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2015 CON New Century Construction - "D" Ave and E 12th St Roundabout Sp 15-02
OWNER - CONTRACTOR AGREEMENT D AVENUE AND E. 12T" STREET ROUNDABOUT IMPROVEMENTS, CIP NO.15-02 This Owner -Contractor Agreement ("Agreement") is made by and between the City of National City, 1243 National City Boulevard National City, California 91950 and New Century Construction, Inc. ("Contractor"), 9119 Emerald Grove Avenue, Lakeside, CA 92040 on the 21st day of April, 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. 5. AUTHORIZED OWNER REPRESENTATIVES On behalf of the Owner, the Project Manager designated at the pre -construction meeting shall be the Owner's authorized representative in the interpretation and enforcement of all Work performed in connection with this Agreement. 6. WORKERS' COMPENSATION INSURANCE a) By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement. b) The Contractor shall require each subcontractor to comply with the requirements of Section 3700 of the Labor Code. Before commencing any Work, the Contractor shall cause each subcontractor to execute the following certification: "I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement." 7. ENTIRE AGREEMENT; CONFLICT The Contract Documents comprise the entire agreement between the Owner and the Contractor with respect to the Work. In the event of conflict between the terms of this Agreement and the bid of the Contractor, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid conflicting herewith. 8. MAINTENANCE OF AGREEMENT DOCUMENTATION Contractor shall maintain all books, documents, papers, employee time sheets, accounting records and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by Owner and copies thereof shall be furnished to Owner if requested. 9. INDEPENDENT CONTRACTOR At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee, agent, partner or joint venturer of the Owner. Owner shall have the right to control Contractor insofar as the results of Contractor's services rendered pursuant to this Agreement; however, Owner shall not have the right to control the means by which Contractor accomplishes such services. 10. LICENSES AND PERMITS Contractor represents and declares to Owner that it has all licenses, permits, qualifications and approvals of whatever nature which are legally required to practice its profession. Contractor represents and warrants to Owner that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any licenses, permits, qualifications or approvals which are legally required for Contractor to practice its profession. 11. GOVERNING LAW, VENUE This Agreement and the Contract Documents shall be construed under and in accordance with the laws of the State of California, and the appropriate venue for any action or proceeding arising from this Agreement and/or the Contract Documents shall be had in the Superior Court of San Diego, Central Branch. 12. COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall for all purposes be deemed to be an original. 13. FALSE CLAIMS Contractor acknowledges that if a false claim is submitted to the Owner, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the Owner seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys' fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. I have read and understood all of the provisions of this Sec on 15, above: (Initial) (Initial) 14. AGREEMENT MODIFICATION This Agreement and the Contract Documents may not be modified orally or in any manner other than by an amendment in writing and signed by the Owner and the Contractor. IN WITNESS WHEREOF this Agreement is executed as of the date first written above. Owner: ayor, City of National ity Atte t: City Clerk, City City Contractor: New Century Construction, Inc. kz,6P (Owner/Officer signature) LLS6 J716--u ge2G, .II"- Pr?.ES, Print name and title of National (Second officer signature if a corporation) (xxLOo 0j ems) Print name and title Contractor's City Business License No. cl (eSr 2 4,2 State Contractor's License No. and Class It( i C-Fm �'AtA9 Csizavh- (As i6. Business street address LAKat OZ, G4 `1 Za 3 City, State and Zip Code 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. CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of ( San Diego ) On Y—.3°-< before me, Susan Leggitt, Notary Public (insert name and title of the officer) personally appeared Lee P. Shellberg II who proved to me on the basis of satisfactory evidence to be the person(s) whose name(&) is/arf subscribed to the within instrument and acknowledged to me that he/sheftkey executed the same in his/her/their authorized capacity(ies), and that by his/her/theirsignature(s-on the instrument the person(&), or the entity upon behalf of which the persons) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature us an Leggitt, Notary Public (Seal) SUSAN LEGGITT Commission # 2101918 Notary Public - California San Diego County M Comm. Exaires Mar29, 2019 It .FROM : From Lee Paul Shellberg 1I PHONE NO. : Apr. 09 1995 09:50AM P1 2050643 ENDORSED - FILED ARTICLES OE' INCORPORATION in the Office of the Secretary of State 0 r of the State of California NEW CENTURY CONSTRUCTION, INC. *Ir*R 2 3 2000 BILL JONES. SOWOO y of Sfax The name of the corporation is New Century Construction, Inc. I II The purpose of this corporation is to engage in any lawful act or activity for which a corporation may be organized under the General Corporation Law of California other than the banking business, the trust company business or the practice of a profession permitted to be incorporated by the California Corporations Code. III The name and address in the State of California of this corporation's initial agent for service of process is: Lee P. Shellberg, II 3506 Mar1esta Dr. San Diego, CA 92111 IV This corporation is authorized to issue only one class of shares of stock and the total number of shares