker Electric, Inc. POLICY #: MWZY31255420 POLICY PERIOD: 03/01/2020 TO: 03/01/2021 COMMERCIAL GENERAL LIABILITY CG 24531219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SU='ROGATION) AUTOMATIC This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery against any person or organization, because of any payment we make under this Coverage Part, to whom the insured has waived its right of recovery in a written contract or agreement. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person or organization prior to loss. 1 CG 24 53 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 INSURED: Baker Electric, Inc. POLICY #: MWZY31255420 POLICY PERIOD: 03/01/2020 TO: 03/01/2021 COMMERCIAL GENERAL LIABILITY CG25030509 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Project(s): The project(s) as specified in the written contracts or agreements. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. For all sums which the insured becomes legally obligated to pay as damages caused by "occur- rences" under Section I — Coverage A, and for all medical expenses caused by accidents under Section I — Coverage C, which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. A separate Designated Construction Project General Aggregate Limit applies to each des- ignated construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, ex- cept damages because of "bodily injury" or "property damage" included in the "products - completed operations hazard", and for medi- cal expenses under Coverage C regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated Con- struction Project General Aggregate Limit for that designated construction project. Such payments shall not reduce the General Ag- gregate Limit shown in the Declarations nor shall they reduce any other Designated Con- struction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Decla- rations, such limits will be subject to the appli- cable Designated Construction Project Gen- eral Aggregate Limit. CG 25 03 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 2 B. For all sums which the insured becomes legally obligated to pay as damages caused by "occur- rences" under Section I — Coverage A, and for all medical expenses caused by accidents under Section I — Coverage C, which cannot be at- tributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products -completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Desig- nated Construction Project General Aggre- gate Limit. C. When coverage for liability arising out of the "products -completed operations hazard" is pro- vided, any payments for damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard" will reduce the Products -completed Operations Ag- gregate Limit, and not reduce the General Ag- gregate Limit nor the Designated Construction Project General Aggregate Limit. D. If the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contract- ing parties deviate from plans, blueprints, de- signs, specifications or timetables, the project will still be deemed to be the same construction pro- ject. E. The provisions of Section III — Limits Of Insur ance not otherwise modified by this endorsement shall continue to apply as stipulated. Page 2 of 2 © Insurance Services Office, Inc., 2008 CG 25 03 05 09 INSURED: Baker Electric, Inc. POLICY #: MWC31255520 POLICY PERIOD: 03/01/2020 TO: 03/01/2021 WC 04 03 06 (Ed. 04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain thisagreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 0 % of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE PERSON OR ORGANIZATION JOB DESCRIPTION AS REQUIRED BY WRITTEN CONTRACT TO THE EXTENT ALLOWABLE BY LAW. ©1998 by the Workers' Compensation Insurance Rating Bureau of California. All rights reserved. From the WCIRB's California Workers' Compensation Insurance Forms Manual © 1999. INSURED: Baker Electric, Inc. POLICY #: MWTB31255320 POLICY PERIOD: 03/01/2020 TO: 03/01/2021 11.10 (12106) OLD REPUBLIC INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, ADDITIONAL INSUREDIDESIGNATED :`INSURED AMENDMENT - PRIMARY AND NON-CONTRIBUTORY This endorsement modifies insurance provided underthe fallowing: BUSINESS AUTO COVERAGE FORM SCHEDULE Designated Person(s) or Organization(s): All personsor organizations where required by written contract. WHO 1S AN INSURED '(SECTION II) is`amended .to include"the persons) -or organization(s) shown in the above Schedule, but only.. with respect to "accidents" arising ,out of Work being, performed for such person(s) or organization(s). As respects 'any person(s) or°organization(s) shown