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HomeMy WebLinkAbout2016 CON Fordyce Construction - Las Palmas Pool / Camacho Gym / Fire Station 31 improvement Project SP 16-02 - Increase in Contract AmontOWNER - CONTRACTOR AGREEMENT SEWER LINE REPLACEMENT AND UPSIZING PROJECT (PHASE 1), CIP NO. 16-05 This Owner -Contractor Agreement ("Agreement") is made by and between the City of National City, 1243 National City Boulevard National City, California 91950 and Portillo Concrete, Inc. ("Contractor"), 3527 Citrus Street, Lemon Grove, CA 92111 on the 16th day of August , 2016, for the construction of the above referenced Project. In consideration of the mutual covenants and agreements set forth herein, the Owner and Contractor have mutually agreed as follows: 1. CONSTRUCTION The Contractor agrees to do all the work and furnish all the labor, services, materials and equipment necessary to construct and complete the Project in a turn -key manner in accordance with this Agreement and all documents and plans referenced in Exhibit "A", (hereinafter "Contract Documents"), in compliance with all relevant Federal, State of California, County of San Diego and City of National City codes and regulations, and to the satisfaction of the Owner. 2. CONTRACT PRICE Owner hereby agrees to pay and the Contractor agrees to accept as full compensation for constructing the project in accordance with these Contract Documents in an amount not to exceed the contract price as set forth in Exhibit "B" attached hereto and incorporated herein by reference. Payments to the Contractor shall be made in the manner described in the Special Provisions. 3. TIME FOR PERFORMANCE Time is of the essence for this Agreement and the Contractor shall construct the project in every detail to a complete and turn -key fashion to the satisfaction of the Owner within the specified duration set forth in the Special Provisions. 4. NON-DISCRIMINATION In the performance of this Agreement, the Contractor shall not refuse or fail to hire or employ any qualified person, or bar or discharge from employment any person, or discriminate against any person, with respect to such person's compensation, terms, conditions or privileges of employment because of such person's race, religious status, sex or age. 5. AUTHORIZED OWNER REPRESENTATIVES On behalf of the Owner, the Project Manager designated at the pre -construction meeting shall be the Owner's authorized representative in the interpretation and enforcement of all Work performed in connection with this Agreement. 6. WORKERS' COMPENSATION INSURANCE a) By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement. b) The Contractor shall require each subcontractor to comply with the requirements of Section 3700 of the Labor Code. Before commencing any Work, the Contractor shall cause each subcontractor to execute the following certification: "I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement." 7. ENTIRE AGREEMENT; CONFLICT The Contract Documents comprise the entire agreement between the Owner and the Contractor with respect to the Work. In the event of conflict between the terms of this Agreement and the bid of the Contractor, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid conflicting herewith. 8. MAINTENANCE OF AGREEMENT DOCUMENTATION Contractor shall maintain all books, documents, papers, employee time sheets, accounting records and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by Owner and copies thereof shall be furnished to Owner if requested. 9. INDEPENDENT CONTRACTOR At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee, agent, partner or joint venturer of the Owner. Owner shall have the right to control Contractor insofar as the results of Contractor's services rendered pursuant to this Agreement; however, Owner shall not have the right to control the means by which Contractor accomplishes such services. 10. LICENSES AND PERMITS Contractor represents and declares to Owner that it has all licenses, permits, qualifications and approvals of whatever nature which are legally required to practice its profession. Contractor represents and warrants to Owner that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any licenses, permits, qualifications or approvals which are legally required for Contractor to practice its profession. 11. GOVERNING LAW, VENUE This Agreement and the Contract Documents shall be construed under and in accordance with the laws of the State of California, and the appropriate venue for any action or proceeding arising from this Agreement and/or the Contract Documents shall be had in the Superior Court of San Diego, Central Branch. 12. COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall for all purposes be deemed to be an original. 13. FALSE CLAIMS Contractor acknowledges that if a false claim is submitted to the Owner, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the Owner seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys' fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. I have read and understood all of the provisions of this Section 15, above: CY (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. Own or, City of National City Attest: ti City Clerk, City of National City Contrac r: PORT ILLO CO RETE, INC. (Owner/Officer signature) Mro a4ir' Pigg/e6.6 Print name and title (Se d officer signature if a corporation) TINA Pointe() selcro Print name and title Contractor's City Business License No. (4730IL( 1{ State Contractor's License No. and Class Business street address City, State and Zip Code EXHIBIT A CONTRACT DOCUMENTS Owner/Contractor Agreement Bid Schedule Addenda Plans Special Provisions (Specifications) San Diego County Regional Standard Drawings City of National City Standard Drawings Standard Specifications for Public Works Construction and Regional Supplements (Greenbook) State Standard Specifications State Standard Plans California Building, Mechanical, Plumbing and Electrical Codes Permits issued by jurisdictional regulatory agencies Electric, gas, and communications companies specifications and standards Sweetwater Authority specifications and standards Specifications, standards and requirements of MTS, BNSF, SANDAG, Port of San Diego and all other agencies that may be adjacent and/or affected by the project. EXHIBIT B CONTRACT PRICE (NOTE - TO BE COMPLETED TO CONFORM WITH BID SCHEDULE ITEMS) Issued on 06/22/2016 • Bid Results for Project Sewer Line Replacement and Upsizing Project (Phase 1) (CIP No. 16-05) VendoriD Company Name Address Address 2 City State 349890 Portillo Concrete Inc. 3527 Citrus St Lemon Grove CA ZipCode Country Contact Phone Fax Email Vendor Type 91945 United States Mario Portillo 619-466- 4639 619-466- 4685 mportillo@portill DBE,MBE,CADIR oconcreteinc.co Respondee Respondee Title Respondee Phone Respondee Email Mario Portillo President 619-466-4639 mportillo@portilloconcreteinc.com Bid Format Submitted Date Delivery Method Responsive Status Confirmation # Ranking Electronic July 13, 2016 12:40:31 PM (Pacific) Submitted 84330 0 LIIIC IUCIII) Item Num Section Description Unit Qty. Unit Price Line Total 1 Base Bid - General Mobilization and Demobilization LS 1 $80,000.00 $80,000.00 2 Base Bid - General Removal and disposal of unsuitable soil and import/placement of select import soil CY 1500 $25.00 $37,500.00 Subtotal $117,500.00 3 Base Bid - National City Blvd Traffic/Pedestrian Control LS 1 $15,000.00 $15,000.00 4 Base Bid - National City Blvd Stormwater Management LS 1 $14,000.00 $14,000.00 5 Base Bid - National City Blvd Surveying LS 1 $5,000.00 $5,000.00 6 Base Bid - National City Blvd Sewer Bypass LS 1 $10,500.00 $10,500.00 7 Base Bid - National City Blvd Clearing and Grubbing LS 1 $25,000.00 $25,000.00 8 Base Bid - National City Blvd Demolition and Removal (recycle) of Bituminous and Concrete Street CY 110 $50.00 $5,500.00 9 Base Bid - National City Blvd Excavation Shoring & Bracing LS 1 $11,000.00 $11,000.00 10 Base Bid - National City Blvd Dewatering Mobilization/Demobilization LS 1 $9,000.00 $9,000.00 11 Base Bid - National City Blvd Dewatering (daily) DAY 20 $450.00 $9,000.00 12 Base Bid - National City Blvd 12" PVC Sewer Main LF 685 $220.00 $150,700.00 13 Base Bid - National City Blvd 6" PVC Sewer Lateral LF 425 $280.00 $119,000.00 14 Base Bid - National City Blvd Sewer Lateral Connection to existing lateral with SDRSD SC-01 Clean out at property line EA 8 $1,000.00 $8,000.00 15 Base Bid - National City Blvd 48" Sewer Manhole EA 4 $10,000.00 $40,000.00 16 Base Bid - National City Blvd 60" Sewer Manhole EA 1 $14,000.00 $14,000.00 17 Base Bid - National City Blvd Manhole Abandonment EA 3 $2,400.00 $7,200.00 18 Base Bid - National City Blvd Sewer Main Abandonment LS 1 $8,000.00 $8,000.00 19 Base Bid - National City Blvd 24" RCP Storm Drain LF 48 $400.00 $19,200.00 20 Base Bid - National City Blvd Repair Cavatation Damage to Drainage Structure at Northeast Corner LS 1 $5,000.00 $5,000.00 21 Base Bid - National City Blvd 2" AC Grind SF 30000 $0.50 $15,000.00 22 Base Bid - National City Blvd 2" AC Overlay TON 400 $180.00 $72,000.00 23 Base Bid - National City Blvd Restore Existing Striping and Pavement Markings (except checker crosswalk) LS 1 $2,000.00 $2,000.00 24 Base Bid - National City Blvd Remove and Replace One Side (leg) of Checkered Crosswalk at NCB and Mile of Cars Way EA 4 $13,000.00 $52,000.00 25 Base Bid - National City Blvd Traffic Loops EA 15 $460.00 $6,900.00 26 Base Bid - National City Blvd Field Orders (Allowance) AL 1 $10,000.00 $10,000.00 Subtotal $633,000.00 27 Base Bid - Plaza Blvd Traffic/Pedestrian