which this corporation is authorized to issue is 100,000. The corporation is authorized to indemnify the directors and officers of the corporation to the fullest extent permissible under California law. Dated: March 21, 2000 Lee P. Shellberg I hereby declare that I am the person who executed the foregoing Articles of Incorporation, which execution is my act and deed. Lee P. Shellberg 0 •FROM : From Lee Paul Shellberg II PHONE NO. : Apr. 09 1995 09:50AM P2 ADOPTION OF BYLAWS, APPOINTMENT OF DIRECTORS AND OFFICERS AND RESIGNATION OF INCORPORATOR OF NEW CENTURY CONSTRUCTION, TNC. As the incorporator of New Century Construction, Inc., a California corporation, pursuant to Articles of Incorporation filed with the Secretary of State of the State of California, on March 23, 2000, the undersigned does hereby take Lhe following actions, in accordance with, Section 210 of the California Corporations Code: The Bylaws attached hereto as Exhibit "A" are hereby adopted as the Bylaws of New Century Construction, Inc. a California Corporation. The following persons are hereby appointed to act as the initial directors of New Century Construction, Inc., a California corporation, until the election of their successors: Lee P. Shellberg, II The following are hereby elected to act as the initial officers of New Century Construction, Inc., a California corporation, until the election of their successors: )President Lee P. Shellberg, II Secretary Lee P. Shellberg, II Treasurer Lee P. Shellberg, II Dated; March 24, 2000 ge4 f Lee P. Shellber I hereby resign as incorporator of New Century Construction, Inc., a California corporation, effective immediately. Dated: March 24, 2000 /i Lee P. Shellberg, EXHIBIT A CONTRACT DOCUMENTS Owner/Contractor Agreement Bid Schedule Addenda Plans Special Provisions (Specifications) San Diego County Regional Standard Drawings City of National City Standard Drawings Standard Specifications for Public Works Construction and Regional Supplements (Greenbook) State Standard Specifications State Standard Plans California Building, Mechanical, Plumbing and Electrical Codes Permits issued by jurisdictional regulatory agencies Electric, gas, and communications companies specifications and standards Sweetwater Authority specifications and standards Specifications, standards and requirements of MTS, BNSF, SANDAG, Port of San Diego and all other agencies that may be adjacent and/or affected by the project. EXHIBIT B CONTRACT PRICE (NOTE - TO BE COMPLETED TO CONFORM WITH BID SCHEDULE ITEMS) CORPORATE CERTIFICATE 1, LEE- P site-a4g)2 —? 23, certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that LE6 R SHEu8Ei i , who signed said contract on behalf of the Contractor, was then qasi o-c 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. aoU AL. certify that I am the Secretary of the Corporation named as Contractor n the foregoing Contract; that who signed said contract on behalf of the Contractor, was then j of said Corporation; that sai contract was duly signed for and in behalf of said Corporation by authority of its verning body and is within the scope of its corporate powers. Corporate Seal: STATE OF COUNTY OF PARTNERSHIP CERTIFICATE ss On this day of , 2015, before me, the undersigned, a Notary Public in and for said County and State, personally appeared: (Notary Seal) nown 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: This Bond was Executed in Three (3) Identical Counterparts THE ANAL PREMIUM IS PREDICATED ON THE FINAL CONTRACT PRICE PERFORMANCE BOND Bond No. 5196481 Premium: $18,459.00 WHEREAS, the City Council of the City of National City, by Resolution No. 2015-52, passed the 21st day of April, 2015 has awarded to New Century Construction, Inc., hereinafter designated as the "Principal", the D AVENUE AND E. 12TH STREET ROUNDABOUT IMPROVEMENTS, CIP No. 15-02. 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 SureTec Insurance Company as surety, are held and firmly bound unto the City Council of the City of National City, hereinafter called the "Council", in the penal sum of One Million Four Hundred Ninety Five Thousand, Eight Hundred Ninety Nine Dollars No/100 ($1,495,899.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the above bounden Principal, his/her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said contract any alteration thereof made as therein provides, on his or their part, to be kept and performed at the time and in the amount therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of National City, the City Council, their officers, agents, and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. And the said Surety, for value received,` hereby stipulates and agrees that no change, extension Vftime, alteration Oraddition tOthe terms Vfthe contract Orb}the work to be performed herein or the specifications accompanying the same shall in any Vv(58 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 VVO[k ortQthe specifications. In the event Sub is brought upon this bond by the [bv 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 Principal and Surety above named, on the 27th day of April 2015. ,.o (SEAL) New Century Cons uubon.