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HomeMy WebLinkAbout2015 CON LB Civil Construction - "A" Avenue Green Street Improvements SP 14-05OWNER - CONTRACTOR AGREEMENT A AVENUE GREEN STREET IMPROVEMENTS, CIP No. 14-05 This Owner -Contractor Agreement ("Agreement") is made by and between the City of National City, a California municipal corporation ("Owner"), 1243 National City Boulevard, California 91950 and LB. Civil Construction, Inc. ("Contractor"), 11585 Sorrento Valley Road, Suite 104, San Diego, CA 92121 on the 20th day of January, 2015,_ 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. 1 A AVENUE GREEN STREET IMPROVEMENTS CIP No. 14-05 5. AUTHORIZED OWNER REPRESENTATIVES On behalf of the Owner, the Project Manager designated at the pre -construction meeting shall be the Owner's authorized representative in the interpretation and enforcement of all Work performed in connection with this Agreement. 6. WORKERS' COMPENSATION INSURANCE a) By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement. b) The Contractor shall require each subcontractor to comply with the requirements of Section 3700 of the Labor Code. Before commencing any Work, the Contractor shall cause each subcontractor to execute the following certification: "I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement." 7. ENTIRE AGREEMENT; CONFLICT The Contract Documents comprise the entire agreement between the Owner and the Contractor with respect to the Work. In the event of conflict between the terms of this Agreement and the bid of the Contractor, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid conflicting herewith. 8. MAINTENANCE OF AGREEMENT DOCUMENTATION Contractor shall maintain all books, documents, papers, employee time sheets, accounting records and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by Owner and copies thereof shall be furnished to Owner if requested. 9. INDEPENDENT CONTRACTOR At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee, agent, partner or joint venturer of the Owner. 2-2 A AVENUE GREEN STREET IMPROVEMENTS CIP No. 14-05 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. HOLD HARMLESS AND INDEMNIFICATION Contractor shall protect, indemnify, defend (with counsel selected and satisfactory to the party being held harmless and indemnified) and hold harmless the City of National City, and all its private consultants and for each their elected officials, appointees, officers, agents, employees, contract employees, consultants, heirs and assigns from and against any and all types of liability, causes of action, claims, damages, demands, losses, expenses (including, but not limited to all attorneys' fees and legal costs), arising out of or resulting from, either directly or indirectly in accordance with the requirements of the special provisions. 12. 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. 13. COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall for all purposes be deemed to be an original. 14. 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 2-3 A AVENUE GREEN STREET IMPROVEMENTS CIP No. 14-05 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) 15. AGREEMENT MODIFICATION (Initial) 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. Ow ayor, City of National City Attest: Jerk City of Na tonal City City SEE ATTACHMENT FOR OFFICIAL NOTARIZATION Con ractor: L.B. Civil Construction, Inc. (Owner/Officer signature) (Sec • d office,nature if a corporation) Jl/el LvVI , P2E;. Print name and title 7C. 7 /4 Contractor's City Business License No. gam ,-f& State Contractor's License No. and Class //so 5 V064.eYei Business street address < ✓ DiE2v C4 92 / 2- I City, State and Zip Code CsV.2922 75 Federal Tax ID no. (Notary acknowledgement of execution by all PRINCIPALS OF CONTRACTOR must be attached.) 2-4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached. and not the truthfulness. accuracy. or validity of that document State of California County of San Diego On di) j OJ ? before me, personally appeared Kenneth C. Shook, Notary Public, CSeo R- 0 ,t.te, 044 :n LVw KENNETH C. SHOOK Commission #f 2008391 Notary Public - California San Diego County My Comm. Expires Feb 23, 2017 who proved to m - on the basis of satisfactory evidence to be the perso hose na subscribed to to the within ins rument and ac owledged to me that he/sh-,(i xecuted the same in his/her authorized �) and that by his/h signatur s n the trument the persoor the entity upon behalf of which the perso cted, 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 h d and official seal. Signature w ` C tAk)9 OPTIONAL This information not required by law, but may prevent fraudulent removal and reattachment to another document. Title/Type of Document OCNAAntejeC Document Date Number of Pages CAPACITY(IES) CLAIMED BY SIGNER(S) Signer's Name ❑ Individual ❑ Corporate Officer - Title(s) _ ❑ Partner O Limited O General ❑ Attorney In Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer Is Representing Right Thumbprint Of Signer rem¢ w 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 A AVENUE GREEN STREET IMPROVEMENTS CIP No. 14-05 EXHIBIT A CONTRACT DOCUMENTS Owner/Contractor Agreement Bid Schedule Addenda Plans Special Provisions (Specifications) San Diego County Regional Standard Drawings City of National City Standard Drawings Standard Specifications for Public Works Construction and Regional Supplements (Greenbook) State Standard Specifications State Standard Plans Permits issued by jurisdictional regulatory agencies Electric, gas, and communications companies specifications and standards Sweetwater Authority specifications and standards Specifications, standards and requirements of MTS, BNSF, SANDAG, Port of San Diego and all other agencies that may be adjacent and/or affected by the project. 2-5 A AVENUE GREEN STREET IMPROVEMENTS CIP No. 14-05 EXHIBIT B CONTRACT PRICE (NOTE - TO BE COMPLETED TO CONFORM WITH BID SCHEDULE ITEMS) 2-6 A AVENUE GREEN STREET IMPROVEMENTS CIP No. 14-05 CORPORATE CERTIFICATE I, 4'AJa certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that GC -'fir= Trod Aye who signed said contract on behalf of the Contractor, was then V IGC �%�`� C�2 '�� % of said Corporation; that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers. I, certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that , who signed said contract on behalf of the Contractor, was then of said Corporation; that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers. Corporate Seal: 2-7 A AVENUE GREEN STREET IMPROVEMENTS CIP No. 14-05 STATE OF PARTNERSHIP CERTIFICATE COUNTY OF ) ) ss On this day of , 2015, before me, the undersigned, a Notary Public in and for said County and State, personally appeared: (Notary Seal) known to me to be of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. Signature: Name (Type or Print): (Notary Public in and for said County and State) My Commission expires: 2-8 Executed inTriplicate AAVENUE GREEN STREET IMPROVEMENTS [|PNo. l4-O5 PERFORMANCE BOND Bond No. 2183832 Premium:*24.363.00 Premium isfor contract term and subject to adjustment based on final contract price WHEREAS, the City Council of the City of National [ity, by Resolution No. 2015'Ei passed the 20n day of January, 2015 has awarded to L.B. Civil Construction, Inc., hereinafter designated axthe "Pr\ncipa|",the AAVENUE GREEN STREET IMPROVEMENTS, OP No. 14-05. 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 North American Specialty Insurance Company as surety, are held and firmly bound unto the City Council ofthe City nfNational City, hereinafter called the "[ounci|", in the penal sum of Two Million, Eight Hundred FortV One Thousand, One Hundred Five and No Cents ($2,841,105.001 lawful money of the United States executors, administrators and successors, jointlyand severally, firmly bythese presents. THE CONDITION OFTHIS OBLIGATION |S SUCH THAT ifthe above bounden Principal, his/her orits heirs, executors, administrators, successors orassigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said contract any alteration thereof made as therein provides, on his or their part, to be kept and performed at the time and in the amount therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of National City, the City Council, their officers, agents, and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. A AVENUE GREEN STREET IMPROVEMENTS CIP No. 14-05 And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed herein or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or additions to the terms of the contract or to the work or to the specifications, In the event suit is brought upon this bond by the City of National City and judgment is recovered, the surety shall pay all costs incurred by the Council in such suit, including a reasonable attorney's fee to be fixed by the Court. IN WITNESS WHEREOF three identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the 26th day of January 2015. North American Specialty Insurance Company (SEAL) By: bQ) Charlotte Aquino, Attorney -In -Fact LB Civil Construction , Inc. (SEAL) (SEAL) By: (SEAL) (SEAL) �� goa Viz (SEAL) Surety Principal 2-10 AAVENUE GREEN STREET IMPROVEMENTS C|PNo. I4-O5 PERFORMANCE BOND ATTORN EY-1 N- FACT ACKNOWLEDGEMENT OF SURETY STATE OF ) )e COUNTY OF On this day of / 2015, before me, the undersigned, a Notary Public in and for said County and State, personally appeared known to me to be the person vvhV5g name is subscribed to the within instrument a; the attorney -in -fact of the ' the corporation named as Surety in said instrument, and acknowledged to me that he subscribed the name of said corporation thereto as Surety, and his own name asat1orney'in'tact. NOTE: Signature of those executing for Surety must be properly acknowledged. NOTE: The Atorney-in-fact must attach a certified copy of the Power of Attorney. Please mAb�h�Ca|�m�����o�A�no�o�mo� Signature: Name (Type orPhnt): Notary Public in and for said County and State My Commission expires: 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 JAN 2 6 2015 Date } before me, John Richard Flores JR. , Notary Public, personally appeared Charlotte Aquino Insert Name of Notary exactly as it appears on the official seal Name(s) of Signer(s) JOHN RICHARD FLORES JR. 1 COMM. #2036097 z Notary Public - California d San Diego County Comm. Ez fires Au . 8, 2017 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(0 whose name(O4 is/NO subscribed to the within instrument and acknowledged to me that NO/she/MO executed the same in Ng/her/WO/authorized capacity(/ Q, and that by J /her/1!V W signature* on the instrument the person*, or the entity upon behalf of which the person* acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. Signature OPTIONAL Signature of hard Flores JR. 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: ❑ Individual El Corporate Officer —Title(s): ❑ Partner ❑ Limited ❑ General RI Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Surety Company RIGHT THUMBPRINT OF SIGNER Top of thumb here Number of Pages: 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 NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg, Illinois, each does hereby make, constitute and appoint: LAWRENCE F. McMAHON, JAMES BALDASSARE, JR., JENNIFER L. CLAMPERT, MARIA V. GUISE, SARAH MYERS, JANICE MARTIN, CHARLOTTE AQUINO and JAMES DANIEL CASTLE JOINTLY OR SEVERALLY Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: FIFTY MILLION ($50,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 9th of May, 2012: "RESOLVED, that any two of the Presidents, any Managing Director, any. Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named - in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any,bon41, undertaking or contract of surety to which it is attached." By Steven P. Anderson, Senior Vice President of Washington International Insurance Company & Senior Vice President of. North American Specialty Insurance Company By David M. Layman, Vice President of Washington International Insurance Company & Vice President of North American Specialty Insurance Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this19th day of February , 2013 State of Illinois County of Cook ss: North American Specialty Insurance Company Washington International Insurance Company On this 19th day of February , 20 , before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman , Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. Rkes4.1104.1•106..."WIN.Arardae...