Control LS 1 $30,000.00 $30,000.00 28 Base Bid - Plaza Blvd Stormwater Management LS 1 $10,000.00 $10,000.00 29 Base Bid - Plaza Blvd Surveying LS 1 $7,000.00 $7,000.00 30 Base Bid - Plaza Blvd Clearing and Grubbing LS 1 $25,000.00 $25,000.00 31 Base Bid - Plaza Blvd Demolition and Removal (recycle) of Bituminous and Concrete Street CY 410 $50.00 $20,500.00 32 Base Bid - Plaza Blvd Sewer Bypass LS 1 $180,000.00 $180,000.00 33 Base Bid - Plaza Blvd Dewatering Mobilization/Demobilization LS 1 $6,000.00 $6,000.00 34 Base Bid - Plaza Blvd Dewatering (Daily) DAY 20 $57.00 $1,140.00 35 Base Bid - Plaza Blvd Excavation Shoring & Bracing LS 1 $20,000.00 $20,000.00 36 Base Bid - Plaza Blvd 21" PVC Sewer Main LF 2035 $260.00 $529,100.00 37 Base Bid - Plaza Blvd 18" PVC Sewer Main LF 190 $300.00 $57,000.00 38 Base Bid - Plaza Blvd 8" PVC Sewer Main LF 16 $345.00 $5,520.00 39 Base Bid - Plaza Blvd Manhole Re -channeling and connect new main to existing manhole EA 2 $7,500.00 $15,000.00 40 Base Bid - Plaza Blvd Connect 8" PVC Sewer Main Extension EA 2 $3,500.00 $7,000.00 41 Base Bid - Plaza Blvd 6" PVC Sewer Lateral LF 1360 $170.00 $231,200.00 42 Base Bid - Plaza Blvd Sewer Lateral Connection to existing lateral with SDRSD SC-01 Clean out at property line EA 35 $900.00 $31,500.00 43 Base Bid - Plaza Blvd 60" Sewer Manhole EA 8 $13,500.00 $108,000.00 44 Base Bid - Plaza Blvd 60" Sewer Manhole with drop at station 66+00 EA 1 $18,000.00 $18,000.00 45 Base Bid - Plaza Blvd Sewer Main Clean -out, Type "A" EA 1 $4,500.00 $4,500.00 46 Base Bid - Plaza Blvd Rehabilitation and lining of Sewer Manhole #1445 EA 1 $11,000.00 $11,000.00 47 Base Bid - Plaza Blvd Rehabilitation and lining of Sewer Manhole #1461 EA 1 $11,000.00 $11,000.00 48 Base Bid - Plaza Blvd Sewer Main Abandonment LS 1 $6,500.00 $6,500.00 49 Base Bid - Plaza Blvd PCC Crossgutter SF 120 $18.00 $2,160.00 50 Base Bid - Plaza Blvd 6" Pin -on Curb LF 450 $35.00 $15,750.00 51 Base Bid - Plaza Blvd Decorative PCC in Island SF 1615 $15.00 $24,225.00 52 Base Bid - Plaza Blvd 6" Curb LF 140 $32.00 $4,480.00 53 Base Bid - Plaza Blvd PCC Sidewalk SF 250 $12.00 $3,000.00 54 Base Bid - Plaza Blvd Curb Ramp EA 4 $3,500.00 $14,000.00 55 Base Bid - Plaza Blvd 8" AC Dig Out and Replacement TON 350 $190.00 $66,500.00 56 Base Bid - Plaza Blvd 2" AC Grind SF 121000 $0.30 $36,300.00 57 Base Bid - Plaza Blvd 2" AC Overlay TON 1550 $115.00 $178,250.00 58 Base Bid - Plaza Blvd Restore Existing Striping and Pavement Markings LS 1 $15,000.00 $15,000.00 59 Base Bid - Plaza Blvd Plant Mix Type II REAS Slurry Seal GALLON 2380 $10.00 $23,800.00 60 Base Bid - Plaza Blvd Traffic Loops EA 45 $400.00 $18,000.00 61 Base Bid - Plaza Blvd Field Orders (Allowance) AL 1 $10,000.00 $10,000.00 Subtotal $1,746,425.00 Total $2,496,925.00 CORPORATE CERTIFICATE `\ ?C, \-L &c, certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that ‘t, Q0 (\l' r r / , who signed said contract on behalf of the Contractor, was then c esvctl Cof 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: PARTNERSHIP CERTIFICATE STATE OF COUNTY OF On this day of , 2016, before me, the undersigned, a Notary Public in and for said County and State, personally appeared: ) ss (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: Premium will be adjusted based on final contract price Issued in Triplicate PERFORMANCE BOND Bond No.: 024067369 Premium: $22,116.00 WHEREAS, the City Council of the City of National City, by Resolution No. 2016- 124, passed the 16th day of August, 2016 has awarded to Portillo Concrete, Inc., hereinafter designated as the "Principal", the SEWER LINE REPLACEMENT AND UPSIZING PROJECT (PHASE 1), CIP No. 16-05. 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 The Ohio Casualty Insurance Company as surety, are held and firmly bound unto the City Council of the City of National City, hereinafter called the "Council", in the penal sum of Two Million, Four Hundred Ninety Six Thousand, Nine Hundred Twenty Five Dollars ($2,496,925) 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 thls obligation shall become null and void; otherwise it shall be and remain in full force and virtue. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed herein or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or additions to the terms of the contract or to the work or to the specifications. In the event suit is brought upon this bond by the City of National City and judgment is recovered, the surety shall pay all costs incurred by the Council in such suit, including a reasonable attorney's fee to be fixed by the Court. IN WITNESS WHEREOF three identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the 25th day of August , 2016. The Ohio Casualty Insurance Company (SEAL) Portillo Con rote, Inc. " (SEAL) G) SEAL) (SEAL) (SEAL) Cyndi Beilman, Attorney -in -Fact (SEAL) Mario Portillo, President Surety Principal PERFORMANCE BOND ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF ) ss COUNTY OF On this day of , 2016, 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 Surety must be properly acknowledged. NOTE: The Attorney -in -fact must attach a certified copy of the Power of Attorney. *** SEE ATTACHED ACKNOWLEDGEMENT *** Signature: Name (Type or Print): Notary Public in and for said County and State My Commission expires: 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 August 25, 2016 Date before me, Dana L. Michaelis personally appeared Cyndi Beilman } Insert Name of Notary exactly as it appears on the offidal seal Name(s) of Signer(s) , Notary Public, DANA L. MICHAELIS Notary Public - California San Diego County i Commission # 2155476 My Comm. Expires Jun 27. 2020 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/acre; subscribed to the within instrument and acknowledged to me that he/she/they( executed the same in his/her/their authorized capacity(ies0, and that by Iris/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my ha Signature OPTIONAL nd official seal. Signature of Notary Public Dana L. Michaelis Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Number of Pages: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner ❑ Limited ❑ General Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: El 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 y 'a to O O L O Tz > • u" a c 'y f4 O L L aO o 4+ co C � C E 8 co au Ti > a> 46 Z v ss THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. 7311329 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint Anne Wright; Cyndi Beilman; Dana Michaelis all of the city of La Mesa state of CA each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this ath day of April 2016 American Fire and Casualty Company The Ohio Casualty Insurance Company Liberty Mutual Insurance Company West /American Insurance Company By STATE OF PENNSYLVANIA COUNTY OF MONTGOMERY On this 4th day of April 2016 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Insurance Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. COMMONWEALTH OF PENNSYLVANIA r� ��/I� Q/�� Teresa Pastella, Notary Public Notarial Seal By: ,t ,62-0 Plymouth Twp., Montgomery County My Commission Expires March 28, 2017 Member, Pennsylvania Association of Notaries This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV - OFFICERS - Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney -in -fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII - Execution of Contracts - SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in - fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Gregory W. Davenport, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. 1, IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 25 t"day of Augus t 20 16 David M. Care , Assistant Secretary Teresa Pastella, Notary Public By: Gregory W. Davenport, Assistant Secretary LMS_12873 122013 95 of 100 Issued in Triplicate PAYMENT BOND Premium will be adjusted based on final contract price Bond No.: 024067369 Premium: Included in Performance Bond WHEREAS, the City Council of the City of National City, by Resolution No. 2016-124, passed the 16th day of August 2016 has awarded Portillo Concrete, Inc., hereinafter designated as the "Principal", the SEWER LINE REPLACEMENT AND UPSIZING PROJECT (PHASE 1), CIP NO. 16-05. WHEREAS, said Principal is required by Chapter 5 (commencing at Section 3225) and Chapter 7 (commencing at Section 3247), Title 15, Part 4, Division 3 of the California Civil Code to furnish a bond in connection with said contract; NOW, THEREFORE, we, the Principal and The Ohio Casualty Insurance Company as surety, are held and firmly bound unto the City Council of the City of National City, hereinafter called the "Council", in the penal sum of Two Million, Four Hundred Ninety Six Thousand, Nine Hundred Twenty Five Dollars ($2,496,925) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his/her or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay any of the persons named in Section 3181 of the California Civil Code, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the Contractor and his subcontractors pursuant to Section 18806 of the Revenue and Taxation Code, with respect to such work and labor the Surety will pay for the same in an amount not exceeding the sum hereinafter specified, and also, in case suit is brought upon this bond, a reasonable attorney's fee, to be fixed by the Court. This Bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code, so as to give a right of action to such persons or their assigns in any suit brought upon this bond. Cyndi Beilman, Attorney -in -Fact (SEAL) Surety It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement hereinabove described or pertaining or relating to the furnishing of labor, materials, or equipment therefore, not by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement hereinabove described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner of Public Entity and original contractor or on the part of any obliges named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 3110 or 3112 of the California Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned. IN WITNESS WHEREOF three identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the 25th day of August 2016. The Ohio Casualty Insurance Company {SEAL) Portillo C ete, Inc. SEAL) (SEAL) a ) (SEAL) (SEAL) Mario Portillo, Attorney- n-Fact Principal ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF ) ) ss COUNTY OF ) On this day of , 2016, 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 Surety must be properly acknowledged. NOTE: The Attorney -in -fact must attach a certified copy of the Power of Attorney. Signature: *** SEE ATTACHED ACKNOWLEDGEMENT *** Name (Type or Print): (Notary Public in and for said County and State) My Commission expires: ATTACH ALL BONDS 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 August 25, 2016 before me, Dana L. Michaelis Date personally appeared Cyndi Bei!man } Insert Name of Notary exactly as it appears on the official seal , Notary Public, Name(s) of Signer(s) z z DANA L. MICHAELIS Notary Public - California San Diego County Commission # 2155476 My Comm. Expires Jun 27, 2020 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they: executed the same in his/her/their authorized capacity(iea), and that by IAis/her/tteir signature(s) on the instrument the person(s), 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 d official seal. Signature Signature of Notary Public OPTIONAL ana L. Michaelis Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Number of Pages: ❑ Individual ❑ Corporate Officer —Title(s): ❑ Partner ❑ Limited ❑ General d 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 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. 7311334 American Fire and Casualty Company The Ohio Casualty Insurance Company West American Insurance Company Liberty Mutual Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Anne Wright; Cyndi Beilman; Dana Michaelis all of the city of La Mesa state of CA each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this ath day of April 2016 STATE OF PENNSYLVANIA COUNTY OF MONTGOMERY ss American Fire and Casualty Company The Ohio Casualty Insurance Company Liberty Mutual Insurance Company West American Insurance Company By:1 David M. Care (Assistant Secretary On this 4th day of April , 2016 , before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Insurance Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. PAsi, COMMONWEALTH OF PENNSYLVANIA Notarial Seal Teresa Pastella, Notary Public By: Plymouth Twp., Montgomery County My Commission Expires March 28, 2017 Member, Pennsylvania Association of Notaries Teresa Pastella, Notary Public This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV- OFFICERS - Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney -in -fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII - Execution of Contracts - SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in - fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Gregory W. Davenport, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 25 th day of August 20 16 By: Gregory W. Davenport, Assistant Secretary LMS_12873_122013 100 of 100 , B19?5. SEWER LINE REPLACEMENT AND UPSIZING PROJECT (PHASE 1), BID DOCUMENT CIP No. 16-05 BID SECURITY FORM FOR BOND KNOW ALL MEN BY THESE PRESENTS That we Portillo Concrete Inc. as Principal, and The Ohio Casualty Insurance Company as surety, are held and firmly bound unto CITY OF NATIONAL CITY hereinafter called the "Owner" in the penal sum of TEN PERCENT (10%) OF THE TOTAL AMOUNT OF THE BID or the principal above named, submitted by said Principal to the County for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. In no case shall the liability of the surety hereunder exceed the sum of $ ten percent of total amount bid THE CONDITION OF THIS OBLIGATION IS SUCH, That whereas the Principal has submitted the above mentioned bid to the Owner for certain construction specifically described as follows, for which bids are to be opened on the 13th day of July, 2016 , Z, for SEWER LINE REPLACEMENT AND UPSIZING PROJECT (PHASE 1), CIP No. 16-05 NOW, THEREFORE, IF the aforesaid principal shall not withdraw said bid within the period specified therein after the opening of the same, or, if no period be specified, with sixty (60) days after said opening, and shall within the period specified therefore, or, if no period be specified, within ten (10) days after the prescribed forms are presented to him for signature, enter into a written contract with the Owner in the prescribed form, in accordance with the bid as accepted, and file the two bonds with the Owner, one to guarantee faithful performance and the other to guarantee payment for labor and materials, as required by law, then this obligation shall be null and void; otherwise it shall be and remain in full force and virtue. In the event suit is brought upon this bond by the Owner and judgment is recovered, the surety shall pay all costs incurred by the Owner in such suit, including a reasonable attorney's fee to be fixed by the Court. The Surety and Principal agree that any copy of this bond shall have the same force and effect as the original. IN WITNESS WHEREOF, we have hereunto set our hands and seals on this 27th day of June, 2016 Portillo Concre (SEAL) Th- ehio Cas (SEAL) surance C•. p y (SEAL) (SEAL) di Beilman, Attorney -in -Fact Bid Security Form for Bond Page 1 of 1 Notary 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 Dieo On June 27 , 2016 , before me, Pam Davis , Notary Public, personally Date Name And Title Of Officer (e.g. 'Jane Doo, Notary Public') , who proved to me on the basis of satisfactory appeared Cyndi Beilman Name(s) of Signer(s) evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. PAM DAVIS Commission # 1991984 Notary Public - California z Z '` San Diego County Place Nirlyr ria; A4ocpires 0ct 20, 2016 WITNESS my hand and official seal. Signature of Notary Public 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 this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ Individual ❑ Corporate Officer 0 Partner(s) Title(s) Title or Type of Document ❑ Limited ❑ General ❑ Attorney -In -Fact O Trustee(s) O Guardian/Conservator ❑ Other: Signer is representing: Name Of Person(s) Or Entity(ies) Number of Pages Date of Document Signer(s) Other Than Named Above Note: Signature of person executing for Surety must be notarized and evidence of corporate authority attached. THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. 7413670 ss American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint Anne Wright; Cyndi Beilman; Dana Michaelis all of the city of La Mesa state of CA each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been aff thereto this 6th day of July 2016 . By: STATE OF PENNSYLVANIA COUNTY OF MONTGOMERY On this 6th day of July 2016 , before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Insurance Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. GP PAS COMMONWEALTH OF PENNSYLVANIA American Fire and Casualty Company The Ohio Casualty Insurance Company Liberty Mutual Insurance Company West American Insurance Company xed Notarial Seal Teresa Pastella, Notary Public Plymouth Twp., Montgomery County My Commission Expires March 28, 2017 gv Member, Pennsylvania Association of Notaries Pt This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV— OFFICERS — Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney -in -fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII — Execution of Contracts — SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in - fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Gregory W. Davenport, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 2 7 th day of June 20 16 David M. Carey', Assistant Secretary Teresa Pastella, Notary Public By: Gregory W. Davenport, Assistant Secretary LMS_12873_122013 18 of 100 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 Califor la County of G(.vt ,✓ n a On 7A L/ j (' before me, Date A w Here Insert Name and Title of the Officer personally appeared! -"r a rl a 6{ // p y d Name(s) of Signer(s) *tot( ,c ec �'n-z a� f11 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. NOTARY PUBLIC • CALIFORNIA COMM. #2033349 SAN OUN Commission E s 00 C 100,2017 Place Notary Seal Above 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WI SS my hand and official seal. Signat OPTIONAL Signature of Notary Public Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: 115,1 et (36""La1 Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): 0 Partner — El Limited ❑ General 0 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator ❑ Other: Signer Is Representing: ©2015 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 OP ID: MR ACOR®" EVIDENCE OF PROPERTY INSURANCE DATE (MMIDDIYYYY) 10/04/2016 THIS EVIDENCE OF PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE ADDITIONAL INTEREST NAMED BELOW. THIS EVIDENCE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS EVIDENCE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND aHE ADDITIONAL INTEREST. AGENCY PHONE 619-937-0164 INC. No, Extl: Rancho Mesa Insurance Services 250 Riverview Parkway #401 Santee, CA 92071 INC