|nc. (SEAL) ��� E4��r � (SEAL) Arturo ala.Attorn' (SEAL) /a /r (SEAL) Surety Principal See Affached PERFORMANCE BOND A7TORNEY-|N-FACTACKNOWLEDGEMENT OFSURETY 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 asSurety in said instrument, and acknowledged to me that he subscribed the name of said corporation thereto asSurety, and his own name asattorney-in-fact. } NOTE: Signature of those executing for Surety must be properly | acknowledged. NOTE: The Attorney-in-faCt n1USt attach a certified copy of the Power of Attorney. Signature: Name (Type orPhnt): Notary Public inand for said County and State MyCommission expires: 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. CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County tof( San Diego ) 7 On -- 347 't 3 before me, Susan Leggitt, Notary Public (insert name and title of the officer) personally appeared Lee P. Shellberg II who proved to me on the basis of satisfactory evidence to be the person(s)whose name($-is/annubscribed to the within instrument and acknowledged to me that he/she/tha -executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s}on the instrument the person(s) or the entity upon behalf of which the person(sracted, 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 Susan Leggitt, Notary Public XV v (Seal) SUSAN LEGG TT Commission • 2101918 L Notary Public - California San Diego County My Comm. Frpires Mar 29, 2019 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 Orange On 4/27/15 Date before me, Karen L. Ritto personally appeared Arturo Ayala } Insert Name of Notary exactly as it appears on the official seal Name(s) of Signer(s) , Notary Public, KAREN L. RITTO COMM. f#1965188 r Notary Public-Ctjlifothla OR1NCr. COUNTY t' %My Comm Ix,,;r'„Deo3O 2615J Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ere subscribed to the within instrument and acknowledged to me that he/stizasit.bey executed the same in his/imedticeir authorized capacity(ies:), and that by hisibezdheax signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand Signature OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Performance Bond Document Date: 4/27/15 Number of Pages: Three Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Arturo Ayala ❑ Individual ❑ Corporate Officer —Title(s): ❑ Partner ❑ Limited ❑ General g Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s): ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here POA tl: 510023 SureTec Insurance Company LIMITED POWER OF ATTORNEY Bond,No. 5196481 Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Arturo Ayala, Daniel Huckabay, Dwight Reilly, Andrew Waterbury its true and lawful Attorney -in -fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for: Five Million and 00/100 Dollars ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in -Fact may do in the premises. Said appointment shall continue in force until 10/31/2016 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorneys) -in -Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20th of April, 1999) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 21 st day of March, A.D. 2013. ss: w w.i a 01k ' CO I `•. J f ^cr * uI v, On this 21st day of March, A.D. 2013 before me personally came John Knox Jr., to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. SURETEC INSURANCE COMPANY By: John ox Jr. 'resident JACQUELYN MALDONADO Notary Public State of Texas My Comm. Exp. 5/18/2017 State of Texas County of Harris Jacq'helyn Maldonado, Notary Public My commission expires May 18, 2017 I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this 27th day of April _ , 2015 , A.D. Bre , t Beaty, Assistant ecretary Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call (713) 812.0800 any business day between 8:00 am and 5:00 pm CST. This Bond was Executed in Three (3) Identical Counterparts THE FINAL PREMIUM |5 PREDICATED ONTHE FINAL CONTRACT PRICE PAYMENTBOND Bond No. 5108481 Premium Included on Performance Bond WHEREAS, the City Council ofthe City ofNational City, byResolution No. 3D15-52Lpassed the 21« day of April, 20I5 has awarded New Century Construction, Inc. ' hereinafter designated asthe "PrinCipai", the DAVENUE AND E.12TxSTR{JUNDAB{JUT|K8PROVEKOENTS,C|PNO.15'OZ. WHEREAS, said Principal is required bvChapter 5 (commencing at Section 3225) and Chapter 7(commencing 8tSection 3247),Title I5,Part 4,Division 3Ofthe California Civil Code tVfurnish a bond in Connection with said contract; NOW, THEREFORE, we, the Principal and SureTeoInsurance Company as surety, are held and firmly bound unto the City Council of the City ofNational City, hereinafter called the "Counci/",iothe penal sum of One Million Four Hundred Ninety Five Thousand, Eight Hundred Ninety Nine Dollars Nn/100 ($1'495,899.80) lawful money of the United State5, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointlyand severally, firmly bythese pr8sents. THE CONDITION DFTHIS OBLIGATION |SSUCH that ifsaid Principal, his/her orits subcontractors, heirs, executors, administrators, successors, or assigns shall fail to pay any ofthe persons named in Section 3l81ofthe California Civil Code, oramounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, orfor any amounts required tobe deducted, withheld, and paid over to the Franchise Tax Board from the vvaQe5 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, areasonable attorney`sfee, 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 g right of action to such persons or their assigns in any suit brought upon this bond. It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work Of impr0ve[nenthengin3bOve described orpertaining Qrrelating tothe furnishing Oflabor, materials, or equipment therefore, not by any change or modification of any terms of payment orextension ofthe time for any payment pertaining orrelating toany scheme or work of improvement hereinabOve described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting tOlimit the right ofrecovery ofclaimants otherwise entitled torecover under any such contract Vragreement ;runder the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor ofall persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner of Public Entity and original contractor or on the part of any obliges named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 32lOor31I2ofthe California Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice 0fany such change, extension oftime, addition, alteration 0rmodification herein mentioned. IN WITNESS WHEREOF three identical counterparts of this instrument, each of which shall for all purposes bedeemed aDoriginal thereof have been duly executed bythe Principal and Surety above named, onthe 27th day of April ,3U15. BEAU New Century ,n.