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HomeMy WebLinkAbout2017 CON Tri-Group Construction and Development - 18th Street Pedestrian & Bicycle Enhancements CIP No. 16-10OWNER - CONTRACTOR AGREEMENT 18T" STREET PEDESTRIAN & BICYCLE ENHANCEMENTS PROJECT, CIP NO. 16-10 This Owner -Contractor Agreement ("Agreement") is made by and between the City of National City, 1243 National City Boulevard National City, California 91950 and Tri- Group Construction and Development, Inc. ("Contractor"), 9580 Black Mountain Road, Suite L , San Diego, CA 92126 on the 4th day of April, 2017, 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 fake claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the Owner seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys' fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. I have read and understood all of the provisions of this Section 15, above: (Initial) (Initial) 14. AGREEMENT MODIFICATION This Agreement and the Contract Documents may not be modified orally or in any manner other than by an amendment in writing and signed by the Owner and the Contractor. IN WITNESS WHEREOF this Agreement is executed as of the date first written above. Owner: or, City of National City Attest: 1' City Clerk, City of rational City Contractor: TRI-GROUP CONSTRUCTION AND DEVELOPMENT, INC. (Owner/Officer signature) 604fa ss Or%) Print name and title ri i+ Gus fps s T P(L�s i (Second officer signature if a corporation) Print name and title Contractor's City Business License No. State Contractor's License No. and Class Business street address 5 i)+ City, State and Zip Code cI g1 l4 2 (e 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) 18th Street Pedestrian and Bicycle Enhancements Project, CIP No. 16-10 Bid Proposal The Contractor confirms that his/her bid is submitted with respect to the changes to the contract included in all addenda issued by the Owner. Receipt is hereby acknowledged of Addenda No.(s): 3 WARNING: If an addendum or addenda have been issued by the Owner and not noted above as being received by the bidder, this Bid may be rejected. Base Bid kf DESCRIPTION UNIT QTY UNIT PRICE EXTENSION 1 Mobilization / Demobilization LS 1 3° noo 1 3 c VCR.] 2 Surveying and Construction Staking LS 1 ):Jr oo..> I � .i7o0 3 Water Pollution Control LS 1 ti Q' 00 0 (�` ot) J 4 Traffic Control and Pedestrian Control LS 1 33 c)V.D 30 000 5 Clearing and Grubbing LS 1 -1 t} r,a o v —i tirt a D i7 6 Unclassified Excavation LS 1 2 t:i o0 Z,0t oOl7 7 Removal, Disposal, and Replacement of Unsuitable Material CY 350 2 64 .2-.SU 8 Furnish and Construct Class II Aggregate Base TON 750 (4S v 3 r7 J 9 Furnish and Install RS380i Mirafi Woven Geosynthetic, or approved equal SY 1,455 S _. 2.--7 10 Furnish and Construct Asphalt Concrete Pavement TON 411 6 f g 5 11 Furnish and Install Stress- Relieving Fabric SF 2,421 3 -) 2- .6_ j f 12 1.5' Asphalt Mill and Overlay SY 15,400 3 1 2- 3 2,-©D 18th Street Pedestrian Bicycle Enhancements Project, CIP No. 16-10 Addendum No. 2 18th Street Pedestrian and Bicycle Enhancements Project, CIP No. 16-10 Bid Proposal 13 Furnish and Install Biofilter Unit EA 2 2 S-t,, 3 / 2OO 14 Construct 4" PCC Sidewalk per SDRSD G-7, G-9, G-10, G-11 SF 10,630 (, _I 1 . ‘ .7 J 15 Construct Curb Ramp (All Types) EA 8 3 Ooa —1._(4 000 16 Construct 6" Concrete Driveway (all types) SF 1,870 t 17 Construct 6" Curb and Gutter per SDRSD G-1 LF 380 7) C 1 2, 3 0 18 Construct Concrete Ribbon Gutter Per Plans SF 310 2, 3 -7 .w 19 Construct Cross Gutter per SDRSD G-12 SF 575 12- C , / E' c 20 Install Sidewalk Underdrain Pipe per SDRSD D-27 EA 1 `` 0 o oo 0 21 Furnish and Install Lighting and Electrical LS 1 2ct Qoo t 2,6 ooZ2 k 22 Furnish and Install Landscaping LS 1 1 23 Furnish and Install Stabilized Decomposed Granite TON 17 3d v Jr (0 J 1 24 180 Day Landscape Maintenance Period LS 1 p�'� r^ J ��v 25 Furnish and Install Signing and Striping LS 1 3( ©J 3 j t �ot� 26 Field Orders ALLOW 1 $ 5,000.00 $ 5,000.00 SUB -TOTAL BASE BID q 00, � G`/ 1 0 g 18th Street Pedestrian Bicycle Enhancements Project, CIP No. 16-10 Addendum No. 2 l8th Street Pedestrian and Bicycle Enhancements Project, CIP No. 16-10 Bid Proposal Additive Bid # DESCRIPTION UNITS QTY UNIT PRICE EXTENSION 27 Furnish and Install AC LED Enhanced School Warning Sign System EA 3 ( Li OOP ' 11 2 a,,v0 ' 28 Remove Existing Curb Ramp and Construct Curb Ramp (All Types) EA 38 7j SO 0 1 '3 3 c ) 29 Remove Existing Sidewalk and Construct 4" PCC Sidewalk per SDRSD G-7, G-9, G-10, G-11 SF 4,215 (V `i Z1 51) / 30 Remove Existing Curb and Gutter and Construct Curb and Gutter per SDRSD G-2 (Match Existing Curb Height) LF 469 4_ J 7 I E 7 6o ' SUBTOTAL ADDITIVE BID _ 23S ql 0 Additive Alternate Bid # DESCRIPTION UNITS QTY UNIT PRICE EXTENSION 31 Slurry Seal, Type 2 SY 15,400 s b , $S (,j 40 32 3/8" Asphalt Rubber Aggregate Membrane (ARAM) SY 15,400 , 20 t 2 b -2- SUBTOTAL ADDITIVE ALTERNATE BID \ E fl ZC7 GRAND TOTAL - BASE, ADDITIVE & ADDITIVE ALTERNATE BID q�q I D(- )l�/ 530' Oc> 18th Street Pedestrian Bicycle Enhancements Project, CIP No. 16-10 Addendum No. 2 18th Street Pedestrian and Bicycle Enhancements Project, CIP No. 16-10 Bid Proposal By signing and submitting this bid, the contractor confirms that they are familiar with the work site and all existing conditions that may affect their work and that they have read and agree to all the terms, conditions and requirements contained or referenced herein and that all the aforementioned has been included in the bid prices listed above including items of work that may not have a specific pay line item and that there shall be no additional costs to the Owner. TRI-GROUP CONSTRUCTION AND DEVELOPMENT, INC. Legal Name of the Business G o ? i2.--AN.--Th Business Type (Corporation, Partnership, Sole Proprietor) DBA Name and Title of Owner 71\(" ` 5S Name and Title of second partner or officer cks c 1�L_ApCi( ;oh, Ca-D St , Business Address CA IZ Signature of Prime Contractor, Date Signature of Prime Contractor, Date i�-vs des s i �tr st L� ; \A ,b.,..l Print Nametand Title Print Name and Titfe (If the Prime Contractor is a corporation two signatures of corporate officers are required.) ZCp 18th Street Pedestrian Bicycle Enhancements Project, CIP No. 16-10 Addendum No. 2 CORPORATE CERTIFICATE I, /� / 5 S� certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that 6ii C* SS a.-) "GLAS I' /1-SST , who signed said contract on behalf of the Contractor, was then pr2'-1, i7i of said Corporation; that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers. I, /--) A/`l:1_,prs5.L-- certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that NAn,/ "ASS"/— , who signed said contract on behalf of the Contractor, was then S - --'n `f-:--- GoOP011,b; vel 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: STATE OF COUNTY OF PARTNERSHIP CERTIFICATE ) ss On this day of , 2017, before me, the undersigned, a Notary Public in and for said County and State, personally appeared: (Notary Seal) known to me to be of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. Signature: Name (Type or Print): (Notary Public in and for said County and State) My Commission expires: PERFORMANCE BOND EXECUTED IN TRIPLICATE BOND NO. 2256205 PREMIUM: $9,016.00 PREMIUM IS FOR CONTRACT TERM AND IS SUBJECT TO ADJUSTMENT BASED ON FINAL CONTRACT PRICE WHEREAS, the City Council of the City of National City, by Resolution No. 2017-49, passed the 4T" day of April, 2017 has awarded to Tri-Group Construction and Development, Inc., hereinafter designated as the "Principal", the 18TH STREET PEDESTRIAN & BICYCLE ENHANCEMENTS PROJECT, CIP No. 16-10. WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract. NOW, THEREFORE, we, the Principal and NORTH AMERICAN SPECIALTY INSURANCE COMPANY as surety, are held and firmly bound unto the City Council of the City of National City, hereinafter called the "Council", in the penal sum of Nine Hundred Fifteen Thousand, Eight Hundred Eighteen Dollars no Cents ($915,818.