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HomeMy WebLinkAbout2019 CON Blue Pacific Engineering and Construction - Sweetwater River Bikeway Connections and 30th Street Bicycle Facility ImprovementsOWNER - CONTRACTOR AGREEMENT SWEETWATER RIVER BIKEWAY CONNECTIONS/30TH STREET BICYCLE FACILITY IMPROVEMENTS, CIP NO. 18-14 This Owner -Contractor Agreement ("Agreement") is made by and between the City of National City, 1243 National City Boulevard National City, California 91950 and Blue Pacific Engineering and Construction ("Contractor"), 7330 Opportunity Road, Suite J, San Diego, CA 92111 on the 17th day of September , 2019, for the construction of the above referenced Project. In consideration of the mutual covenants and agreements set forth herein, the Owner and Contractor have mutually agreed as follows: 1. CONSTRUCTION The Contractor agrees to do all the work and furnish all the labor, services, materials and equipment necessary to construct and complete the Project in a turn -key manner in accordance with this Agreement and all documents and plans referenced in Exhibit "A", (hereinafter "Contract Documents"), in compliance with all relevant Federal, State of California, County of San Diego and City of National City codes and regulations, and to the satisfaction of the Owner. 2. CONTRACT PRICE Owner hereby agrees to pay and the Contractor agrees to accept as full compensation for constructing the project in accordance with these Contract Documents in an amount not to exceed the contract price as set forth in Exhibit "B" attached hereto and incorporated herein by reference. Payments to the Contractor shall be made in the manner described in the Special Provisions. 3. TIME FOR PERFORMANCE Time is of the essence for this Agreement and the Contractor shall construct the project in every detail to a complete and turn -key fashion to the satisfaction of the Owner within the specified duration set forth in the Special Provisions. 4. NON-DISCRIMINATION In the performance of this Agreement, the Contractor shall not refuse or fail to hire or employ any qualified person, or bar or discharge from employment any person, or discriminate against any person, with respect to such person's compensation, terms, conditions or privileges of employment because of such person's race, religious status, sex or age. 5. AUTHORIZED OWNER REPRESENTATIVES On behalf of the Owner, the Project Manager designated at the pre -construction meeting shall be the Owner's authorized representative in the interpretation and enforcement of all Work performed in connection with this Agreement. 6. WORKERS' COMPENSATION INSURANCE a) By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement. b) The Contractor shall require each subcontractor to comply with the requirements of Section 3700 of the Labor Code. Before commencing any Work, the Contractor shall cause each subcontractor to execute the following certification: "I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement." 7. ENTIRE AGREEMENT; CONFLICT The Contract Documents comprise the entire agreement between the Owner and the Contractor with respect to the Work. In the event of conflict between the terms of this Agreement and the bid of the Contractor, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid conflicting herewith. 8. MAINTENANCE OF AGREEMENT DOCUMENTATION Contractor shall maintain all books, documents, papers, employee time sheets, accounting records and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by Owner and copies thereof shall be furnished to Owner if requested. 9. INDEPENDENT CONTRACTOR At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee, agent, partner or joint venturer of the Owner. Owner shall have the right to control Contractor insofar as the results of Contractor's services rendered pursuant to this Agreement; however, Owner shall not have the right to control the means by which Contractor accomplishes such services. 10. LICENSES AND PERMITS Contractor represents and declares to Owner that it has all licenses, permits, qualifications and approvals of whatever nature which are legally required to practice its profession. Contractor represents and warrants to Owner that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any licenses, permits, qualifications or approvals which are legally required for Contractor to practice its profession. 11. GOVERNING LAW, VENUE This Agreement and the Contract Documents shall be construed under and in accordance with the laws of the State of California, and the appropriate venue for any action or proceeding arising from this Agreement and/or the Contract Documents shall be had in the Superior Court of San Diego, Central Branch. 12. COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall for all purposes be deemed to be an original. 13. FALSE CLAIMS Contractor acknowledges that if a false claim is submitted to the Owner, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the Owner seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys' fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. I have read and understood all oft provisions of this Section 15, above: (Initia (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: A ejandra ' o elo- oli Mayor, City of National City APPROVED AS T°/' :rr': By: An City A orney -Jone Contractor: BLUE PACIFIC ENGINEERING AN CONS1UCTIO11f' Oner/Officer signature) 51j ra 1 Eliha Print name and title (Second officer signature if a corporation) Print name and title B i010011(12. Contractor's City Business License No. ciZLf Lt ,4) /GS, C27 j Gin State Contractor's License No. and Class 73")'D IRoa9 / 5t4- . A Business street address San Pie o) CA- c --I I I City, State and 'Zip Code EXHIBIT A CONTRACT DOCUMENTS Owner/Contractor Agreement Bid Schedule Addenda Plans Special Provisions (Specifications) San Diego County Regional Standard Drawings City of National City Standard Drawings Standard Specifications for Public Works Construction and Regional Supplements (Greenbook) State Standard Specifications State Standard Plans California Building, Mechanical, Plumbing