|n� (SEAL) �� '' 1SEAA —~-= / . pw~I/ (SEAL) Arturo Ayala, Attorney--"i-n-Fact (SEAL) P -17 (SEAL) Principal See Attached ATTDR0BAN-FACTACKNOWLEDGEMENT OFSURETY 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 Darn9d as Surety in said instrument, and acknowledged to me that he subscribed the name of said corporation thereto asSurety, and his own name a5attorney-in-fact. NOTE: Signature of those executing for Surety must be properly NOTE: The Atorney-in-fac± must attach a certified copy of the Power of Attorney. Signature: Name (Type or Print): (Notary Public in and for said County and State) &4yCommission expires: ATTACH ALL BONDS 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. CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of ( San Diego ) Cr— On .33" ` 3 before me, Susan Leggitt, Notary Public (insert name and title of the officer) personally appeared Lee P. Shellberg II who proved to me on the basis of satisfactory evidence to be the person(s)whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/tbey executed the same in hiss/tom authorized capacity(ies), and that by hiss/theirsignature(syon the instrument the persons), or the entity upon behalf of which the persons acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Susan Leggitt, Notary Public (Seal) SUSAN LEGGITT Commission , 2101918 Notary Public - California I San Diego County Comm. Expires Mar 29, 2019 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 Orange On 4/27/15 Date before me, Karen L. Ritto personally appeared Arturo Ayala } Insert Name of Notary exactly as it appears on the official seal Name(s) of Signer(s) , Notary Public, KAREN L. RITTO COMM. #1965188 Notary Public -California ORANGE COUNTY My Comm. Expires Dec 30,2015 ! Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person*) whose name() is/aare subscribed to the within instrument and acknowledged to me that he/siosethetyc executed the same in his/fevedtlmeir authorized capacity(ipec), and that by histecithesix 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 han Signature OPTIONAL Signatur %eal. Karen L. Ritto 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: Payment Bond Document Date: 4/27/15 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Arturo Ayala ❑ Individual ❑ Corporate Officer —Title(s): Number of Pages: Three ❑ Partner ❑ Limited ❑ General yi Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s): ❑ Partner ❑ Limited El General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here POA il: 510023 SureTec Insurance Company LIMITED POWER OF ATTORNEY Bond No. 5196481 Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Arturo Ayala, Daniel Huckabay, Dwight Reilly, Andrew Waterbury its true and lawful Attorney -in -fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for: Five Million and 00/100 Dollars ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the. President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in -Fact may do in the premises. Said appointment shall continue in force until 10/31/2016 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20th of April, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 21 st day of March, A.D. 2013. 9 pANCF z f'�, •9, O W u �' State of Texas ss:/ County of Harris ••••- On this 21st day of March, A.D. 2013 before me personally came John Knox Jr., to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. JACOUELYN MALDONADO Notary Public State of Texas My Comm. Exp. 5/18/2017 SURETEC INSURANCE COMPANY By: John ox Jr ' resident JacgYielyn Maldonado, Notary Public My commission expires May 18, 2017 1, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this 27th day of April 2015 , A.D. refit Beaty, Assistant Secretary Any instrument issued in excess of the penalty stated above is totally vnid and without any validity. For verification of the authority of this power you may call (713) d12-08i10 any business day between 8:00 am and 5:00 pm CST. NEWCE-2 OP ID: PK '`'"" CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) oa/27/2o1s 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 SCF Insurance Services, Inc. License # 0606662 P.O. Box 1300 La Mesa, CA 91944-1300 Ingrid Van Moppes, CLU CONTACT NAME: PHONE FAX (A1C, No, Ext): (AIC, No): E-MAILADDRESS: INSURER(S) AFFORDING COVERAGE NAIC/ INSURERA: Hartford Fire Ins. Co. 29424 INSURED New Century Construction Inc Lee 9119 Emerald Grove Avenue Lakeside, CA 92040-3605 INSURERB: INSURER C INSURER D: INSURER E : INSURER F : • --......_... _ .................. RC VIJIUN IVVIYI[ILK: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUER WVD POLICY NUMBER (MMIDDYIYYY) (MMIDID EXP LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence) $ CLAIMS -MADE OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GENL AGGREGATE LIMIT APPLIES PER. PRODUCTS - COMP/AGG $ POLICY PEa LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMI f (Ea accident) $ 2,000,000 A X ANY AUTO ALL OWNED — SCHEDULED X 72UECUR6232 04/27/2015 09/13/2015 BODILY INJURY (Per person) $ X A AUTOS AUTOS NON -OWNED BODILY INJURY (Per accident) $ X HIRED AUTOS X — AUTOS PROPERTY DAMAGE (PER ACCIDENT) $ UMBRELLA LIAB EXCESS _ OCCUR EACH OCCURRENCE $ LIAB CLAIMS -MADE AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y l N WC STATU- OTH- TORY LIMITS ER ANY PROPRIETORIPARTNERfEXECUTNE OFFICERIMEMBER EXCLUDED? N I A E.L. EACH ACCIDENT $ (Mandatory In NH) If yes, describe under E.L. DISEASE - EA EMPLOYEE $ D DESCRIPTION OF OPERATIONS bebw E.L. DISEASE - POLICY LIMIT $ A A Property Section Equipment Floate 72SBATU7684 72MSVZ8897 06/25/2014 06/25/2014 06/25/2015 06/25/2015 BPP 7,100 Equipment 22,000 DESCRIPTION OF OPERATIONS / LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) City of National City and its elected officials, officers, employees, agents representatives, consultants, contract employees and