••••••••441 1 "OFFICIAL SEAL" t DONNA D. SKLENS Notary Public, State of Illinois My Commission Expires 10/06/2015 Ayn,44 ju....6 Donna D. Sklens, Notary Public I, Jeffrey •Goldbere , the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 26th day of , 20 15 Jeffrey Goldberg, Vice President & Assistant Secretary of Washington International Insurance Company & North American Specialty Insurance Company Executed inTriplicate AAVENUE GREEN STREET IMPROVEMENTS C|P No. 14'05 PAYMENT BOND BondNu2183832 Premium Included in the Performance Bond WHEREAS, the City Council ofthe City ufNational City, byResolution No. 2O15-6,passed the ZCyo day of January, 2015 has awarded L.B. Civil Construction, Inc., hereinafter designated asthe "Prinoipa|", the A AVENUE GREEN STREET IMPROVEMENTS, CIP No. 14-05. WHEREAS, said Principal is required byChapter S (commencing a1Section 3225) and Chapter 7 (commencing at Section 3247), Title 15, Part 4, Division 3 of the California Civil Code 10furnish abond inconnection with said contract; NOW, THEREFORE, we, the Principal and North American Specialty Insurance Company as 6Urety, are held and firmly bound unto the City Council of the City of National City, hereinafter called the "Council", inthe penal yunn ofTwo Million, Eight Hundred For1Y One Thousand, One Hundred Five and No Cents ($2,841,105.00) 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 OFTHIS OBLIGATION |SSUCH that if said Principal, his/her qrits subcontractors, heirs, executors, administrators, successors, orassigns, shall fail to pay any of the persons named inSection 3l8Infthe California Civil Code, oramounts 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, ureasonable attorngy'ofee, tobefixed bythe 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 o right of action to such persons or their assigns in any suit brought upon this bond. 2-12 AAVENUE GREEN STREET IMPROVEMENTS OPNo. 14'OS it is further stipulated and agreed that the Surety on this bond shall not be exonerated 0rreleased from the obligation 0{this bond b«any change, extension oftime 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 ofany terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement hepeinabove 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 OD 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 tothose for whose benefit such bond has been given, by reason of any breach of contract between the owner of Public Entity and original contractor oron the part of any obliges named in such bond, but the sole conditions of recovery shall be that claimant isa person described in Section S1lOor3l12ofthe California Civil Code, and has not been paid the full amount ofhis 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, unthe 26th day of January ,2015. North American SpoicmUtyInsurance Cnmpony_(SEAL) L8Civil Construction, Inc. (SEAL) ' By: (SEAL) By �. _4 (SEAL) NkQ Charlotte Aquino, Attorney- |n-Foo (SEAL) (SEAL) Surety Principal 2'13 AAVENUE GREEN STREET IMPROVEMENTS [|PNo. 14-05 ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF ) \ss COUNTY OF \ On this day of , 2015, before me, the undersigned, a Notary Public in and for said County and State, personally appeared known to me to be the person whose name is subscribed to the within instrument as the attorney -in -fact of the . the corporation named as Surety in said instrument, and acknowledged to me that he subscribed the name of said corporation thereto as Surety, and his own name as attorney -in -fact. NOTE: Signature of those executing for NOTE: The Attorney -in -fact must attach a Surety must be properly certified copy of the Power of acknowledged. | Attorney. P�a��eA#a�o Cu�om�A�Pu�o�Au�ow�dmont Signature: Name (Type orPhnt): � - My Commission expires: 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 JAN 2 6 2015 before me, John Richard Flores JR. , Notary Public, Date Insert Name of Notary exactly as it appears on the official seal personally appeared Charlotte Aquino Name(s) of Signer(s) JGHM RICNARD FLORES JR. t COMM. #2036097 z Notary Public - California o San Diego County — My Comm. Expires Ain 8, 2017 c Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(V) whose name0 is/NW subscribed to the within instrument and acknowledged to me that rill/she/MN executed the same in N g/her/ authorized capacity(] /), and that by ►Yid/her/111W signatureM on the instrument the person(/.¢,✓}, or the entity upon behalf of which the person(/) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. Signatur( OPTIONAL gna ure ohn hard Flores JR. Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s): ❑ Partner ❑ Limited ❑ General g Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Surety Company RIGHT THUMBPRINT OF SIGNER Top of thumb here ❑ 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 NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg, Illinois, each does hereby make, constitute and appoint: LAWRENCE F. McMAHON, JAMES BALDASSARE, JR., JENNIFER L. CLAMPERT, MARIA V. GUISE, SARAH MYERS, JANICE MARTIN, CHARLOTTE AQUINO and JAMES DANIEL CASTLE JOINTLY OR SEVERALLY Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: FIFTY MILLION ($50,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 9th of May, 2012: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any,bond, undertaking or contract of surety to which it is attached." �u+unllnn�� : P., POg4, SEAL o= far 1, 1973 a, Q /0/19100 By Steven P. Anderson, Senior Vice President of Washington International Insurance Company & Senior Vice President of North American Specialty Insurance Company By David M. Layman, Vice President of Washington International Insurance Company & Vice President of North American Specialty Insurance Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this19th day of February 2013 State of Illinois County of Cook SS: North American Specialty Insurance Company Washington International Insurance Company On this 19th day of February , 20 13 , before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of Washington International Insurance Company and Senior Vice President of North; American Specialty Insurance Company and David M. Layman , Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. t "OFFICIAL SEAL" r Ayitxa/o DONNA D. SKLENS l I'Notary Public, State of Illinois t Donna D. Sklens, Notary Public 4 My Commission Expires 10/06/2015 I, Jeffrey Goldberg , the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 26th day of January , 20 15 �-C!x Jeffrey Goldberg, Vice President & Assistant Secretary of • Washington International Insurance Company & North American Specialty Insurance Company lAIVIIt#. I VL 14 IV ----- -- - ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 1/27/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER BB&T-John Burnham Ins Services 750 B Street Suite 2400 San Diego, CA 92101 619 231-1010 CONTACT Robin Hamilton PHONEo, Ext): (A/C619 231-1010 (NC , No): 619-236-9134 E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: National Fire Insurance Co of H '20478 INSURED LB Civil Construction Inc. 11585 Sorrento Valley Road #104 San Diego, CA 92121 INSURERS: Continental Casualty Company 120443 ` INSURER c:Zurich American Insurance Compa !16535 INSURER D : INSURER E : INSURER F : • REVISION NUMBER: Ii V V GRM V GJ v" � ... ....-.. � ....... �—. -- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTRJ TYPE OF INSURANCE ADDLSUBR INSR WVD POLICY NUMBER POLICY EFF • POLICY EXP LIMITS (MM/DDYYY) (MM/DD/YYYYJ /Y A GENERAL LIABILITY 5091529468 04/01/2014:04/01/2015 EACHOCCURRENCE$1,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES (EaE�cu ence) $100,000 1 CLAIMS -MADE X OCCUR MED EXP (Any one person) I $ 5,000 X BI/PD Ded:5,000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE , $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 i POLICY X JE 4 LOC $ C AUTOMOBILE LIABILITY BAP450354802 1O/01/2014 10/01/2015 {EaMBINd D SINGLE LIMIT $1,000,000 LX1 ANY AUTO BODILY INJURY (Per person) $ ALL OWNED r—i SCHEDULED BODILY INJURY (Per accident) $ X A AUTOS AUTOS X A AUTOS ED (ROPERTY DAMAGE Per accident) $ HIRED AUTOS AUTOS $ B I UMBRELLA LIAB X OCCUR 5091529485 04/01/2014 04/01/2015 EACH OCCURRENCE $5,000,000 Xf EXCESS LIAB CLAIMS -MADE AGGREGATE $5,000,000 DED XI RETENTON$$10,000 $ c , WORKERS COMPENSATION WC450354702 1O/O7/2074 1O/O1/2015� X S' 101-H- AND EMPLOYERS' LIABILITY N Y IN ANY PROPRIETOR/PARTNER/EXECUTIVE ,WCRMT , E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N / A E.L. DISEASE - EA EMPLOYEE $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Certificate is subject to policy limits, conditions and exclusions. RE: A Avenue Green Street Improvements, CIP 14-05. City of National City and its elected officials, officers, employees, agents, representatives, consultants, contract employees and volunteers are additional insured (GL/AL/Excess Follows Form) but only as respects work done by, for, or on behalf of the named insures. (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION City of National City, Attn: Stephen Manganiello City Engineer 1243 National City Blvd. National City, CA 91950 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ACORD 25 (2010/05) 1 of 2 #S13616616/M12927329 CHZA DESCRIPTIONS (Continued from Page 1) This policy shall be considered primary insurance as respects an other valid and collectible insurance the City of National City and all other additional insured may possess, including self -insured retention, the City of National City and all other additionally insured do possess shall be considered excess insurance only. General aggregate limit applies. (GUAUWC/Excess Follows Form) Waiver of subrogation applies in favor of the additional insureds. 30 Day Notice of Cancellation applies per policy provisions. SAGITTA 25.3 (2010/05) 2 of 2 #S13616616/M12927329 G18652J 0712 Page I of 12 Pol: 5091529468 Eff. 04/01/2014 LB Civil Construction, Inc. CONTRACTORS' GENERAL LIABILITY EXTENSION ENDORSEMENT It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows. The changes this endorsement makes do not apply with respect to any coverage that has been excluded or amended by another endorsement attached to this policy. SCHEDULE Coverage is summarized below. For particulars and limitations affecting each coverage, please refer to the corresponding policy provisions in the body of this endorsement. 1. Additional Insureds Seven additional insured extensions. 2. Bodily Injury — Expanded Definition 3. Broad Knowledge of Occurrence/ Notice of Occurrence 4. Broad Named Insured 5. Broadened Liability Coverage For Damage To "Your Product" And "Your Work" Limit $100,000. 6. Contractual Liability — Railroads Expanded definition of "insured contract." 7. Contractual Liability For Personal And Advertising Injury 8. Electronic Data Liability Loss of Electronic Data Limit $100,000. 9. Expanded Personal And Advertising Injury - Discrimination Or Humiliation 10. Expected Or Intended injury Reasonable force —"bodily injury" or "property damage." 11: General Aggregate Limits Of Insurance - Per Project 12. In Rem Actions 13. Incidental Health Care Malpractice Coverage 14. Joint Ventures/Partnership/Limited Liability Companies Coverage for your interest in such terminated or ended organizations. 15. Legal Liability/Alienated Premises/Borrowed Equipment Coverage Extended perils. Default limit increased to $500,000 for Damage to Premises Rented To You. $25,000 limit for "property damage" to borrowed tools or equipment at a jobsite. 16. Liberalization Clause 17. Liquor Liability Coverage Extension 18. Medical Payments Limits increased to $15,000. Reporting increased to three years from the date of accident. 