in the above Schedule 'With whore you have agreed in a written contract to provide primary insurance,on a' anon -contributory basis, this insurance Will be primaryto and non-contributing with any other insurance' available to such person(s).or organizations(s). PCA 04810 13 Page 1 of 1 RESOLUTION NO. 2020 - 196 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, 1) AWARDING A CONTRACT TO BAKER ELECTRIC IN THE AMOUNT OF $70,757 FOR THE CITYWIDE SAFETY LIGHTING ENHANCEMENTS PROJECT, CIP NO. 19- 15; 2) AUTHORIZING A 15% CONTINGENCY IN THE AMOUNT OF $10,61.4 FOR ANY UNFORESEEN CHANGES; AND 3) AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT WHEREAS, on November ,3, 2015, the California Department of Transportation ("Caltrans")awarded the City of National City ("City") a $175,200 Highway Safety Improvement Program ("HSIP") grant for the Citywide Pedestrian Safety Improvements Project; and WHEREAS, City Staff identified this project through a needs assessment of the existing safety lighting throughout the City's roadway; and WHEREAS, City Staff conducted a safety evaluation of the project locations utilizing the most recent five years of crash data; and WHEREAS, from January 1, 2009 to December 31, 2013 there have been 65 collisions within the influence area of the project signalized locations; and WHEREAS, on January 27, 2020, Caltrans authorized the City to proceed with the construction phase in the amount of $175,200 with a $1,850 local match requirement, which is available through prior City Council local TransNet appropriations for Fiscal Year 2020 Traffic Signal Upgrades CIP; and WHEREAS, with construction bids coming in well under budget, City Staff will coordinate with Caltrans to utilize the available grant funds to cover the City's match as the project is eligible for 100% reimbursement; and WHEREAS, the local match for this project was only intended to cover the costs in excess of the grant funds, however, if the City's request is not approved, City Staff will satisfy the match requirement by paying for the construction management services; and WHEREAS, project proposes to install new LED safety light fixtures at 32 signalized intersections along the following corridors, and as shown in the attached exhibits: • 8th Street • 18th Street • 30th Street/Sweetwater Road • Bay Marina Drive/Mile of Cars Way/24th Street • Division Street • Euclid Avenue • _Plaza Boulevard/Paradise Valley Road • Tidelands Avenue & 19th St • Palm Avenue & 16th Street WHEREAS, on August 25, 2020, the bid solicitation was posted on PlanetBids, a free public electronic bidding system for contractors and on September 1, 2020 and September 3, 2020, the bid solicitation was advertised in local newspapers; and Resolution No. 2020 —196 Page Two WHEREAS, On September 16, 2020, five (5) bids were received by the 2:00 p.m. deadline for the Citywide Safety Lighting Enhancements Project, CIP No. 19-15; and WHEREAS, Baker Electric, was the lowest responsive bidder qualified to perform the work as described in the project specifications with a total bid amount of $70,757; and WHEREAS, a 15% contingency amount up to $10,614 for any unforeseen changes to the Project is requested. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards Citywide Safety Lighting Enhancements Project, CIP No. 19-15, to the lowest responsive, responsible bidder, to wit: BAKER ELECTRIC 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 $70,757 with Baker Electric for the Citywide Safety Lighting Enhancements Project, CIP No. 19-15. Said contract is on file in the office of the City Clerk. ,BE IT FURTHER RESOLVED that the City Council authorizes a 1'5% contingency in the amount of up to $10,614 for any unforeseen changes. PASSED and ADOPTED this 20th day of October, •1 'WO r ArdiAlifA Alejandr: Sote :Solis, ayor ATTEST: Michael R. Dalla, y.Clerk APPROVED AS TO FORM: o- ri -J• nes, City Attorney,. Passed and adopted by the Council of the City of National City, California, on October 20, 2020 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 BY: Mayor of the City of National City, California MICHAEL R. DALLA City Clerk of the City of National City, California Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2020-196 of the City of National City, California, passed and adopted by the Council of said City on October 20, 2020. City Clerk of the City of ational City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA ei2n !