volunteers are hereby added as additional insured but only as respects work done by, for, or on behalf of the named insures per attached endorsement HA990201. Project name: D Avenue and E. 12th Street Roundabout Improvements CONT I"Cf Tlrl,-n-r, 110-s1 mr r. CANCELLATION CITYOFN City of National City 1243 National City Blvd. National City, CA 91950 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2010/05) @ 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD NOTEPAD: HOLDER CODE CITYOFN INSURED'S NAME New Century Construction Inc NEWCE-2 OP ID: PK PAGE 2 Date 04/27/2015 CIP No. 15-02 Notification of expiration or proposed cancellation of insurance policy not less that 30 days before expiration or cancellation is effective. Language cannot be altered or deleted regarding cancellation clause. POLICY NUMBER: 72UECUR6232 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NAMED PERSON(S) OR ORGANIZATION(S) AS INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM TRUCKERS COVERAGE FORM This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement effective Named Insured: New Century Construction Inc. (Authorized Representative) Named Person(s) or Organization(s): City of National City and its elected officials, officers, employees, agents, representatives, consultants, contract employees and volunteers (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Each person or organization named above is an "insured" for LIABILITY COVERAGE, but only to the extent that person or organization qualifies as an "insured" under the WHO IS AN INSURED provision of SECTION II LIABILITY COVERAGE. Form HA 990201 87 Printed in U.S.A. A I' CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY) 05/01/2015 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 OP Insurance Agency, Inc 8100 La Mesa Blvd. #105 La Mesa, CA 91942 License #: OH65134 CONTACT NAME: George Ohnesorgen PHONE FAX (A/C. No. Est): (619)741-0160 INC. No): (619)489-3653 E-MAILSS: george@op-insurance.com INSURERS) AFFORDING COVERAGE NAIC O INSURERA: Crum & Forster Specialty Ins Co INSURED New Century Construction Inc DBA New Century Construction 9119 Emerald Grove Ave. Lakeside, CA 92040 INSURERB: Financial Pacific Ins Co INSURER C: California Insurance Company INSURERD: Navigators Insurance Company INSURER E: INSURER F : CERTIFICATE NUMBER: • THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR wVD POLICY NUMBER POLICY EFF (MMIDDIYYYY) POLICY EXP (MMIDD/YYYY) LIMITS A GENERAL LIABILITY Y Y EPK-106516 12/23/2014 12/23/2015 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES $ 1 00,000 CLAIMS -MADE I X OCCUR (Ea occurrence) MED EXP (Any one $ 5,000 person) PERSONAL 8ADV INJURY $ 1,000,000 -- GENERAL AGGREGATE $ 2,000,000 $ 2,000,000 $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG 7 POLICY X Fjler LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ A ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED AUTOS BODILY INJURY (Per accident) $ H HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ B UMBRELLA LIAB X OCCUR 27304103 03/23/2015 12/23/2015 EACH OCCURRENCE $ 2,000,000 X EXCESS LIAB CLAIMS -MADE AGGREGATE $ 2,000,000 DED RETENT ON$ $ C WORKERS COMPENSATION ANDEMPLOYERS' LIABILITY Y / N Y 460051640111 07/06/2014 07/06/2016 X we STATu- oTH- TORY LIMITS ER OFFICER/MEMBER EXCLUDED? PROPRIETOR/PARTNER/EXECUTIVEANY Y NIA E. L. EACH ACCIDENT $ 1,000,000 (Mandatory in NH) If describe E.L. DISEASE - EA EMPLOYEE $ 1,000,000 yes, under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 D Builders Risk 04-BR010087 05/01/2015 05/01/2016 Covered Property 1,500,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule if more space Is required) RE: D Avenue and E. 12th Street Roundabout Improvements/CIP No. 15-02 The City of National City and its elected officials, officers, employees, agents, representatives, consultants, contract employees and volunteers are hereby added as addtional insureds per attached endorsements. Waiver of subrogation applies to workers compensation and general liability per attached endorsements. General Liability insurance is primary per attached endorsement. ***30 day written notice of cancellation/10 day non-payment (continued on ACORD 101 Additional Remarks Schedule) CANCELLATION City of National City 1243 National City Blvd National City, CA 91950 ACORD 25 (2010/05) 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 1988-201CORD The ACORD name and logo are registers* th& of..ACO Prin PORATIO �..(GWO) hts reserved. on May 01, 2015 at 02:11 PM ACORD AGENCY CUSTOMER ID: 00000080 LOC #: ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY OP Insurance Agency, Inc POLICY NUMBER N/A CARRIER Multiple Carriers NAIC CODE NAMED INSURED New Century Construction Inc DBA New Century Construction EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance (continued from Description of Operations) CGL Deductible- $2,500, Builders Risk Deductible- $5,000 ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Printed by GWO on May 01, 2015 at 02:11 PM Policy Number: EPK-106516 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY NON CONTRIBUTORY INSURANCE ENDORSEMENT FOR SPECIFIED PROJECT This Endorsement shall not serve to increase our limits of insurance, as described in SECTION III - LIMITS OF INSURANCE. In consideration of the payment of premiums, it is hereby agreed as follows. Solely with respect to the specified project listed below and subject to all terms, conditions and exclusions of the policy, this insurance shall be considered primary to the Additional Insured listed below if other valid and collectible insurance is available to the Additional Insured for a loss we cover for the Additional Insured under COVERAGE A. It is also agreed that any other insurance maintained by the additional insured shall be non-contributory. Additional Insured(s) Any person or organization when you have agreed in writing in a contract