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HomeMy WebLinkAbout2020 CON APR Construction - Civic Center ADA Accessibility Project, CIP No. 19-45OWNER - CONTRACTOR AGREEMENT CIVIC CENTER ADA ACCESSIBILITY PROJECT, CIP NO. 19-45 This Owner -Contractor Agreement ("Agreement") is made by and between the City of National City, 1243 National City Boulevard National City, California 91950 and APR Construction, Inc. ("Contractor"), 3916 Murray Hill Road, La Mesa, CA, on the 16th day of June, 2020, 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 I. ar services rendered pursuant to this Agreement; however, Owner shall not have the right to control the means by which Contractor accomplishes such services. 10. LICENSES AND PERMITS Contractor represents and declares to Owner that it has all licenses, permits, qualifications and approvals of whatever nature which are legally required to practice its profession. Contractor represents and warrants to Owner that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any licenses, permits, qualifications or approvals which are legally required for Contractor to practice its profession. 11. GOVERNING LAW, VENUE This Agreement and the Contract Documents shall be construed under and in accordance with the laws of the State of California, and the appropriate venue for any action or proceeding arising from this Agreement and/or the Contract Documents shall be had in the Superior Court of San Diego, Central Branch. 12. COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall for all purposes be deemed to be an original. 13. FALSE CLAIMS Contractor acknowledges that if a false claim is submitted to the Owner, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the Owner seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys' fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. I have read and understood all of the provisions of this Section 15, above: (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: Alejan ra of lo!.olis Mayor APPROVED AS TO FORM: By: Angil P," City •f/ orris -Jones orney Contractor: APR Construction, Inc. (mac 56� (Owner/Officer signature) xi/ Eric Scarbrough ``>tts C.xv‘i- Print name and title (Second officer signature if a corporation) Cf�C SCc{c6,u,. Print name and title 940 651 Bus Lic: 09012200 ft apwrt- Contractor's City Business License No. 940 651 State Contractor's License No. and Class 3916 Murray Hill Rd Business street address La Mesa Ca 91941 City, State and Zip Code For Notary, See Attached GA All PurpoGe Ack. For j /( SC i2 R 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 Results for Civic Center ADA Accessibil'ty project (CIP No. 19-45) Item Description Unit Qty. APR Construction, Inc. No. Base Bid 1 Mobilization/Demobilization LS 1 $15,000.00 $15, 000.00 2 Surveying and Construction Staking LS 1 $2,000.00 $2,000.00 3 Traffic Control and Pedestrian Control LS 1 $1,000.00 $1,000.00 4 Clearing and Grubbing LS 1 $5,000.00 $5,000.00 5 Water Pollution Control LS 1 $1,700.00 $1,700.00 6 Unclassified Excavation LS 1 $2,000.00 $2,000.00 7 Removal, Disposal and Replacement of Unsuitable Material CY 7 $ 9, 500.00 $66,500.00 8 Construct Concrete ADA Accessible Walkway SF 365 $ 68.00 $24,820.00 9 10 Construct Retaining Wall (All Types) Per City of San Diego Information Bulletins 221 and 222 Construct Curb Ramp Type C Per SDRSD G-29 SF EACH 424 2 $19.00 $2,000.00 $8,056.00 $4,000.00 11 Signing and Striping LS 1 $2,000.00 $2,000.00 12 Furnish and Install Pedestrian Protective Railing Per SDRSD M-24 & M-25 LF 152 $ 30.00 $4,560.00 13 Mill & Overlay of ADA Parking Stalls SF 2,014 $10.00 $20,140.00 14 Fine Grading, Irrigation Adjustments and Landscape SF 70 $60.00 $4,200.00 15 Construct 4" PCC Sidewalk per SDRSD G-7, G-9, G-10 SF 743 $10.00 $7,430.00 16 Construct 6" Curb per SDRSD G-1 LF 27 $50.00 $1,350.00 17 Construct Concrete Step Per SDRSD M-26 EACH 2 $1,000.00 $2,000.00 18 Construct Concrete Ramp with Steel Plate Per Construction Detail B EACH 1 $2,500.00 $2,500.00 19 Fill Cells Completely with Non -Shrink Grout, Texture to Match Existing, Paint over Grout to Match Existing, See Detail C on Sheet 02 Total LS 1 $3,000.00 $3,000.00 $177,256.00 CORPORATE CERTIFICATE Eric Scarbrough certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that Eric Scarbrough Contractor, was then Eric Scarbrough , who signed said contract on behalf of the 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. Eric Scarbrough certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that Eric Scarbrough Contractor, was then Eric Scarbrough , who signed said contract on behalf of the 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: ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California_ County of p I On before me, leF - 0- 1 1 ( (0-1-10,4-7 (insert name and title of the officer) personally appeared '� I C .S C6 tee P DIY k who proved to me on the basis of satisfactory evidence to be the person* whose name() is/a€ - subscribed to the within instrument and acknowledged to me that he/say executed the same in his/he#eir authorized capacity(itg), and that by his/heir signature(s) on the instrument the person(e'), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) , , .MEHUL V. RAWAL COMM. #2282042 t i= ,It fc: ? NOTARY PUBLIC-CALIFORNIA T. SAN DIEGO COUNTY My Comm. Expires April 18, 2023 STATE OF PARTNERSHIP CERTIFICATE ) Sam. e0 COUNTY OF ) ss On this \ i day of �vve. , 20 Z°, 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: Date: CONTRACT TRANSMITTAL FORM (Attach as Cover Sheet to Documents dropped off to City Clerk's Office) 57///w From (Dept.): I ? / 0 re it ni Submitted by (First & Last Name): ..V p� t )`'? e{ nap Vendor: P CIJ�'I s/r-vl0 ,-c , 4/G. Resolution: YES / NO O Resolution No. (if applicable): ' 20 -- // 3 1 2 3 4 Originals Provided to City Clerk (Select Quantity) Z O O O /\ Department has Copy / Duplicate Original Vendor has Copy / Duplicate Original 0 OWNER - CONTRACTOR AGREEMENT CIVIC CENTER ADA ACCESSIBILITY PROJECT, CIP NO. 19-45 This Owner -Contractor Agreement ("Agreement") is made by and between the City of National City, 1243 National City Boulevard National City, California 91950 and APR Construction, Inc. ("Contractor"), 3916 Murray Hill Road, La Mesa, CA, on the 16th day of June, 2020, for the construction of the above referenced Project. In consideration of the mutual covenants and agreements set forth herein, the Owner and Contractor have mutually agreed as follows: 1. CONSTRUCTION The Contractor agrees to do all the work and furnish all the labor, services, materials and equipment necessary to construct and complete the Project in a turn -key manner in accordance with this Agreement and all documents and plans referenced in Exhibit "A", (hereinafter "Contract Documents"), in compliance with all relevant Federal, State of California, County of San Diego and City of National City codes and regulations, and to the satisfaction of the Owner. 2. CONTRACT PRICE Owner hereby agrees to pay and the Contractor agrees to accept as full compensation for constructing the project in accordance with these Contract Documents in an amount not to exceed the contract price as set forth in Exhibit "B" attached hereto and incorporated herein by reference. Payments to the Contractor shall be made in the manner described in the Special Provisions. 3. TIME FOR PERFORMANCE Time is of the essence for this Agreement and the Contractor shall construct the project in every detail to a complete and turn -key fashion to the satisfaction of the Owner within the specified duration set forth in the Special Provisions. 4. NON-DISCRIMINATION In the performance of this Agreement, the Contractor shall not refuse or fail to hire or employ any qualified person, or bar or discharge from employment any person, or discriminate against any person, with respect to such person's compensation, terms, conditions or privileges of employment because of such person's race, religious status, sex or age. 5. AUTHORIZED OWNER REPRESENTATIVES On behalf of the Owner, the Project Manager designated at the pre -construction meeting shall be the Owner's authorized representative in the interpretation and enforcement of all Work performed in connection with this Agreement. 6. WORKERS' COMPENSATION INSURANCE a) By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement. b) The Contractor shall require each subcontractor to comply with the requirements of Section 3700 of the Labor Code. Before commencing any Work, the Contractor shall cause each subcontractor to execute the following certification: "I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement." 7. ENTIRE AGREEMENT; CONFLICT The Contract Documents comprise the entire agreement between the Owner and the Contractor with respect to the Work. In the event of conflict between the terms of this Agreement and the bid of the Contractor, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid conflicting herewith. 