and Electrical Codes Permits issued by jurisdictional regulatory agencies Electric, gas, and communications companies specifications and standards Sweetwater Authority specifications and standards Specifications, standards and requirements of MTS, BNSF, SANDAG, Port of San Diego and all other agencies that may be adjacent and/or affected by the project. EXHIBIT B CONTRACT PRICE (NOTE - TO BE COMPLETED TO CONFORM WITH BID SCHEDULE ITEMS) Bid Sheet - Addendum 1 Sweetwater River Bikeway Connections/30th Street Bicycle Facility Imrovements Item # Item Description (S) Indicates Specialty Item Quantity Unit Unit Price Amount Base Bid 1 Mobilization/Demobilization 1 LS 40,000.00 40,000.00 2 Surveying and Construction Staking 1 LS 25,000.00 25,000.00 3 Signing and Striping 1 LS 61,863.75 61,863.75 4 Traffic Control and Pedestrian Control 1 LS 35,000.00 35,000.00 5 Clearing and Grubbing 1 LS 30,000.00 30,000.00 6 Water Pollution Control 1 LS 30,000.00 30,000.00 7 Construct 4" PCC Sidewalk per SDRSD G-7, G-9, and G-10 4,190 SF 10.00 41,900.00 8 Construct Curb Ramp (All Types) 5 EA 4,000.00 20,000.00 9 Construct Driveway (All Types) 700 SF 14.00 1,400.00 10 Construct Cross Gutter per SDRSD G-12 150 LF 20.00 3,000.00 11 Construct 6" Curb and Gutter per SDRSD G-2 540 LF 45.00 24,300.00 12 Construct Concrete Deck per Plans 110 SF 16.00 1,760.00 13 Construct Asphalt Concrete Pavement 160 TON 200.00 32,000.00 14 Construct Class 11 Aggregate Base 300 TON 80.00 24,000.00 15 Stress -Relieving Fabric 3,259 SF 1.00 3,259.00 16 Remove Asphalt Concrete Pavement (1.5" to 2" Mill) 49,100 SF 0.50 24,550.00 17 Construct Asphalt Concrete Pavement (1.5" to 2" Overlay) 418 TON 140.00 58,520.00 18 Pavement Rehabilitation Dig -Out (Remove Asphalt Concrete Pavement, Base and Subgrade) 360 CY 100.00 36 000.00 19 Pavement Rehabilitation Dig -Out (Remove Concrete Subgrade) 30 CY 200.00 6,000.00 20 Pavement Rehabilitation Dig -Out - Construct Asphalt Concrete Pavement 380 TON 250.00 95,000.00 21 Pavement Rehabilitation Dig -Out - Construct Class II Aggregate Base 290 TON 80.00 23,200.00 22 Pavement Rehabilitation Dig -Out - Stress -Relieving Fabric 5,413 SF 1.00 5,413.00 23 Furnish and Install Chainlink Fence per SDRSD M-6 60 LF 80.00 4,800.00 24 Furnish and Install Pedestrian Barricade per COSD Standard SDG-140 8 LF 900.00 7,200.00 Bid Sheet - Addendum 1 Sweetwater River Bikeway Connections/30th Street Bicycle Facility Imrovements Item # Item Description (S) Indicates Specialty Item Quantity Unit Unit Price Amount 25 Furnish and Install Ameristar 4" x 36" Fixed Bollards per Plans, or approved equal 4 EA 800.00 3,200.00 26 Urban Design Improvements 1 LS 25,000.00 25,000.00 27 Install Oldcastle 24" round concrete flared end section or approved equal 1 EA 5,000.00 5,000.00 28 Install concrete encased 24" HDPE 6 LF 500.00 3,000.00 29 Modify existing headwall 1 LS 5,000.00 5,000.00 30 Construct Concrete Ditch 100 LF 30.00 3,000.00 31 Construct modified curb outlet 1 EA 3,500.00 3,500.00 32 Unclassified Excavation 1 LS 40,000.00 40,000.00 33 Removal, disposal and replacement of Unsuitable Material 400 CY 60.00 24,000.00 34 Traffic Signal Modification 1 LS 50,000.00 50,000.00 35 Install Loop Detection 8 EA 850.00 6,800.00 36 Slurry Seal (Type II) 28,998 SY 3.43 99,463.14 37 Adjust Manhole to Grade 2 EA 1,000.00 2,000.00 SUBTOTAL BASE BID: 904,128.89 Additive Bid 38 Remove Existing Cross Gutter and Construct Cross Gutter per SDRSD G-12 180 SF 25.00 4,500.00 39 Construct 9" Reinforced PCC Bus Pad over 5" Class II Aggregate Base 4 EA 10,000.00 40,000.00 SUBTOTAL ADDITIVE BID: 44,500.00 GRAND TOTAL - BASE & ADDITIVE BID: 948,628.89 Bid Sheet - Addendum 1 Sweetwater River Bikeway Connections/30th Street Bic cle Facility Imrovements Item # Item Description (S) Indicates Specialty Item Quantity Unit Unit Price Amount 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. Blue Pacific Engineering & Construction Legal Name of the Business Sole Proprietorship Business Type (Corporation, Partnership, Sole Proprietor) NIA DBA Shahram Elihu, Sole ProprietorlOwner Name and Title of Owner N/A Name and Title of second partner or officer 7330 Opportunity Road, Suite A, San Diego, CA 9 11 Business Address itx 09/04/2019 Signature of Prime Contractor, Date Signure of Prime Contractor, Date Shahram Elihu, Sole Proprietor/Owner Print Name and Title Print Name and Title (If the Prime Contractor is a corporation two signatures of corporate officers are required.) CORPORATE CERTIFICATE I, certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that , who signed said contract on behalf of the Contractor, was then of said Corporation; that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers. I, certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that , who signed said contract on behalf of the Contractor, was then of said Corporation; that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers. Corporate Seal: STATE OF PARTNERSHIP CERTIFICATE COUNTY OF ) ss On this day of , 20 , 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. 2290244 PREMIUM: $13,070.00 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. , passed the 17th day of September, 2019 has awarded to BLUE PACIFIC ENGINEERING AND CONSTRUCTION, hereinafter designated as the "Principal", the SWEETWATER RIVER BIKEWAY CONNECTIONS/30TH STREET BICYCLE FACILITY IMPROVEMENTS, CIP NO. 18-14. 