or agreement that such person or organization be added as an Additional Insured on a primary and non contributory basis. Specified Project Where specified by written contract. All other terms, conditions and exclusions under the policy are applicable to this Endorsement and remain unchanged. CFENV 01 036 10 13 Includes copyrighted material of American Safety Indemnity Company with its permission Copyright© 2004 American Safety Indemnity Company Page 1 of 1 POLICY NUMBER: EPK-106516 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organiza- tion(s) Any person or organization when you have agreed in writing in a contract or agreement that such person or organization be added as an Additional Insured for Completed Opera- tions Coverage. Location And Description Of Completed Operations Where specified by written contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products - completed operations hazard". CG20370704 © ISO Properties, Inc., 2004 Page 1 of 1 0 POLICY NUMBER: EPK-106516 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organiza- tion(s) Any person or organization when you have agreed in writing in a contract or agreement that such person or organization be added as an Additional Insured. Location(s) Of Covered Operations Where specified by written contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 0 POLICY NUMBER:EPK-106516 COMMERCIAL GENERAL LIABILITY CG 24 04 10 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person or organization when you have agreed in writing in a contract or agreement to waive your right of recovery against such person or organization. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV — COMMER- CIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 10 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 0 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 01 03 03 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( ) Specific Waiver Name of person or organization: (x) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: 3. Premium 1500 The premium charge for this endorsement shall be of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Minimum Premium 5. Advance Premium This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. Endorsement Effective 07/06/14 Policy No. 46-005164-01-11 Insured New Century Construction, Inc. Insurance Company California Insurance Company Countersigned by Endorsement No. 9 Premium $ 1,500.00 RESOLUTION NO. 2015 — 52 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO NEW CENTURY CONSTRUCTION, INC., IN THE NOT -TO -EXCEED AMOUNT OF $1,495,899 FOR THE "D" AVENUE AND EAST 12T" STREET ROUNDABOUT INSTALLATION PROJECT, INCLUDING THE WAR MEMORIAL ARCHITECTURAL IMPROVEMENTS, AUTHORIZING A 15% CONTINGENCY IN THE AMOUNT OF $224,384.85 FOR ANY UNFORESEEN CHANGES, AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT, AND AUTHORIZING AN APPROPRIATION IN THE AMOUNT OF $200,000 IN GENERAL FUND FOR SAFE ROUTES TO SCHOOL GRANT MATCH WHEREAS, on March 26, 2015, the Engineering Department publicly opened, examined, and declared six (6) sealed bids for the "D" Avenue and East 12th Street Roundabout Installation Project, including the War Memorial Architectural Improvements; and WHEREAS, New Century Construction, Inc., was the lowest responsive bidder qualified to perform the work as described in the project specifications with a total bid amount of $1,495,899; and WHEREAS, a 15% contingency amount up to $224,384.85 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 "D" Avenue and East 12th Street Roundabout Installation Project, including the War Memorial Architectural Improvements, to the lowest responsive, responsible bidder, to wit: NEW CENTURY CONSTRUCTION, INC. BE IT FURTHER RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute on behalf of the City a contract in the amount of $1,495,899 with New Century Construction, Inc., for the "D" Avenue and East 12th Street Roundabout Installation Project, including the War Memorial Architectural Improvements. 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 $224,384.85 for any unforeseen changes to the Project. BE IT FURTHER RESOLVED that the City Council hereby authorizes an appropriation in the amount of $200,000 in General Fun for Safe Routes to School grant match. PASSED and ADOPTED this 21st day of April, 2015 ATTEST: Michael R. Dalla, City lerk City Attorne Morrison, Mayor PROVED AO FO is vacitua' Silva c..) k Passed and adopted by the Council of the City of National City, California, on April 21, 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 Mayor of the City of National City, California . G erk City of the City of ational City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2015-52 of the City of National City, California, passed and adopted by the Council of said City on April 21, 2015. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA c,Q o s s- ‘ 3 COUNCIL AGENDA STATEMENT MEETING DATE: April 21, 2015 AGENDA ITEM NO.1.4 [EM TITLE: Resolution of the City Council of the City of National City, 1) awarding a contract in the not -to -exceed amount of $1,495,899.00 to New Century Construction, Inc. for the D Avenue and E. 12th Street Roundabout Installation including War Memorial Architectural Improvements, CIP No. 15-02; 2) authorizing a 15% contingency in the amount of $224,384.85 for any unforeseen changes; 3) authorizing the Mayor to execute the contract; and 4) authorizing the appropriation of $200,000 in General Fund for Safe Routes to School grant match. PREPARED BY: Kuna Muthusamy DEPARTMENT: Engineering/Public Works PHONE: 336-4383 APPROVED BY: EXPLANATION: See attached. FINANCIAL STATEMENT: APPROVED: /7 ACCOUNT NO. APPROVED: 323-409-500-598-6175 (12th & D Roundabout): $238,385.82 307-409-500-598-6035 (Resurface Streets): $857,513.18 307-409-500-598-6035 FY16 (Resurface Streets): $200,000.00 001-409-500-598-6166 (Safe Routes to School): $200,000.00 ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: 4dopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Bid Opening Summary 3. Three Lowest Bidders Summary 4. Resolution O‘5.