�1- (AO COUNCIL AGENDA STATEMENT MEETING October 20, 2020 AGENDA ITEM 14 EM TITLE: Resolution of the City Council of the City of National City, 1) awarding a contract to Baker Electric in the amount of $70,757 for the Citywide Safety Lighting Enhancements Project, GIP No. 19-15; 2) authorizing a 15% contingency in the amount of $10,614 for any unforeseen changes; and 3) authorizing the Mayor to execute the contract. PREPARED BY: Carla Hutchinson, Assistant Engineer - Civir.t jEPARTMENT: Engi PHONE, 619-336-4388 APPROVED BY: EXPLANATION: See attached explanation. d Public Works FINANCIAL STATEMENT: APPROVED: L( (�tb4. f (d. % FINANCE ACCOUNT NO. APPROVED: MIS )ntract Award (funds are available through prior City Council CIP Appropriations) ":penditure Account No. 296-409-500-598-6050 (Citywide Safety Lighting Enhancements) - $70,757 15% Contingency — (Funds are available through prior City Council CIP Appropriations) Expenditure Account No. 296-409-500-598-6050 (Citywide Safety Lighting Enhancements) - $10,757 ENVIRONMENTAL Caltrans Determination of Categorical Exclusion under 23 CFR 771.117(c): activity (c)(27), approved October 30, 2019. ORDINANCE: INTRODUCTION FINAL ADOPTION STAFF Adopt Resolution awarding a contract to Baker Electric in the amount of $70,757 for the Citywide Safety Lighting Enhancements Project, CIP No. 19-15. BOARD / COMMISSION N/A TACHMENTS 1. Explanation w/ Exhibits 2. Bid Opening Summary 3. Three Lowest Bidders Summary 4. Owner -Contractor Agreement 5. Resolution Explanation On November 3, 2015, the California Department of Transportation (Caltrans) awarded a $175,200 Highway Safety Improvement Program (HSIP) grant for the Citywide Safety Lighting Enhancements Project. Staff identified this project through a needs assessment of existing safety lighting throughout the City's roadway. The City conducted a safety evaluation of the project locations utilizing the most recent five years of crash data. From January 1, 2009 to December 31, 2013 there have been 65 collisions with the influence area of the project signalized locations. On January. 27, 2020, Caltrans authorized the City to proceed with the construction phase in the amount of $175,200. There is a $1,850 local match requirement, which is available through prior City .Council local TransNet appropriations for FY 2020 Traffic Signal Upgrades CIP. However, due to the construction bids coming in well under budget, staff. will coordinate with Caltrans to utilize the available grant funds to cover the City's match as the project is eligible for 100% reimbursement. The local match for this project was only intended to cover the costs in excess of the grant funds. If the City's request is not approved, Staff will satisfy the match requirement by paying for the construction management services. The project proposes to install new LED safety light fixtures at 32 signalized intersections along the following corridors, and as shown in the attached exhibits: • 8th St • 18th St • 30th St/Sweetwater Rd • Bay Marina Dr/Mile of Cars Wy/24th St • Division St • Euclid Ave • Plaza Blvd/Paradise Valley Rd • Tidelands Ave & 19th St • Palm Ave & 16th St These 32 signalized intersections represent the remaining locations .Citywide that have yet to be upgraded to LED safety light fixtures. Funding from previous HSIP grants and traffic signal upgrade projects allowed the City to install LED safety light fixtures at 45 of the City's 77 signalized intersections. On August 25, 2020, the bid solicitation was posted on PlanetBids, a free public electronic bidding system for contractors. On September 1, 2020 and September 3, 2020, the bid solicitation was advertised in local newspapers. On September 16, 2020, five (5) bids were received by the 2:00 p.m. deadline. Bid results were immediately available for viewing on PlanetBids. Baker Electric was the apparent lowest bidder with a total bid amount of $70,757. Upon review of all documents submitted, Baker Electric bid was deemed responsive, and they are the -1- lowest respor specifications sible bidder qualified to perform the work as described in the project Therefore, st ff recommends awarding a contract to Baker Electric in the not -to -exceed amount of $7 ,757. Staff also recommends authorizing a 15% contingency in the amount of $1 g1,614 to address any unforeseen conditions that may arise. Attached are he bid opening summary sheet and a line item summary of the three lowest bidder for reference. Also .attached is the Owner -Contractor Agreement. Construction i. estimated to be completed by the first quarter of 2021. -2- AKA JPN 7s :i r �Q Beam 4 fs. a.ru gn► a' > •} -y ✓4 {Ada�t y, ea ..dsvw ego p s M, 4 11 • wfl:ev ,f y `"' % 4 r ije r�sQ�fLr4. T`T.