No) 619-937-0168 CODE: E-MAIL ADDRESS: SW CODE: AGENCY PORTI-1 CUSTOMER ID it• INSURED Portillo Concrete Inc. 3527 Citrus Street Lemon Grove, CA 91945 COMPANY Continental Insurance Company LOAN NUMBER I POLICY NUMBER 6043606413 EFFEC 1]VE DATE 10/04/16 EXPIRATION DATE 10/04/17 CONTINUED UNTIL TERMINATED IF CHECKED THIS REPLACES PRIOR EVIDENCE DATED: PROPERTY INFORMATION LOCATION/DESCRIPTION National City Blvd &Plaza Blvd National City, CA 92050 #16-05 Sewer Lines Replacment and Upsizing Project - Phase 1. National City Blvd and Plaza Blvd for the City of National City, CA THE POLICIES OF INSURANCE LISTED BELOW HAVE HEEN 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 EVIDENCE OF PROPERTY INSURANCE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCI-i POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. COVERAGE INFORMATION COVERAGE / PERILS 1 PC)IRM S AMOUNT OF INSURANCE DEDUCTIBLE Builders Risk: Limit 2,496,925 2,500 Testing Included 2,500 Operational Testing 250,000 2,500 REMARKS (Including Special Conditions) The City of National City and its elected officials, officers, employees, agents, representatives, consultants, contract employees and volunteers CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES HE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ADDITIONAL INTEREST NAME AND ADDRESS The City of National City c/o Risk Manager 1243 National City Blvd National City, CA 92050-4397 M MORTGAGEE LOSS PAYEE X ADDITIONAL INSURED LOAN 8 AUTIIORIZED REPRESENTATIVE ��'�'`%s� p (G7r ,' sstArdoc-- ACORD 27 (2009/12) ©1993-2009 ACORD CORPORATION. All rights reserved. The ACORD ni.mo and logo are registered marks of ACORD CNA POLICY NUMBER: 6043606413 THIS ENDORSEMENT CHANGE:;; THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL NAMED INSUREDS This endorsement modifies insurance provided under the following: BUILDERS RISK COVERAGE FORM The following additional named insureds are added to the policy: The City of National City and its elected of ficiuls, officers, employees, agents, representatives, consultants, contract employees and volunteers All other terms and conditions of the policy remain unchanged. © GNA All Rights Reserved. Page 1 of 1 PORTI-1 OP ID: VP "-I L" L-.✓/'C LIP 4,,,._--- CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 09/30/2016 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 INSURERS), 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 Rancho Mesa Insurance Services 250 Riverview Parkway #401 Santee, CA 92071 CONTACT Samuel L. Clayton (AHCNo Ext): 619-937-0164 ac, No): 619-937-0168 E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Valley Forge Insurance Co 20508 INSURED Portillo Concrete Inc. 3527 Citrus Street Lemon Grove, CA 91945 INSURER B : American Fire & Casualty 24066 INSURER C : Continental Casualty Company 20443 INSURER D : Insurance Company of the West 27847 INSURER E : Ohlo Security Insurance Co 24082 INSURER F : COVERAGES CERTIFICATE NUMBER: 1 • THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUER WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY X X 6012668068 07/29/2016 07/29/2017 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR DAMA SGE ETO(Ea occurrence) $ 100,000 X BI/PD DED 5,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE POLICY OTHER: LIMIT APPLIES X 'la PER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 $ B AUTOMOBILE X --, X LIABILITY ANY AUTO ALLOWNED X SCHEDULED X X BAA56542166 05/29/2016 05/29/2017 Ea aBcclideD SINGLE LIMIT $ 1,000,000 BODILY INJURY (Per person) $ BODILY(Peraccdent ) $ DAMAGE Per (Per accident) $ Comp/Coll Ded $ 500/500 C X UMBRELLA LIAR EXCESS LIAB X OCCUR CLAIMS -MADE 6012668071 07/29/2016 07/29/2017 EACH OCCURRENCE $ 2,000,000 AGGREGATE $ 2,000,000 DED RETENTION$ $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) It yes, describe under DESCRIPTION OF OPERATIONS below / N N / A X WSD 5000765 07 10/21/2015 10/21/2016 X PER STATUTE OTH- ER E.L. EACH ACCIDENT $ 1,000,000 E L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 E Rented/Leased Equipment BKS56542166 05/29/2016 05/29/2017 Limit 250,000 Ded 500 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: JOB #16-05 - SEWER LINE REPLACEMENT AND UPSIZING PROJECT - PHASE 1, NATIONAL CITY BLVD AND PLAZA BLVD., NATIONAL CITY, CA 91950 *"SEE ATTACHED ADDITIONAL INSUREDS. (agpap) CERTIFICATE HOLDER CANCELLATION C ITYNA1 THE CITY OF NATIONAL CITY C/O Risk Manager 1243 NATIONAL CITY BLVD. NATIONAL CITY, CA 92050-4397 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTIiORIZED REPRESENTATIVE SCadriliff----- ACORD 25 (2014/01) © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD NOTEPAD: HOLDER CODE CITYNAI INSURED'SNAME Portillo Concrete Inc. PORTI-1 PAGE 2 OP ID: VP Date 09/30/2016 THE CITY OF NATIONAL CITY AND ITS ELECTED OFFICIALS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, CONSULTANTS, CONTRACT EMPLOYEES AND VOLUNTEERS ARE HEREBY ADDED AS ADDITIONAL INSURES BUT ONLY AS RESPECTS WORK DONE BY, FOR OR ON BEHALF OF THE NAMED INSURES PER FORM CG 2010 07/04 AND CG2037 07/64 ATTACHED. PRIMARY AND NON-CONTRIBUTORY WORDING APPLIES. AUTO ADDITIONAL INSURED APPLIES PER ENDORSEMENT ATTACHED. CNA CNA PARAMOUNT Additional Insured - Owners, Lessees or Contractors - Scheduled Person or Organization Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY SCHEDULE Name of Additional Insured Location(s) of Person(s) Or Organization(s): Covered Operations The City of National City and its elected officials, officers,employees, agents, representatives, consultants, contract employees and volunteers Re: Job #16-05 Sewer Line Replacement and lipsizing Project (Phase 1). National City Blvd and Plaza Blvd, National City CA 91950 As required by written contract or written agreement, provided the location is within the coverage territory of this Coverage Part Information required to complete Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to include as an additionalinsured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: CG2010 07-04 Page ofl 2 VALLEY FORGE INSURANCE COMPANY Insured Name: PORTILLO CONCRETE, INC. Copyright CNA All Rights Reserved. Policy No: 6012668068 Endorsement No: Effective Date: 07/29/2016 CNA CNA PARAMOUNT Additional Insured - Owners, Lessees or Contractors - Scheduled Person or Organization Endorsement This insurance does not apply to: bodily injury or property damage occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of your work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. Includes copyrighted material of Insurance Services Office, Inc., with its permission CG2010 07-04 Page oft 2 VALLEY FORGE INSURANCE COMPANY Insured Name: PORTILLO CONCRETE, INC. Copyright CNA All Rights Reserved. Policy No: 6012668068 Endorsement No: Effective Date: 07/29/2016 CNA CNA PARAMOUNT Additional Insured - Owners, Lessees or Contractors - Completed Operat ions Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Person(s) Location And Or Organization(s): Description of Completed Operations The City of National City and its elected officials, officers,employees, agents, representatives, consultants, contract employees and volunteers, Re: Job #16-05 Sewer Line Replacement and Upsizing Project (Phase 1). National City Blvd and Plaza Blvd, National City CA 91950 As required by written contract or written agreement, provided the location is within the coverage territory of this Coverage Part Information required to complete 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. Includes copyrighted material of Insurance Services Office, Inc., with its permission CG2037 07-04 Page ofl 1 VALLEY FORGE INSURANCE COMPANY Insured Name: PORTILLO CONCRETE, INC. Copyright CNA All Rights Reserved. Policy No: 6012668068 Endorsement No: Effective Date: 07/29/2016 CNA Blanket Additional Insured - Owners, Lessees or Contractors - with Products -Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. The WHO IS AN INSURED section is amended to add as an Insured any person or organization whom the Named Insured is required by written cohtrrict to add as an additional insured on this coverage part, including any such person or organization, if any, specifically set forth on the Schedule attachment to this endorsement. However, such person or organization is an Insured only with respect to such person or organization's liability for: A. unless paragraph B. below applies, 1. bodily injury, property damage, or personal and advertising injury caused in whole or in part by the acts or omissions by or on behalf of the Named Insured and in the performance of such Named Insured's ongoing operations as specified in such written contract; or 2. bodily injury or property damage caused in whole or in part by your work and included in the products -completed operations hazard, and only if a. the written contract requires the Named Insured to provide the additional insured such coverage; and b. this coverage part provides such coverage. B. bodily injury, property damage, or personal and advertising injury arising out of your work described in such written contract, but only if: 1 this coverage part provides coverage for bodily injury or property damage included within the products completed operations hazard; and 2. the written contract specifically requires the Named Insured to provide additional insured coverage under the 11-85 or 10-01 edition of CG2010 or the 10-01 edition of CG2037. II. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: A. coverage broader than required by the written contract; or B. a higher limit of insurance than required by the written contract. III. The insurance granted by this endorsement 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. IV. Notwithstanding anything to the contrary in the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other insurance, this insurance is excess of all other insurance available to the additional insured whether on a primary, excess, contingent or any other basis. However, if this insurance CNA75079XX (1-15) Page 1 of 2 Policy No: 6012668068 Endorsement No: Effective Date: 07/29/16 Insured Name: Associate Mechanical Contractors inc.; Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA E. Additional Insured - Owners, Lessees or Contractors - with Products -Completed Operations Coverage Endorsement is, requiredby 'written contract to be primary and noncontributory this to urance vlll be pnmary' ;and non contributory relative solely to insurance on which the additional ihiStiei,,,i!itiiatiiinarKed insured,` V. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1. give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim; 2. except as provided in Paragraph IV, of this endorsement, agree to make available any other insurance the additional insured has for any loss covered under this coverage part; 3. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and 4. tender the defense and indemnity of any claim to any other insurer or self insurer whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph (4) does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend of indemnify an additional insured under this endorsement until the Insurer receives written notice of a ::lairn from the additional insured. VI. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires the Named Insured to make a person or organization an additional insured on this coverage part, provided the contract or agreement: A. is currently in effect or becomes effective during the term of this policy; and B. was executed prior to: 1. the bodily injury or property damage; or 2. the offense that caused the personal and advertising injury for which the additional insured sees coverage. Any coverage granted by this endorsement shell apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of anti is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy et the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA75079XX (1-15) Page 2 of 2 Policy No: 6012668068 Endorsement No: Effective Date: 07/29/16 Insured Name: Associate Mechanical Contractors Inc Copyright CNA AU Rights Reserved. Incl r1:;s copyrighted material of Insurance Services Office, Inc., with its permission. Contractors' General Liability Extension Endorsement (25. WAIVER OF SUBROGATION - BLANKET Under CONDITIONS, the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended to add the following: The Insurer waives any right of recovery the Insurer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of: 1. the Named Insured's ongoing opeiations; or 2. your work included in the products -completed operations hazard. However, this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in a written contract or written agreement, and only if such contract or agreement: 1. is in effect or becomes effective during the term of this Coverage Part; and 2. was executed prior to the bodily injury, property damage or personal and advertising injury giving rise to the claim. 26. WRAP-UP EXTENSION: OC1P, CCIP, 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 is attached to this policy, or another exclusionary endorsement pertaining to Owner Controlled Insurance Programs (O.C.I.P.) or Contractor Controlled Insurance Programs (C.C.I.P.) is attached, then the following changes apply: A. The following wording is added to it e above -referenced endorsement: With respect to a consolidated ON lap -up) insurance program project in which the Named Insured is or was involved, this exclusion does not apply to those sums the Named Insured become legally obligated to pay as damages because of: 1. Bodily injury, property damage, or personal or advertising injury that occurs during the Named Insured's ongoing operations at the project, or during such operations of anyone acting on the Named Insured's behalf; nor 2. Bodily injury or property danlage included within the products -completed operations hazard that arises out of those portions of tile project that are not residential structures. B. Condition 4. Other Insurance is amend to add the following subparagraph 4.b.(1)(c): This insurance is excess over: (c) Any of the other insurance whether primary, excess, contingent or any other basis that is insurance available to the Named Insured as a result of the Named Insured being a participant in a consolidated (wrap-up) insurance program, but only as respects the Named Insured's involvement in that consolidated (wrap-up) insurance program. C. DEFINITIONS is amended to add the following definitions: Consolidated (wrap-up) insurer,-eprogram 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: CNA74705XX (1-15) Page 16 of 17 Policy No: 6012668068 Endorsement No: Effective Date: 07/29/2016 Insured Name: ASSOCIATE MECHANICAL CONTRACTORS INC Copyright CNA All Rights Reserved. Incb.clos copyrighted material of Insurance Services Office, Inc., with its permission. Contr<:c or s' General Liability Extension Endorsement This insurance does not apply to: 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 I;,ISURANCE- PER PROJECT A. For each construction project av' ry from premises the Named Insured owns or rents, a separate Construction Project General Aggregate Limit, equal to the amount of the General Aggregate Limit shown in the Declarations, is the most the Insurer will pay for the sum of: 1. All damages under Coverage A, except damages because of bodily injury or property damage included in the products -completed operations hazard; and 2. All medical expenses under Co . c r 3re 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 General 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 constru stion project, except damages because of bodily injury or property damage included in the products -completed operations hazard; and 3. Medical expenses under Cover age C caused by accidents which cannot be attributed solely to ongoing operations at a single construction pi eject, will reduce the General Aggregate _snit ;:i,how:wwn in the Declarations. C. The limits shown in the Declaration,> for Each Occurrence, for Damage To Premises Rented To You and for Medical Expense continue to apply. hut will be subject to either the Construction Project General Aggregate Limit or the General Aggregate Lim.; shown in the Declarations, depending on whether the occurrence can be attributed solely to ongoing operations at a particular construction project. D. When coverage for liability arising cut of the products -completed operations hazard is provided, any payments for damages because of Ludiiy injury or property damage included in the products - completed operations hazard wi l redrIce the Products -Completed Operations Aggregate Limit shown in the Declarations, regardless of the iurrib..,i of projects involved. E. If a single construction project awa 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 wit still be deemed to be the same construction project. F. The provisions of LIMITS OF INSI,F,ANCE not otherwise modified by this endorsement shall continue to apply as stipulated. 12. IN REM ACTIONS A quasi in rem action against any vess,,l owned or operated by or for the Named Insured, or chartered by or for the Named Insured, will be treated in the amc-; manner as though the action were in personam against the Named Insured. 13. INCIDENTAL HEALTH CARE MALPRf.OTIC"E COVERAGE Solely with respect to bodily injury the arises o.lt of a health care incident: CNA74705XX (1-15) Page 8 of 17 Insured Name: ASSOCIATE MECHANICAL CONTRACTORS INC Copyright CNA All Rights Reserved. In, ,..tas copyrighted material of Insurance Services Office, Inc., with its permission. Policy No: 6012668068 Endorsement No: Effective Date: 07/29/2016 POLICY NUMBER: BAA56542166 COMMERCIAL AUTO CA 88 66 05 13 THIS ENDORSEMENT CIIANGF_S THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED - NONCONTRIBUTING This endorsement modifies insurance provided under the following: BUSINESS AUTO 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 modified by this endorsement. This endorsement identifies person(s) or organii iticn(s) viho are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. Schedule Name of Person(s) or Organization(s): The City of National City and its elected officials, officers, employees, agents, representatives, consultants, contract employees and volunteers 1243 National City Blvd National City CA 9] 950-4397 Regarding Designated Contract or Project: RE: Job #16-05. Sewer Line Replacement and Upsizing Project (Phase 1). National City Blvd and Plaza Blvd, National City CA 91950 Each person or organization shown in the Schedule of this endorsement 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 contained in Section II of the Coverage Form. The following is added to the Other Insurance Condition: If you have agreed in a written agreement that this policy will be primary and without right of contribution from any insurance in force for an Additional Insured for liability arising out of your operations, and the agreement was executed prior to the "bodily injury" or "property damage", then this insurance will be primary and we will not seek contribution from such insurance. CA 88 66 05 13 © 2013 Liberty Mutual Insurance. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 POLICY NUMBER: BAA56542166 To the extent possible, notice to us should include: (1) How, when and where the "accident" or "loss" took place; (2) The "insureds" name and address; and (3) The names and addresses of any injured persons and witnesses. 20. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION IV - BUSINESS AUTO CONDITIONS, paragraph A.5., Transfer of Rights of Recovery Against Others to Us, is amended by the addition of the following: If the' person or organization has waived those rights before an "accident" or "loss", our rights are waived also, 21. HIRED AUTO COVERAGE TERRITORY SECTION IV - BUSINESS AUTO CONDITIONS, paragraph B.7., Policy Period, Coverage Territory, is amended by the addition of the following: f. For "autos" hired 30 days or less, the coverage territory is anywhere in the world, provided that the insured's responsibility to pay for damages is determined in a "suit", on the merits, in the United States, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. This extension of coverage does not apply to an "auto" hired, leased, rented or borrowed with a driver. SECTION V - DEFINITIONS is amended , s fellows: 22. BODILY INJURY REDEFINED Under SECTION V - DEFINTIONS, definition C. is replaced by the following: "Bodily injury" means physical injury, sickness or disease sustained by a person, including mental anguish, mental injury, shock, fright or death resulting from any of these at any time. COMMMON POLICY CONDITIONS 23. EXTENDED CANCELLATION CONDITION COMMON POLICY CONDITIONS, paragraph A. - CANCELLATION condition applies except as fol- lows: If we cancel for any reason other than nonpayment of premium, we will mail to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. This provision does not apply in those states which require more than 60 days prior notice of cancella- tion. CA 88 10 01 13 2013 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 7 WORKERS COMPENSATION AND EMPLOY[-:RS LIABILITY INSURANCE POLICY WC 99 06 34 (Ed. 8-00) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - BLANKET We have the right to recover our payments frail) anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us). The additional premium for this endorsement shall be 3 % of the total California Workers' Compensation premium otherwise due. Schedule Person or Organization Job Description ANY ALL CALIFORNIA PERSON/ORGANIZATION OPERATIONS WREN REQUIRED BY WRITTEN CONTRACT This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only whethis endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 10/21/2015 Policy No. WSD 5000765 07 Insured PORTILLO CONCRETE INC Insurance Company INSURANCE COMPANY OF THE WEST Countersigned B WC 99 06 34 (Ed. 8-00) Endorsement No. Premium $ INCL . POLICY NUMBER C 6012668071 INSURED NAME AND ADDRESS PORTILL,:j CONCRETE INC. 3527 CITRUS ST ATTN MA IO PORTILLO LEMON GOVE, CA 91945 POLICY LIMITS OF INSURANCE Each Incident: $2,000,000 Aggregate: $2,000,000 RETAINED LIMIT Retained Limit: $0 SCHEDULE OF UNDERLYING INSURANCE Underlying Insurer Policy Number Policy Period Underlying Insurance Coverages LimitS of Insurance Valley Forge Insurance Co. General viability Each Occurrence Limit $1,000,000 General Aggregate Limit $2,000,000 Doesnt apply per location 6012668068 Applies per project Eff: 07/29/2016 to 07/29/2017 Products/Completed Operations $2,000,000 Aggregate Limit Personal and Advertising $1,000,000 Injury Liability Limit =.ut.omobile Combined Bodily Injury and AMERICAN FIRE & CASUALTY Aability Property Damage Liability: Each Accident Limit or $1,000,000 BAA56542166 Bodily Injury Liability: Each Person Limit $ Eff: 05/29/2016 to 05/29/2017 Each Accident Limit $ Property Damage Liability: Each Accident Limit $ 'l'mployer.s Bodily Injury By Accident: ICW .,iabil?ty Each Accident Limit $1,000,000 Bodily Injury By Disease: WSD 5000765 07 Each Employee Limit $1,000,000 Policy Limit $1,000,000 Eff: 10/21/2015 to 10/21/2016 Valley Forge Insurance Co. F,mployee Each Employee Limit $1,000,000 Benefit ,i.mit Aggregate Limit $1,000,000 6012668068 Eff: 07/29/2016 to 07/29/2017 INSURED Page 2 of 3 AWRE Y OP ID: MR EVIDENCE OF PROPERTY INSURANCE DATE (MMIDDIYYYY) 10/04/2016 THIS EVIDENCE OF PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE ADDITIONAL INTEREST NAMED BELOW. THIS EVIDENCE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS EVIDENCE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE ADDITIONAL INTEREST. AGENCY PHONE 619-937-0164 IAIC No. ExO• Rancho Mesa Insurance Services 250 Riverview Parkway #401 Santee, CA 92071 INC.FNol 619-937-0168 CODE: E-MAIL ADDRESS: SUB CODE: AGENCY PORTI-1 CUSTOMER ID #: • INSURED Portillo Concrete Inc. 3527 Citrus Street Lemon Grove, CA 91945 COMPANY Continental Insurance Company LOAN NUMBER POLICY NUMBER 6043606413 EFFECl1VE DATE 10/04/16 EXPIRATION DATE 10/04/17 CONTINUED UNTIL TERMINATED IF CHECKED THIS REPLACES PRIOR EVIDENCE DATED: PROPERTY INFORMATION LOCATION/DESCRIPTION National City Blvd &Plaza Blvd National City, CA 92050 #16-05 Sewer Lines Replacment and Upsizing Project - Phase 1. National City Blvd and Plaza Blvd for the City of National City, CA 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 EVIDENCE OF PROPERTY INSURANCE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDII IONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. COVERAGE INFORMATION COVERAGE/PERILS/FORMS Builders Risk: Limit Testing Operational Testing AMOUNT OF INSURANCE DEDUCTIBLE 2,496,925 Included 250,000 2,500 2,500 2,500 REMARKS Includin. S•ecial Conditions The City of National City and its elected officials, officers, employees, agents, representatives, consultants, contract employees and volunteers CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES i3E CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ADDITIONAL INTEREST NAME AND AI/DRESS M MORTGAGEE LOSS PAYEE X ADDITIONAL INSURED LOAN // The City of National City c/o Risk Manager AUTI iORIZED REPRESENTATIVE 1243 National City Blvd �7 National City, CA 92050-4397 ( ,/f #9- .€ .__ ACORD 27 (2009/12) © 1993-2009 ACORD CORPORATION. All rights reserved. The ACORD ni,mr, and logo are registered marks of ACORD CNA POLICY NUMBER: 6043606413 THIS ENDORSEMENT CHANGE .1 THE POLICY. PLEASE READ IT CAREFULLY. ADDIT1Oc4» L 'NAMED INSUREDS This endorsement modifies insurance provided under the following: BUILDERS RISK COVERAGE FORM The following additional named insureds are added to the policy: The City of National City and its elected of i icirtl:;, officers, employees, agents, representatives, consultants, contract employees and volunteers All other terms and conditions of the policy remain unchanged. © (;NA, All Rights Reserved. Page 1 of 1 RESOLUTION NO. 2016 — 155 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY INCREASING THE CONTRACT WITH FORDYCE CONSTRUCTION, INC., FOR THE NOT TO EXCEED AMOUNT OF $120,000, FOR A TOTAL NOT TO EXCEED CONTRACT AMOUNT OF $494,077.75 TO PROVIDE ADDITIONAL REPAIRS AND FACILITY IMPROVEMENTS TO ADDRESS UNFORESEEN CONDITIONS DISCOVERED DURING CONSTRUCTION OF THE LAS PALMAS PARK MUNICIPAL POOL/CAMACHO GYM/FIRE STATION 31 IMPROVEMENTS PROJECT, RATIFYING THE EXECUTION OF CHANGE ORDER NO. 7 IN THE AMOUNT OF $50,835 TO PROPERLY DISPOSE OF ASBESTOS AND LEAD -BASED PAINT MATERIALS CONTAINED IN THE BUNGALOWS LOCATED IN THE PEPPER PARK PARKING LOT, AND AUTHORIZING THE APPROPRIATION OF $25,000 IN THE FIRE STATION 31 IMPROVEMENTS CIP EXPENDITURE ACCOUNT FROM GENERAL FUND FUND BALANCE WHEREAS, on March 15, 2016, the City Council adopted Resolution No. 2016-40 awarding a contract in the amount of $325,285 to Fordyce Construction, Inc., for the Las Palmas Park Municipal Pool/Camacho Gym/Fire Station 31 Improvements Project, CIP No. 16-02 (the "Project") and authorized a 15% contingency in the amount of $48,792.75; and WHEREAS, the Project represents Phase I of refurbishments to the Las Palmas Park Municipal Pool, Camacho Recreation Center, and Fire Station 31, which includes removal and disposal of the bungalows from the Pepper Park parking lot; and WHEREAS, an increase to the contract with Fordyce Construction, Inc., in the not to exceed amount of $120,000, which is above and beyond the previously authorized 15% contingency, for a total not to exceed contract amount of $494,077.75, is necessary to provide additional repairs and facility improvements to address unforeseen conditions, such as environmental compliance issues involving mold at Fire Station 31 and hazardous building materials contained in the bungalows located in the Pepper Park parking lot that were discovered during construction; and WHEREAS, as part of the Fiscal Year 2017 budget, the City Council appropriated $500,000 in the Environmental Compliance Contract Services expenditure account from the General Fund, which will be used to pay Fordyce Construction, Inc., to rernediate the environmental compliance issues identified during construction; and WHEREAS, to meet the deadline of October 30, 2016, as established by the Temporary Use Permit between National City and the San Diego Unified Port District, the Mayor executed Change Order No. 7 in the amount of $50,835.00 to properly dispose of asbestos and lead -based paint materials as part of removal and disposal of the bungalows from the Pepper Park parking lot WHEREAS, an appropriation of $25,000 to the Fire Station 31 Improvements CIP expenditure account from General Fund fund balance is necessary to ensure sufficient funding for Fire Station 31 improvements. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes an increase to National City's contract with Fordyce Construction, Inc., in the not to exceed amount of $120,000, for a total not to exceed contract amount of Resolution No. 2016 — 155 Page Two $494,077.75, to provide additional repairs and facility improvements to address unforeseen conditions discovered during construction of the Las Palmas Park Municipal Pool/Camacho Gym/Fire Station 31 Improvements Project. BE IT FURTHER RESOLVED that the City Council ratifies Change Order No. 7 in the amount of $50,835 to properly dispose of asbestos and lead -based paint materials contained in the bungalows located in the Pepper Park parking lot. BE IT FURTHER RESOLVED that the City Council hereby authorizes an appropriation in the amount of $25,000 from Fire DIF fund balance to the Fire Development Impact Fee (DIF) CIP expenditure account. PASSED and ADOPTED this 4th day of October, 2 n Morrison, or ATTEST: Mic ael R. Dalla, Ci y Clerk 11 ROV�E.%STOF�: :d....u►,rat 1 �udia acif a Sil' City Attorney Passed and adopted by the Council of the City of National City, California, on October 4, 2016 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 CI k of the t� City 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. 2016-155 of the City of National City, California, passed and adopted by the Council of said City on October 4, 2016. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: October 4, 2016 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City, 1) increasing the contract with Fordyce Construction, Inc. in the not -to -exceed amount of $120,000, for a total not -to -exceed contract amount of $494,077.75, to provide additional repairs and facility improvements to address unforeseen conditions discovered during construction of the Las Palmas Park Municipal Pool/Camacho Gym/Fire Station 31 Improvements Project, CIP No. 16-02; 2) ratifying execution of Change Order No. 7 in the amount of $50,835 to properly dispose of asbestos and lead -based paint materials contained in the bungalows located in the Pepper Park parking lot; and 3) authorizing the appropriation of $25,000 in the Fire Station 31 Improvements CIP expenditure account from General Fund fund balance PREPARED BY: Stephen Manganiellol PHONE: i336-4382' EXPLANATION: See attached.) FINANCIAL STATEMENT: ACCOUNT NO. DEPARTMENT: Engineering & Public Works, APPROVED BY: APPROVED: 1 Finance APPROVED: MIS 001-409-500-598-1609 (Fire Station 31 Improvements CIP): $25,000 — new appropriation Remaining funds available through previous City Council appropriations. ENVIRONMENTAL REVIEW: N/A,' ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution increasing the contract with Fordyce Construction, Inc. in the not -to -exceed amount of $120,000 for the Las Palmas Park Municipal Pool/Camacho Gym/Fire Station 31 Improvements Project, CIP No. 16-02.1 BOARD / COMMISSION RECOMMENDATION: N/A 4TTACHMENTS: 1. Explanation 2. Change Order #7 3. Resolution (2,k,Soti,VI‘O No• rd41G-'5B EXPLANATION On March 15, 2016, City Council adopted Resolution No. 2016-40 awarding a contract in the amount of $325,285 to Fordyce Construction, Inc. for the Las Palmas Park Municipal Pool/Camacho Gym/Fire Station 31 Improvements Project, CIP No. 16-02 ("Project") and authorizing a 15% contingency in the amount of $48,792.75. The project represents Phase I of refurbishments to the National City Municipal Pool, Camacho Recreation Center and Fire Station 31. The contract also includes removal and disposal of the bungalows from the Pepper Park parking lot. Staff is recommending increasing the contract with Fordyce Construction, Inc. in the not -to -exceed amount of $120,000 to provide additional repairs and facility improvements to address unforeseen conditions discovered during construction. This amount would be above and beyond the previously authorized 15% contingency, resulting in a total not -to -exceed contract amount of $494,077.75. Most of the funding requested is needed to address environmental compliance issues involving mold at Fire Station 31 and hazardous building materials contained in the bungalows located in the Pepper Park parking lot. As part of the FY 2017 budget, City Council appropriated $500,000 in the Environmental Compliance Contract Services expenditure account from the General Fund. This account will be used to pay Fordyce Construction, Inc. to remediate the environmental compliance issues identified during construction. In order to meet the deadline of October 30, 2016, as established by the Temporary Use Permit between National City and the San Diego Unified Port District, staff recommended that the Mayor execute Change Order No. 7 in the amount of $50,835.00 to properly dispose of asbestos and lead -based paint materials as part of removal and disposal of the bungalows from the Pepper Park parking lot. Since the amount of this change order exceeds $50,000, ratification by City Council is required. Funding for improvements to Las Palmas Municipal Pool and Camacho Recreation Center is available through the Las Palmas Park CIP account. In order to ensure sufficient funding for Fire Station 31 improvements, staff is requesting City Council authorization to appropriate $25,000 in the Fire Station 31 Improvements CIP expenditure account from General Fund fund balance. +0-^ CALIFORNIA - NATIONAL Orr rNcoaroUasrs Las Palmas Pool, Camacho Gym and Fire Station 31 Specification #16-02 Contractor: Fordyce Construction, Inc. CHANGE ORDER NO.7 September 8, 2016 1 Reason/Purpose for this Change Order. Upon direction from the City, the contractor was asked to provide a proposal to remove asbestos and lead paint from the bungalows in Pepper Park (COR 21.2). The City of National City and Contractor agree to the following change to the original Contract: The City and the Contractor agree that the Contractor will provide all the services described in Exhibit "A" for the lump sum price of $50,835. Original Contract Amount $ 325,285.00 Net change by previously authorized Change Orders Subtotal Amount of this change order New contract amount .............. Working days added: 20 Subinitted Project Manager Approved by: Working days subtracted: 0 Percent change in Contract to date 46.83% Date • Mayor 101,485.00 426, 770.00 50,835.00 477,605.00 Engineer � Date City Manager, required for Change Orders>$24,999 Date By signing this Change Order the Contractor confirms that he/she is completely familiar with its terms and conditions and has fairly negotiated its price, terms and conditions. If this Change Order is approved, Contractor will provide all of the equipment, materials and labor necessary to provide a complete work as described above at thal the price stated herein. Additionally, Contractor confirms that the price is fair and complete and represents all costs associated with the work, including but not limited to all equipment, materials, labor, supervision, overhead, fees, bonds, insurance, profit, etc. and that there will be no further compensation. All of the terms and conditions of the original contract documents are incorporated herein. ted and agreed to byfFORDYCE CONSTRUCTION, Inc. Name: Date Note to Contractor: If you do not agree with this Change Order you may be directed to proceed with this work under the terms of the contract and you may proceed under protest. You must comply with the contract requirements of submitting a written protest to protect your claim. Originals: City Clerk, Contractor cc: Engineering project file, Project Manager 1243 National City Boulevard, National City, CA 91950 -1- Telephone (619) 336-4380 a- CALIFORNIA *� Las Palmas Poet,: Camacleo Oren and Fire. Station 31 Specification I6-t1G NISIONAL Ci r0 CHANGE ORDER NO. T, Attachment "A" DATE: August 25, 2016 WORK PERFORMED BY: FORDYCE CONSTRUCTION, INC DESCRIPTION OF WORK: asbestos arrd lead pait remora( ACCOUNTING FORTIME, MATERIALS, AND EQUIPMENT 1 Remove asbestos and lead paint hares Bungalows 50,535.00 2. 3 5 -2- FORDYCE CONSTRUCTION 9932 Prospect Ave., #138 Santee, CA 92071 Phone (619) 449-4272 Fax (619) 449-1930 License # 608529 COST ESTIMATE SUMMARY SHEET for EXTRA WORK Project: Las Palmas Pool,Camacho Gym and Fire Station 31 Description of Work: 21.2 Pepper park abatement of bungalows Contractor: Fordyce Construction COR #: Spec No: 16037 Date: 9/6/2016 Worksheet description ' Totals 1 Prime Contractor (Includes Prime Contractor Mark Up) $4,106.10 2 Sub -Contractor (Includes Prime Contractor Mark Up) $45,977.40 Subtotal: $50.083.50 1.5% BOND: $751.25 GRAND TOTAL :I $50,835.00 -3- CONSTRUCTION ORDYCE 9932 Protect Ave #t138 Santee CA 92071 Phone (619) 449.4272 Fad 19) 449.1930 License t1608529 GE(4ERAL CrON RACTOR - COST ESTIMATE for EXTRA WORK Contract No, Prepared By: Amy Crandall Project: Las Palmas Pool,Camacho Gym and Fire Station 31 Description of Work COR: 21.2 Pepper park abatement of bungalows Contractor: Fordyce Construction Inc. Date: 09106/16 Project No. 14002 Item Description Qty Unit Materials Unit Cost Total Man Hours Labor Labor Rate Total Base Labor Equi ment Unit Cost Total Sub- contractor Cost Labor 1 Supervision 12 HR 12 75.00 900.00 2 8 HR 8 75.00 600.00 permit process 0 HR 0 50.13 0.00 0 HR 0 50.13 0.00 0 HR 0 50.13 0.00 i 0 HR 0 50.13 0.00 Equipment Temp. fencing 250 FT 2.00 500.00 0 0 0 0.00 0.00 0.00 Materials W Water meter (Min) 1 LS 850.00 0 0.00 0 0.00 0 4.00 0 0.00 0 0..04 Subcontractor Costs Watkins environmental 42,788.00 Environmental consulting (Clearance only) continious inspection not included 1,000.00 S SUBTOTAL $850.00 $ 1,504.00 $500.00 $43,788.00 Sales Tax/Labor Burden 8,75% $74,38 34.32% $ 514.80 $43.75 -- Total Without