- 14 EXPLANATION The D Avenue and E. 12th Street Roundabout Improvements, CIP No. 15-02, will implement a traffic calming roundabout at 12th Street, curb extensions, pedestrian refuge islands, high -visibility crosswalks, landscaping, lighting enhancements, install sewer main and manholes, retaining walls and additional improvements to the Veterans Memorial Wall. On March 6, 2015, the bid solicitation was advertised in local newspapers. Additionally, on March 9, 2015 the bid solicitation was posted on PlanetBids, a free public electronic bidding system for vendors. National City has subscribed to PlanetBids, effective March 2, 2015, to improve our bidding system for Capital Improvement Projects. This electronic bidding system has performed well to date. On March 26, 2015, six (6) bid were received electronically on PlanetBids by the 1:00 p.m. deadline. Bid results were available immediately after the 1:00 p.m. deadline. New Century Construction, Inc. was the apparent low bidder with a total bid amount (Base Bid plus Additive Bid) of $1,495,899.00. Upon review of all documents submitted and reference checks, New Century Construction, Inc.'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 $1,495,899.00 to New Century Construction, Inc. for the D Avenue and E. 12th Street Roundabout Improvements, CIP No. 15-02, and authorizing a 15% contingency in the amount of $224,384.85. DRitch@semprautilities.com NAME: CIP NO: DATE: TIME: ESTIMATE: BID OPENING RESULTS D AVENUE AND E. 12TH STREET ROUNDABOUT IMPROVEMENTS 15-02 Thursday, MARCH 26, 2015 1:00 P.M. $1,304,500.00. PROJECT ENGINEER: Stephen Manganiello NO. BIDDER'S NAME BID AMOUNT ADDENDA Add. # 1 BID SECURITY -CHECK - BOND 1. New Century Construction, Inc 9119 Emerald Grove Avenue $ 1,495,899.00 Yes Bond 2. Blue Pacific Engineering & Construction 7330 Opportunity Road, Suite J $ 1,496,404.00 Yes Bond 3. Just Construction, Inc. 3103 Market Street $ 1,527,121.20 Yes Bond 4. Western Rim Constructors, Inc. 912 S Andreasen Dr., Suite 108 $ 1,648,984.48 Yes Bond 5. Wier Construction Corporation 2255 Barham Drive $ 1,871,198.00 Yes Bond 6. Southland Paving 361 N. Hale Avenue Escondido, CA 92029 $ 1,879,164.00 Yes Bond -1- Bid Results for D Avenue and E. 12th Street Roundabout Improvements, CIP No.15-02 New Century Construction, Inc. Blue Pacific Engineering & Construction Just Construction, Inc. Base Bid Item No. Description Unit Qty. Unit Price Extension (Quantity x Unit Price) Unit Price Extension (Quantity x Unit Price) Unit Price 1 2 3 4 5 6 7 N 8 9 Mobilization/Demobilization Traffic Control LS 1 $85,000.00 $85,000.00 $50,000.00 $50,000.00 LS 1 $20,000.00 $20,000.00 $60,000.00 $60,000.00 Water Pollution Control Clearing and Grubbing LS 1 $10,000.00 $10,000.00 $12,000.00 $66,979.50 $12,000.00 Unclassified Excavation Surveying LS LS 1 1 $25,000.00 $65,000.00 $25,000.00 $65,000.00 $80,000.00 $130,000.00 Extension (Quantity x Unit Price) $19,260.00 $80,000.00 $130,000.00 LS 1 $8,000.00 $8,000.00 $12,000.00 $12,000.00 $66,979.50 $3,745.00 $19,260.00 $42,417.00 $48,150.00 $9,523.00 $3,745.00 $42,417.00 $48,150.00 $9,523.00 4" Concrete Sidewalk Type per SDRSD G-7 Concrete Pedestrian Curb Ramp (All Types) Type A Concrete Median Passageway w/ domes, per Caltrans A88A & B SF EA EA 8300 8 3 $9.00 $2,500.00 $3,500.00 $74,700.00 $20,000.00 $10,500.00 $8.00 $2,500.00 $4,000.00 $66,400.00 $20,000.00 $12,000.00 $8.90 $3,210.00 $2,935.10 $73,870.00 $25,680.00 $8,805.30 10 11 12 13 14 Remove and Reconstruct Concrete Pedestrian Curb Ramp at West Leg of 12th Street and B Avenue (not shown on plans) EA 2 $3,500.00 $7,000.00 $2,500.00 $5,000.00 $3,691.50 S7,383.00 Remove and Reconstruct Concrete Pedestrian Curb Ramp at West Leg of 12th Street and C Avenue (not shown on plans) Concrete Driveway (All Types) Alley Apron per SDRSD G-17 Type B-1 Concrete Curb for Medians, per SDRSD G-6 EA SF SF LF 2 950 2550 650 $3,500.00 $10.00 $10.00 $30.00 $7,000.00 $9,500.00 $25,500.00 $19,500.00 $2,500.00 $10.00 $14.00 $24.00 $5,000.00 $9,500.00 $35,700.00 $15,600.00 $3,691.50 $9.10 $11.20 $24.60 $7,383.00 $8,645.00 $28,560.00 $15,990.00 New Century Construction, Inc. Blue Pacific Engineering & Construction Just Construction, Inc. Item No. Description Unit Qty. Unit Price Extension (Quantity x Unit Price) Unit Price Extension (Quantity x Unit Price) Unit Price Extension (Quantity x Unit Price) 15 6" Type G Concrete Curb & Gutter, per SDRSD G-2 LF 1335 $35.00 $46,725.00 $26.00 $34,710.00 $30.00 $40,050.00 16 Concrete Pavers per project specification 202 SF 250 $25.00 $6,250.00 $25.00 $6,250.00 $32.10 $8,025.00 17 Replace Monument Paving to Match Existing SF 600 $15.00 $9,000.00 $25.00 $15,000.00 $37.50 $22,500.00 18 Asphalt Concrete Pavement TON 760 $125.00 $95,000.00 $110.00 $83,600.00 $133.80 $101,688.00 19 Crushed Aggregate Base TON 1280 $55.00 $70,400.00 $31.80 $40,704.00 $33.20 $42,496.00 20 Construct Vehicular Concrete for Truck Apron(Colored) SF 1120 $12.00 $13,440.00 $12.00 $13,440.00 $13.40 $15,008.00 21 Sidewalk Underdrain Pipe per SDRSD D- 27 EA 1 $250.00 $250.00 $500.00 $500.00 $267.50 $267.50 22 Install Contech Urban Green Biofilter Unit EA 8 $15,000.00 $120,000.00 $12,500.00 $100,000.00 $5,885.00 $47,080.00 23 Type 5 Retaining Wall Per Caltrans B3- 4A SF 1440 $75.00 $108,000.00 $65.00 $93,600.00 $139.10 $200,304.00 24 New Jersey Barrier End per OSCO Construction Group or Approved Equal LS 1 $5,500.00 $5,500.00 $10,000.00 $10,000.00 $2,675.00 $2,67.5.00 25 Concrete Barrier Type 732A per Caltrans B11-55 LF 490 $250.00 $122,500.00 $170.00 $83.300.00 $256.80 $125,832.00 26 Tubular Hand Railing per Caltrans B 11- 51 LF 490 $225.00 $110,250.00 $180.00 $88,200.00 $202.20 $99,078.00 27 Install Concrete Steps per SDRSD M-26 (in two locations as shown on plans) LS 1 $5,500.00 $5,500.00 $8,000.00 $8,000.00 $16,050.00 $16,050.00 28 Remove, dispose of unsuitable subgrade and replace with CAB and Mirafi 700x TON 100 $100.00 $10,000.00 $200.00 $20,000.00 $160.50 $16,050.00 New Century Construction, Inc. Blue Pacific Engineering & Construction Just Construction, Inc. 