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 Fifty Seven Thousand Twenty Eight and Eighty Nine Cents ($957,028.89) 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. NORTH AMERICAN SPECIALTY INSURANCE COMPANY 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 16TH day of SEPTEMBER , 20 19 BLUE P I IC ENGINEERIN & CONS CTION i 1 ) J (SEAL) (SEAL) BY: /f 0 - C SEAL) MARK D. IATAROLA, ATTORNEY -IN -FACT Surety (SEAL) BY: Principal (SEAL) (SEAL) PERFORMANCE BOND ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF ) ) ss COUNTY OF ) On this day of , 20 , 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 9/16/2019 before me, JESSICA SCHMAL, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared MARK D. IATAROLA Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s). is/are-subscribed to the within instrument and acknowledged to me that he/sh.telthey executed the same in his/her/thcir authorized capacity(les), and that by his/hcr/thcir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(e) acted, executed the instrument. ^ ^ ^ JESSICA SCHMAL 1 COMM. # 2296927 SAN DIEGO COUNTY NOTARY PUBLIC-CALIFORNIA MY COMMISSION EXPIRES JULY 14, 2023 -sd Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature OPTIONAL Signature of Notary Public 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: MARK D. IATAROLA ❑ Corporate Officer — Title(s): ❑ Partner — 0 Limited 0 General ❑ Individual V] Attorney in Fact ❑ Trustee 0 Guardian of Conservator ❑ Other: Signer is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — 0 Limited 0 General ❑ Individual ❑ Attorney in Fact ❑ Trustee 0 Guardian of Conservator ❑ Other: Signer is Representing: ©2017 National Notary Association SWISS RE CORPORATE SOLUTIONS NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY WESTPORT INSURANCE CORPORATION 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 Kansas City, Missouri 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 Kansas City, Missouri, and Westport Insurance Corporation, organized under the laws of the State of Missouri, and having its principal office in the City of Kansas City, Missouri does hereby make, constitute and appoint: JOHN G. MALONEY, HELEN MALONEY, SANDRA FIGUEROA, MARK D. IATAROLA, and JESSICA SCHMAL JOINTLY OR SEVERALLY Its true and lawful Attomey(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: ONE HUNDRED TWENTY FIVE MILLION ($125,000,000.00) 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 North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on March 24, 2000 and Westport Insurance Corporation by written consent of its Executive Committee dated July 18, 2011. "RESOLVED, that any two of the President, 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." WtAurv,4(s Gp6 SEAL Ili gra 1 73 ' O7' Witj, 9 �Q� dO �d NittoI Steven P. Anderson, Senior Vice President of Washington international Insurance Company & Senior Vice President of North American Specialty Insurance Company & Senior Vice President of Westport Insurance Corporation By Mike A. Ito, Senior Vice President of Washington International Insurance Company & Senior Vice President of North American Specialty Insurance Company & Senior Vice President of Westport Insurance Corporation IN WITNESS WHEREOF, North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this this 19TH day of JUNE , 20 19 , State of Illinois County of Cook On this 19THday of .NNE , 20 19, before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of ss: North American Specialty Insurance Company Washington International Insurance Company Westport Insurance Corporation Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation and Michael A. Ito Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation, 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 - Statc of Illinois My Cotnm,ssion Erpims t2/0412021 M. Kenny, Notary Public I, Jeffrey Goldberg , the duly elected Vice President and Assistant Secretary of North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation 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, Washington International Insurance Company and Westport Insurance Corporation which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 16th day of SEPTEMBER 20 19 Jeffrey Goldberg, Vice President & Assistant Secretary of Washington International Insurance Company & North American Specialty Insurance Company & Vice President & Assistant Secretary of Westport Insurance Corporation EXECUTED IN TRIPLICATE BOND NO. 2290244 PREMIUM INCLUDED IN PERFORMANCE BOND PAYMENT BOND WHEREAS, the City Council of the City of National City, by Resolution No. passed the 17th day of September, 2019 has awarded to BLUE PACIFIC ENGINEERING AND CONSTRUCTION, hereinafter designated as the "Principal", the SWEETWATER RIVER BIKEWAY CONNECTIONS/30TH STREET BICYCLE FACILITY IMPROVEMENTS, CIP NO. 18-14. WHEREAS, said Principal is required by Chapter 5 (commencing at Section 3225) and Chapter 7 (commencing at Section 3247), Title 15, Part 4, Division 3 of the California Civil Code to furnish a bond in connection with said contract; NOW, THEREFORE, we, the Principal and NORTH AMERICAN SPECIALTY INSURANCE COMPANYas 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 Fifty Seven Thousand Twenty Eight and Eighty Nine Cents ($957,028.89) 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 16TH day of SEPTEMBER , 2p 19 NORTH AMERICAN SPECIALTY BLUE P CIFIC ENGINEER (SEAL) & CON ,i UCTIO . � (SEAL) BY: GG. 0- �.ar.��'` (SEAL) BY: (SEAL) MARK D. IATAROLA, ATTORNEY -IN -FACT (SEAL) (SEAL) INSURANCE COMPANY Surety Principal STATE OF COUNTY OF ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY ) ss On this day of , 20 , 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: 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 9/16/2019 Date } before me, JESSICA SCHMAL, NOTARY PUBLIC Here Insert Name and Title of the Officer personally appeared MARK D. IATAROLA Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose names} is/are-subscribed to the within instrument and acknowledged to me that he/ e/they executed the same in his/her,'thcir authorized capacity(ies), and that by his/hcr/thcir signature(s) on the instrument the persons), or the entity upon behalf of which the person(s) acted, executed the instrument. JESSICA SCHMAL COMM. # 2296927 ) SAN DIEGO COUNTY D NOTARY PUBLIC-CALIFORNIAZ MY COMMISSION EXPIRES i JULY 14, 2023 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public Signature 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: MARK D. IATAROLA ❑ Corporate Officer — Title(s): ❑ Partner — 0 Limited 0 General ❑ Individual Ki Attorney in Fact O Trustee 0 Guardian of Conservator ❑ Other: Signer is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — 0 Limited 0 General ❑ Individual 0 Attorney in Fact ❑ Trustee 0 Guardian of Conservator ❑ Other: Signer is Representing: ©2017 National Notary Association SWISS RE CORPORATE SOLUTIONS NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY WESTPORT INSURANCE CORPORATION 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 Kansas City, Missouri 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 Kansas City, Missouri, and Westport Insurance Corporation, organized under the laws of the State of Missouri, and having its principal office in the City of Kansas City, Missouri does hereby make, constitute and appoint: JOHN G. MALONEY, HELEN MALONEY, SANDRA FIGUEROA, MARK D. IATAROLA, and JESSICA SCHMAL 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: ONE HUNDRED TWENTY FIVE MILLION ($125,000,000.00) 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 North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on March 24, 2000 and Westport Insurance Corporation by written consent of its Executive Committee dated July 18, 2011. "RESOLVED, that any two of the President, 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." teSteven P. Anderson, Senior Vice President of Washington International Insurance Company & Senior Vice President of North American Specialty Insurance Company & Senior Vice President of Westport Insurance Corporation By Mike A. Ito, Senior Vice President of Washington International Insurance Company & Senior Vitt President of North American Specialty Insurance Company & Senior Vice President of Westport Insurance Corporation IN WITNESS WHEREOF, North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this this 19TH day of JUNE , 20 19 . State of Illinois County of Cook On this 19THday of ss: North American Specialty Insurance Company Washington International Insurance Company Westport Insurance Corporation JUNE , 2019 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 Senior Vice President of Westport Insurance Corporation and Michael A. Ito Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation, 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 - Statc of Illinois My Commission Expires 1210412021 fi M. Kenny, Notary Public I, Jeffrey Goldberg , the duly elected Vice President and Assistant Secretary of North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation 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, Washington International Insurance Company and Westport Insurance Corporation which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 16th day of SEPTEMBER 20 19 1 Jeffrey Goldberg, Vice President & Assistant Secretary of Washington International Insurance Company & North American Specialty Insurance Company & Vice President & Assistant Secretary of Westport Insurance Corporation RESOLUTION NO. 2019 - 133 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, 1) AWARDING A CONTRACT TO BLUE PACIFIC ENGINEERING & CONSTRUCTION IN THE AMOUNT OF $957,028.89 FOR THE SWEETWATER RIVER BIKEWAY CONNECTIONS/30TH STREET BICYCLE FACILITIES IMPROVEMENTS PROJECT, CIP NO. 18-14; 2) AUTHORIZING A 15(3/0 CONTINGENCY IN THE AMOUNT OF $143,554.33 FOR ANY UNFORESEEN CHANGES; 3) AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT; AND 4) AUTHORIZING THE ESTABLISHMENT OF AN ENGINEERING GRANTS FUND APPROPRIATION OF $889,000 AND CORRESPONDING REVENUE BUDGET WHEREAS, on October 22, 2015, the California Department of Transportation (Caltrans) awarded the City of National City (City) a $1,129,000 Active Transportation Program (ATP) grant for the Sweetwater River Bikeway Connections Project (Project) and at their meeting on December 7, 2016, the California Transportation Commission (CTC) allocated $25,000 for the Project Approval/Environmental Document (PAED) phase; and WHEREAS, on February 21, 2017, per City Council Resolution No. 2017-19, City Council executed Program Supplement Agreement No. P036 with Caltrans for the Project to allow for reimbursement of eligible project expenditures through the State ATP; and WHEREAS, on June 29, 2017, the CTC allocated $165,000 for the Preliminary Engineering (PS&E) phase, which included preparation of construction plans, specifications and estimates; and WHEREAS, on October 17, 2017, per City Council Resolution No. 2017-195, City Council authorized the establishment of an Engineering Grants Fund appropriation in the amount of $165,000 and a corresponding revenue budget to allow staff to proceed with preliminary engineering for the Project, which will be reimbursed by the State ATP grant; and WHEREAS, the Sweetwater River Bikeway Connections/30th Street Bicycle Facilities Improvements Project includes traffic calming and pedestrian and bicycle enhancements on 30th Street between "D" Avenue and N. 2nd Avenue, connecting existing pedestrian and bicycle facilities near Sweetwater High School to the regional Sweetwater River Bike Path off N. 2nd Avenue; and WHEREAS, improvements will include street resurfacing, ADA upgrades, approximately 1 mile of Class II bike lanes with signage, traffic signal modifications at Highland Avenue and East 30th Street, concrete pads at bus stops, and gateway enhancements at both entrances to the Sweetwater River Bike Path located at W. 33rd Street and N. 2nd Avenue; and WHEREAS, on August 13, 2019, the bid solicitation was posted on PlanetBids, a free public electronic bidding system for contractors and on August 15, 2019 and August 20, 2019, the bid solicitation was advertised in local newspapers; and WHEREAS, on September 3, 2019, six (6) bids were received by the 11:00 a.m. deadline with Blue Pacific Engineering & Construction being the apparent lowest bidder with a total bid amount of $957,028.89; and WHEREAS, upon review of all documents submitted, Blue Pacific Engineering & Construction's bid was deemed responsive, and they are the lowest responsible bidder qualified to perform the work as described in the project specifications with an estimated completion date of Summer 2020; and Resolution No. 2019 — 133 Page Two WHEREAS, staff recommends awarding a contract to Blue Pacific Engineering & Construction in the not -to -exceed amount of $957,028.89, authorization to establish an Engineering Grants Fund appropriation of $889,000 and corresponding revenue budget to partially fund project construction with the remaining contract award being funded through prior City Council Capital Improvement Program (CIP) TransNet appropriations in the amount of $68,028.89 for Traffic Signal Upgrades; and WHEREAS, staff also recommends authorizing a 15% contingency in the amount of $143,554.33 to address any unforeseen conditions that may arise. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby awards the contract for the Sweetwater River Bikeway Connections/30th Street Bicycle Facilities Improvements Project to the lowest, responsive, responsible bidder, to wit: BLUE PACIFIC ENGINEERING & CONSTRUCTION BE IT FURTHER RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute on behalf of the City a contract in the not -to - exceed amount of $957,028.89 with Blue Pacific Engineering & Construction Sweetwater River Bikeway Connections/30th Street Bicycle Facilities Improvements Project. Said contract is on file in the Office of the City Clerk. BE IT FURTHER RESOLVED that the City Council of the City of National City authorizes a 15% contingency in the amount of up to $143.554.33 for any unforeseen changes. BE IT FURTHER RESOLVED that the City Council of the City of National City authorizes the establishment of an Engineering Grants Fund appropriation of $889,000 and corresponding revenue budget. ATTEST: PASSED and ADOPTED this 17th day of September, 019 egi '51 Michael R/6alla City Clerk APPROVED AS TO FORM: ngil o ri -Jones Cit • ttorney Alejandra o elo- is, Mayor Passed and adopted by the Council of the City of National City, California, on September 17, 2019 by the following vote, to -wit: Ayes: Councilmembers Cano, Morrison, Quintero, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: ALEJANDRA SOTELO-SOLIS Mayor of the City of National City, California MICHAEL R. DALLA City Clerk 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. 2019-133 of the City of National City, California, passed and adopted by the Council of said City on September 17, 2019. City Clerk of the City of National City, California By: CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT Lop 3Cl MEETING September 17, 2019 AGENDA ITEM NO. 17 EM TITLE: Resolution of the City Council of the City of National City, 1) awarding a contract to Blue Pacific Engineering & Construction in the amount of $957,028.89 for the Sweetwater River Bikeway Connections/30th Street Bicycle Facilities Improvements Project, CIP No. 18-14; 2) authorizing a 15% contingency in the amount of $143,554.33 for any unforeseen changes; 3) authorizing the Mayor to execute the contract; and 4) authorizing the establishment of an Engineering Grants Fund appropriation of $889,000 and corresponding revenue budget. PREPARED BY: Jose Lope , Associate Engineer PHONE: 619-336-4312 EXPLANATION: See attached explanation. DEPARTMENT: Engineepj g and Public Works APPROVED BY: FINANCIAL STATEMENT: APPROVED ACCOUNT NO. APPROVED: FINANCE MIS Contract Award - $957,028.89 Revenue Account No. 296-06574-3463 (ATP Grant - 30th Street Bicycle Corridor) - $889,000 Expenditure Account: 296-409-500-598-6574 (ATP Grant - 30th Street Bicycle Corridor) - $889,000 Fxpenditure Account (prior appropriations): 307-409-500-598-6558 (CIP - TransNet Traffic Signal Upgrades) - $68,028.89 contingency expenditure Account (prior appropriations): 001-409-500-598-6573 (CIP - Transportation Improvements) - $143,554.33 ENVIRONMENTAL A CEQA Notice of Exemption for the project was executed and filed with the County Recorder's Office on April 18, 2017. ORDINANCE: INTRODUCTION FINAL ADOPTION STAFF Adopt Resolution awarding a contract to Blue Pacific Engineering & Construction in the amount of $957,028.89 for the Sweetwater River Bikeway Connections/30th Street Bicycle Facilities Improvements Project, CIP No. 18-14 and authorizing the establishment of an Engineering Grants Fund appropriation of $889,000 and corresponding revenue budget. BOARD / COMMISSION N/A ATTACHMENTS 1. Explanation 2. Bid Opening Summary 3. Three Lowest Bidders Summary 4. Owner -Contractor Agreement 5. Resolution ,QQ30/u717ar 743- a,ei 5-/3 3 Explanation The project includes traffic calming and pedestrian and bicycle enhancements on 30th Street between "D" Avenue and N. 2nd Avenue, connecting existing pedestrian and bicycle facilities near Sweetwater High School to the regional Sweetwater River Bike Path off N. 2nd Avenue. Improvements include street resurfacing, ADA upgrades, approximately 1 mile of Class II bike lanes with signage, traffic signal modifications at Highland Avenue and E. 30th Street, concrete pads at bus stops, and gateway enhancements at both entrances to the Sweetwater River Bike Path (located at W. 33rd Street and N. 2nd Avenue, respectively). On October 22, 2015, the California Department of Transportation (Caltrans) awarded the City of National City (City) a $1,129,000 Active Transportation Program (ATP) grant for the Sweetwater River Bikeway Connections Project (Project). At their meeting on December 7, 2016, the California Transportation Commission (CTC) allocated $25,000 for the Project Approval/Environmental Document (PAED) phase. On February 21, 2017, per City Council Resolution No. 2017-19, City Council executed Program Supplement Agreement No. P036 with Caltrans for the Project to allow for reimbursement of eligible project expenditures through the State ATP. At their meeting on June 29, 2017, the CTC allocated $165,000 for the Preliminary Engineering (PS&E) phase, which includes preparation of construction plans, specifications and estimates. On October 17, 2017, per City Council Resolution No. 2017-195, City Council authorized the establishment of an Engineering Grants Fund appropriation in the amount of $165,000 and a corresponding revenue budget to allow staff to proceed with preliminary engineering for the Project, which will be reimbursed by the State ATP grant. On August 13, 2019, the bid solicitation was posted on PlanetBids, a free