8. MAINTENANCE OF AGREEMENT DOCUMENTATION Contractor shall maintain all books, documents, papers, employee time sheets, accounting records and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by Owner and copies thereof shall be furnished to Owner if requested. 9. INDEPENDENT CONTRACTOR At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee, agent, partner or joint venturer of the Owner. Owner shall have the right to control Contractor insofar as the results of Contractor's services rendered pursuant to this Agreement; however, Owner shall not have the right to control the means by which Contractor accomplishes such services. 10. LICENSES AND PERMITS Contractor represents and declares to Owner that it has all licenses, permits, qualifications and approvals of whatever nature which are legally required to practice its profession. Contractor represents and warrants to Owner that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any licenses, permits, qualifications or approvals which are legally required for Contractor to practice its profession. 11. GOVERNING LAW, VENUE This Agreement and the Contract Documents shall be construed under and in accordance with the laws of the State of California, and the appropriate venue for any action or proceeding arising from this Agreement and/or the Contract Documents shall be had in the Superior Court of San Diego, Central Branch. 12. COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall for all purposes be deemed to be an original. 13. FALSE CLAIMS Contractor acknowledges that if a false claim is submitted to the Owner, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the Owner seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys' fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. I have read and understood all of the provisions of this Section 15, above: (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. 1'Owner: / 11111 Alejan ra 'ot 'loolis Mayor APPROVED AS TO FORM: By: ZiL1r_d Angil P, orris -Jones City • orney Contractor: APR Construction, Inc. (Owner/Officer signature) Eric Scarbrough Print name and title (Second officer signature if a corporation) CC;� «,g-6fU"e Print name and title 940 651 Bus Lic: 09012200 Contractor's City Business License No. 940 651 State Contractor's License No. and Class 3916 Murray Hill Rd Business street address La Mesa Ca 91941 City, State and Zip Code -Nib'. Fos Notary, Soe Attached CA All Purpose Ack. For C6 /C CR8 R - 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 Results for Civic Center ADA Accessibility project (CIP No. 19-45) Item No. Description Unit Qty. APR Construction, Inc. Base Bid 1 Mobilization/Demobilization LS 1 $15,000.00 $15,000.00 2 3 Surveying and Construction Staking Traffic Control and Pedestrian Control LS LS 1 1 $2,000.00 $1,000.00 $2,000.00 $1,000.00 4 Clearing and Grubbing LS 1 $5,000.00 $5,000.00 5 Water Pollution Control LS 1 $1,700.00 $1,700.00 6 Unclassified Excavation LS 1 $2,000.00 $2,000.00 7 Removal, Disposal and Replacement of Unsuitable Material CY 7 $9,500.00 $66,500.00 8 Construct Concrete ADA Accessible Walkway SF 365 $68.00 $24,820.00 9 Construct Retaining Wall (All Types) Per City of San Diego Information Bulletins 221 and 222 SF 424 $19.00 $8,056.00 10 Construct Curb Ramp Type C Per SDRSD G-29 EACH 2 $2,000.00 $4,000.00 11 Signing and Striping LS 1 $2,000.00 $2,000.00 12 Furnish and Install Pedestrian Protective Railing Per SDRSD M-24 & M-25 LF 152 $30.00 $4,560.00 13 Mill & Overlay of ADA Parking Stalls SF 2,014 $10.00 $ 20,140.00 14 Fine Grading, Irrigation Adjustments and Landscape SF 70 $60.00 $4,200.00 15 Construct 4" PCC Sidewalk per SDRSD G-7, G-9, G-10 SF 743 $10.00 $7,430.00 16 Construct 6" Curb per SDRSD G-1 LF 27 $50.00 $1,350.00 17 Construct Concrete Step Per SDRSD M-26 EACH 2 $1,000.00 $2,000.00 18 Construct Concrete Ramp with Steel Plate Per Construction Detail B EACH 1 $2,500.00 $2, 500.00 19 Fill Cells Completely with Non -Shrink Grout, Texture to Match Existing, Paint over Grout to Match Existing, See Detail C on Sheet 02 Total LS 1 $3,000.00 $3,000.00 $177,256.00 CORPORATE CERTIFICATE 1, Eric Scarbrough certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that Eric Scarbrough , who signed said contract on behalf of the Contractor, was then Eric Scarbrough 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. 