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the above bounden Principal, his/her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said contract any alteration thereof made as therein provides, on his or their part, to be kept and performed at the time and in the amount therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of National City, the City Council, their officers, agents, and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. And the said Surety, for value received, hereby stipulates and agrees that no change, extension 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 3RD day of MAY , 2017. NORTH AMERICAN TRI-GROUP CONSTRUCTION SPECIALTY INSURANCE COMPANY (SEAL) AND DEVELOPMENT, INC. (SEAL) -1--1vh, il ctatvle (SEAL) (SEAL) MICHELLE M. BASUIL, ATTORNEY -IN -FACT (SEAL) HANI ASSI, SECRETARY (SEAL) Surety Principal PERFORMANCE BOND ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF ) ss COUNTY OF On this day of , 2017, 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: Name (Type or Print): Notary Public in and for said County and State My Commission expires: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of SAN DIEGO On S% r -2"0 « before me, SANDRA FIGUEROA, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared HANI ASSI Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(a) is/arc subscribed to the within instrument and acknowledged to me that he/shc/thcy executed the same in his/hcr/thcir authorized capacity(ies), and that by his/ho(4oi* signature(&) on the instrument the person(&), or the entity upon behalf of which the person(&) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. �r COMM. # 2162642 Z a SAN DIEGO COUNTY NOTARY PUBLIC-CAUFORNIA2 MY COMMISSION EXPIRES - AUGUST 14, 2020 SANDRA FIGUEROA 1 Place Notary Seal Above WITNESS my hand and official seal. Signature OPTIONAL Signature of otary 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: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: HANI ASSI ® Corporate Officer — Title(s): SECRETARY ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of SAN DIEGO On 5/3/2017 before me, SANDRA FIGUEROA, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared MICHELLE M. BASUIL Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(e) whose name(s) is/arc subscribed to the within instrument and acknowledged to me that 49e/she/they executed the same in his/her/their authorized capacity(ies), and that by I94s/her/their signature( on the instrument the person(e), or the entity upon behalf of which the person(e) 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. SANDRA FIGUEROA COMM. # 2162642 SAN DIEGO COUNTY NOTARY PUBLIC-CALIFORNIA2 MY COMMISSION EXPIRES 1 AUGUST 4, 2020 Place Notary Seal Above WITNESS my hand and official seal. Signature OPTIONAL Signature of Notary Public Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Capacity(ies) Claimed by Signer(s) Signer's Name: MICHELLE M. BASUIL ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual XI Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Named Above: Signer's Name: LI Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual El Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg, Illinois, each does hereby make, constitute and appoint: JOHN G. MALONEY, HELEN MALONEY, MICHELLE M. BASUIL, and MARK D. IATAROLA JOINTLY OR SEVERALLY Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: FIFTY MILLION ($50,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 9th of May, 2012: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." even y StP. Anderson, Senior Vice President of Washington International Insurance Company & Senior Vice President of North American Specialty Insurance Company Michael A. itto Senior Vice President o_ toInternational Insurance Company & Senior Vice President of North American Specialty Insurance Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 17th day of September , 2015 State of Illinois County of Cook ss: North American Specialty Insurance Company Washington International Insurance Company On this 17th day of September , 2015 , before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Michael A. Ito , Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. OFFICIAL SEAL M KENNY NOTARY PUBLIC, STATE OF ILLINOIS MY COMMISSION EXPIRES 12104/2017 M. Kenny, Notary Public I, Jeffrey Goldberg , the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 3RD day of MAY , 20 17 Jeffrey Goldberg, Vice President & Assistant Secretary of Washington International Insurance Company & North American Specialty Insurance Company EXECUTED IN TRIPLICATE BOND NO. 2256205 PREMIUM INCLUDED IN PERFORMANCE BOND PAYMENT BOND WHEREAS, the City Council of the City of National City, by Resolution No. 2017-49, passed the 4th day of April, 2017 has awarded Tri-Group Construction and Development, Inc., hereinafter designated as the "Principal", the 18TH STREET PEDESTRIAN & BICYCLE ENHANCEMENTS PROJECT, C1P NO. 16-10. 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; NORTH AMERICAN NOW, THEREFORE, we, the Principal and SPECIALTY 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 Nine Hundred Fifteen Thousand, Eight Hundred Eighteen Dollars no Cents ($915,818.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his/her or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay any of the persons named in Section 3181 of the California Civil Code, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the Contractor and his subcontractors pursuant to Section 18806 of the Revenue and Taxation Code, with respect to such work and labor the Surety will pay for the same in an amount not exceeding the sum hereinafter specified, and also, in case suit is brought upon this bond, a reasonable attorney's fee, to be fixed by the Court. This Bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code, so as to give a right of action to such persons or their assigns in any suit brought upon this bond. It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement hereinabove described or pertaining or relating to the furnishing of labor, materials, or equipment therefore, not by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement hereinabove described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner of Public Entity and original contractor or on the part of any obliges named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 3110 or 3112 of the California Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned. IN WITNESS WHEREOF three identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the 3RD day of MAY 2017. NORTH AMERICAN SPECIALTY INSURANCE COMPANY (SEAL) '1-n -?.14, 1 /1 a4u:'-G (SEAL) MICHELLE M. BASUIL, ATTORNEY -IN -FACT (SEAL) Surety TRI-GROUP CONSTRUCTION AND DEVELOPMENT, INC. HANI ASSI, SECRETARY Principal (SEAL) (SEAL) (SEAL) ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF COUNTY OF ) 55 On this day of , 2017, 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 property acknowledged. NOTE: The Attorney -in -fact must attach a certified copy of the Power of Attorney. Signature: Name (Type or Print): (Notary Public in and for said County and State) My Commission expires: ATTACH ALL BONDS CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of SAN DIEGO On S/ -/'tom, ! - Date before me, SANDRA FIGUEROA, NOTARY PUBLIC Here Insert Name and Title of the Officer personally appeared HANI ASSI Name(s) of Signers) 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/shefthey executed the same in his/hcr/thcir authorized capacity(ies), and that by his/hor-/thoir 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. SANDRA FIGUEROA COMM. # 2162642 SAN DIEGO COUNTY y NOTARY PUBLIC-CALIFORNiA[ MY COMMISSION EXPIRES AUGUST 14, 2020 Place Notary Seal Above WITNESS my hand and official seal. Signature OPTIONAL Signature of otary 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: Document Date: Number of Pages: Signer(s) Other Than Capacity(ies) Claimed by Signer(s) Signer's Name: HANI ASSI ® Corporate Officer — Title(s): SECRETARY ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Named Above: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: • ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of SAN DIEGO On 5/3/2017 before me, SANDRA FIGUEROA, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared MICHELLE M. BASUIL Name(s) of Signer(&) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/arc subscribed to the within instrument and acknowledged to me that J e/she/thcy executed the same in fa+s/her/t ►eir authorized capacity(ies), and that by 194s/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. SANDRA FIGUEROA COMM. # 2162642 SAN DIEGO COUNTY NOTARY PUBLIC-CALIFORN1A2 MY COMMISSION EXPIRES Y AUGUST 14, 2020 Alt Place Notary Seal Above WITNESS my hand and official seal. Signature OPTIONAL Signature r:4 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: Document Date: Number of Pages: Signer(s) Other Than Capacity(ies) Claimed by Signer(s) Signer's Name: MICHELLE M. BASUIL ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual IK Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Named Above: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General Individual [Ti Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg, Illinois, each does hereby make, constitute and appoint: JOHN G. MALONEY, HELEN MALONEY, MICHELLE M. BASUIL, and MARK D. IATAROLA JOINTLY OR SEVERALLY Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: FIFTY MILLION ($50,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 9`s of May, 2012: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." y ; �NPOA '•. G Q'FLPO "�NiP j! G TF•.,QP . By ~�: GO Rqj G. `�+:' • SEAL t n Steven P. Anderson, Senior Vice President of Washington International Insurance Compam SEAL U1t'1, 1973 ryin & Senior Vice President of North American Specialty Insurance Company c's E ti0ii �' 04, \ I;.'' ....... -fir i kiiiiiiiiikoy Michael A. IItto, Senior Vice President of V ashtington International Insurance Company rtturr;,+,,uoeM� & Senior Vice President of North American Specialty Insurance Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 17th day of September , 2015 . State of Illinois County of Cook ss: North American Specialty Insurance Company Washington International Insurance Company On this 17th day of September , 2015 before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Michael A. Ito , Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. OFFICIAL SEAL M KENNY NOTARY PUBLIC, STATE OF IW NOIS MY:COMMISSI0N EXPIRES 1210 /2017 M. Kenny, Notary Public I, Jeffrey Goldberg , the duly elected Assistant Secre ary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 3RD day of MAY ,2017 Jeffrey Goldberg, Vice President & Assistant Secretary of Washington International Insurance Company & North American Specialty Insurance Company ACORD TRI-CON-01 VSZAFRANSKI CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 05/24/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License # 0525512 Teague Insurance Agency, Inc. 4700 Spring St., #400 La Mesa, CA 91942 INSURED Tri-Group Construction and Development, Inc. 9580 Black Mountain Rd, Ste L San Diego, CA 92126 CONTACT NAME: PHONE (A/C, No, Ed): (619) 464 6851 (A/c, No):(619) 668-4715 MAIL DDRESS: info@teagueins.com INSURER'S) AFFORDING COVERAGE NAIC # INSURER A: Gemini Insurance Company INSURER B: Financial Pacific Insurance Company INSURER C : National Union Fire Ins. Co. INSURER D : State Compensation Insurance Fund 10833 31453 19445 35076 INSURERE: Westchester Surplus Lines Insurance Company 10172 INSURER F : COVERAGES CERTIFICATE NUMBER: ION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES INDICATED. NOTWITHSTANDING ANY REQUIREMENT, CERTIFICATE MAY BE ISSUED OR MAY EXCLUSIONS AND CONDITIONS OF SUCH INSR TYPE OF INSURANCE LTR OF INSURANCE PERTAIN, POLICIES. LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY NUMBER POLICY EFF POLICY EXP OMITS (MM/DD/YYYYI (MM/DD/YYYY) ADDL INBD BURR WVD A x COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE I, $ 1,000,000 CLAIMS -MADE f X l OCCUR _._.. L I X X VCGP022457 06/28/2016 06/28/2017 DAMAGE TO RENTED PREMISES (Ea oocurrenCej $ 50,000 MED EXP (Any one person) $ 5,000 PERSONAL 4ADV INJURY $ 1,000,000 GENL AGOREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 2,000,000 POLICY X 1 LOC PRODUCTS - COMP/OP AGG $ 2,000,000 OTHER: $ B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 (Ea accident) $ X ANY AUTO X X 60468287 10/15/2016 10/15/2017 BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILYBODILY INJURY (Per accident) $ AUTOS ONLY AUTOS ONLDY ?�Oaccident) DAMAGE $ $ C+ UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 2,000,000 X EXCESS LIAB CLAIMS -MADE EBU023085321 11/10/2016 06/28/2017 AGGREGATE $ 2,000,000 DED ' RETENT ON $ $ D WORKERS COMPENSATION X STATUTE ' ER AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N X 9097926 05/01/2017 05/01/2018 '., E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N / A E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1,000,000 $ B Equipment Coverage 60468287 10/15/2016 10/15/2017 Leased/Rented 100,000 E Pollution Liability G27613494002 06/28/2016 06/28/2017 Aggregate 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: 18th St. Ped & Bicycle Enhancement, CIP #16-10 The City of National City, its elected officials, officers, employees, agents, representatives, consultants, contract employees and volunteers are included, when required by written contract, as additional insured for ongoing & completed operations with primary non-contributory language with waiver of subrogation with per project aggregate with respects to the general liability, and as additional insured with waiver of subrogation with respects to the auto liability, and with waiver of subrogation with respects to the workers compensation, per attached forms. *This certificate supersedes the previously issued certificate* CERTIFICATE HOLDER CANCELLATION The City of National City c/o Risk Manager 1243 National City Blvd National City, CA 91950-4397 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Policy Number: VCGP022457 Insured Name:Tri-Group Construction & Development Inc. Number: 11 CG 2010 10 01 Effective Date: 06/28/2016 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name of Person Or Organization: Any person or organization when you and such person or organization have agreed in writing in a contract, prior to an occurrence that causes "bodily injury", "property damage" or "personal and advertising injury", that such person or organization be added as an additional insured on your policy. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section II — Who is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. B. With respect to the insurance afforded to these additional insureds, the following exclusion is added: 2. Exclusions 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 site 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. CG20101001 Page 1 of 1 Policy Number: VCGP022457 Insured Name: Tri-Group Construction & Development Inc. Number: 10 CG 20 37 10 01 Effective Date: 06/28/2016 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person or organization when you and such person or organization have agreed in writing in a contract, prior to an occurrence that causes "bodily injury", "property damage" or "personal and advertising injury", that such person or organization be added as an additional insured on your policy. Location And Description of Completed Operations: All locations and completed operations for which you and the additional insured have agreed in writing in a contract prior to an occurrence that causes "bodily injury", "property damage" or "personal and advertising injury". Additional Premium: 0.00 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Section II — Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" at the location designated and described in the schedule of this endorsement performed for that insured and included in the "products -completed operations hazard". CG 20 3710 01 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 0 Policy: VCGP022457 Insured Name: Tri-Group Construction & Development Inc. Number: 17 CG 20 01 04 13 Effective Date: 06/28/2016 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (I) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. CG 20 01 04 13 1 of 1 Policy Number: VCGP022457 Insured Name: Tri-Group Construction & Development Inc. Number: 22 CG 24 04 05 09 Effective Date: 06/28/2016 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part SCHEDULE Name Of Person Or Organization:Any person or organization when you and such person or organization have agreed in writing in a contract, prior to an occurrence that causes "bodily injury", "property damage" or "personal and advertising injury', that you would provide such person or organization a waiver of transfer of rights of recovery against others to us on your policy. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 Page 1 of 1 Policy Number: VCGP022457 Insured Name: Tri-Group Construction & Development Inc. Number: 27 VE 01 84 12 13 Effective Date: 06/28/2016 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECTS(S) GENERAL AGGREGATE LIMIT - SUBJECT TO A MAXIMUM AGGREGATE This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part SCHEDULE Designated Construction Project(s): All construction projects for which you have agreed in writing in a contract, prior to an occurrence that causes "bodily injury", "property damage" or "personal and advertising injury", to provide project specific limits. A. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I — Coverage A, and for all medical expenses caused by accidents under Section I — Coverage C, which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. A separate Designated Construction Project General Aggregate Limit applies to each designated construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard", and for medical expenses under Coverage C regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated Construction Project General Aggregate Limit for that designated construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Construction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. VE 01 84 12 13 Page 1 of 2 4. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Construction Project General Aggregate Limit. 5. All payments under this endorsement are subject to the Maximum Aggregate Limit of: $ 5,000,000 The Maximum Aggregate Limit is the most we will pay under this endorsement regardless of the number of Designated Construction Project General Aggregate Limits. The Maximum Aggregate Limit is not available to pay for damages or expenses other than as set forth in the endorsement. B. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section 1 — Coverage A, and for all medical expenses caused by accidents under Section I — Coverage C, which cannot be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products -completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Designated Construction Project General Aggregate Limit. C. When coverage for liability arising out of the "products -completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard" will reduce the Products -completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated Construction Project General Aggregate Limit. D. If the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E. The provisions of Section III — Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated. VE 01 84 12 13 Page 2 of 2 Policy Number: 60468287 FPICO200 (12-11) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BUSINESS AUTO ELITE COVERAGE ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. SECTION H — LIABILITY COVERAGE — Amendments WHO IS AN INSURED The following are added to WHO IS AN INSURED: BLANKET ADDITIONAL INSUREDS Any person or organization with whom you agreed, pursuant to a written contract, to provide insurance such as is afforded under this Coverage Part, but only to the extent that the person or organization is held liable for your acts or omissions with respect to your ownership, maintenance or use of a covered "auto." Tlus provision only applies if the written contract has been executed prior to the "bodily injury" or "property damage." This coverage shall be prinnary and not contributory with respect to the person or organization included as an "insured" under this section. Any other insurance that person or organization has shall be excess and not contributory with respect to this insurance, but this provision only applies if it is required in the written contract. identified in this section, and is permitted by law. BROAD FORM NAMED INSURED Any business entity newly acquired or formed by you, other than a partnership, joint venture or limited liability company during the policy period provided you own 50% or more of the business entity and the business entity is not separately insured for Business Auto Coverage. Coverage is extended up to a maximum of 180 days following acquisition or formation of the business entity. EMPLOYEES AS INSURED — HIRED AUTOS Any "employee- of yours is an "insured- while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. EMPLOYEES AS INSURED — NONOWNED AUTOS Any "employee" of yours is an "insured" while using a covered "auto" you don't own. hire or borrow in your business. COVERAGE EXTENSIONS — SUPPLEMENTARY PAYMENTS Supplementary Payments is amended as follows: We will pay up to $3.000 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident' we cover. We do not have to fiirnish these bonds. We will pay all reasonable expenses incurred by the "'insured' at our request, including actual loss of earnings up to $300 a day, because of time off from work. SECTION HI - PHYSICAL DAMAGE COVERAGE - Amendments AUDIO, VISUAL, AND DATA ELECTRONIC EQUIPMENT COVERAGE EXTENSION Any reference to equipment for the reproduction of sound also includes video and global positioning systems. EXPANDED TOWING COVERAGE In addition to the towing and labor limit shown in the Declarations for private passenger type "autos." we will pay up to $75 for towing and labor costs incurred each time the covered "auto- is disabled. However, the labor must be performed at the place of disablement. This coverage applies only to an "auto" covered on this policy for other physical damage coverage. EXPANDED TRANSPORTATION EXPENSE Coverage Extensions — Transportation Expenses is deleted and replaced by the following: We will pay up to $60 per day to a maximum of $1,800 for temporary transportation expense incurred by you because of the total theft of a covered "auto' of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after Includes copyrighted material of IS() Properties. Inc. with its permission Page 1 of 3 the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss." EXTRA EXPENSE — STOLEN AUTOS We will pay up to $1,000 for the expense of returning a stolen covered "auto to you. We will pay oiily for those covered "autos" for which you carry Comprehensive or Specified Causes of Loss Coverage. HIRED CAR PHYSICAL DAMAGE COVERAGE For purposes of this section, the term "auto" is redefined to mean a land motor vehicle, "trailer' or semitrailer with a gross vehicle weight under 20,000 pounds designed for travel on public roads, but does not include "mobile equipment." If Comprehensive. Specified Causes of Loss or Collision coverage is provided to all owned autos by this policy, you may extend that coverage to apply to Physical Damage "loss" to lured "autos." We will provide coverage equal to the minimum coverage available to any covered "auto" shown in the Declarations. But, the most we will pay for `loss" to a hired "auto" in any one "accident" is the lesser of: 1. $50,000: or 2. The actual cash value of the damaged or stolen property as of the time of the "loss:" or 3. The actual cost of repairing or replacing the damaged or stolen property with other property of like kind or quality. A part is of like kind and quality when it is of equal or better condition than the pre -accident part. We will use the original equipment from the manufacturer when: a) The operational safety of the vehicle might otherwise be impaired: b) Reasonable and diligent efforts to locate the appropriate rebuilt, aftennarket or used part have been unsuccessful: c) A new original equipment part of like kind and quality is available and will result in the lowest overall repair cost: d) For vehicles insured under policies written on or before December 31, 2003, the vehicle has been used no more than 15,000 miles unless the pre - accident condition warrants otherwise: or e) For vehicles insured under policies written on or after January 1, 2004, the vehicle has been used no more than 20,000 miles unless the pre -accident condition warrants otherwise. FP1CO200 (12-11) For each hired "auto" our obligation to pay "loss" will be reduced by a deductible equal to the highest deductible applicable to any owned "auto" for that coverage. No deductible will be applied to `loss" caused by fire or lightning. We will also pay up to $500 per "accident" for loss of use of the hired "auto" if it results from an "accident" for which you are legally liable. The lessor must suffer an actual financial "loss" for this coverage to apply. Hired Car Physical Damage Coverage provided by this extension is excess over any other collectible insurance. LOAN/LEASE GAP COVERAGE For purposes of this section, the term "auto" is redefined to mean a land motor vehicle, "trailer" or semitrailer with a gross vehicle weight under 20,000 pounds designed for travel on public roads, but does not include "mobile equipment." If a long-term leased or financed "auto" is a covered "auto" for the Physical Damage Coverage applicable to a total "loss," and the lessor or financial institution is an additional insured under this Coverage Part, we will pay up to a maximum of $15,000 the difference between amounts you owe the lessor or financial institution under the lease or loan tens and the amount of insurance paid the lessor or financial institution for the total "loss" of the covered "auto" minus: any payments overdue at the time of the loss: any financial penalties imposed due to wear and tear, high mileage or similar charges: any security deposits not refimded by the lessor or financial institution: any costs for credit life, health and accident, or disability insurance: any costs for extended warranties: or any carry-over balances from previous leases or loans. You are responsible for the deductible applicable to the "loss" for the covered "auto". This coverage is excess insurance over any other collectible insurance or lease provision. PERSONAL EFFECTS COVERAGE We will pay up to $ 400 for 'loss" to wearing apparel and other personal effects, which are: 1. Owned by an "insured:- and 2. In or on your covered "auto:" in the event of a total theft "loss" of your covered "auto." No deductibles apply to Personal Effects Coverage. RENTAL REIMBURSEMENT COVERAGE 1. We will pay for rental reimbursement expenses incurred by you for the rental of an "auto" because of "loss" to a covered "auto." Payment applies in addition to the otherwise applicable amount of each coverage you have on a covered "auto." No deductibles apply to Rental Reimbursement Coverage. Includes copyrighted material of ISO Properties. Inc. with its permission Page 2 of 3 2. We will pay only for those expenses incurred during the policy period beginning 24 hours after the "Loss" and ending. regardless of the policy's expiration, with the lesser of the following number of days: a) The number of days reasonably required to repair or replace the covered "auto." If "loss'' is caused by theft. this number of days is added to the number of days it takes to locate the covered "auto'' and return it to you. b) The number of days shown in the Schedule. 3. This coverage applies only to a covered "auto" for which there is Comprehensive, Specified Causes of Loss or Collision Coverage provided on this covered "auto." If there is no Collision Coverage for a covered "auto." then Rental Reimbursement Coverage will not apply to a Collision loss involving that covered "auto.' 4. Our payment is limited to the lesser of the following amounts: a) Necessary and actual expenses incurred. b) $75 for any one day or for a maximum of 30 days. 5. This coverage does not apply while there are spare or reserve "autos' available to you for your operations. 6. If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided for under the PHYSICAL DAMAGE COVERAGE Coverage Extension. 7. Coverage does not apply to any covered "auto' for which coverage is provided by endorsement form CA 9923 on this policy. WAIVER OF DEDUCTIBLE — GLASS Deductible is amended by adding the following: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. SECTION IV — BUSINESS AUTO CONDITIONS — Anmendments LOSS CONDITIONS KNOWLEDGE OF ACCIDENT, CLAIM, SUIT OR LOSS The requirements for reporting and sending claim or "suit' information to us, including provisions related to the FPICO200 (12-11) subsequent investigation of such claims or "suits', under DUTIES IN THE EVENT OF ACCIDENT. CLAIM. SUIT OR LOSS, do not apply until the "accident' or "loss- is known to: 1. You, if you are an individual: 2. A partner, if you are a partnership: 3. An executive officer or insurance manager. if you are a corporation: 4. Your members, managers or insurance manager, if you are a limited liability company: 5. Your elected or appointed officials, trustees, board members, or your insurance manager, if you are an organization other than a partnership, joint venture. or limited liability company. But, this section does not amend the provisions relating to notification of police, protection or examination of the property, which was subject to the "loss." BLANKET WAIVER OF SUBROGATION Transfer Of Rights Of Recovery Against Others To Us is deleted and replaced by the following: We waive any right of recovery we may have against any person or organization to the extent required of you by a written contract executed prior to any "accident" or "loss." provided that the "accident' or "loss" arises out of the operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. GENERAL CONDITIONS UNINTENTIONAL ERRORS OR OMISSIONS Concealment, Misrepresentation Or Fraud is amended by adding the following: The unintentional omission of. or unintentional error in. any information given by you shall not prejudice your rights under this insurance. However. this provision does not affect our right to collect additional premium or exercise our right of cancellation or non -renewal. SECTION V — DEFINITIONS - Amendment MENTAL ANGUISH The definition of "bodily injury` is amended to include mental anguish resulting from any "bodily injury." sickness or disease sustained by a person. Includes copyrighted material of ISO Properties. Inc. with its permission Page 3 of 3 ENDORSEMENT AGREEMENT STATE COMPENSATION IN S URA NC E FUND WAIVER OF SUBROGATION BLANKET BASIS HOME OFFICE SAN FRANCISCO EFFECTIVE MAY 1, 2017 AT 12.01 A.M. AND EXPIRING MAY 1, 2018 AT 12.01 A.M. ALL EFFECTIVE DATES ARE AT 12:01 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME TRI-GROUP CONSTRUCTION AND DEVEL 9580 BLACK MOUNTAIN RD STE L SAN DIEGO, CA 92126 REP 04 9097926-17 RENEWAL SP 3-95-70-4 PAGE 1 OF 1 WE HAVE THE RIGHT TO RECOVER OUR PAYMENTS FROM ANYONE LIABLE FOR AN INJURY COVERED BY THIS POLICY. WE WILL NOT ENFORCE OUR RIGHT AGAINST THE PERSON OR ORGANIZATION NAMED IN THE SCHEDULE. THIS AGREEMENT APPLIES ONLY TO THE EXTENT THAT YOU PERFORM WORK UNDER A WRITTEN CONTRACT THAT REQUIRES YOU TO OBTAIN THIS AGREEMENT FROM US. THE ADDITIONAL PREMIUM FOR THIS ENDORSEMENT SHALL BE 2.00% OF THE TOTAL POLICY PREMIUM. SCHEDULE PERSON OR ORGANIZATION ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER JOB DESCRIPTION BLANKET WAIVER OF SUBROGATION NOTHING IN THIS ENDORSEMENT CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS OF THIS ENDORSEMENT. COUNTERSIGNED AND ISSUED AT SAN FRANCISCO: APRIL 28, 2017 AUTHORIZED REPRESENT • IVE PRESIDENT AND CEO SCIF FORM 10217 (REV.7-2014) 2572 OLD DP 217 Why We Are Using the Latest ACORD 25 Certificate of Insurance In September 2009, ACORD revised the ACORD 25 Certificate of