19. Non -owned Aircraft Coverage 20. Non -owned Watercraft Increased to 75 feet 21. Primary And Non -Contributory To Other Insurance 22. Property Damage - Elevators 23. Supplementary Payments Cost of bail bonds increased to $5,000. Daily Toss of earnings increased to $1,000. 24. Unintentional Failure To Disclose Hazards 25. Waiver of Subrogation - Blanket Waiver of subrogation where required by written contract or written agreement. 26. Wrap -Up Extension mhtml:file:i/C:\Users\c46436\AppData\Loca1\Microsoft\Windows\Temporary Internet File... 3/31/2014 G18652J 0712 Page 2 of 12 1. ADDITIONAL INSURED SECTION II — WHO IS AN INSURED is amended to include as an insured any person or organization (called additional insured) described in paragraphs A. through G. below whom you are required to add as an additional insured on this policy under a written contract or written agreement, provided the written contract or written agreement: i. Is currently in effect or becomes effective during the term of this policy; and ii. Was executed prior to the "bodily injury," "property damage" or "personal injury and advertising injury" for which the additional insured seeks coverage. However, we will not provide the additional insured any broader coverage or any higher limit of insurance than the least that is: a. The maximum permitted by law; b. Required in the written contract or written agreement; c. Afforded to you under this policy; or d. Described in the applicable paragraphs A. through G. below. A. Controlling interest Any persons or organizations with a controlling interest in you but only with respect to their liability arising out of. 1. Their financial control of you; or 2. Premises they own, maintain or control while you lease or occupy these premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for such additional insured. B. Co-owner of Insured Premises A co-owner of a premises co -owned by you and covered under this insurance but only with respect to the co -owners liability as co-owner of such premises. C. Lessor - Equipment 1. Any person or organization from whom you lease equipment, but only with respect to liability for "bodily injury," "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization. 2. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. D. Lessor - Land An owner or other interest from whom land has been leased by you but only with respect to liability arising out of the ownership, maintenance or use of that specific part of the land leased to you and subject to the following additional exclusions: This insurance does not apply to: 1. Any "occurrence" which takes place after you cease to lease that land; or 2. Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. E. Lessor - Premises A manager or lessor of premises but only with respect to liability arising out of the ownership, maintenance or use of that specific part of the premises leased to you and subject to the following additional exclusions: This insurance does not apply to: 1. Any "occurrence" which takes place after you cease to be a tenant in that premises; or 2. Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. F. Mortgagee, Assignee or Receiver A mortgagee, assignee or receiver but only with respect to their liability as mortgagee, assignee, or receiver and arising out of the ownership, maintenance, or use of a premises by you. mhtml•filet/C:1Users\c46436\AppData\L.oca1\Microsoft\Windows\Temporary Internet File.., 3/31/2014 G18652J 0712 Page 3 of 12 This insurance does not apply to structural alterations, new construction or demolition operations performed by or for such additional insured. G. State or Governmental Agency or Subdivision or Political Subdivisions A state or governmental agency or subdivision or political subdivision subject to the following provisions: 1. This insurance applies only with respect to the following hazards for which the state or govemmental agency or subdivision or political subdivision has issued a permit or authorization in connection with premises you own, rent, or control and to which this insurance applies: a. The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or b. The construction, erection, or removal of elevators; or c. The ownership, maintenance or use of any elevators covered by this insurance. 2. This insurance applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization. 3. This insurance does not apply to: a. "Bodily injury," "property damage" or "personal and advertising injury' arising out of operations performed for the federal government, state or municipality; or b. "Bodily injury" or "property damage" included within the "products -completed operations hazard." A governmental permit which requires you to add the governmental entity as an additional insured will trigger this Provision 1. as if the permit were a written contract. 2. BODILY INJURY— EXPANDED DEFINITION SECTION V — DEFINITIONS, the definition of "bodily injury" is changed to read: "Bodily injury" means bodily injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury by that person at any time which results as a consequence of the bodily injury, sickness or disease. 3. BROAD KNOWLEDGE OF OCCURRENCE/ NOTICE OF OCCURRENCE Condition 2. Duties In The Event of Occurrence, Offense, Claim or Suit of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is amended to add the following provisions: A. BROAD KNOWLEDGE OF OCCURRENCE You must give us or our authorized representative notice of an "occurrence," offense, claim, or "suit" only when the "occurrence," offense, claim or "suit" is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) An executive officer or the employee designated by you to give such notice, if you are a corporation; or (4) A manager, if you are a limited liability company. B. NOTICE OF OCCURRENCE Your rights under this Coverage Part will not be prejudiced if you fail to give us notice of an "occurrence," offense, claim or "suit" and that failure is solely due to your reasonable belief that the "bodily injury" or "property damage" is not covered under this Coverage Part. However, you shall give written notice of this "occurrence," offense, claim or "suit" to us as soon as you are aware that this insurance may apply to such "occurrence," offense claim or "suit." 4. BROAD NAMED INSURED A. Any subsidiary or affiliate organization, other than a partnership, joint venture or limited liability company, in which a Named Insured specifically shown in the Declarations has management control, directly or through one or more subsidiary organizations, at the time of loss will qualify as a Named Insured but only if there is no other similar insurance available to such organization, nor similar insurance which would be available but for exhaustion of its limits. For the purpose of this provision, similar insurance means general liability or equivalent insurance, no matter whether its coverage is broader or narrower than that provided by this insurance. But if the only other similar insurance is for a "consolidated (wrap-up) program," then a subsidiary that qualifies as a Named Insured on such project -specific insurance can still qualify as a Named Insured on this insurance, but not for projects covered by the "consolidated (wrap-up) program." mhtml:file://C:\Users\c46436\AppData\Local\Mierosoft\Windows\Temporary Internet File... 3/31/2014 G18652J 0712 Page 4 of 12 [Please see Item 26.C. of this endorsement for the definition of "consolidated (wrap-up) program."] B. This endorsement does not apply to any organization for which coverage is excluded by another endorsement attached to this policy. C. Only for the purpose of this endorsement: 1. Management control means: a. Ownership interest representing more than 50% of the voting, appointment, or designation power for the subsidiary organization's governing body; or b. Having the right, pursuant to a written contract, or pursuant to the by-laws, charter, operating agreement, or similar document of a specifically shown Named insured or controlled subsidiary organization to select, appoint, or designate a majority of the subsidiary organization's governing body. Such contract or document must have been created prior to the time of loss; or c. Having the right, pursuant to a written trust agreement, to protect, control the use of, encumber or transfer and sell property held by a trust. 2. Governing body means the Board of Directors of a corporation. 3. Loss means: a. The occurring of the "bodily injury" or "property damage"; or b. The committing of the offense that caused the "personal and advertising injury." D. The insurance provided by this policy applies to Named Insureds when trading under their own names, or under such trading names or doing -business -as (DBA) names as any should choose to employ. 5. BROADENED LIABILITY COVERAGE FOR DAMAGE TO "YOUR PRODUCT" AND "YOUR WORK" A. Under SECTION I — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Paragraph 2. Exclusions is amended to delete exclusions k. and 1. and replace them with the following: [This insurance does not apply to:] k. Damage to Your Product "Property damage" to "your product' arising out of it, or any part of it except when caused by or resulting from: (1) Fire; (2) Smoke; (3) Collapse; or (4) Explosion. 1. Damage to Your Work "Property damage" to "your work" arising out of it, or any part of it and included in the "products - completed operations hazard." This exclusion does not apply: (1) If the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor, or (2) If the cause of loss to the damaged work arises as a result of. (a) Fire; (b) Smoke; (c) Collapse; or (d) Explosion. B. The following paragraph is added to SECTION III — LIMITS OF INSURANCE: Subject to 5. above, $100,000 is the most we will pay under Coverage A for the sum of damages arising out of any one "occurrence" because of "property damage" to "your product" and "your work' that is caused by fire, smoke, collapse or explosion and is included within the "product -completed operations hazard." This sublimit does not apply to "property damage" to "your work" if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. C. This Provision 5. Broadened Liability Coverage For Damage To "Your Product" And "Your Work" does not apply if an endorsement of the same name is attached to this policy. 6. CONTRACTUAL LIABILITY — RAILROADS With respect to operations performed within 50 feet of railroad property, the definition of "insured contract" in SECTION V — DEFINITIONS is replaced by the following: mhtml:file://C:\Users\c46436\AppData\Local\Microsoft\Windows\Temporary Internet File... 3/31/2014 G18652J 0712 Page 5 of 12 "Insured Contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; b. A sidetrack agreement; c. Any easement or license agreement; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; (2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (1) above and supervisory, inspection, architectural or engineering activities. 