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) 29 Install Chain Link Gate per SDRSD M-5 (L=4.5') EA 2 $2,200.00 $4,400.00 $2,000.00 $4,000.00 $1,930.30 $3,860.60 30 Landscape LS 1 $45,000.00 $45,000.00 $30,000.00 $30,000.00 $62,237.60 $62,237.60 31 Landscaping 120 Day Maintenance Period LS 1 $10,000.00 $10,000.00 $5,000.00 $5,000.00 $6,955.00 $6,955.00 32 Irrigation System LS 1 $90,000.00 $90,000.00 $40,000.00 $40,000.00 $95,818.50 $95,818.50 33 Signing and Striping LS 1 $30,000.00 $30,000.00 $31,500.00 $31,500.00 $26,750.00 $26,750.00 34 Lighting LS 1 $96,000.00 $96,000.00 $170,000.00 $170,000.00 $94,160.00 $94,160.00 35 Install Sewer Manhole, Frame, Lid, and connection per SDRSD S-2 EA 2 $15,000.00 $30,000.00 $8,500.00 $17,000.00 $1,070.00 $2,140.00 36 Insta11 6" PVC Sewer Main LF 60 $400.00 $24,000.00 $150.00 $9,000.00 $192.60 $11,556.00 37 War Memorial Architectural Improvements LS 1 $20,000.00 $20,000.00 $40,000.00 $40,000.00 $67,657.20 $67,657.20 38 4" Concrete Pad (2500 PSI) SF 80 $12.00 $960.00 $12.00 $960.00 $9.10 $728.00 39 Concrete Wall CY 23 $1,000.00 $23,000.00 $800.00 $18,400.00 $520.00 $11,960.00 40 Concrete Sign Wall LS 1 $10,000.00 $10,000.00 $15,000.00 $15,000.00 $12,840.00 $12,840.00 Base Bid Total $1,492,875.00 $1,491,364.00 $1,500,157.20 Additive Bid 41 REAS (Type II) SY 840 $3.60 $3,024.00 $6.00 $5,040.00 $32.10 S26,964.00 Additive Bid $3,024.00 $5,040.00 $26,964.00 Base Bid & Additive Bid $1,495,899.00 $1,496,404.00 $1,527,121.20 RESOLUTION NO. 2015 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO NEW CENTURY CONSTRUCTION, INC., IN THE NOT -TO -EXCEED AMOUNT OF $1,495,899 FOR THE "D" AVENUE AND EAST 12TH STREET ROUNDABOUT INSTALLATION PROJECT, INCLUDING THE WAR MEMORIAL ARCHITECTURAL IMPROVEMENTS, AUTHORIZING A 15% CONTINGENCY IN THE AMOUNT OF $224,384.85 FOR ANY UNFORESEEN CHANGES, AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT, AND AUTHORIZING AN APPROPRIATION IN THE AMOUNT OF $200,000 IN GENERAL FUND FOR SAFE ROUTES TO SCHOOL GRANT MATCH WHEREAS, on March 26, 2015, the Engineering Department publicly opened, examined, and declared six (6) sealed bids for the "D" Avenue and East 12th Street Roundabout Installation Project, including the War Memorial Architectural Improvements; and WHEREAS, New Century Construction, Inc., was the lowest responsive bidder qualified to perform the work as described in the project specifications with a total bid amount of $1,495,899; and WHEREAS, a 15% contingency amount up to $224,384.85 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 "D" Avenue and East 12th Street Roundabout Installation Project, including the War Memorial Architectural Improvements, to the lowest responsive, responsible bidder, to wit: NEW CENTURY CONSTRUCTION, INC. BE IT FURTHER RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute on behalf of the City a contract in the amount of $1,495,899 with New Century Construction, Inc., for the "D" Avenue and East 12th Street Roundabout Installation Project, including the War Memorial Architectural Improvements. 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 $224,384.85 for any unforeseen changes to the Project. BE IT FURTHER RESOLVED that the City Council hereby authorizes an appropriation in the amount of $200,000 in General Fun for Safe Routes to School grant match. PASSED and ADOPTED this 21st day of April, 2015. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia Gacitua Silva City Attorney -1 CALIFORNLA`+�-�- ATION CflT XNCORPORAT D Avenue Roune War Memor City Council Meeting April 21, 2015 Finish grade P Ave- a so" Recessed letters (Formliner) Font: Candara r - sColor and finish to match existing , 2o'w" Sign Wall (concrete) See Sheet 3 Note: Contractor to submit shop drawings prior to construction for owner approval Corridor a SHEET 2 Exprttion joint, caulk joint w/ color to' match eiiatinrj conmete �s /. tomotect In place mewWiP- 611�IryRR1�+» NOMINAL COT August, 2014 4 5 Back View 6 AL D Avg New 25oo PSI concrete pad, 4" depth • flush with existing curb rs New concrete sign wall • see sheet 3 _a Restore turf/adjust irrigation - match turf species to existing (Sod all lawn areas disturbed) r%Relocate irrigation boxes into Landscape bed ,.d .. /--s New concrete wall - match existing (Add skateboard deterrents to match existing) f _—e Re-mukh bed w/ rock mulch per city standard. (See below) i- Pygmy Date Palm- match existing (Container grown, match number of trunks, Nei height to existing. Rootball/container size to be per ANSI Z60.1 for height / ', requirements) ' "a Existing Mexican Fan Palm to remain - protect in place (typ.) t %. r t � 7 —e Existing Pygmy Date Palm to remain. protect in place (typ.) • 4 \\` SHEET 2 Rock Mulch • i-x th" Dia. Mexican Sunburst Cobble, 3" Depth by Southwest Boulder and Stone. • Remove existing bark mulch and dispose of off -site • Install landscape weed barrier rock mulch h p • Llohtinn 0 • Furnish and Install? eW Blast Powercore uplight 4000k, 83deg (no optic) per manufacturers recommendations or approved equal. • Lights to be spaced evenly apart within the existing concrete collar and flush with the proposed concrete surface. • Provide tamper proof screws per City's recommendations. /f L4 Existing concrete wallhurb to remain - protect in place oaNi11Nai..« IOW mr.,..na. February 2015 3 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 NEW CENTURY CONSTRUCTION D Avenue & East 12th Street Roundabout Project Judy Hernandez (Engineering/Public Works) Forwarded Copy of Agreement to New Century Construction