�wtY V� rfld� ? } e ip,f C� au qy ��sfre Y/�Y Pub sfs y j { f0 �Ifb1f1 r•' / E.. tree •.iw .. E� [t ' �14 3 £ t 6" 11.4*.w rr..r wx�y sae•a4 t g.++,,, 4, 13 a {c \,. 16,, , ri•Y t i e+°a Umµ 12 mod' try, LEGEND • PROPOSED LED SAFETY LIGHTING LOCATION — CITY BOUNDARY -- CALTRANS RIGHT OF WAY Int.* Signalized Intersection 1 Division St& Highland Ave 2 Division St & R Ave 3 Division St&TAve 4 Division St & Harbison Ave 5 8th St & Harbor Dr 6 8th St & Roosevelt Ave 7 8th St&VAve 8 8th St & Harbison Ave 9 Plaza Blvd & Roosevelt Ave 10 Plaza Blvd & N Ave 11 Plaza Blvd & Pedestrian Xing 12 Plaza Blvd & Harbison Ave 13 Plaza Blvd & Manchester St 14 Plaza Blvd/Paradise Valley Rd & 8th St 15 Paradise Valley Rd & Plaza Blvd/Plaza Entrada 16 18th St & National City Blvd Int a Signalized Intersection 17 18thSt&LAve 18 18th St & Palm Ave 19 18th St & Newell St 20 Bay Marina Dr &Tidelands Ave 21 _ Bay Marina Dr & Marina Wy 22 Bay Marina Dr & Cleveland Ave 23 Mile of Cars Wy &Wilson Ave 24 24th St & D Ave 25 30th St & National City Blvd 26 30thSt&LAve 27 Sweetwater Rd & Prospect St 28 Sweetwater Rd & Ring Rd 29 Euclid Ave & 16th St 30 Euclid Ave & lath St 31 Tidelands Ave & 19th 5t 32 Palm Ave & 16th St PROPOSED LED SAFETY LIGHTING: TYPICAL AT SIGNALIZED LOCATIONS 1250 625 0 1250 2500 3750 SCALE: 1"=2500' NATIONAL Cfl coar �;3'j►1 \ rraaa�'� PROPOSED CONDITIONS CITY OF NATIONAL CITY S2: IMPROVE SIGNAL HARDWARE:LENSES, BACK -PLATES, MOUNTING, SIZE, AND NUMBER 2016 HIGHWAY SAFETY IMPROVEMENT PROGRAM (HSIP) ATTACHMENT 3-2 -3- ty4 8TH CORRIDOR Nt C Y 30TH ST/SWEETWATER RV - CORRIDOR tt.'` LEGEND 4k SIGNALIZED PROJECT LOCATION — CORRIDOR LIMITS CITY BOUNDARY - CALTRANS RIGHT OF WAY VICINITY MAP 'PROJECT •;` t LOCATION CITY . BOUNDARY t-• AL FA NATIONAUIVIT rxcoxroshTfD VICINITY/LOCATION MAP CITY OF NATIONAL CITY S2: IMPROVE SIGNAL HARDWARE:LENSES, BACK -PLATES, MOUNTING, SIZE, AND NUMBER 2016 HIGHWAY SAFETY IMPROVEMENT PROGRAM (HSIP) ATTACHMEN1 2 -4- 4.14t/pg("A —0 NATIONAL CITY ��� s) J IP�ORPORATED BID OPENING RESULTS NAME: Citywide Safety Lighting Enhancements Project CIP NO: 19-15 DATE: Wednesday, September 16, 2020 TIME: 2:00 P.M. ESTIMATE: $146,000 PROJECT ENGINEER: Carla Hutchinson NO. BIDDER'S NAME BID AMOUNT BID SECURITY -BOND 1. Baker Electric 1298 Pacific Oaks Place Escondido, CA 92029 $70,757.00 Bond 2. Perry Electric 10765 woodside ave santee, CA 92071 $99,900.00 Bond 3. Lekos Electric, Inc. 1370 Pioneer Way El Cajon, CA 92020 $108,750.00 Bond 4 Palm Engineering 7330 OPPORTUNITY ROAD SUITE A SAN DIEGO, CA 92111 $11.0,781.00 Bond 5. CTE, Inc. 9991 Possum Creek Lane El Cajon, CA 92021 $113,830.00 Bond -5- Citywide Safety Lighting Enhancements (CIP No. 19-15) Baker Electric Perry Electric Lekos Electric, Inc. Item No. Description Unit Qty. Unit Price Extension (Quantity x Unit Price) Unit Price Extension (Quantity x Unit Price) Unit Price Extension (Quantityx Unit Price) 1 Mobilization LS 1 $3,000.00 $3,000.00 $2,500.00 $2,500.00 $5,000.00 $5,000.00 2 Traffic Control LS 1 $3,000.00 $3,000.00 $5,000.00 $5,000.00 $7,500.00 $7,500.00 3 Remove and Salvage Existing Safety Light Fixture. Furnish and Install New LED Safety Lighting Fixture. EA 77 $841.00 $64,757.00 $1,200.00 $92,400.00 $1,250.00 $96,250.00 Total $70,757.00 $99,900.00 $108,750.00 OWNER - CONTRACTOR AGREEMENT CITYWIDE SAFETY LIGHTING ENHANCEMENTS PROJECT, CIP NO. 19-15 This Owner -Contractor Agreement ("Agreement") is made by and between the City of National City, 1243 National City Boulevard National City, California 91950 and Baker Electric ("Contractor"), 1298 Pacific Oaks Place, Escondido, CA 92029, on the 20th d ay of October, 2020, 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. AUT HORIZED 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) provisions o against liabi By my signature hereunder, as Contractor, I certify that I am aware of the Section 3700 of the Labor Code, which requires every employer to be insured ity 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 requiremen s of Section 3700 of the Labor Code. Before commencing any Work, the Contractor s all cause each subcontractor to execute the following certification: "I anti 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 and Intake self-insurance in accordance with the provisions of that Code, and I will com ly with such provisions before commencing the performance of the Work of this greement." 