7. CONTRACTUAL LIABILITY FOR PERSONAL AND ADVERTISING INJURY Under SECTION I — COVERAGE B —PERSONAL AND ADVERTISING INJURY LIABILITY, Paragraph 2. Exclusions is amended to delete exclusion e. Contractual Liability. This provision 7. does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 8. ELECTRONIC DATA LIABILITY A. Under SECTION I — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE, Paragraph 2. Exclusions is amended to delete exclusion p. Electronic Data and replace it with the following: [This insurance does not apply to:] p. Electronic Data Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate "electronic data" that does not result from physical injury to tangible property. However, this exclusion does not apply to liability for damages because of "bodily injury." B. The following paragraph is added to SECTION III — LIMITS OF INSURANCE: Subject to 5. above, $100,000 is the most we will pay under Coverage A for all damages arising out of any one "occurrence" because of "property damage" that results from physical injury to tangible property and arises out of "electronic data." C. The following definition is added to the SECTION V — DEFINITIONS: "Electronic data" means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software (including systems and applications software), hard or floppy disks, CD- ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. D. For the purposes of the coverage provided by this endorsement, the definition of "property damage" in SECTION V — DEFINITIONS is replaced by the following: 17. "Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the "occurrence" that caused it; or c. Loss of, loss of use of, damage to, corruption of, inability to access, or inability to properly manipulate "electronic data," resulting from physical injury to tangible property. All such loss of "electronic data" shall be deemed to occur at the time of the "occurrence" that caused it mhtml.file://C:\Users\c46436\AppData\Local\Microsoft\Windows\Temporary Internet File... 3/31/2014 G18652J 0712 Page 6 of 12 For the purposes of this insurance, "electronic data" is not tangible property. E. If Electronic Data Liability is provided at a higher limit by another endorsement attached to this policy, then the $100,000 limit provided by this Provision 8. Electronic Data Liability is part of, and not in addition to, that higher limit. 9. EXPANDED PERSONAL AND ADVERTISING INJURY - DISCRIMINATION OR HUMILIATION A. SECTION V — DEFINITIONS is amended to add the following to the definition of "Personal and advertising injury": h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is: (1) Not done intentionally by or at the direction of: (a) The insured; or (b) Any "executive officer," director, stockholder, partner, member or manager (if you are a limited liability company) of the insured; and (2) Not directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person or persons by any insured. B. Under SECTION I — COVERAGE B —PERSONAL AND ADVERTISING INJURY LIABILITY, Paragraph 2. Exclusions is amended to add the following additional exclusions: [This insurance does not apply to:j Discrimination Relating To Room, Dwelling or Premises "Personal or advertising injury" caused by discrimination directly or indirectly related to the sale, rental, lease or sub -lease or prospective sale, rental, lease or sub -lease of any room, dwelling or premises by or at the direction of any insured. Fines Or Penalties Fines or penalties levied or imposed by a governmental entity because of discrimination. This provision 9. does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 10. EXPECTED OR INTENDED INJURY Under SECTION 1— COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Paragraph 2. Exclusions is amended to delete exclusion a. Expected or Intended Injury and replace it with the following: [This insurance does not apply to:j a. Expected or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. 11. GENERAL AGGREGATE LIMITS OF INSURANCE - PER PROJECT A. For each construction project away from premises you own or rent, a separate Construction Project General Aggregate Limit, equal to the amount of the General Aggregate Limit, is the most we will pay for the sum of: 1. All damages under Coverage A, except damages because of "bodily injury" or "property damage" induded in the "products -completed operations hazard"; and 2. All medical expenses under Coverage C, that arise from "occurrences" or accidents which can be attributed solely to ongoing operations at that construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations, nor the Construction Project Aggregate Limit of any other construction project. B. All: 1. Damages under Coverage B, regardless of the number of locations or construction projects involved; 2. Damages under Coverage A, caused by "occurrences" which cannot be attributed solely to ongoing operations at a single construction project, except damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard"; and 3. Medical expenses under Coverage C caused by accidents which cannot be attributed solely to ongoing operations at a single construction project, will reduce the General Aggregate Limit shown in the Declarations. mhtml:file://C:\Users\c464361AppData\Loca1\MicrosofttWindows\Temporary Internet File... 3/31/2014 G18652J 0712 Page 7 of 12 C. The limits shown in the Declarations for Each Occurrence, for Damage To Premises Rented To You and for Medical Expense continue to apply, but will be subject to either the Construction Project Aggregate Limit or the General Aggregate Limit, depending on whether the "occurrence" can be attributed solely to ongoing operations at a particular construction project. D. When coverage for liability arising out of the "products -completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "products - completed operations hazard," regardless of the number of locations involved will reduce the Products - Completed Operations Aggregate Limit shown in the Declarations. E. If a single construction project away from premises owned by or rented to the insured has been abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. F. The provisions of SECTION III — LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to apply as stipulated. 12. IN REM ACTIONS Any action in rem against any vessel owned or operated by or for you, or chartered by or for you will be treated in the same manner as though the action were in personam against you. In rem is a term used to designate actions instituted against the thing, as distinct from actions against the person, which are said to be in personam. 13. INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE A. With respect only to "bodily injury" that arises out of a "health care incident," COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY OF SECTION 1— COVERAGES is amended to replace Insuring Agreement Paragraphs 1.b.(1) and 1.b.(2) with the following: b. This insurance applies to "bodily injury" only if you are not in the business of providing professional health care services, and only if (1) The "bodily injury" is caused by an "occurrence" that takes place in the "coverage territory." For the purpose of this insurance: (a) "Bodily injury" caused by a "health care incident' will be considered caused by an "occurrence"; and (b) All acts, errors or omissions that are logically connected by any common fact, circumstance, situation, transaction, event, advice or decision will be considered to constitute a single "occurrence"; (2) The "bodily injury" occurs during the policy period. All "bodily injury" arising from an "occurrence" will be deemed to have occurred at the time of the first act, error, or omission that is part of the "occurrence"; and B. With respect only to the insurance provided by this Provision 13., Exclusion 2.e. Employer's Liability of SECTION 1— COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE, is amended to append the following: Only for "bodily injury" not covered by other liability insurance (including state -sanctioned self insurance) available to the insured (or which would be available but for exhaustion of its limits), this exclusion does not apply to "bodily injury" that arises out of a "health care incident" C. SECTION V — DEFINITIONS is amended to add the following new definition: "Health care incident" means a negligent act, error or omission by your "employees" or "volunteer workers" working on your behalf in the rendering of or failure to render professional health care services in any of the following capacities, or the related furnishing of food, beverages, medical supplies or appliances: a. Physician; b. Nurse; c. Emergency medical technician; d. Paramedic; e. Chiropractor; f. Dentist; g. Athletic trainer, h. Audiologist; i. Physical therapist; mhtml:file://C:\Users\c46436\AppData\Loca1\Microsoft\Windows\Temporary Internet File... 3/31/2014 G186523 0712 Page 8 of 12 j. Psychologist; k. Speech therapist; 1. Other allied health professional; or m. Provider of first aid or Good Samaritan services rendered in an emergency and for which no payment is demanded or received. D. SECTION I — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE, Paragraph 2. Exclusions is amended to add the following additional exclusions. These new exclusions apply only to this incidental Health Care Malpractice Coverage: [This insurance does not apply to:] Dishonesty or Crime Any dishonest, criminal or malicious act, error or omission. Clinical Trials / Product Testing Acts, errors or omissions that occur in the course of human clinical trials or product testing. MedlcarelMedlcald Fraud Medicare or Medicaid fraud or abuse. Services Excluded by Endorsement Any "health care incident" for which coverage is excluded by endorsement. E. SECTION V — DEFINITIONS is amended to add the following subparagraph to Paragraph f. of the definition of "insured contract": Paragraph f. does not include that part of any contract or agreement: (4) Under which you assume another's tort liability for "bodily injury" arising out of the rendering of or failure to render professional health care services. F. SECTION 11— WHO IS AN INSURED is amended to add the following provisions: 1. Your "employees" are insureds with respect to: a. "bodily Injury" to a co -"employee" while in the course of the co -"employee's" employment by you or while performing duties related to the conduct of your business; and b. "bodily injury" to a "volunteer worker" while performing duties related to the conduct of your business; when such "bodily injury" arises out of a "health care incident." 2. Your "volunteer workers" are insureds with respect to: a. "bodily injury" to a co -"volunteer worker" while performing duties related to the conduct of your business; and b. "bodily injury" to an "employee" while in the course of the "employee's" employment by you or while performing duties related to the conduct of your business; when such "bodily injury" arises out of a "health care incident." 3. Paragraphs 2.a. (1)(a), (b) and (c) of SECTION II — WHO IS AN INSURED do not apply to "bodily injury" for which insurance is provided this Provision 13. 4. Paragraph 2.a.(1Xd) of SECTION II — WHO IS AN INSURED is deleted. G. With respect to the insurance provided by this Provision 13., the following is added to Paragraph 4.b.(1) of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: To the extent this insurance applies, it is excess over any of the other insurance (including qualified self insurance), whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by you to be excess of this policy. 14. JOINT VENTURES / PARTNERSHIP / LIMITED LIABILITY COMPANIES A. The following is added to SECTION II — WHO IS AN INSURED: 4. You are an insured when you had an interest in a joint venture, partnership or limited liability company which terminated or ended prior to or during this policy period, but only to the extent of your interest in such joint venture, partnership or limited liability company. This coverage does not apply: a. Prior to the termination date of any joint venture, partnership or limited liability company; b. If there is other valid and collectible insurance purchased specifically to insure the partnership, joint venture or limited liability company; or c. To a joint venture, partnership or limited liability company which is or was insured under a mhtml:file://C:\Users\c464361AppData\Local\Microsoft\Windows\Temporary Internet File... 3/31/2014 G18652J 0712 Page 9 of 12 "consolidated (wrap-up) insurance program." [Please see Item 26.C. of this endorsement for the definition of "consolidated (wrap-up) program." j B. The last paragraph of SECTION 11— WHO IS AN INSURED is deleted and replaced by the following: Except as provided under the Contractors' General Liability Extension Endorsement or by the attachment of another endorsement (if any), no person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. 