Insurance form. One of the major changes was the removal of the cancellation notice provision. For the following reasons, we are unable to issue an older edition of this form, modify the current form, or complete a proprietary form you provide: • Notice of cancellation is a policy right, not an unregulated service. No insurer shown on this certificate is able to provide the cancellation notice you desire by endorsement. For example, the insured can cancel immediately, so it would be impossible for the insurer to give you the notice you request. State law also grants the insurer the right to cancel for reasons such as nonpayment with less notice than you require. • For the reason just cited, if our agency was to issue a certificate that provides the cancellation notice you request, we would do so with the full knowledge that it would be impossible to actually give that amount of notice under certain circumstances. As such, the certificate could be alleged to constitute a misrepresentation or fraud which could subject our agency and staff to serious civil and criminal penalties. • If a certificate purports to provide a policy right different from that provided by the policy itself, then the certificate effectively purports to be a policy form. Policy forms must be filed and approved by our state department of insurance. • Under the ACORD Corporation's licensing agreement, the prior editions of superseded forms can be used for one year from the time the new forms are introduced. Beginning in September 2010, this is another reason we cannot use an older edition of the ACORD 25. Doing so would violate ACORD's licensing agreement and, as a copyrighted document, federal copyright law. • Likewise, we are unable to modify the new certificate to add a notice of cancellation. ACORD forms are designed to be completed, not altered. ACORD's Forms Instruction Guide says that a certificate should not be used "To waive rights...To quote wording from a contract...To quote any wording which amends a policy unless the policy itself has been amended." • We are often asked to issue proprietary certificates provided by the certificate requestor. Again, our insurance company contracts only allow us to issue unaltered ACORD forms. Many proprietary certificates include broad, vague or ambiguous language that may or may not be incompliance with state laws, regulations, and insurance department directives. Therefore, we cannot issue any proprietary certificates that have not been reviewed by our state insurance department. We appreciate your understanding of the legal restrictions on our ability to fully comply with your request. RESOLUTION NO. 2017 — 49 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO TRI-GROUP CONSTRUCTION AND DEVELOPMENT, INC., IN THE NOT -TO -EXCEED AMOUNT OF $915,818.00 FOR THE 18' STREET PEDESTRIAN AND BICYCLE ENHANCEMENTS PROJECT, AUTHORIZING A 15% CONTINGENCY IN THE AMOUNT OF $137,372.70 FOR ANY UNFORESEEN CHANGES, AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT, AND AUTHORIZING THE ESTABLISHMENT OF FUND APPROPRIATIONS AND A CORRESPONDING REVENUES BUDGET IN THE AMOUNT OF $1,025,000 FOR STATE ACTIVE TRANSPORTATION GRANT FUNDS WHEREAS, the 18th Street Pedestrian and Bicycle Enhancements Project, CIP No. 16-10 (the "Project"), will provide approximately 0.75 miles of Class III bicycle facilities from Palm Avenue to Granger Avenue, completing a large east -west system gap consistent with the City's Bicycle Master Plan; and WHEREAS, the Project will resurface this segment of East 18th Street to provide a smooth roadway surface for bicyclists, while also addressing the deteriorating pavement, and includes the installation of traffic calming curb extensions, lighting and landscape improvements at the intersection of 18th Street and Lanoitan Avenue, installation of red curbs near Las Palmas Park to help enhance sight distance, replacement of sidewalk panels in key locations to provide American with Disabilities Act (ADA) access along the corridor, and will connect with ten bus stops along the 18th Street corridor; and WHEREAS, on September 27, 2014, City staff received an Active Transportation Program (ATP) grant award in the amount of $1,225,000; and WHEREAS, on March 14, 2017, the Engineering Department publicly opened, examined, and declared five (5) sealed bids for the 18th Street Pedestrian and Bicycle Enhancements Project; and WHEREAS, Tri-Group Construction and Development, Inc., was the lowest responsive bidder qualified to perform the work as described in the project specifications with a total bid amount of $915,818.00, and WHEREAS, a 15% contingency amount up to $137,372.70 for any unforeseen changes to the Project is requested; and WHEREAS, the establishment the appropriation of revenues and expenditures in the amount of $1,025,000 in state active transportation grant funds is necessary for the construction of the Project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for the 18th Street Pedestrian and Bicycle Enhancements Project to the lowest responsive, responsible bidder, to wit: TRI-GROUP CONSTRUCTION AND DEVELOPMENT, INC. BE IT FURTHER RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute on behalf of the City a contract in the amount of $915,818.00 with Tri-Group Construction and Development, Inc., for the 18th Street Pedestrian and Bicycle Enhancements Project. Said contract is on file in the office of the City Clerk. Resolution No. 2017 — 49 Page Two BE IT FURTHER RESOLVED that the City Council hereby authorizes a 15% contingency amount up to $137,372.70 for any unforeseen changes to the Project. BE IT FURTHER RESOLVED that the City Council authorizes the establishment of appropriations and a corresponding revenue budget for Active Transportation Program (ATP) grant funds in the amount of $1,025,000. PASSED and ADOPTED this 4th day of April, 2017. orrison, Mayor ATTEST: � Q Mich el R. Dalia, Ci y Clerk APPROVED AS TO FORM: George H. Eiser, III Interim City Attorney Passed and adopted by the Council of the City of National City, California, on April 4, 2017 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 je jilli City Jerk of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2017-49 of the City of National City, California, passed and adopted by the Council of said City on April 4, 2017. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT cao%v-oq "EETING DATE: April 4, 2017 AGENDA ITEM NO. 22 ITEM TITLE: Resolution of the City Council of the City of National City, 1) awarding a contract to Tri-Group Construction and Development, Inc. in the not -to -exceed amount of $915,818.00 for the 18th Street Pedestrian and Bicycle Enhancements Project, CIP No. 16-10; 2) authorizing a 15% contingency in the amount of $137,372.70 for any unforeseen changes; 3) authorizing the Mayor to execute the contract; and 4) establishing appropriation of revenues and expenditures for $1,025,000.00 in State Active Transportation Grant funds for the project. PREPARED BY: Jose Lopez, Junior Engineer - Civil PHONE: 619-336-4312 EXPLANATION: See attached. DEPARTMENT: Engineering/Public Works APPROVED BY: 4(),,* JANCIAL STATEMENT: ACCOUNT NO. APPROVED: Revenue Account 296-06575-3463 Contract Award 296-409-500-598-6575 (18th St Bicycle and Pedestrian Enhancements CIP): $915,818.00 15% Contingency 296-409-500-598-6575 (18th St Bicycle and Pedestrian Enhancements CIP): $59,182.00 001-409-500-598-6035 (Street Resurfacing CIP): $78,190.70' APPROVED: (e-� Finance MIS ENVIRONMENTAL REVIEW: A CEQA Notice of Exemption for the project was executed and filed with the County Recorder's Office in January 2015. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt Resolution awarding a contract to Tri-Group Construction and Development, Inc. in the not -to -exceed amount of $915,818.00 for the 18th Street Pedestrian and Bicycle Enhancements Project, CIP No. 16-10. BOARD / COMMISSION RECOMMENDATION: N/A `TTACHMENTS: 1. Explanation 2. Bid Opening Summary 3. Three Lowest Bidders Summary 4. Grant Award Letter 5 Resolution p,Es,c‘,v1‘0µ V10- 'd"V) EXPLANATION The 18th Street Pedestrian and Bicycle Enhancements Project, CIP No. 16-10, will provide approximately 0.75 miles of Class III bicycle facilities from Palm Avenue to Granger Avenue, completing a large east -west system gap consistent with the City's Bicycle Master Plan. The project will resurface this segment of E. 18th Street to provide a smooth roadway surface for bicyclists, while also addressing the deteriorating pavement. Additionally, the project includes the installation of traffic calming curb extensions, and lighting and landscape improvements at the intersection of 18th Street and Lanoitan Avenue. Per requests from the community, red curbs will be added near Las Palmas Park to help enhance sight distance and sidewalk panels will be replaced in key locations to provide American with Disabilities Act (ADA) access along the corridor. The project will also connect with ten bus stops along the 18th Street corridor. On September 27, 2014, City staff received an Active Transportation Program (ATP) grant award in the amount of $1,225,000. The letter is attached for reference. On August 18, 2015, per Resolution number 2015-120, City Council executed Program Supplement Agreement No. N38 with the State of California Department of Transportation for the 18th Street Bicycle and Pedestrian Enhancements Project to allow for reimbursement of eligible project expenditures through the State ATP. On February 16, 2017, the bid solicitation was posted on PlanetBids, a free public electronic bidding system for contractors. On February 17, 2017 and February 24, 2017, the bid solicitation was advertised in local newspapers. On March 14, 2017, five (5) sealed bids were received by the 11:00 a.m. deadline, opened and publicly disclosed. Bid results were made available by the end of business day on March 14, 2017. Tri-Group Construction and Development, Inc. was the apparent lowest bidder with a total bid amount of $1,097,538 as the basis of award. Upon review of all documents submitted Tri-Group Construction and Development, Inc.'s bid was deemed responsive, and they are the lowest responsible bidder qualified to perform the work as described in the project specifications. Therefore staff recommends awarding a contract to Tri-Group Construction and Development, Inc. in the not -to -exceed amount of $915,818.00 which includes the following: • Base Bid in the amount of $679,909: o Roadway rehabilitation, traffic calming curb extensions at E. 18th Street and Lanoitan Avenue, lighting and electrical, landscaping, and signing and striping. • Additive Bid Line Items 27-30 in the amount of $235,910: o ADA and pedestrian improvements along E. 18th Street between "I" Avenue and Granger Avenue and LED Enhanced School Crosswalk Warning Sign systems. Staff also recommends authorizing a 15% contingency in the amount of $137,372.70 to address any unforeseen conditions that may arise. Staff is also requesting that City Council appropriate the remaining $1,025,000 of grant funds to the expenditure account for 18th Street Bicycle and Pedestrian Enhancements CIP to fund construction activities for the project. Attached are the bid opening summary sheet and a line item summary of the three lowest bidders for reference. Construction is estimated to be completed in Fall 2017. NAT C If ,. , . AT O E'D . J BID OPENING RESULTS NAME: 18th STREET PEDESTRIAN & BICYCLE ENHANCEMENTS CIP NO: 16-10 DATE: Tuesday, March 14, 2017 TIME: 11:00 A.M. ESTIMATE: $1,292,000 PROJECT ENGINEER: Kuna Muthusamy, P.E. NO. BIDDER'S NAME BID AMOUNT* ADDENDA #1, 2, 3 Acknowledged? BID SECURITY -BOND 1. Tri-Group Construction and Development, Inc. $1,097,538 Yes Bond 2. Palm Engineering Construction Company, Inc. $1,227,997** Yes Bond 3. L.B. Civil Construction, Inc. $1,264,072 Yes Bond 4. Just Construction, Inc. $1,292,000 Yes Bond 5. C.S. Legacy Construction, Inc. $1,520,238 Yes Bond * If an additive, alternate or additive/alternate bid items are called for in the Contract Documents, the sum of the base bid and all additive, alternate and additive/alternate bids, if any, shall be used to determine the lowest responsive bid. ** Final bid amount changed based on review of "Quantity x Unit Price" for individual line items of work. -1- Bid Results for Project 18th Street Pedestrian and Bicycle Enhancements Project, CIP No. 16-10 Tri Group Construction and Development, Inc. Palm Engineering Construction Company, Inc. L.B. Civil Construction, Inc. Item No. Description Unit Qty. Unit Price Extension (Quantity x Unit Price) Unit Price Extension (Quantity x Unit Price) Unit Price Extension (Quantity x Unit Price) Base Bid 1 Mobilization / Demobilization LS 1 $30,000.00 $30,000.00 $60,000.00 $60,000.00 $60,000.00 $60,000.00 2 Surveying and Construction Staking LS 1 $10,000.00 $10,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 3 Water Pollution Control LS 1 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $15,000.00 $15,000.00 4 Traffic Control and Pedestrian Control LS 1 $30,000.00 $30,000.00 $50,000.00 $50,000.00 $50,000.00 $50,000.00 5 Clearing and Grubbing LS 1 $74,000.00 $74,000.00 $20,000.00 $20,000.00 $70,000.00 $70,000.00 6 Unclassified Excavation LS 1 $20,000.00 $20,000.00 $50,000.00 $50,000.00 $40,000.00 $40,000.00 7 Removal, Disposal, and Replacement of Unsuitable Material CY 350 $75.00 $26,250.00 $110.00 $38,500.00 $90.00 $31,500.00 8 Furnish and Construct Class II Aggregate Base TON 750 $45.00 $33,750.00 $40.00 $30,000.00 $50.00 $37,500.00 9 Furnish and Install RS380i Mirafi Woven Geosynthetic, or approved equal SY 1,455 $5.00 $7,275.00 $6.50 $9,457.50 $4.00 $5,820.00 10 Furnish and Construct Asphalt Concrete Pavement TON 411 $150.00 $61,650.00 $170.00 $69,870.00 $165.00 $67,815.00 11 Furnish and Install Stress -Relieving Fabric SF 2,421 $3.00 $7,263.00 $4.50 $10,894.50 $4.50 $10,894.50 Tri Group Construction and Development, Inc. Palm Engineering Construction Company, Inc. L.B. Civil Construction, Inc. Item No Description Unit Qty. Unit Price Extension (Quantity x Unit Price) Unit Price Extension (Quantity x Unit Price) Unit Price Extension (Quantity x Unit Price) 12 1.5" Asphalt Mill and Overlay SY 15,400 $8.00 $123,200.00 $9.70 $149,380.00 $9.00 $138,600.00 13 Furnish and Install Biofilter Unit EA 2 $2,500.00 $5,000.00 $22,500.00 $45,000.00 $30,000.00 $60,000.00 14 Construct 4" PCC Sidewalk per SDRSD G-7, G- 9, G-10, G-11 SF 10,630 $9.00 $95,670.00 $6.00 $63,780.00 $7.00 $74,410.00 15 Construct Curb Ramp (All Types) EA 8 $3,000.00 $24,000.00 $3,200.00 $25,600.00 $2,500.00 $20,000.00 16 Construct 6" Concrete Driveway (all types) SF 1,870 $9.00 $16,830.00 $8.00 $14,960.00 $12.00 $22,440.00 17 Construct 6" Curb and Gutter per SDRSD G-1 LF 380 $35.00 $13,300.00 $30.00 $11,400.00 $70.00 $26,600.00 18 Construct Concrete Ribbon Gutter Per Plans SF 310 $12.00 $3,720.00 $8.00 $2,480.00 $20.00 $6,200.00 19 Construct Cross Gutter per SDRSD G-12 SF 575 $12.00 $6,900.00 $12.00 $6,900.00 $22.00 $12,650.00 20 Install Sidewalk Underdrain Pipe per SDRSD D- 27 EA 1 $1,000.00 $1,000.00 $300.00 $300.00 $1,100.00 $1,100.00 21 Furnish and Install Lighting and Electrical LS 1 $29,000.00 $29,000.00 $30,000.00 $30,000.00 $26,000.00 $26,000.00 22 Furnish and Install Landscaping LS 1 $5,000.00 $5,000.00 $12,000.00 $12,000.00 $37,000.00 $37,000.00 23 Furnish and Install Stabilized Decomposed Granite TON17 $300.00 $5,100.00 $300.00 $5,100.00 $270.00 $4,590.00 Tri Group Construction and Development, Inc. Palm Engineering Construction Company, Inc. L.B. Civil Construction, Inc. Item No. Description Unit Qty. Unit Price Extension (Quantity x Unit Price) Unit Price Extension (Quantity x Unit Price) Unit Price Extension (Quantity x Unit Price) 24 180 Day Landscape Maintenance Period LS 1 $5,000.00 $5,000.00 $3,600.00 $3,600.00 $6,500.00 $6,500.00 25 Furnish and Install Signing and Striping LS 1 $31,000.00 $31,000.00 $66,000.00 $66,000.00 $32,000.00 $32,000.00 26 Field Orders ALLOW 1 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 Subtotal $679,908.00 $795,222.00 $866,619.50 Additive Bid 27 Furnish and Install