Mark Ups $924.38 $ 2,014.80 $543.75 $43,788.00 $ 2,189.40 $45,977.40 Mark -Up Percentages 15% $138.66 20% $ 402.96 15% $81.56 5% Total with Mark -Up *Marl $1,063.03 * Labor $ 2,417.76 * Equip. $625.31 'Subcont. Grand Subtotal: $50,083.50 BOND@: 1.50%1- I $751.25 GRAND TOTAL : $50,835,00 Hazardous frl O, ENVIRONMENTAL August 04, 2016 Mr. Vince Crisci Fordyce Construction 9932 Prospect Ave., Suite 138 Santee, CA 92071 Project: Subject: Dear Mr. Crisci, 8291 AFRO PLACE, SUITE 160, SAN DIEGO, CA 92123 , 858 2661600 ' fax 858 268 1525 www.WatkivuErrviro.com , CA:icer.er966461 Pepper park bungalows Asbestos and lead abatement Quote #Q-4036GW Phone: (619) 449-4272 Fax: (619) 449-1930 E-mail: vcrisci@fordyceconstruction.com Watkins Environmental is pleased to provide you with the following quote for work on your project. Our quote is based on the following Work to be Performed, Items Included in Quote, Items Excluded from Quote, and General Conditions of Quote. Work to be Performed Remove and dispose of the asbestos and lead as identified in the ESC surveys dated 7-27-16. All work to be performed prior to demolition by others. Our Price tor this Work $42,788.00 This quote is valid for 60 days from the date of the quote. If you do not notify Watkins Environmental, Inc. with a notice of intent to award or issue a contract within the 60-day period, we retain the right to revise our price and re- submit. This quote is subject to any regulatory cost changes and industry cost increases that would require a modification to the quote. All work will be performed in strict compliance with all Federal, State and Local regulations. We appreciate the opportunity to quote on your project. If I can be of any further assistance, please do not hesitate to call me at (858) 268-1500. Sincerely, Greg Watkins Page 1 of 3 -5- ld xz^Ot>itf, „#3fCtC.. MOMOMMINNIMINVMMT WAria R S ENVIRONMENTAL 8291 AERO PLACE, SUITE 160, SAN DIEGO, CA 92123 858 268 1500 1 fax 858 2681525 www_WatklnsEnvito.com , CA .era4 11966:16'. Inclusions, Exclusions, and General Conditions of Quote Q-4036GW, dated August 04, 2016 Items Included in Quote: ® All Friable and/or Non -Friable Asbestos Waste will be properly containerized, manifested, transported, and disposed of at a landfill chosen by Watkins Environmental, Inc. • Only personnel certified and trained in the type of work being performed will be allowed in the work areas. • Watkins will provide all its own electrical power requirements • Everything described under Work to be Performed. ® Watkins bid is based on all asbestos, lead, universal waste and/or other hazardous materials and quantitiesas identified in reports provided. • Watkins will hire a third party industrial hygiene firm of its choice to do the required lead clearances. ® All Lead Waste will be properly containerized, manifested (if required), transported, and disposed of properly at a facility chosen by Watkins Environmental, Inc. • Client agrees to provide Watkins with dumpster staging area directly adjacent to our work area. All required Federal, State, County, and Local agencies, including but not limited to Air Pollution • Control District,Cal OSHA, DOSH, and DHS will be notified as necessary prior to work. Watkins Environmental, Inc. will be responsible tor paying all tees. • Prevailing wage rates will be paid. Items Excluded from Quote: • Any work required that is not specifically identified under Work to be Performed or in the Items Included in our Quote. • Cutting, capping, or redirecting utilities. • Moving of any items to access our work, including but not limited to furniture, fixtures, equipment, etc. • Removal and or disposal of any other hazardous materials not defined under Work to be Performed. • Replacement of any materials or items removed by Watkins Environmental. • Removal of any items to be salvaged or reused. • Any site fencing. • Watkins will not be providing any site security. • Any required SWPPP documents, implementation, or maintenance. • Providing any temporary toilets or sanitation facilities. • We will not be held responsible for weather protection of our work areas, including but not limited to heat, rain, hail, snow, water, wind or any other weather condition. General Conditions of Quote: • Owner/Client agrees that retention will not be held from our payment. • Payment is 100% due within 30 days of invoice. • Owner/Client to provide all water necessary to perform our work. Page 2 of 3 -6- ENVIRONMENTAL 8291 AERO PLACE, SUITE 160, SAN DIEGO, CA 92123 858 268 150C fay 858 268 1525 wwvaVatkinsEnvitc.coin _ ; 966461 AUTHORIZATION TO PROCEED By signing this Authorization to Proceed, you agree that you have read the attached description of the Work to be Performed and you understand the Items Included in Quote, Items Excluded from Quote, and General Conditions of Quote for Quote #Q-4036GW, dated August 04, 2016. You are authorizing Watkins Environmental, Inc. to proceed. If you are not the Owner/Client, you warrant that you are duly authorized to sign on behalf of the Owner/Client listed. You agree to the quote amount and the payment terms. Any discrepancy or claim arising out of or relating to this project shall be settled in the County of San Diego by arbitration in accordance with construction industry arbitration rules of the American Arbitration Association. Mr. Vince Crisci Fordyce Construction Print Name: Signature: Page 3 of 3 Date:: Titke: -7- RESOLUTION NO. 2016 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY INCREASING THE CONTRACT WITH FORDYCE CONSTRUCTION, INC., FOR THE NOT TO EXCEED AMOUNT OF $120,000, FOR A TOTAL NOT TO EXCEED CONTRACT AMOUNT OF $494,077.75 TO PROVIDE ADDITIONAL REPAIRS AND FACILITY IMPROVEMENTS TO ADDRESS UNFORESEEN CONDITIONS DISCOVERED DURING CONSTRUCTION OF THE LAS PALMAS PARK MUNICIPAL POOL/CAMACHO GYM/FIRE STATION 31 IMPROVEMENTS PROJECT, RATIFYING THE EXECUTION OF CHANGE ORDER NO. 7 IN THE AMOUNT OF $50,835 TO PROPERLY DISPOSE OF ASBESTOS AND LEAD -BASED PAINT MATERIALS CONTAINED IN THE BUNGALOWS LOCATED IN THE PEPPER PARK PARKING LOT, AND AUTHORIZING THE APPROPRIATION OF $25,000 IN THE FIRE STATION 31 IMPROVEMENTS CIP EXPENDITURE ACCOUNT FROM GENERAL FUND FUND BALANCE WHEREAS, on March 15, 2016, the City Council adopted Resolution No. 2016-40 awarding a contract in the amount of $325,285 to Fordyce Construction, Inc., for the Las Palmas Park Municipal Pool/Camacho Gym/Fire Station 31 Improvements Project, CIP No. 16-02 (the "Project") and authorized a 15% contingency in the amount of $48,792.75; and WHEREAS, the Project represents Phase I of refurbishments to the Las Palmas Park Municipal Pool, Camacho Recreation Center, and Fire Station 31, which includes removal and disposal of the bungalows from the Pepper Park parking lot; and WHEREAS, an increase to the contract with Fordyce Construction, Inc., in the not to exceed amount of $120,000, which is above and beyond the previously authorized 15% contingency, for a total not to exceed contract amount of $494,077.75, is necessary to provide additional repairs and facility improvements to address unforeseen conditions, such as environmental compliance issues involving mold at Fire Station 31 and hazardous building materials contained in the bungalows located in the Pepper Park parking lot that were discovered during construction; and WHEREAS, as part of the Fiscal Year 2017 budget, the City Council appropriated $500,000 in the Environmental Compliance Contract Services expenditure account from the General Fund, which will be used to pay Fordyce Construction, Inc., to remediate the environmental compliance issues identified during construction; and WHEREAS, to meet the deadline of October 30, 2016, as established by the Temporary Use Permit between National City and the San Diego Unified Port District, the Mayor executed Change Order No. 7 in the amount of $50,835.00 to properly dispose of asbestos and lead -based paint materials as part of removal and disposal of the bungalows from the Pepper Park parking lot WHEREAS, an appropriation of $25,000 to the Fire Station 31 Improvements CIP expenditure account from General Fund fund balance is necessary to ensure sufficient funding for Fire Station 31 improvements. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes an increase to National City's contract with Fordyce Construction, Inc., in the not to exceed amount of $120,000, for a total not to exceed contract amount of Resolution No. 2016 — Page Two $494,077.75, to provide additional repairs and facility improvements to address unforeseen conditions discovered during construction of the Las Palmas Park Municipal Pool/Camacho Gym/Fire Station 31 Improvements Project. BE IT FURTHER RESOLVED that the City Council ratifies Change Order No. 7 in the amount of $50,835 to properly dispose of asbestos and lead -based paint materials contained in the bungalows located in the Pepper Park parking lot. BE IT FURTHER RESOLVED that the City Council hereby authorizes an appropriation in the amount of $25,000 from Fire DIF fund balance to the Fire Development Impact Fee (DIF) CIP expenditure account. PASSED and ADOPTED this 4th day of October, 2016. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney ry'R(bxATED A1;6 O/// tm„„.a,,��unnn\1\\a� CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950-4397 619-336-4228 Michael R. Dalla, CMC - City Clerk FORDYCE CONSTRUCTION Increase of Contract Amount & Change Order #7 Las Palmas Pool, Camacho Gym, Fire Station 31 Improvements Project Judy Hernandez (Engineering/PW) Forwarded Copy of Change Order to Fordyce Construction