15. LEGAL LIABILITY/ALIENATED PREMISES/ BORROWED EQUIPMENT A. Under SECTION 1 — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE, Paragraph 2. Exclusions is amended to delete exclusion j. Damage to Property in its entirety and replace it with the following: [This insurance does not apply to:] j. Damage to Property "Property damage" to: (1) Property you own, rent, or occupy; (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; (3) Property loaned to you; (4) Personal property in the care, custody or control of the Insured; (5) That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the "property damage" arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. Paragraph (2) of this exclusion does not apply if the premises are "your work." Paragraphs (3) and (4) of this exclusion do not apply to "property damage" to tools or equipment loaned to you. A separate limit of insurance applies to such tools or equipment that are damaged while being used in your operations. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire) to premises rented to you or temporarily occupied by you with the permission of the owner, or to the contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in SECTION III — LIMITS OF INSURANCE. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to "property damage" included in the "products - completed operations hazard." B. Under SECTION I — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE the last paragraph of Paragraph 2. Exclusions is deleted and replaced by the following. Exclusions c. through n. do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner nor to the contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in SECTION 111 — LIMITS OF INSURANCE. C. The following paragraph is added to SECTION III — LIMITS OF INSURANCE: Subject to 5. above, $25,000 is the most we will pay under Coverage A for damages arising out of any one "occurrence" because of "property damage" to tools or equipment loaned to you by others that occurs while the equipment is being used to perform operations. D. Paragraph 6. Damage To Premises Rented To You Limit of SECTION 111— LIMITS OF INSURANCE is replaced by the following: 6. Subject to Paragraph 5. above, (the Each Occurrence Limit), the Damage To Premises Rented To You Limit is the most we will pay under SECTION — I — COVERAGE A for damages because of "property damage" to any one premises while rented to you or temporarily occupied by you with the permission of the owner, including contents of such premises rented to you for a period of 7 or fewer consecutive days. The Damage To Premises Rented To You Limit is the greater of: mhml;file:/./C:\Users\c46436\AppData\Local\Microsoft\Windows\Temporary Internet File... 3/31/2014 G18652J 0712 Page 10 of 12 a. $500,000; or b. The Damage To Premises Rented To You Limit shown in the Declarations. E. Paragraph 4.b.(1)(a)(li) of SECTION IV— COMMERCIAL GENERAL LIABILITY CONDITIONS is deleted and replaced by the following: (ii) That is property insurance for premises rented to you, for premises temporarily occupied by you with the permission of the owner; or for personal property of others in your care, custody or control; F. This Provision 15. does not apply if Damage To Premises Rented To You Liability under SECTION — 1 — COVERAGE A is excluded by endorsement. 16. LIBERALIZATION CLAUSE If we adopt a change in our forms or rules which would broaden coverage for contractors under this endorsement without an additional premium charge, your policy will automatically provide the additional coverage as of the date the revision is effective in your state. 17. LIQUOR LIABILITY Under SECTION I — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE, Paragraph 2. Exclusions is amended to delete exclusion c. Liquor Liability. This provision 17. does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 18. MEDICAL PAYMENTS A. Paragraph 7. Medical Expense Limit, of SECTION III — LIMITS OF INSURANCE is deleted and replaced by the following: 7. Subject to Paragraph 5. above (the Each Occurrence Limit), the Medical Expense Limit is the most we will pay under SECTION — I — COVERAGE C for all medical expenses because of "bodily injury" sustained by any one person. The Medical Expense Limit is the greater of: (1) $15,000; or (2) The amount shown in the Declarations for Medical Expense Limit. B. Paragraph 1.a.(3)(b) of SECTION I — COVERAGE C MEDICAL PAYMENTS, is replaced by the following: (b) The expenses are incurred and reported to us within three years of the date of the accident; and This paragraph B. does not apply to medical expenses incurred in the state of Missouri. 19. NON -OWNED AIRCRAFT Under SECTION 1— COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY. Paragraph 2. Exclusions is amended such that exclusion g. Aircraft, Auto or Watercraft does not apply to an aircraft you do not own, provided that: 1. The pilot in command holds a currently effective certificate issued by the duly constituted authority of the United States of America or Canada, designating that person as a commercial or airline transport pilot; 2. The aircraft is rented to you with a trained, paid crew, and 3. The aircraft does not transport persons or cargo for a charge. 20. NON -OWNED WATERCRAFT Under SECTION 1— COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Paragraph 2. Exclusions is amended to delete subparagraph (2) of exclusion g. Aircraft, Auto or Watercraft and replace it with the following. [This exclusion does not apply to:j (2) A watercraft you do not own that is: (a) Less than 75 feet long; and (b) Not being used to carry persons or property for a charge. 21. PRIMARY AND NON-CONTRIBUTORY TO OTHER INSURANCE With respect to any person or organization that is an additional insured under this Coverage Part, the following is added to Paragraph 4. of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: If you have agreed in writing in a contract or agreement that this insurance is primary and non-contributory relative to an additional insured's own insurance, then this insurance is primary and we will not seek contribution from that other insurance. For the purpose of this Provision 21., the additional insured's own insurance means insurance on which the additional insured is a Named Insured. This Provision 21. does not apply in situations where the endorsement on this policy affording coverage to the additional insured specifies that this insurance is excess over any other insurance available to that additional mhtml:file://C:\Users\c46436\AppData\Local\Microsoft\W ndows\Temporary Internet File... 3/31/2014 G18652J 0712 Page 11 of 12 insured. 22. PROPERTY DAMAGE — ELEVATORS A. Under SECTION I — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE, Paragraph 2. Exclusions is amended such that exclusion k. Damage to Your Product, and subparagraph (3), (4) and (6) of exclusion J. Damage to Property do not apply "property damage" that results from the use of elevators. B. With respect only to the coverage provided by this endorsement, Condition 4. Other Insurance in SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is amended to add the following subparagraph b.(1)(a)(v): 4. Other Insurance b. Excess Insurance (1) This insurance is excess over: (a) Any of the other insurance, whether primary, excess, contingent or on any other basis: (v) That is Property insurance covering property of others damaged from the use of elevators. 23. SUPPLEMENTARY PAYMENTS A. Under Section I — Supplementary Payments — Coverages A and B, Paragraph 1.b., the limit of $250 shown for the cost of bail bonds is replaced by $5,000: B. In Paragraph 1.d., the limit of $250 shown for daily Toss of earnings is replaced by $1,000. 24. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If unintentionally you should fail to disclose all existing hazards at the inception date of your policy, we will not deny coverage under this Coverage Part because of such failure. 25. WAIVER OF SUBGROGATION - BLANKET Under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, The Transfer Of Rights Of Recovery Against Others To Us Condition is amended by the addition of the following: We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of. 1. Your ongoing operations; or 2. "Your work" included in the "products completed operations hazard." However, this waiver applies only when you have agreed in writing to waive such rights of recovery in a contract or agreement, and only if the contract or agreement 1. Is in effect or becomes effective during the term of this policy; and 2. Was executed prior to loss. 26. WRAP-UP EXTENSION: OWNER CONTROLLED INSURANCE PROGRAM, CONTRACTOR CONTROLLED INSURANCE PROGRAM OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS Note: The following provision does not apply to any public construction project in the state of Oklahoma, nor to any construction project in the state of Alaska, that is not permitted to be insured under a "consolidated (wrap-up) insurance program" by applicable state statute or regulation: If the endorsement EXCLUSION — CONSTRUCTION WRAP-UP or another exclusionary endorsement pertaining to Owner Controlled Insurance Programs (0.C.I.P.) or Contractor Controlled Insurance Programs (C.C.I.P.) is attached to this policy, then the following changes apply: A. The following wording is added to the endorsement: With respect to a "consolidated (wrap-up) insurance program" project in which you are or were involved, this exclusion does not apply to those sums you become legally obligated to pay as damages because of: 1. "Bodily injury," "property damage," or "personal or advertising injury" that occurs during your ongoing operations at the project, or during such operations of anyone acting on your behalf; nor 2. "Bodily injury" or "property damage" included within the "products -completed operations hazard" that arises out of those portions of the project that are not "residential structures." B. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is amended to add the following subparagraph 4.b.(1)(c) to Condition 4. Other Insurance: [This insurance is excess over.] (c) Any of the other insurance whether primary, excess, contingent or any other basis that is insurance available to you as a result of your being a participant in a "consolidated (wrap-up) insurance mhtml:file://C:1Users\c46436\AppData\Loca1\Microsoft\Windows\Temporary Internet File... 3/31/2014 G18652J 0712 Page 12 of 12 program," but only as respects your involvement in that "consolidated (wrap-up) insurance program." C. SECTION V — DEFINITIONS is amended to add the following definition: "Consolidated (wrap-up) insurance program" means a construction, erection or demolition project for which the prime contractor/project manager or owner of the construction project has secured general liability insurance covering some or all of the contractors or subcontractors involved in the project, such as an Owner Controlled Insurance Program (O.C.I.P.) or Contractor Controlled Insurance Program (C.C.I.P.). "Residential structure" means any structure where 30% or more of the square foot area is used or is intended to be used for human residency including but not limited to single or multifamily housing, apartments, condominiums, townhouses, co-operatives or planned unit developments and also includes their common areas and/or appurtenant structures (including pools, hot tubs, detached garages, guest houses or any similar structures). When there is no individual ownership of units, residential structure does not include military housing, college/university housing or dormitories, long term care facilities, hotels, or motels. Residential structure also does not include hospitals or prisons. This provision 26. does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. Material used with permission of ISO Properties, Inc mhtml:file://C:\Users\c46436\AppData\Local\Microsoft\Windows\Temporary Internet File... 3/31/2014 G140331D 0113 Page 1 of 2 Pol: 5091529468 Eff. 04/01/2014 LB Civil Construction, Inc. BLANKET ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS — WITH PRODUCTS -COMPLETED OPERATIONS COVERAGE It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows: SCHEDULE (OPTIONAL) Name of Additional Insured Persons Or Organizations (As required by "written contract" per Paragraph A. below.) Locations of Covered Operations (As per the "written contract," provided the location is within the "coverage territory" of this Coverage Part.) A. Section 11- Who Is An Insured is amended to include as an additional insured: 1. Any person or organization whom you are required by "written contract" to add as an additional insured on this Coverage Part; and 2. The particular person or organization, if any, scheduled above. B. The insurance provided to the additional insured Is limited as follows: 1. The person or organization is an additional insured only with respect to liability for "bodily injury," "property damage," or "personal and advertising injury" caused in whole or in part by: a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your ongoing operations specified in the "written contract"; or b. "Your work that is specified in the "written contract' but only for "bodily injury" or "property damage" included in the "products -completed operations hazard," and only if: (1) The "written contract" requires you to provide the additional insured such coverage; and (2) This Coverage Part provides such coverage. 