7. ENTI The Contrac Contractor v Agreement herein shall 1 8. MAIN E AGREEMENT; CONFLICT Documents comprise the entire agreement between the Owner and the ith respect to .the Work. In the event of conflict between the terms of this nd the bid of the Contractor, then this Agreement shall control and nothing e considered as an acceptance of the terms of the bid conflicting herewith. TENANCE 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 t fi ereof 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 a d shall not be an employee, agent, partner or joint venturer of the Owner. Owner shall ave the right to control Contractor insofar as the results of Contractor's -8- 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) ,Z----:::---W--------' --- (Initial) -9- 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: Baker Electric Alejandra Sotelo-Solis (6wner/Officer signature) Mayor, City of National City Ted N. Baker, President Print name and title APPROVED AS TO FORM: (Second officer signature if a corporation) By: Angil P. Morris -Jones Print name and title I-; I at__ Pit 1' c_ , City Attorney C Y 09001640 Contractor's City Business License No. 161756 C10/C46/B/C7/A State Contractor's License No. and Class 1298 Pacific Oaks Place Business street address Escondido, CA 92029 City, State and Zip Code -10- I, Ted N. Baker CORPORATE CERTIFICATE certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that Brian Miliate , who signed said contract on behalf of the Contractor, was then Chief Financial Officer 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, Ted N. Baker certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that Justen Decker , who signed said contract on behalf of the Contractor, was then Vice President of said Corporation; that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers. Corporate Seal: -11- Issued in Triplicate Bond #9331 72 Premium: $685.00 Subject to Adjustment Based on Final Cortract Price PERFORMANCE BOND WHEREAS, the City Council of the City of National City, by Resolution No. 2020- . or the 20th day of October, 2020, has awarded Baker Electric, hereinafter designate as the "Principal", the CITYWIDE SAFETY LIGHTING ENHANCEMENTS PROJECT, CIP NO. 19-15. *, Inc. WH REAS, said Principal is required under the terms of said contract to furnish a bond for t a faithful performance of said contract. NOW, THEREFORE, we, the Principal and Fidelity and Deposit Company of Maryland as surety, are held and firmly bound unt3 the City of National City, hereinafter called the "City", in the penal sum of Seventy Thousand, Seven Hundred Fifty Seven ($70,757.001 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 his/her or stand to an ;ONDITION OF THIS OBLIGATION IS SUCH THAT if the above bounden Principal, its heirs, executors, administrators, successors or assigns, shall in all things d abide by, and well and truly keep and perform the covenants, conditions and agreementis in the said contract any alteration thereof made as therein provides, on his or their patit, 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 harm) ss the City of National City, its officers, agents, employees, and volunteers as therein sti ulated, 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 -12- 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 7th day of October , 20 20 . Fidelity and D posit Company of Maryland (SEAL) Baker Electric, Inc. (SEAL) (SEAL) (SEAL) Lawrence F. McMahon, Attorney -in -Fact (SEAL) Ted N. Baker, President (SEAL) Surety Principal -13- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Civil Code § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. STATE OF CALIFORNIA County of San Diego On OCT 0 7 2020 Date before me, } Rachel A. Mullen Insert Name of Notary exactly as it appears on the official seal personally appeared Lawrence F. McMahon Name(s) of Signer(s) , Notary Public, RACHEL A. MULLEN Notary Public - California z '�;r San Diego Canty z Commission # 2181212 My Comm. ... fires Jan 2 � ' Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my han Signature OPTIONAL d official seal. Signet. re .f Notary Pu.lic ache A. Mullen Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Number of Pages: ❑ Individual ❑ Corporate Officer —Title(s): ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Surety Company RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s): ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here -14- EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attorneys -in -Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attomeys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney -in -fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and 1 