public electronic bidding system for contractors. On August 15, 2019 and August 20, 2019, the bid solicitation was advertised in local newspapers. On September 3, 2019, six (6) bids were received by the 11:00 a.m. deadline. Bid results were immediately available for viewing on PlanetBids. Blue Pacific Engineering & Construction was the apparent lowest bidder with a total bid amount of $957,028.89. Upon review of all documents submitted, Blue Pacific Engineering & Construction'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 Blue Pacific Engineering & Construction in the not -to -exceed amount of $957,028.89. Staff is requesting City Council authorization to establish an Engineering Grants Fund appropriation of $889,000 and corresponding revenue budget to partially fund project construction. The remaining contract award will be funded through prior City Council Capital Improvement Program (CIP) TransNet appropriations in the amount of $68,028.89 for Traffic Signal Upgrades. -1- Staff also recommends authorizing a 15% contingency in the amount of $143,554.33 to address any unforeseen conditions that may arise. Staff estimates funding the contingency through prior City Council CIP General Fund appropriations for Transportation Improvements. Attached are the bid opening summary sheet and a line item summary of the three lowest bidders for reference. Also attached is the Owner -Contractor Agreement. Construction is estimated to be completed by Summer 2020. Updates will be provided on the City's CIP website at: nationalcityprojects.com. -2- City of Chula Vista Skreblwatehommaiiiimilmr5Otii, freet 8Ur& Way is pros t t fs Project MP) try September 2019 CALIFORNIA •-{+- NATIONAL CI INCORPORATED BID OPENING RESULTS NAME: SWEETWATER RIVER BIKEWAY CONNECTIONS/30TH STREET FACILITY IMPROVMENTS CIP NO: 18-14 DATE: Wednesday, September 4, 2019 TIME: 11:00 A.M. ESTIMATE: $820,000 PROJECT ENGINEER: Roberto Yano, P.E. NO. BIDDER'S NAME BID AMOUNT BID RITY s-Bo D 1. Blue Pacific Engineering & Construction 7330 Opportunity Road, Suite J San Diego, CA 92111 $957,028.89 Bond 2. Portillo Concrete Inc. 3527 Citrus St Lemon Grove, CA 91945 $957,806.00 Bond 3. Tri Group Construction 9580 Black Mountain Rd. Ste. L San Diego, CA 92126 $1,062,905.00 Bond 4_ SRM Contracting & Paving 7192 Mission Gorge Road San Diego, CA 92120 $1,192,691.00 Bond 5. Crest Equipment Inc 161 Scottford Dr El Cajon, CA 92021 $1,197,074.90 Bond 6 LB Civil Construction, Inc. 324 E. Valley Pkwy Escondido, CA 92025 $1,203,908.00 Bond -4- Bid Results for Sweetwater River Bikeway Connections/30th Street Facility Improvements, CIP No. 18-14 Blue Pacific Engineering Portillo Concrete, Inc. Tri-Group Construction Item No. Item 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 - General 1 Mobilization/Demobilization LS 1 $40,000.00 $40,000.00 $50,000.00 $50,000.00 $30,000.00 $30,000.00 2 Surveying and Construction Staking LS 1 $25,000.00 $25,000.00 $20,000.00 $20,000.00 $30,000.00 $30,000.00 3 Signing and Striping LS 1 $61,863.75 $61,863.75 $57,000.00 $57,000.00 $46,000.00 $46,000.00 4 Traffic Control and Pedestrian Control LS 1 $35,000.00 $35,000.00 $30,000.00 $30,000.00 $60,000.00 $60,000.00 5 Clearing and Grubbing LS 1 $30,000.00 $30,000.00 $40,000.00 $40,000.00 $100,000.00 $100,000.00 6 Water Pollution Control LS 1 $30,000.00 $30,000.00 $4,000.00 $4,000.00 $30,000.00 $30,000.00 7 Construct 4" PCC Sidewalk per SDRSD G-7, G-9, and G-10 SF 4,190 $10.00 $41,900.00 $10.00 $41,900.00 $10.00 $41,900.00 8 Construct Curb Ramp (All Types) EA 5 $4,000 00 $20,000.00 $4,000.00 $20,000.00 $4,000.00 $20,000.00 9 Construct Driveway (All Types) SF 700 $14.00 $9,800.00 $15.00 $10,500.00 $10.00 $7,000.00 10 Construct Cross Gutter per SDRSD G-12 LF 150 $20.00 $3,000.00 $20.00 $3,000.00 $20.00 $3,000.00 11 Construct 6" Curb and Gutter per SDRSD LF 540 $45.00 $24,300.00 $40.00 $21,600.00 $40.00 $21,600.00 12 Construct Concrete Deck per Plans SF 110 $16.00 $1,760.00 $50.00 $5,500.00 $20.00 $2,200.00 13 Construct Asphalt Concrete Pavement TON 160 $200.00 $32,000.00 $250.00 $40,000.00 $135.00 $21,600.00 14 Construct Class II Aggregate Base TON 300 $80.00 $24,000.00 $30.00 $9,000.00 $33.00 $9,900.00 15 Stress -Relieving Fabric SF 3,259 $1.00 $3,259.00 $1.00 $3,259.00 $2.00 $6,518.00 16 Remove Asphalt Concrete Pavement (1.5" to 2" Mill) SF 49,100 $0.50 $24,550.00 $0.70 $34,370.00 $0.60 $29,460.00 1 Bid Results for Sweetwater River Bikeway Connections/30th Street Facility Improvements, CIP No. 18-14 Blue Pacific Engineering Portillo Concrete, Inc. Tri-Group Construction Item No. Item Description Unit Qty. Unit Price Extension (Quantit Y x Unit Price) Unit Price Extension (Quantity x Unit Price) Unit Price Extension (Quantity x Unit Price) 29 Modify existing headwall LS 1 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 30 Construct Concrete Ditch LF 100 $30.00 $3,000.00 $50.00 $5,000.00 $60.00 $6,000.00 31 Construct modified curb outlet EA 1 $3,500.00 $3,500.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 32 Unclassified Excavation LS 1 $40,000.00 $40,000.00 $30,000.00 $30,000.00 $55,000.00 $55,000.00 33 Removal, disposal and replacement of Unsuitable Material CY 400 $60.00 $24,000.00 $50.00 $20,000.00 $200.00 $80,000.00 34 Traffic Signal Modification LS 1 $50,000.00 $50,000.00 $55,000.00 $55,000.00 $50,000.00 $50,000.00 35 Install Loop Detection EA 8 $850.00 $6,800.00 $550.00 $4,400.00 $500.00 $4,000.00 36 Slurry Seal (Type II) SY 28,998 $3.43 $99,463.14 $3.15 $91,343.70 $3.50 $101,493.00 37 Adjust Manhole to Grade EA 2 $1,000.00 $2,000.00 $500.15 $1,000.30 $1,000.00 $2,000.00 Subtotal $912,528.89 $873,306.00 $994,945.00 Additive Bid 38 Remove Existing Cross Gutter and Construct Cross Gutter per SDRSD G-12 SF 180 $ 25.00 $ 4,500.00 $ 25.00 $ 4,500.00 $ 22.00 $ 3,960.00 39 Construct 9" Reinforced PCC Bus Pad over 5" Class II Aggregate Base EA 4 $ 10,000.00 $ 40,000.00 $ 20,000.00 $ 80,000.00 $ 16,000.00 $ 64,000.00 Subtotal Additive Bid $ 44,500.00 $ 84,500.00 $ 67,960.00 Grand Total $957,028.89 $957,806.00 $1,062,905.00 Bid Results for Sweetwater River