2. If the "written contract" specifically requires you to provide additional insurance coverage via the 10/01 edition of CG2010 (aka CG 2010 10 01), or via the 10/01 edition of CG2037 (aka CG 20 37 10 01), or via the 11185 edition of CG2010 (aka CG 20 10 11 85), then In paragraph B.1. above, the words 'caused in whole or in part by' are replaced by the words 'arising out of. 3. We will not provide the additional insured any broader coverage or any higher limit of insurance than: a. The maximum permitted by law; b. That required by the "written contract"; c. That described in B.1. above; or d. That afforded to you under this policy, whichever is less. 4. Notwithstanding anything to the contrary in Condition 4. Other Insurance (Section IV), this insurance is excess of all other insurance available to the additional insured whether on a primary, excess, contingent or any other basis. But if required by the "written contract" to be primary and non-contributory, this insurance will be primary and non-contributory relative to insurance on which the additional insured is a Named Insured. mhtml:file://C:\Users\c46436\AppData\L.ocal\Microsoft\Windows\Temporary Internet File... 3/31/2014 G140331D 0113 Page 2 of 2 5. The insurance provided to the additional insured does not apply to "bodily injury," "property damage," or "personal and advertising injury" arising out of a. The rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: (1) The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and (2) Supervisory, inspection, architectural or engineering activities; or b. Any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this Coverage Part. C. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: 1. The Duties In The Event of Occurrence, Offense, Claim or Suit condition is amended to add the following additional conditions applicable to the additional insured: An additional insured under this endorsement will as soon as practicable: (1) Give us written notice of an "occurrence" or an offense which may result in a claim or "suit" under this insurance, and of any claim or "suit" that does result (2) Except as provided in Paragraph B.4. of this endorsement, agree to make available any other insurance the additional insured has for a loss we cover under this Coverage Part; (3) Send us copies of all legal papers received, and otherwise cooperate with us in the investigation, defense, or settlement of the claim or "suit"; and (4) Tender the defense and indemnity of any claim or "suit" to any other insurer or self insurer whose policy or program applies to a loss we cover under this Coverage Part. But if the "written contract" requires this insurance to be primary and non-contributory, this provision (4) does not apply to insurance on which the additional insured is a Named Insured. We have no duty to defend or indemnify an additional insured under this endorsement until we receive from the additional insured written notice of a claim or "suit." D. Only for the purpose of the insurance provided by this endorsement, SECTION V — DEFINITIONS is amended to add the following definition: "Written contract' means a written contract or written agreement that requires you to make a person or organization an additional insured on this Coverage Part, provided the contract or agreement: 1. Is currently in effect or becomes effective during the term of this policy; and 2. Was executed prior to: a. The "bodily injury" or "property damage"; or b. The offense that caused the "personal and advertising injury," for which the additional insured seeks coverage under this Coverage Part. All other terms and conditions of the Policy remain unchanged. Material used with permission of ISO Properties, Inc. mhtml:file://C:\Users\c46436\AppData\Local\Microsoft\Windows\Temporary- Internet File_.. 3/31/2014 WORKERS' COMPENSATION AND EMPLOYERS' LIABIUTY INSURANCE POLICY WC 04 03 06 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT— CALIFORNIA This endorsement changes the policy to which it Is attached effective on the inception date of the policy unless a different date is Indicated below. (lire following "attaching clause' need be completed only when its en&t.ctpinl Is Issued subsequent to preparalton of the polay,) This endorsement, effective on 10/01/2014 at 12:01 A.M. standard time, forms a part of (DATE) Policy No. WC450354702 Endorsement No. ofthe Zurich American Insurance Company Issued to LB Civil Construction Inc. Premium (If any) $ (NAME OF INSURANCE COMPANY) Authorized Representative We have the right to recover our payments from anyone liable for an injury covered by lids policy. We w9! not enforce our right against the person or organization named in the Schedule. (This agreement apples only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged In the work described in the Schedule. The additional premium for this endorsement shall be 0% of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization All persons or organizations WC 252 (4.84) WC 04 D3 06 (Ed. 4-84) Job Description Pape 1 el POLICY NUMBER: BAP450354802 COMMERCIAL AUTO CA04440310 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: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: LB Civil Construcion Inc. Endorsement Effective Date: 10/01/2014 SCHEDULE Name(s) Of Person(s) Or Organization(s): Only those persons or organizations for whom you are required to waive your rights of recovery under the terms of a written contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Oth- ers 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 "ac- cident" or the "loss" under a contract with that person or organization. CA 04 44 03 10 © Insurance Services Office. Inc.. 2009 Page 1 of 1 Walters Kluwer Financial SenAces • Uniform Forms POLICY NUMBER: BAP450354802 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: LB Civil Construction Inc. Endorsement Effective Date: 10/01/2014 SCHEDULE Name Of Person(s) Or Organization(s): Per Written Contract 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 1I — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section 1 — Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 © Insurance Services Office, Inc.. 2011 Page 1 of 1 Woters Kluwer Financial Services . Uniform Forms''` 7/ (T1 &3 i-✓e5S CITY OF NATIONAL CITY Finance Department 619 336-4330 National City 39 / 56519 01/27/2015 12:01:13.000 Reg CASH11 Validation Receipt CHARGES- 001-00000-3040 BL 76714 $ 200.00 001-00000-3043 SB1186 State Disability A$ 1.00 Sub -total $********201.00 PAYMENT - Visa - visa $ 201.00 geoff bonne Change $**********0.00 THANK YOU! Business Hours: 7:00 - 6:00 Monday through Thursday Closed on Fridays RESOLUTION NO. 2015 — 6 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT IN THE NOT -TO -EXCEED AMOUNT OF $2,841,105 TO LB CIVIL CONSTRUCTION FOR THE "A" AVENUE GREEN STREET IMPROVEMENT PROJECT, AUTHORIZING A 15% CONTINGENCY IN THE AMOUNT OF $426,165.75 FOR ANY UNFORESEEN CHANGES, AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT, AND AUTHORIZING THE APPROPRIATION OF $42,900.00 FROM THE GENERAL FUND TO THE CORRESPONDING EXPENDITURE ACCOUNT FOR STREET LIGHT REFURBISHMENT WHEREAS, the Engineering Division of the Development Services Department, in open session on January 6, 2015, did publicly open, examine, and declare five sealed bids for the "A" Avenue Green Street Improvement Project; and WHEREAS, LB Civil Construction was the lowest responsive bidder with a total bid amount of $2,841,105, and is qualified to perform the work as described in the project specifications; and WHEREAS, a 15% contingency amount up to $426,165.75 for any unforeseen changes to the Project is requested. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for the "A" Avenue Green Street Improvement Project to the lowest responsive, responsible bidder, to wit: LB CIVIL CONSTRUCTION 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 $2,841,105 with LB Civil Construction for the "A" Avenue Green Street Improvement Project. Said contract is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the City Council hereby authorizes a 15% contingency amount up to $426,165.75 for unforeseen changes to the Project. BE IT FURTHER RESOLVED that the City Council hereby authorizes the appropriation of $42,900 from the General Fund to the corresponding expenditure account for Street Light Refurbishment. PASSED and ADOPTED this 20th day of January, ATTEST: V. ° R Michael R. \Dalla, City Clerk Morrison, Mayor APPOVED AS TO FO Claudia Gacitua .ilva City Attorne Passed and adopted by the Council of the City of National City, California, on January 20, 2015 by the following vote, to -wit: Ayes: Councilmembers Cano, Mendivil, Morrison, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON By: Mayor of the City of National City, California 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. 2015-6 of the City of National City, California, passed and adopted by the Council of said City on January 20, 2015. City Clerk of the City of National City, California By: Deputy C Q05- a CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: January 20, 2015 ITEM TITLE: AGENDA ITEM NO. J.7 Resolution of the City Council of the City of National City, 1) awarding a contract in the not -to -exceed amount of $2,841,105.00 to LB Civil Construction for the "A" Avenue Green Street Improvement Project, CIP No. 14-05; 2) authorizing a 15% contingency in the amount of $426,165.75 for any unforeseen changes; 3) authorizing the Mayor to execute the contract; and 4) authorizing the appropriation of $42,900.00 from the General Fund to the corresponding expenditure account for Street Light Refurbishment. PREPARED BY: Stephen Manganiello PHONE: 36-4382 EXPLANATION: 1,See attached. DEPARTMENT: Engineering/Public Works: APPROVED BY: FINANCIAL STATEMENT: APPROVED:, ACCOUNT NO. APPROVED: 001-409-500-598-1595 (Public Works Facility Relocation): $142,840.00 296-409-500-598-6187 (Downtown-Westside Community Connections Grant): $755,365.00 296-409-500-598-6185 ("A' Avenue Green Street and Pedestrian Pathway Grant): $1,900,000.00 001-409-500-598-1396 (Street Light Refurbishment): $42,900.00 ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Explanation 2. Bid Opening Summary 3. Three Lowest Bidders Summary 4. Resolution Q, F (AA) \ - EXPLANATION The "A" Avenue Green Street Improvement Project, CIP No. 14-05, will implement Low - Impact Development (LID) infiltration measures along portions of "A" Avenue between 8th Street and Kimball Park to improve water quality of urban runoff entering the storm drain system which discharges downstream into Paradise Creek at Kimball Park. The project will also construct pedestrian enhancements along the corridor and through the park, including a new plaza and gateway adjacent to the public