1 Eric Scarbrough certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that Eric Scarbrough Contractor, was then Eric Scarbrough who signed said contract on behalf of the 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: ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California_ ll County of S'I 4' 1 r lc" On I , before me,F 7€FI L` (,- T1 (tast6t- (inseert name and title of the officer) personally appeared P (C S CA e Obt_.SgJ {A who proved to me on the basis of satisfactory evidence to be the person(&) whose names) is/age- subscribed to the within instrument and acknowledged to me that he/slay executed the same in his/heir authorized capacityCke), and that by his/herit#eir signature(s) on the instrument the person*), or the entity upon behalf of which the persons) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 4_,) (Seal) eam ghemiZZL V. RAV COMM. #2282042 NOTARY PUBLIC-CALIFORNIA SAN DIEGO COUNTY My Comm. Expires April 16, 2023 PARTNERSHIP CERTIFICATE STATE OF GALi A Sam e0 COUNTY OF ) ss On this \ day of 1/4kv‘t , 20 2- 0, 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 Bond Number: 72273767 WHEREAS, the City Council of the City of National City, on the 16th day of June, 2020, has awarded APR Construction, Inc., hereinafter designated as the "Principal", the CIVIC CENTER ADA ACCESSIBILITY PROJECT, CIP NO. 19-45. 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 Western Surety Company as surety, are held and firmly bound unto the City of National City, hereinafter called the "City", in the penal sum of One Hundred Seventy Seven Thousand Two Hundred Fifty Six ($177,256.001 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, its officers, agents, employees, and volunteers 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 and judgment is recovered, the surety shall pay all costs incurred by the City 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 June , 2020 . Western Suret Company (SEAL) Construction Inc. (SEAL) (SEAL) � 6 C ( - (SEAL) ,...•............• ••'��,SUE?"I�rx,[5 Weisbrot, Attorney -In -Fact (SEAL) f (SEAL) ram? a,20 RA TE ..74 f'- r LC1' rSurety s to u" v L rJ r • Q ••.....••' C� 4tt.,7Lity 0II oet Principal and Surety above named, on the 16th day of 9 Principal MAE For Notary, See Attached CA All R C Sc AP J f Purpose Ack. For 1 �"2C F� PERFORMANCE BOND Bond Number: 72273767 ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF PENNSYLVANIA ) ss COUNTY OF BUCKS On this 16th day of June , 2020 , before me, the undersigned, a Notary Public in and for said County and State, personally appeared John D. Weisbrot known to me to be the person whose name is subscribed to the within instrument as the attorney -in -fact of the Western Surety Company , 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): Tracy Konopka Notary Public in and for said County and State My Commission expires: December 3, 2022 Camnonwealth of Pennsylvania • Notary Seat Two NOwOPtbk - Notary Public Bucks County My Commiesion EY pires Dec 3. 2022 Commission Nvmber 1259261. ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of % �� ) On ©� personally appeared before me, 1-c-1- iS L - - Rlq w v�_9 L J C_J (insert name and title of the officer) J �c iva D°Uq' f 1 who proved to me on the basis of satisfactory evidence to be the person*) whose name(s) is/are subscribed to the within instrument and acknowledged to me that hefsr executed the same in his/heir authorized capacity(iies), and that by histtaOtheir signature* on the instrument the person*), or the entity upon behalf of which the person() acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ')'`"2 (Seal) rb , MIEHUL V. RAWAL COMM. #2282042 z e NOTARY PUBLIC-CALIFORNIA r, 1` SAN DIEGO COUNTY My Comm Expires Apr:: 16, 2023 PAYMENT BOND Bond Number: 72273767 WHEREAS, the City Council of the City of National City, on the 16th day of June, 2020, has awarded APR Construction, Inc., hereinafter designated as the "Principal", the CIVIC CENTER ACCESSIBILITY PROJECT, CIP NO. 19-45. 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 Western Surety Company as surety, are held and firmly bound unto the City of National City, hereinafter called the "City", in the penal sum of One Hundred Seventy Seven Thousand Two Hundred Fifty Six ($177,256.00) 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 16th day of Je , 2020 . Western Surety Company (SEAL) APR ' • str ction, Inc. (SEAL) (SEAL) ,t,.../ (SEAL) '. t...