Bikeway Connections/30th Street Facility Improvements, CIP No. 18-14 Blue Pacific Engineering Portillo Concrete, Inc. Tri-Group Construction Item No. Item Description Unit Qty. Unit Price Extension (Quantity x Unit Price) Unit Price Extension (Quantityx Unit Price) Unit Price Extension (Quantity x Unit Price) 17 Construct Asphalt Concrete Pavement (1.5" to 2" Overlay) TON 418 $140.00 $58,520.00 $250.00 $104,500.00 $111.00 $46,398.00 18 Pavement Rehabilitation Dig -Out (Remove Asphalt Concrete Pavement, Base and Subgrade) CY 360 $100.00 $36,000.00 $110.00 $39,600.00 $130.00 $46,800.00 19 Pavement Rehabilitation Dig -Out (Remove Concrete Subgrade) CY 30 $200.00 $6,000.00 $100.00 $3,000.00 $300.00 $9,000.00 20 Pavement Rehabilitation Dig -Out - Construct Asphalt Concrete Pavement TON 380 $250.00 $95,000.00 $76.00 $28,880.00 $112.00 $42,560.00 21 Pavement Rehabilitation Dig -Out - Construct Class II Aggregate Base TON 290 $80.00 $23,200.00 $66.00 $19,140.00 $61.00 $17,690.00 22 Pavement Rehabilitation Dig -Out - Stress- Relieving Fabric SF 5,413 $1.00 $5,413.00 $1.00 $5,413.00 $2.00 $10,826.00 23 Furnish and Install Chainlink Fence per SDRSD M-6 LF 60 $80.00 $4,800.00 $70.00 $4,200.00 $60.00 $3,600.00 24 Furnish and Install Pedestrian Barricade per COSD Standard SDG-140 LF 8 $900.00 $7,200.00 $250.00 $2,000.00 $200.00 $1,600.00 25 Furnish and Install Ameristar 4" x 36" Fixed Bollards per Plans, or approved equal EA 4 $800.00 $3,200.00 $300.00 $1,200.00 $2,500.00 $10,000.00 26 Urban Design Improvements LS 1 $25,000.00 $25,000.00 $55,000.00 $55,000.00 $29,000.00 $29,000.00 27 Install Oldcastle 24" round concrete flared end section or approved equal EA 1 $5,000.00 $5,000.00 $500.00 $500.00 $8,000.00 $8,000.00 28 Install concrete encased 24" HDPE LF 6 $500.00 $3,000.00 $500.00 $3,000.00 $300.00 $1,800.00 2 OWNER - CONTRACTOR AGREEMENT SWEETWATER RIVER BIKEWAY CONNECTIONS/30T" STREET BICYCLE FACILITY IMPROVEMENTS, CIP NO. 18-14 This Owner -Contractor Agreement ("Agreement") is made by and between the City of National City, 1243 National City Boulevard National City, California 91950 and Blue Pacific Engineering and Construction ("Contractor"), 7330 Opportunity Road, Suite J, San Diego, CA 92111 on the 17th day of September , 2019, 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 -8- 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. -9- 10. LICENSES AND PERMITS Contractor represents and declares to Owner that it has all licenses, permits, qualifications and approvals of whatever nature which are legally required to practice its profession. Contractor represents and warrants to Owner that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any licenses, permits, qualifications or approvals which are legally required for Contractor to practice its profession. 11. GOVERNING LAW, VENUE This Agreement and the Contract Documents shall be construed under and in accordance with the laws of the State of California, and the appropriate venue for any action or proceeding arising from this Agreement and/or the Contract Documents shall be had in the Superior Court of San Diego, Central Branch. 12. COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall for all purposes be deemed to be an original. 13. FALSE CLAIMS Contractor acknowledges that if a false claim is submitted to the Owner, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the Owner seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys' fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. I have read and understood all of the provisions of this Section 15, above: (Initial) (Initial) -10- 14. AGREEMENT MODIFICATION This Agreement and the Contract Documents may not be modified orally or in any manner other than by an amendment in writing and signed by the Owner and the Contractor. IN WITNESS WHEREOF this Agreement is executed as of the date first written above. Owner: Contractor: BLUE PACIFIC ENGINEERING AND CONSTRUCTION Alejandra Sotelo-Solis (Owner/Officer signature) Mayor, City of National City APPROVED AS TO FORM: By: Angil P. Morris -Jones City Attorney Print name and title (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 City, State and Zip Code -11- 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. -12- EXHIBIT B CONTRACT PRICE (NOTE - TO BE COMPLETED TO CONFORM WITH BID SCHEDULE ITEMS) -13- CORPORATE CERTIFICATE I, certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that , who signed said contract on behalf of the Contractor, was then of said Corporation; that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers. I, certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that who signed said contract on behalf of the Contractor, was then of said Corporation; that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers. Corporate Seal: -14- PARTNERSHIP CERTIFICATE STATE OF ) COUNTY OF ) ss On this day of , 20 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: -15- PERFORMANCE BOND WHEREAS, the City Council of the City of National City, by Resolution No. , passed the 17th day of September, 2019 has awarded to BLUE PACIFIC ENGINEERING AND CONSTRUCTION, hereinafter designated as the "Principal", the SWEETWATER RIVER BIKEWAY CONNECTIONS/30TH STREET BICYCLE FACILITY IMPROVEMENTS, CIP NO. 18-14. 