do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the loth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTil ONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this day of OCT 0 7 2020 Brian M. Hodges, Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 www.reportsfclaims@zurichna.com 800-626-4577 -15- CALIFORNIA.ALL-PURPOSE ACI?CAO LED'N9f1HEff'1'll CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California �j County of 5�)1 Viejo before me, Thzr . bairnU _5& rU Rib .d, re Insert Name and Title of the On r' 424 o2Q Date personally appeared Narne(s) of Signers) who proved to me on the basis of satisfactory evidence to be the person(s) whose narne(s) Is/are subscribed to the within instrument and acknowledged to rrie that fie/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the persan(s), or the entity upon behalf of which the persons) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. DANA RASMUSSEN Notary Public - California San Diego County Commission it 2325320 My Comm, Expires Apr 22, 2024 Place Notary Seal Above WITNESS my hand and official seal. Signature :bre/A,- Signature of Notary Public Though this section is optional, completing this Information can deter alteration of the document or fraudulent reattachment of this form to an Unintended document. Des c±rliplio €4 AlIacbe tiocluraeir.d. Title or Type of Document: Document Datp: Number of Pages: Signer(s) Other Than Named Above: Ca rackyies) Veined by Sign3p(s Signers Name:- Signer's Name: LIJ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): ❑ Partner — 0 Limited 0 General 0 Partner — u limited 0 General Q individual Q Attorney in Fact 0 Individual Q Attorney in Fact ❑ Trustee 0 Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator 0 Other: 0 Other: Signer Is Representing: Signer Is Representing: ©2014 National Notary Association ^ www.NationalNotary.org ° 1-800-US NOTARY (1-800-876-6827) Item #5807 -16- Issued in Triplicate. Bond #9331872 Premium Included in Performance Bond PAYMENT BOND WHEREAS, the City Council of the City of National City, by Resolution No. 2020- , on the 20th day of October, 2020, has awarded Baker Electric, hereinafter designated as the "Principal", the CITYWIDE SAFETY LIGHTING ENHANCEMENTS PROJECT, CIP NO. 19-15. * , Inc. 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 Fidelity and Deposit Company of Maryland as surety, are held and firmly bound unto the City of National City, hereinafter called the "City", in the penal sum of Seventy Thousand, Seven Hundred Fifty Seven ($70,757.001 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. -17- 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 7th day of October , 20 20 . Fidelity and Deposit Company of Maryland (SEAL) Baker Electric, Inc. (SEAL) Lawrence F. McMahon, Attomey-in-Fact (SEAL) Surety Ted N. Baker, President (SEAL) �EAL) (SEAL) Principal -18- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Civil Code § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. STATE OF CALIFORNIA County of San Diego OCT 0 7 2020 On _ before me, Date personally appeared } Rachel A. Mullen Insert Name of Notary exactly as it appears on the official seal Lawrence F. McMahon , Notary Public, Name(s) of Signer(s) IRACHEL ,A MULLEN " + Notary public - California b� San Diego County Commission # 2181212 a My Comm.ExpiresJan 23, , 2021 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my ha official seal. Signature % n„ica a OPTIONAL Signature Notary Public Rachel A. Mullen Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner ❑ Limited ❑ General ❑ Attomey in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Surety Company RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s): ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here -19- EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attorneys -in -Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney -in -fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attomey...