AC LED Enhanced School Warning Sign System EA 3 $14,000.00 $42,000.00 $17,250.00 $51,750.00 $14,000.00 $42,000.00 28 Remove Existing Curb Ramp and Construct Curb Ramp (All Types) EA 38 $3,500.00 $133,000.00 $3,500.00 $133,000.00 $3,100.00 $117,800.00 29 Remove Existing Sidewalk and Construct 4" PCC Sidewalk per SDRSD G-7, G-9, G-10, G-11 SF 4,215 $10.00 $42,150.00 $8.00 $33,720.00 $9.50 $40,042.50 30 Remove Existing Curb and Gutter and Construct Curb and Gutter per SDRSD G-2 (Match Existing Curb Height) LF 469 $40.00 $18,760.00 $35.00 $16,415.00 $70.00 $32,830.00 Subtotal $235,910.00 $234,885.00 $232,672.50 Additive Alternate Bid 31 Slurry Seal, Type 2 SY 15,400 $3.60 $55,440.00 $4.50 $69,300.00 $3.70 $56,980.00 32 3/8" Asphalt Rubber Aggregate Membrane (ARAM) SY 15,400 $8.20 $126,280.00 $8.35 $128,590.00 $7.00 $107,800.00 Subtotal $181,720.00 $197,890.00 $164,780.00 Grand Total $1,097,538.00 $1,227,997.00 $1,264,072.00 Tri Group Construction and Development, Inc. Palm Engineering Construction Company, Inc. L.B. Civil Construction, Inc. Item No. Description Unit Qty. Unit Price Extension (Quantity x Unit Price) Unit Price Extension (Quantity x Unit Price) Unit Price Extension (Quantity x Unit Price) Summary of Award Base Bid Additive Bid (Line items 27-30) $679,908.00 $235,910.00 $795,222.00 $234,885.00 $866,619.50 $232,672.50 Grand Total Awarded $915,818.00 $1,030,107.00 $1,099,292.00 y TATE OF CALIFORNIA—CALIFORNIA-STATE TRANSPORTATION AGENCY EDMUND G. BROWN Ir., Governor t DEPARTMENT OF TRANSPORTATION OFFICE OF THE DIRECTOR P.O. BOX 942873, MS-49 SACRAMENTO, CA 94273-0001 PHONE (916) 654-6130 FAX (916) 653-5776 TTY 711 www.dot,ca.gov September 27, 2014 Mr. Kuna Muthusamy Assistant Director, PW & Engineering City of National City 1243 National City Blvd National City, CA 91950 Dear Mr. Muthusamy: ENGINLERIN.G DEPT. 70111 OCT -8 Pit: 15 Serious drought. Help save water. Congratulations! I am pleased to inform you that your project shown below has been awarded from Cycle 1 of the Active Transportation Program (ATP). Please be aware that your project may include ineligible items that will not be eligible for reimbursement. Project Name ATP Award Amount ($1,000s) 14-15 Award $ ($1,000s) 15-16 Award $ ($1,000s) 18th St Bicycle and Ped Enhancements $1,225 200 1,025 Requests for state -only funding must be submitted to the California Department of Transportation (Caltrans) ATP Program Manager no later than October 30, 2014, for consideration. Projects that have been awarded less than $1 M in ATP funds will have priority. The request form can be found in the Interim Active Transportation Program Guidelines, Chapter 22 of the Local Assistance Program Guidelines http://www.dot.ca.gov/hq/I,ocalPrograms/atp/index.htnil. The ATP is a reimbursement program. Therefore, work cannot commence on your project until: 1. It is programmed in the current Federal Statewide Transportation Improvement Program (FSTIP), 2. Receives an allocation from the California Transportation Commission (CTC), 3. If federally funded, receives an authorization to proceed from the Federal Highways Administration. ,/. 'Provide a safe, sustainable, integrated and efficient transportation system '`- to enhance California's economy and livability" -6- Mr. Muthusamy September 27, 2014 Page 2 The next step is to contact your District Local Assistance Engineer (DLAE) who can assist you in the programming, allocation, and authorization processes. The ATP is intended to fund projects, such as yours, that will encourage increased use of active modes of transportation. Caltrans is very much aware of the nexus of transportation safety and health, and is committed to continue funding projects that will make a difference in California. Please go to the Local Assistance ATP web page: http://www.dot.ca.gov/hq/LocalPrograms/atp/index.html at the end of September for upcoming ATP webinar dates. If your project already has its environmental documentation; and it has not been submitted to the CTC, go to http:I/www.catc.ca.gov/programs/environ.htm for instructions on that process. If you have any questions about your project or the ATP please contact Teresa McWilliam, ATP Program Manager at 916-653-0328 or Teresa.mcwilliam@dot.ca.gov. Sincerely, Malcolm Dougherty Director c: Laurel Janssen, Deputy Director, California Transportation Commission "Provide a safe, sustainable, integrated and efficient transportation system to enhance California's economy and livability" -7- RESOLUTION NO. 2017 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO TRI-GROUP CONSTRUCTION AND DEVELOPMENT, INC., IN THE NOT -TO -EXCEED AMOUNT OF $915,818.00 FOR THE 18TH STREET PEDESTRIAN AND BICYCLE ENHANCEMENTS PROJECT, AUTHORIZING A 15% CONTINGENCY IN THE AMOUNT OF $137,372.70 FOR ANY UNFORESEEN CHANGES, AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT, AND AUTHORIZING THE ESTABLISHMENT OF FUND APPROPRIATIONS AND A CORRESPONDING REVENUES BUDGET IN THE AMOUNT OF $1,025,000 FOR STATE ACTIVE TRANSPORTATION GRANT FUNDS WHEREAS, the 18" Street Pedestrian and Bicycle Enhancements Project, CIP No. 16-10 (the "Project"), will provide approximately 0.75 miles of Class III bicycle facilities from Palm Avenue to Granger Avenue, completing a large east -west system gap consistent with the City's Bicycle Master Plan; and WHEREAS, the Project will resurface this segment of East 18' Street to provide a smooth roadway surface for bicyclists, while also addressing the deteriorating pavement, and includes the installation of traffic calming curb extensions, lighting and landscape improvements at the intersection of 18' Street and Lanoitan Avenue, installation of red curbs near Las Palmas Park to help enhance sight distance, replacement of sidewalk panels in key locations to provide American with Disabilities Act (ADA) access along the corridor, and will connect with ten bus stops along the 18' Street corridor; and WHEREAS, on September 27, 2014, City staff received an Active Transportation Program (ATP) grant award in the amount of $1,225,000; and WHEREAS, on March 14, 2017, the Engineering Department publicly opened, examined, and declared five (5) sealed bids for the 18th Street Pedestrian and Bicycle Enhancements Project; and WHEREAS, Tri-Group Construction and Development, Inc., was the lowest responsive bidder qualified to perform the work as described in the project specifications with a total bid amount of $915,818.00, and WHEREAS, a 15% contingency amount up to $137,372.70 for any unforeseen changes to the Project is requested; and WHEREAS, the establishment the appropriation of revenues and expenditures in the amount of $1,025,000 in state active transportation grant funds is necessary for the construction of the Project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for the 18" Street Pedestrian and Bicycle Enhancements Project to the lowest responsive, responsible bidder, to wit: TRI-GROUP CONSTRUCTION AND DEVELOPMENT, INC. BE IT FURTHER RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute on behalf of the City a contract in the amount of $915,818.00 with Tri-Group Construction and Development, Inc., for the 18' Street Pedestrian and Bicycle Enhancements Project. Said contract is on file in the office of the City Clerk. Resolution No. 2017 — Page Two BE IT FURTHER RESOLVED that the City Council hereby authorizes a 15% contingency amount up to $137,372.70 for any unforeseen changes to the Project. BE IT FURTHER RESOLVED that the City Council authorizes the establishment of appropriations and a corresponding revenue budget for Active Transportation Program (ATP) grant funds in the amount of $1,025,000. PASSED and ADOPTED this 4'h day of April, 2017. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III Interim City Attorney Ron Morrison, Mayor 'Mk; ri Iiuuu0A \\• 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 TRI-GROUP CONSTRUCTION & DEVELOPMENT 18th Street Pedestrian & Bicycle Enhancements Project Judy Hernandez (Engineering/Public Works) Forwarded Copy of Agreement to Tri-Group Construction & Development