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 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 Fifty Seven Thousand Twenty Eight and Eighty Nine Cents ($957,028.89) 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. -16- 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 day of , 20 (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) Surety Principal -17- PERFORMANCE BOND ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF ) ) ss COUNTY OF ) On this day of , 20 , 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: -18- PAYMENT BOND WHEREAS, the City Council of the City of National City, by Resolution No. , passed the 17th day of September, 2019 has awarded to BLUE PACIFIC ENGINEERING AND CONSTRUCTION, hereinafter designated as the "Principal", the SWEETWATER RIVER BIKEWAY CONNECTIONS/30TH STREET BICYCLE FACILITY IMPROVEMENTS, CIP NO. 18-14. WHEREAS, said Principal is required by Chapter 5 (commencing at Section 3225) and Chapter 7 (commencing at Section 3247), Title 15, Part 4, Division 3 of the California Civil Code to furnish a bond in connection with said contract; NOW, THEREFORE, we, the Principal and 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 Fifty Seven Thousand Twenty Eight and Eighty Nine Cents ($957,028.89) 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. -19- 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 day of , 20 (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) Surety Principal -20- ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF ) ss COUNTY OF ) On this day of , 20 , 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: ATTACH ALL BONDS -21- RESOLUTION NO. 2019 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, 1) AWARDING A CONTRACT TO BLUE PACIFIC ENGINEERING & CONSTRUCTION IN THE AMOUNT OF $957,028.89 FOR THE SWEETWATER RIVER BIKEWAY CONNECTIONS/30TH STREET BICYCLE FACILITIES IMPROVEMENTS PROJECT, CIP NO. 18-14; 2) AUTHORIZING A 15% CONTINGENCY IN THE AMOUNT OF $143,554.33 FOR ANY UNFORESEEN CHANGES; 3) AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT; AND 4) AUTHORIZING THE ESTABLISHMENT OF AN ENGINEERING GRANTS FUND APPROPRIATION OF $889,000 AND CORRESPONDING REVENUE BUDGET WHEREAS, on October 22, 2015, the California Department of Transportation (Caltrans) awarded the City of National City (City) a $1,129,000 Active Transportation Program (ATP) grant for the Sweetwater River Bikeway Connections Project (Project) and at their meeting on December 7, 2016, the California Transportation Commission (CTC) allocated $25,000 for the Project Approval/Environmental Document (PAED) phase; and WHEREAS, on February 21, 2017, per City Council Resolution No. 2017-19, City Council executed Program Supplement Agreement No. P036 with Caltrans for the Project to allow for reimbursement of eligible project expenditures through the State ATP; and WHEREAS, on June 29, 2017, the CTC allocated $165,000 for the Preliminary Engineering (PS&E) phase, which included preparation of construction plans, specifications and estimates; and WHEREAS, on October 17, 2017, per City Council Resolution No. 2017-195, City Council authorized the establishment of an Engineering Grants Fund appropriation in the amount of $165,000 and a corresponding revenue budget to allow staff to proceed with preliminary engineering for the Project, which will be reimbursed by the State ATP grant; and WHEREAS, the Sweetwater River Bikeway Connections/30th Street Bicycle Facilities Improvements Project includes traffic calming and pedestrian and bicycle enhancements on 30th Street between "D" Avenue and N. 2nd Avenue, connecting existing pedestrian and bicycle facilities near Sweetwater High School to the regional Sweetwater River Bike Path off N. 2nd Avenue. WHEREAS, improvements will include street resurfacing, ADA upgrades, approximately 1 mile of Class II bike lanes with signage, traffic signal modifications at Highland Avenue and East 30th Street, concrete pads at bus stops, and gateway enhancements at both entrances to the Sweetwater River Bike Path located at W. 33rd Street and N. 2nd Avenue; and WHEREAS, on August 13, 2019, the bid solicitation was posted on PlanetBids, a free public electronic bidding system for contractors and on August 15, 2019 and August 20, 2019, the bid solicitation was advertised in local newspapers; and WHEREAS, on September 3, 2019, six (6) bids were received by the 11:00 a.m. deadline with Blue Pacific Engineering & Construction being the apparent lowest bidder with a total bid amount of $957,028.89; and WHEREAS, upon review of all documents submitted, Blue Pacific Engineering & Construction's bid was deemed responsive, and they are the lowest responsible bidder qualified to perform the work as described in the project specifications with an estimated completion date of Summer 2020; and Resolution 2019 — Page Two WHEREAS, staff recommends awarding a contract to Blue Pacific Engineering & Construction in the not -to -exceed amount of $957,028.89, authorization to establish an Engineering Grants Fund appropriation of $889,000 and corresponding revenue budget to partially fund project construction with the remaining contract award being funded through prior City Council Capital Improvement Program (CIP) TransNet appropriations in the amount of $68,028.89 for Traffic Signal Upgrades; and WHEREAS, staff also recommends authorizing a 15% contingency in the amount of $143,554.33 to address any unforeseen conditions that may arise. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby awards the contract for the Sweetwater River Bikeway Connections/30th Street Bicycle Facilities Improvements Project to the lowest, responsive, responsible bidder, to wit: BLUE PACIFIC ENGINEERING & CONSTRUCTION BE IT FURTHER RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute on behalf of the City a contract in the not -to - exceed amount of $957,028.89 with Blue Pacific Engineering & Construction Sweetwater River Bikeway Connections/30th Street Bicycle Facilities Improvements Project. Said contract is on file in the Office of the City Clerk. BE IT FURTHER RESOLVED that the City Council of the City of National City authorizes a 15% contingency in the amount of up to $143.554.33 for any unforeseen changes. BE IT FURTHER RESOLVED that the City Council of the City of National City authorizes the establishment of an Engineering Grants Fund appropriation of $889,000 and corresponding revenue budget. PASSED and ADOPTED this 17th day of September, 2019. Alejandra Sotelo-Solis, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney 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 BLUE PACIFIC ENGINEERING & CONSTRUCTION Sweetwater River Bikeway Connections / 30th Street Bicycle Facilities Improvements Project, CIP No. 18-14 Judith Hernandez (Engineering/Public Works) forwarded a duplicate original Agreement to Blue Pacific Engineering & Construction.