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the loth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this day of OCT 07 2020 Brian M. Hodges, Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 www.reportsfclaimsazurichna.com 800-626-4577 -20- CALIFORNIA ALL-PURPOSE AC CNOVILEiCIGi I:IIENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California �] ) County of 5�+l v l e j o } / 1_ On /� " 0 -c2vat) before me, Dane. Reon11 ,sser, 1l1bi PObII)C.., Date / Here insert Name and Title of the Zfficer personally appeared,v- Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to rrie that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. DANA RASMUSSEN Notary Public - California San Diego County Commission k 2325320 My Comm, Expires Apr 22, 2024 Place Notary Seal Above WITNESS my iyapd and official seal. Signature ' DPTP ONA Signature of Notary Public Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description oaf Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signers) Signer's Name: C] Corporate Officer — Title(s): El Partner — E Limited 0 General 0 Individual ❑ Attorney in Fact 0 Trustee Q Guardian or Conservator Other: Signer Is Representing: Signer's Name: 0 Corporate Officer — Title(s): 0 Partner — CI Limited 0 General O Individual ❑ Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: ©2014 National Notary Association a www.NationalNotary.org 1-800-US NOTARY (1-800-876-6827) Item #5907 -21- RESOLUTION NO. 2020 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,\1) AWARDING A CONTRACT TO BAKER ELECTRIC IN THE AMOUNT OF $70,757 FOR THE CITYWIDE SAFETY LIGHTING ENHANCEMENTS PROJECT, CIP NO. 19- 15; 2) AUTHORIZING A 15% CONTINGENCY IN THE AMOUNT OF $10,614 FOR ANY UNFORESEEN'CHANGES; AND 3) AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT WHEREAS, on November 3, 2015, the California Department of Transportation ("Caltrans") awarded the City of National City ("City") a $175,200 Highway Safety Improvement Program ("HSIP") grant for the Citywide Pedestrian Safety Improvements Project; and WHEREAS, City Staff identified this project through a needs assessment of the existing safety lighting throughout the City's roadway; and WHEREAS, City Staff conducted a safety evaluation of the project locations utilizing the most recent five years of crash data; and, WHEREAS, from January 1, 2009 to December 31, 2013 there have been 65 collisions within the influence area of the project signalized locations; and WHEREAS, on January 27, 2020, Caltrans authorized the City to proceed with the construction phase in the amount of $175,200 with a $1,850 local match requirement, which is available through prior City Council local TransNet appropriations for Fiscal Year 2020 Traffic Signal Upgrades CIP; and WHEREAS, with construction bids coming in well under budget, City Staff will coordinate with Caltrans to utilize the available grant funds to cover the City's match as the project is eligible for 100% reimbursement; and WHEREAS, the local match for this project was only intended to cover the costs in excess of the grant funds, however, if the City's request is not approved, City -Staff will satisfy the match requirement by paying for the construction management services; and WHEREAS, project proposes to install new LED safety light fixtures at 32 signalized intersections along the following corridors, -and as shown in the attached exhibits: • 8th Street • 18th Street • 30th Street/Sweetwater Road • Bay Marina Drive/Mile of Cars Way/24th Street • Division Street • Euclid Avenue • Plaza Boulevard/Paradise Valley Road. • Tidelands Avenue & 19th St • Palm Avenue & 16th Street WHEREAS, on August 25, 2020, the bid solicitation was posted on PlanetBids, a free public electronic bidding system for contractors and on September 1, 2020 and September 3, 2020, the bid solicitation was advertised in local newspapers; and Resolution No. 2020 — Page Two WHEREAS, On September 16, 2020, five (5) bids were received by the 2:00 p.m. deadline for the Citywide Safety Lighting Enhancements Project, CIP No. 19-15; and WHER AS, Baker Electric, was the lowest responsive bidder qualified to perform the work as descri ed in the project specifications with a total bid amount of $70,757; and WHER AS, a 15% contingency amount up to $10,614 for any unforeseen changes to the Project `is r quested. NOW, HEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby a ards Citywide Safety Lighting Enhancements Project, CIP No. 19-15, to the lowest responsive, responsible bidder, to wit: BAKER ELECTRIC BE IT I URTHER RESOLVED by the City Council of the City of National City that the Mayor is hereb authorized to execute on behalf of the City a contract in the amount of $70,757 with Baker Electri&for the Citywide Safety Lighting Enhancements Project, CIP No. 19-15. Said contract i6 on file in the office of the City Clerk. BE IT URTHER RESOLVED that the City Council authorizes a 15% contingency in the amount of p to $10,614 for any unforeseen changes. PASSED and. ADOPTED this 20th day of October, 2020 Alejandra Sotelo-Solis, Mayor ATTEST: Michael R. D.IIa, City Clerk APPROVED S TO FORM: Angil P. Morris -Jones, City Attorney