library. The primary objectives of the project are as follows: 1) Create a "Green Street" that implements Low -Impact Development (LID) infiltration measures to improve water quality of urban runoff entering the storm drain system which discharges downstream into Paradise Creek at Kimball Park. 2) Create a safe, environmentally friendly walking path along "A" Avenue to connect Historic Brick Row, Morgan Square and the 8th Street Revitalization District to City Hall, National City Public Library and Kimball Park. 3) Provide educational opportunities through implementation of interpretative signage and creek-themed art. The scope of work for the construction contract also includes street light painting and refurbishment along portions of National City Blvd, "A" Avenue and W. 8th Street, and various facility upgrades for the relocation of City Public Works as detailed in the attached bid schedule. The contract will be funded in large part through a Proposition 84 Storm Water Grant from the State of California and a SANDAG Smart Growth Incentive Program Grant. On October 3, 2014, the bid solicitation was advertised in local newspapers and posted on the City's website. On October 29, 2014, one (1) sealed bid was received by the 2:30 PM deadline, opened and publically disclosed. Portillo Concrete was the apparent low bidder with a total bid amount of $2,926,670.00. However, their bid was deemed "non -responsive". On October 31, 2014, the bid solicitation was advertised a second time in local newspapers and posted on the City's website. On November 20, 2014, four (4) sealed bid were received by the 10:00 AM deadline, opened and publically disclosed. LB Civil Construction was the apparent low bidder with a total bid amount of $2,699,935.00. Due to a clerical error identified after the bid opening, the bid solicitation process was deemed to be invalid, thereby prohibiting contract award. The scope of work was expanded to include additional line items of work related to the relocation of City Public Works and refurbishment of street lights Downtown. On December 5, 2014, a new bid solicitation was advertised in local newspapers and posted on the City's website. On January 6, 2015, five (5) sealed bid were received by the 10:00 AM deadline, opened and publically disclosed. LB Civil Construction was the apparent low bidder with a total bid amount of $2,841,105.00. Upon review of all documents submitted and reference checks, LB Civil Construction's bid is responsive, and they are the lowest responsible bidder qualified to perform the work as described in the project specifications. Attached are the bid opening results and a summary of the three lowest bidders for your information. Staff recommends awarding a contract in the not to exceed amount of $2,841,105.00 to LB Civil Construction, Inc. for the "A" Avenue Green Street Improvement Project, CIP No. 14-05 and authorizing a 15% contingency in the amount of $426,165.75. Appropriation of funds to corresponding Capital Improvement Program expenditure accounts were established through prior City Council actions, notwithstanding appropriations for the street light refurbishment portion of the contract. Therefore, staff recommends appropriation of $42,900.00 from the General Fund to the corresponding expenditure account for street Tight refurbishment. This amount is included as part of the not to exceed contract award as detailed in the Financial Statement section of the Council Agenda Statement. +}-CALIFORNIA \TI CI _Ni \ L 'I(� i'y INCORPORATED BID OPENING RESULTS NAME: "A" AVENUE GREEN STREET IMPROVEMENT CIP NO.: 14-05 DATE: January 6, 2015 TIME: 10:00 A.M. ESTIMATE: $2,864,860 PROJECT ENGINEER: Ste hen Man'aniello NO. BIDDER'S NAME (PAGE 1-1) BID AMOUNT (PAGE 1-9) ADDENDA (PAGE 1-1) BID SECURITY (PAGE 1-12 - CHECK (PAGE 1-13 (BOND) 1 L.B. Civil Construction 11585 Sorrento Valley Road Suite 104 San Diego, CA 92121 $2,841,105.00 ** Yes Bond 2 Portillo Concrete 3527 Citrus Street Lemon Grove, CA 91945 $2,874,198.00 Yes Bond 3. M.A. Stevens Construction 125 E. 17th Street National City, 91950 $2,989,598.90 ** Yes Bond 4. West Coast General Corp. 13700 Stoway Drive Poway, CA 92064 $3,124,962.50 Yes Bond 5. Pal General Engineering 5374 Eastgate Mall San Diego, CA 92121 $3,392,816.00 No Bond ** FINAL BID AMOUNT CHANGED BASED ON REVIEW OF "QUANTITY x UNIT PRICE" FOR INDIVIDUAL LINE ITEMS OF WORK. -1- A Avenue Green Street Improvements, CIP NO. 14-05 LB Civil Construction, Inc. Contractor's Written Extended Value Portillo Concrete, Inc. Contractor's Written Extended Value M.A. Stevens Construction, Inc. Contractor's Written Extended Value Base Bid General Items Item No. Description Unit Qty. Unit Price Extension (Quantity x Unit Price) Unit Price Extension (Quantityx Unit Price) Unit Price Extension (Quantity x Unit Price) 1 Mobilization/Demobilization LS 1 $164,000.00 $ 164,000.00 $ 125,000.00 $ 125,000.00 $ 72,150.00 $ 72,150.00 2 Water Quality Control LS 1 $ 20,000.00 $ 20,000.00 $ 40,000.00 $ 40,000.00 $ 39,000.00 $ 39,000.00 3 Surveying LS 1 $ 23,000.00 $ 23,000.00 $ 24,000.00 $ 24,000.00 $ 11,700.00 $ 11,700.00 4 Signing and Striping (including salvage and relocation of existing signs) LS 1 $ 18,000.00 $ 18,000.00 $ 36,000.00 $ 36,000.00 $ 41,574.00 $ 41,574.00 5 Clearing and Grubbing LS 1 $175,000.00 $ 175,000.00 $ 250,000.00 $ 250,000.00 $107,640.00 $ 107,640.00 6 Unclassified Excavation LS 1 $110,000.00 $ 110,000.00 $ 40,000.00 $ 40,000.00 $150,605.00 $ 150,605.00 7 Traffic and Pedestrian Control LS 1 $ 35,000.00 $ 35,000.00 $ 50,000.00 $ 50,000.00 $ 52,000.00 $ 52,000.00 8 Removal and replacement of unsuitable material CY 500 $ 105.00 $ 52,500.00 $ 75.00 $ 37,500.00 $ 139.10 $ 69,550.00 LIGHTING AND ELECTRICAL IMPROVEMENTS 9(S) Provide and install single luminaire street light EA 5 $ 7,000.00 $ 35,000.00 $ 6,100.00 $ 30,500.00 $ 8,320.00 $ 41,600.00 10(S) Provide and install twin luminaire street light EA 9 $ 11,000.00 $ 99,000.00 $ 9,700.00 $ 87,300.00 $ 14,157.00 $ 127,413.00 11(S) Provide and install parking lot street light EA 15 $ 6,000.00 $ 90,000.00 $ 5,800.00 $ 87,000.00 $ 6,240.00 $ 93,600.00 12(S) Provide and install electrical pull box EA 31 $ 400.00 $ 12,400.00 $ 1,760.00 $ 54,560.00 $ 425.10 $ 13,178.10 13(5) Provide and install conduit and conductors for electrical system LS 1 $100,000.00 $ 100,000.00 $ 90,000.00 $ 90,000.00 $112,970.00 $ 112,970.00 14(S) Provide and install conduit and pull rope for communication system LS 1 $ 24,000.00 $ 24,000.00 $ 33,000.00 $ 33,000.00 $ 27,300.00 $ 27,300.00 15(S) Provide and install meter pedestal, electrical panel, 12 pole time switch LS 1 $ 8,000.00 $ 8,000.00 $ 8,800.00 $ 8,800.00 $ 9,100.00 $ 9,100.00 16(5) Provide and install rainwater harvesting electrical system LS 1 $ 40,000.00 $ 40,000.00 $ 5,500.00 $ 5,500.00 $ 17,550.00 $ 17,550.00 WATER SYSTEM IMPROVEMENTS 17 Water System Improvements LS 1 $ 9,000.00 $ 9,000.00 $ 8,300.00 $ 8,300.00 $ 13,000.00 $ 13,000.00 18 Provide and install 2" copper water line (type K) in 6" schedule 40 PVC schedule 40 sleeve. LF 220 $ 25.00 $ 5,500.00 $ 128.00 $ 28,160.00 $ 162.50 $ 35,750.00 19 Provide and install 1 1/2" copper waterline (type K) in 6" PVC schedule 40 sleeve LF 110 $ 25.00 $ 2,750.00 $ 115.00 $ 12,650.00 $ 162.50 $ 17,875.00 LB Civil Construction, Inc. Contractor's Written Extended Value Portillo Concrete, Inc. Contractor's Written Extended Value M.A. Stevens Construction, Inc. Contractor's Written Extended Value 20 Provide and install 2" brass ball shut- off valve with locking irrigation pull box EA 2 $ 350.00 $ 700.00 $ 350.00 $ 700.00 $ 3,770.00 $ 7,540.00 21 Provide and install 1 %" brass ball shut-off valve with locking irrigation pull box EA 1 $ 400.00 $ 400.00 $ 350.00 $ 350.00 $ 3,250.00 $ 3,250.00 22 Relocate 2" backflow preventer EA 2 $ 2,000.00 $ 4,000.00 $ 2,000.00 $ 4,000.00 $ 9,750.00 $ 19,500.00 23 Relocate 1 %" backflow preventer EA 1 $ 2,000.00 $ 2,000.00 $ 2,000.00 $ 2,000.00 $ 8,450.00 $ 8,450.00 DRAINAGE IMPROVEMENTS 24 Construct and install catch basin Type I per SDRSD D-29 and frame and grate per SDRSD D-13 and D-15 EA 5 $ 4,500.00 $ 22,500.00 $ 6,000.00 $ 30,000.00 $ 3,250.00 $ 16,250.00 25 Construct and install drainage inlet Type G2 per CALTRANS RSP D73 EA 1 $ 4,800.00 $ 4,800.00 $ 8,500.00 $ 8,500.00 $ 7,800.00 $ 7,800.00 26 Provide and install curb inlet Type B per SDRSD D-02 EA 1 $ 5,000.00 $ 5,000.00 $ 7,500.00 $ 7,500.00 $ 9,750.00 $ 9,750.00 27 Provide and install concrete lug per SDRSD D-63 EA 3 $ 800.00 $ 2,400.00 $ 2,000.00 $ 6,000.00 $ 1,950.00 $ 5,850.00 28 Construct vegetated bioretention basins (complete and in place) SF 2,303 $ 25.00 $ 57,575.00 S 40.00 $ 92,120.00 $ 15.60 $ 35,926.80 29 Construct non -vegetated infiltration basins (complete and in place) SF 2,341 $ 25.00 $ 58,525.00 $ 35.00 $ 81,935.00 $ 13.00 $ 30,433.00 30 Provide and install nutrient separator baffle box LS 1 $ 50,000.00 $ 50,000.00 $ 65,000.00 $ 65,000.00 $ 8,450.00 $ 8,450.00 31 Provide and install 30,000 gallon cistern LS 1 $100,000.00 $ 100,000.00 $ 90,000.00 $ 90,000.00 $175,500.00 $ 175,500.00 32 Provide and install type A6 cleanout wet well per SDRSD D-9 EA 1 $ 25,000.00 $ 25,000.00 $ 65,000.00 $ 65,000.00 $ 6,500.00 $ 6,500.00 33 Provide and install C 12" RCP (2000- D) LF 195 $ 80.00 $ 15,600.00 $ 200.00 $ 39,000.00 $ 162.50 $ 31,687.50 34 Provide and install 12" HDPE LF 39 $ 120.00 $ 4,680.00 $ 132.00 $ 5,148.00 $ 162.50 $ 6,337.50 35 Furnish and install 24" x 24" precast concrete grate inlet EA 1 $ 3,500.00 $ 3,500.00 $ 1,700.00 $ 1,700.00 $ 3,250.00 $ 3,250.00 36 Provide and install 3" schedule 40 LF 205 $ 15.00 $ 3,075.00 $ 55.00 $ 11,275.00 $ 162.50 $ 33,312.50 37 Provide and install 4" schedule 40 PVC LF 15 $ 50.00 $ 750.00 $ 275.00 $ 4,125.00 $ 162.50 $ 2,437.50 38 Furnish and install 6" round landscape grate (green) and SPEE-D basin per NDS or approved equal EA 6 $ 300.00 $ 1,800.00 $ 220.00 $ 1,320.00 $ 325.00 $ 1,950.00 LANDSCAPE IMPROVEMENTS 39 Irrigation LS 1 $ 80,000.00 $ 80,000.00 $ 276,000.00 $ 276,000.00 $143,766.00 $ 143,766.00 LB Civil Construction, Inc. Contractor's Written Extended Value Portillo Concrete, Inc. Contractors Written Extended Value M.A. Stevens Construction, Inc. Contractor's Written Extended Value 40 Landscaping LS 1 $285,000.00 $ 285,000.00 $ 78,000.00 $ 78,000.00 $325,741.00 $ 325,741.00 41 Landscaping 120 calendar day maintenance and plant establishment period LS 1 $ 6,500.00 $ 6,500.00 $ 7,000.00 $ 7,000.00 $ 8,086.00 $ 8,086.00 URBAN DESIGN IMPROVEMENTS 42 Furnish and install permeable pavers SF 760 $ 45.00 $ 34,200.00 $ 20.00 $ 15,200.00 $ 22.75 $ 17,290.00 43 Salvage and reinstall existing pavers SF 870 $ 18.00 $ 15,660.00 $ 10.00 $ 8,700.00 $ 19.31 $ 16,799.70 $ 16,795.35 44 Construct wooden trellis LS 1 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 6,500.00 $ 6,500.00 45 Construct concrete mow strip per SDRSD SDL - 103 LF 250 $ 20.00 $ 5,000.00 $ 20.00 $ 5,000.00 $ 17.88 $ 4,470.00 $ 4,468.75 46 Construct and install decorative art fence LF 560 $ 240.00 $ 134,400.00 $ 185.00 $ 103,600.00 $ 215.80 $ 120,848.00 47 Construct concrete pillar EA 2 $ 3,000.00 $ 6,000.00 $ 7,500.00 $ 15,000.00 $ 4,550.00 $ 9,100.00 48 Construct concrete steps per SDRSD M-26 LS 1 $ 12,000.00 $ 12,000.00 $ 25,000.00 $ 25,000.00 $ 15,600.00 $ 15,600.00 49 Construct and install tubular hand rails per SDRSD M-24 (also shown as SDM-118) LS 1 $ 4,000.00 $ 4,000.00 S 4,000.00 $ 4,000.00 $ 9,360.00 $ 9,360.00 SITE IMPROVEMENTS 50 Construct 4" Type A - PCC sidewalk (natural gray, broom finish) SF 2,800 $ 13.00 $ 36,400.00 $ 33,800.00 $ 8.00 $ 22,400.00 $ 9.10 $ 25,480.00 51 Construct 7.5" Type A - PCC sidewalk (natural gray, broom finish) SF 1,350 $ 15.00 $ 20,250.00 $ 15.00 $ 20,250.00 $ 11.70 $ 15,795.00 52 Construct 4" Type B - colored concrete sidewalk (rock salt finish) SF 9,450 $ 12.00 $ 113,400.00 $ 12.00 $ 113,400.00 $ 13.00 $ 122,850.00 53 Construct 4" Type C colored concrete sidewalk (glass embedded) SF 2,550 $ 30.00 $ 76,500.00 $ 15.00 $ 38,250.00 $ 23.40 $ 59,670.00 54 Construct 4" Type D - Colored Concrete Banding (dark gray acid etch) SF 800 $ 17.00 $ 13,600.00 $ 20.00 $ 16,000.00 $ 19.50 $ 15,600.00 55 Construct 4" Type E - PCC Sidewalk (crushed aggregate) SF 2,250 $ 17.00 $ 38,250.00 $ 10.00 $ 22,500.00 $ 15.60 $ 35,100.00 56 Construct 4" Type F - PCC sidewalk (stamped concrete) SF 1,000 $ 17.00 $ 17,000.00 $ 12.00 $ 12,000.00 $ 13.00 $ 13,000.00 57 Construct concrete curb ramp (all types) EA 12 $ 1,800.00 $ 21,600.00 $ 1,800.00 $ 21,600.00 $ 2,600.00 $ 31,200.00 58 Construct 6" cur per SDRSD G-1 LF 450 $ 40.00 $ 18,000.00 $ 20.00 $ 9,000.00 $ 39.00 $ 17,550.00 59 Construct 6" curb and gutter per SDRSD G-2 LF 950 $ 50.00 $ 47,500.00 $ 30.00 $ 28,500.00 $ 44.20 $ 41,990.00 LB Civil Construction, Inc. Contractor's Written Extended Value Portillo Concrete, Inc. Contractor's Written Extended Value M.A. Stevens Construction, Inc. Contractor's Written Extended Value 60 Construct modified cross gutter per RSD G-12 LF 250 $ 12.00 $ 3,000.00 $ 15.00 $ 3,750.00 $ 13.00 $ 3,250.00 61 Construct ribbon gutter SF 110 $ 60.00 $ 6,600.00 $ 75.00 $ 8,250.00 $ 26.00 $ 2,860.00 62 Construct concrete curb for Medians (Type G-6, B-1) LF 90 $ 35.00 $ 3,150.00 $ 2,800.00 $ 25.00 $ 2,250.00 $ 32.50 $ 2,925.00 63 Construct concrete median passageway, Type A with domes per Caltrans A88A EA 1 $ 4,500.00 $ 4,500.00 $ 7,500.00 $ 7,500.00 $ 3,900.00 $ 3,900.00 64 Construct concrete driveway per SDRSD G-14A SF 180 $ 15.00 $ 2,700.00 $ 15.00 $ 2,700.00 $ 26.00 $ 4,680.00 65 Concrete asphalt concrete pavement TON 950 $ 100.00 $ 95,000.00 $ 130.00 $ 123,500.00 $ 120.90 $ 114,855.00 66 Construct class II aggregate base TON 1,650 $ 40.00 $ 66,000.00 $ 50.00 $ 82,500.00 $ 28.60 $ 47,190.00 67 Provide and install Mirafi RS380i Woven Geosynthetic, or approved equal SF 30,000 $ 0.60 $ 18,000.00 $ 0.80 $ 24,000.00 $ 0.73 $ 21,900.00 $ 21,840.00 68 1.5" asphalt grind and disposal DG 3,800 $ 1.50 $ 5,700.00 $ 1.50 $ 5,700.00 $ 1.85 $ 7,030.00 $ 7,014.80 69 Furnish and install manual retractable bollards per Ameristar 4" x 35.5" or approved equal EA 5 $ 3,000.00 $ 15,000.00 $ 2,700.00 $ 13,500.00 $ 3,185.00 $ 15,925.00 70 Furnish and install fixed bollards per Ameristar 4" x 35.5" or approved equal, complete -in -place EA 2 $ 1,000.00 $ 2,000.00 $ 1,000.00 $ 2,000.00 $ 1,118.00 $ 2,236.00 71 Furnish and install concrete wheel stops per plans EA 36 $ 250.00 $ 9,000.00 $ 60.00 $ 2,160.00 $ 62.40 $ 2,246.40 72 Furnish and install outdoor tri-level tubular bottle filling station/fountain Elkay LK4420BF 1U or approved equal EA 1 $ 9,000.00 $ 9,000.00 $ 8,500.00 $ 8,500.00 $ 5,850.00 $ 5,850.00 73 Repair existing masonry wall per specifications LS 1 $ 30,000.00 $ 30,000.00 $ 8,500.00 $ 8,500.00 $ 6,500.00 $ 6,500.00 74 Field Orders LS 1 $ 5,000.00 $ 5,000.00 $5,000 $ 5,000.00 $5,000 $ 5,000.00 1726 WILSON IMPROVEMENT PLANS 75 Remove and dispose of existing chain link fence LF 100 $ 3.00 $ 300.00 $ 10.00 $ 1,000.00 $ 5.20 $ 520.00 76 Remove and dispose of existing tronc EA 13 $ 1,500.00 $ 19,500.00 $ 1,000.00 $ 13,000.00 $ 325.00 $ 4,225.00 77(S) Relocate Gate EA 1 $ 900.00 $ 900.00 $ 1,000.00 $ 1,000.00 $ 1,040.00 $ 1,040.00 78(S) Relocate ornamental steel fence LS 1 $ 9,000.00 $ 9,000.00 $ 8,500.00 $ 8,500.00 $ 9,751.30 $ 9,751.30 79(S) Relocate post cap EA 1 $ 250.00 $ 250.00 $ 250.00 $ 250.00 $ 260.00 $ 260.00 80(S) Provide and install Ameristar Montage Industrial Invincible Fence (or approved equal) LF 30 $ 200.00 $ 6,000.00 $ 210.00 $ 6,300.00 $ 244.40 $ 7,332.00 LB Civil Construction, Inc. Contractor's Written Extended Value Portillo Concrete, Inc. Contractor's Written Extended Value M.A. Stevens Construction, Inc. Contractor's Written Extended Value 81(5) Provide and install post cap assembly for Invincible Outside Corners EA 1 $ 220.00 $ 220.00 $ 250.00 $ 250.00 $ 260.00 $ 260.00 82 Provide and install concrete pavement section SF 2,400 $ 10.00 $ 24,000.00 $ 7.00 $ 16,800.00 $ 13.00 $ 31,200.00 83 84 Temporary security fencing Provide and install 5 gallon trumpet vine LS EA 1 11 $ 10,000.00 $ 10,000.00 $ 3,000.00 $ 3,000.00 $ 32,500.00 $ 32,500.00 $ 50.00 $ 550.00 $ 95.00 $ 1,045.00 $ 110.50 $ 1,215.50 85 Provide and install irrigation LS 1 $ 600.00 $ 600.00 $ 1,000.00 $ 1,000.00 $ 650.00 $ 650.00 EL TOYON PARK SECURITY CAMERA INSTALLATION 86(S) Furnish and install CAT 6 Table LF 1,000 $ 2.00 $ 2,000.00 $ 4.40 $ 4,400.00 $ 2.28 $ 2,280.00 $ 2,275.00 87(5) Furnish and install 2" conduit LF 300 $ 30.00 $ 9,000.00 $ 22.00 $ 6,600.00 $ 31.85 $ 9,555.00 88(S) Furnish and install CALTrans #5 pullbox with anti -theft insert LF 2 $ 800.00 $ 1,600.00 $ 2,200.00 $ 4,400.00 $ 910.00 $ 1,820.00 89(S) Furnish and install ENCOM Energy NT Radio (single) with integrated antennae (or approved equal) EA 2 $ 2,500.00 $ 5,000.00 $ 3,300.00 $ 6,600.00 $ 2,730.00 $ 5,460.00 90(S) Furnish and install Enable -IT 828WP Ethernet Extender with PoE+powered kit EA 1 $ 1,000.00 $ 1,000.00 $ 1,100.00 $ 1,100.00 $ 1,170.00 $ 1,170.00 91(S) Furnish and install PoE surge protector EA 4 $ 180.00 $ 720.00 $ 225.00 $ 900.00 $ 195.00 $ 780.00 92(S) Furnish and install Etherwan EX46180-00B Unmanaged 8 port 10/100 BASE PoE hardened Ethernet switch (or approved equal) with power supply and panel mounting EA 1 $ 2,500.00 $ 2,500.00 $ 2,400.00 $ 2,400.00 $ 2,795.00 $ 2,795.00 93(S) Installation of city provided cameras LS 1 $ 2,500.00 $ 2,500.00 $ 3,300.00 $ 3,300.00 $ 2,600.00 $ 2,600.00 ADDITIONAL A AVENUE FENCING 94(S) Furnish and install 8' high Black Vinyl Coated Chain Link Fence per SDRSD M-6 LF 150 $ 70.00 $ 10,500.00 $ 66.00 $ 9,900.00 5 77.29 $ 11,593.50 $ 11,592.75 95(S) Furnish and install 8' High Black Vinyl Coated Chain Link 20' Double Swing gate per SDRSD M-5 EA 3 $ 3,500.00 $ 10,500.00 $ 3,200.00 $ 9,600.00 $ 3,705.00 $ 11,115.00 96(5) Demolish and replace existing gate with 8' High Black Vinyl Coated Chain Link 18' Double Swing gate per SDRSD M-5 EA 1 $ 3,200.00 $ 3,200.00 $ 3,000.00 $ 3,000.00 $ 3,445.00 $ 3,445.00 97(5) Demolish and replace existing gate with 8' High Black Vinyl Coated EA 1 $ 2,200.00 $ 2,200.00 $ 2,000.00 $ 2,000.00 $ 2,340.00 $ 2,340.00 Base Bid Total $ 2,777,405.00 Base Bid Total $ 2,821,498.00 Base Bid Total $ 2,913, °n.30 Contractor's Contractor's Contractor's LB Civil Construction, Inc. Written Extended Written Extended Written Value Portillo Concrete, Inc. Value M.A. Stevens Construction, Inc. Extended Value Item No. Description Unit Qty. Unit Price Extension (Quantity x Unit Price) Unit Price Extension A- 98(5) Provide and install 8' high chain link fence at 2101 Hoover Avenue, RSD M-6 LF 400 $ 45.00 $ 18,000.00 $ 43.00 (Quantity x Unit Price) $ 17,200.00 Unit Price Extension $ 50.96 $ 20,384.00 (Quantity x Unit Price) A- 99(S) Provide and install 20' wide double swing chain link gate at 2101 Hoover Avenue, SDRSD M-5, with locking manual latch EA 1 $ 2,800.00 $ 2,800.00 $ 2,500.00 $ 2,500.00 $ 2,925.00 $ 2,925.00 A-100 Paint and refurbish existing streetlights at various locations EA 33 $ 1,300.00 $ 42,900.00 $ 1,000.00 $ 33,000.00 $ 1,591.20 $ 52,509.60 TOTALS CALCULATED BY CITY: Additive Bid Total Base Bid Be Additive Bid Total $ 63,700.00 Additive Bid Total $ 52,700.00 Additive Bid Total $ 75,818.60 $ 2,841,105.00 TOTALS CALCULATED BY CONTRACTORS: 2,838,155.00 Base Bid & Additive Bid Total $ 2,874,198.00 Base Bid & Additive Bid Total $2,989,598.90 2,874,198.00 2,989,512.35 RESOLUTION NO. 2015 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT IN THE NOT -TO -EXCEED AMOUNT OF $2,841,105 TO LB CIVIL CONSTRUCTION FOR THE "A" AVENUE GREEN STREET IMPROVEMENT PROJECT, AUTHORIZING A 15% CONTINGENCY IN THE AMOUNT OF $426,165.75 FOR ANY UNFORESEEN CHANGES, AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT, AND AUTHORIZING THE APPROPRIATION OF $42,900.00 FROM THE GENERAL FUND TO THE CORRESPONDING EXPENDITURE ACCOUNT FOR STREET LIGHT REFURBISHMENT WHEREAS, the Engineering Division of the Development Services Department, in open session on January 6, 2015, did publicly open, examine, and declare five sealed bids for the "A" Avenue Green Street Improvement Project; and WHEREAS, LB Civil Construction was the lowest responsive bidder with a total bid amount of $2,841,105, and is qualified to perform the work as described in the project specifications; and WHEREAS, a 15% contingency amount up to $426,165.75 for any unforeseen changes to the Project is requested. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for the "A" Avenue Green Street Improvement Project to the lowest responsive, responsible bidder, to wit: LB CIVIL CONSTRUCTION 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 $2,841,105 with LB Civil Construction for the "A" Avenue Green Street Improvement Project. Said contract is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the City Council hereby authorizes a 15% contingency amount up to $426,165.75 for unforeseen changes to the Project. BE IT FURTHER RESOLVED that the City Council hereby authorizes the appropriation of $42,900 from the General Fund to the corresponding expenditure account for Street Light Refurbishment. PASSED and ADOPTED this 20th day of January, 2015. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia Gacitua Silva City Attorney +�* CA,LIFOI IVIA 1 `` I O NA INCORPORATED City Council Meeting January 20, 2015 Project (Engineering & Constructioref $2.5 million Prop 84 Storm Water Grant $800,000 SANDAG Smart Growth Grant $200,000 Local Funds Project Objectives Create a "Green Street" that implements Low -Impact Development (LID) infiltration measures to improve water quality of urban runoff entering the storm drain system which discharges downstream into Paradise Creek at Kimball Park. Create a safe, environmentally friendly walking path along "A" Avenue to connect Historic Brick Row, Morgan Square and the 8th Street Revitalization District to City Hall, National City Public Library and Kimball Park. Provide educational opportunities through implementation of interpretative signage and creek-themed art. Construction Schedule February 2015 - October 2015 xect D Elements Gateway Plaza at Public Library New Parking Lot (46 spaces) near Basketball Courts (new skate park will be constructed adjacent to Paradise Creek as separate project) Underground Concrete Cistern (30,000 gal) for Rainwater Harvesting & Irrigation Reuse Bioretention & Infiltration Basins r Lighting and Landscaping > Educational Creek-Themed Art Wall >Pedestrian Pathway through Kimball Park >Traffic Calming, Pedestrian & ADA (Americans With Disabilities Act) Enhancements hEI r- (. II-�I i CO }I W (/) 0.1 i rMNINI • I - - limo I 1111913 IN `.T ■ bignifi • 1.4 aummi KIMBALL PARK 36 1 i i i i it, EAST 9TH STREET ri • -4 ov a c r 73> a Plaza a lvd (Coolidge Avenue to "A" Ave, e) Restripe roadway for future traffic calming, pedestrian, transit and parking enhancements as part of SANDAG Smart Growth Grant Project 1726 ilsoAve Move southern fence line along 18th Street and add N2,000 s.f. of concrete for additional parking and storage to improve Public Works operations 2101 Hoover Ave (warehouse formerly leased by "Christmas in July") Secure property with 8' high black vinyl coated chain link fence "A" Avenue Secure Parking behind City Hall Install 8' high black vinyl coated chain link fence with swing gates behind City Hall to create 9 secure parking spaces for Public Works (Parks & Custodial) and Neighborhood Services (Graffiti Abatement) to Security Camera Infrastructure for Public Works Parking Lot next to Granger Music Hall y Install infrastructure to connect security cameras and establish communications back to City Hall & Police Dept. Paint & Refurbish Existing Streetlights Downtown Proposed locations include "A" Avenue, W. 8th Street and National City Blvd CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950 619-336-4228 phone / 619-336-4229 fax Michael R. Dalla, CMC - City Clerk L.B. CIVIL CONSTRUCTION "A" Avenue Green Street Improvement Project Spec. No. 14-05 Judy Hernandez (Engineering) Forwarded Copy of Contract to L.B. Civil Construction