• '• Jb1inc60'�jeisbrot, Attorney -In -Fact (SEAL) (SEAL) ;` osAT i ro 1 Si Ail, . i • •,,� �". TI4 `.5a 0% Surety Principal Bond Number: 72273767 ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF PENNSYLVANIA ) ss COUNTY OF BUCKS On this day 16th of June , 20 20 , before me, the undersigned, a Notary Public in and for said County and State, personally appeared John D. Weisbrot known to me to be the person whose name is subscribed to the within instrument as the attorney -in -fact of the Western Surety Company , 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): Tracy Konopka (Notary Public in and for said County and State) My Commission expires: December 3. 2022 ATTACH ALL BONDS Commonwealth of Pennsylvania • Notary Seal TRACY K0S4OPKA - Notary Public Bucks County 2 Commission Number 1259261 Western Surety Company POWER OF ATTORNEY AI'YOIN'1'ING INDiVIDIIAL ATTORNEY -IN -FACT Knew All Men Hy These Presents, That WE:S"I'IiKN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make. constitute and appoint John D Weisbrot, Patricia A Tinsman, Steven Michael Varga, Melissa Lynn Mc Dade, Individually of Pipersville, PA, its true and lawful Attorneys) -in -Fact with full power and authority hereby conferred to sign. seal and execute for and on its behalf be inh, uncle' and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as Vlach instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, art hereby ratified and confirmed. Ttiis Power of Attorney is made and executed pursuant to and by authority of the fly -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of thc corporation. In Witness Whereof. WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed un this 22nd day of October. 2018. State of South Dakota County of Minnchaha } ss WESTERN SURETY COMPANY Paul T. Bmllat, Vice President On this 22nd day of October, 2018. before me personally carte Paul T. Bruflat. to me known, who. being by me duly sown, did depose and say' than he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the scat affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the 13oan1 of Directors of said corpuration and that he signed his name thereto pursuant to like authority, and acknowledges same to he the act and deed of said corporation. My commission expires June 23, 2021 J. MOHR Sena' "WC $OVrtt a,Ko1A CER'l'IFICATE J. Mohr. Notary Public I, L Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hercinabove set forth is still in force, and further certify that the By -Law of the corporation printed on thc reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said conpxxution this 10th day of June 2020 . WESTERN SURETY .'COMPA-NY 1. Nelson. Assistant.:(.:.'.tarry . Font F4280.7.2012 Go to www.cnasurety.com > Owner/ Obligee Services > Validate Bond Coverage, if you want to verify bolfckatthetpi:ity, WESTERN SURETY COMPANY Sioux Falls, South Dakota Statement of Net Admitted Assets and Liabilities December 31, 2019 ASSETS Bonds Stocks Cash, cash equivalents, and short-term investments Receivables for securities Investment income due and accrued Premiums and considerations Amounts recoverable from reinsurers Current federal and foreign income tax recoverable and interest hereon Net deferred tax asset Receivable from parent. subsidiaries, and affiliates Other assets Total Assets $ 1,943,1523,245 27,166,227 27,903,793 17,854,019 56,706,652 1,307,522 2,678,469 11,798,536 12,821,583 601 $ 2,101,389,646 LIABILITIES AND SURPLUS Losses $ 206,051,147 Loss adjustment expense 52,124.445 Commissions payable, contingent commissions and other similar charges 9,862,381 Other expenses (excluding taxes, license and fees) 3,624 Taxes, License and fees (excluding federal and foreign income taxes) 3,875,999 Federal and foreign income taxes payable Unearned premiums 248.521.840 Advance premiums 6.112,006 Ceded reinsurance premiums payable (net of ceding commissions) 1,673,524 Amounts withheld or retained by company for account of others 5,332,206 Provision for reinsurance 290,516 Payable to parent, subsidiaries and affiliates 2905 Payable on security transactions - Other liabilities 91.836 Total Liabilities $ 533.948.430 Surplus Account: Common stock Gross paid in and contributed surplus Unassigned funds Surplus as regards policyholders Total Liabilities and Capital 1, Amy` m.ith,,,Senior Vice President of Western Surety accurate.;rej�t�esentation of the financial statement of the witfi.the•various Insurance Departments and is a true and Surety C3mj,' ny a44£ that date. ♦ '•4.a' t'titV, Subscribed and sworn to me this My commission expires: _ 1. I th _ day of YOLANOA JIMENEZ OFFICIAL SEAL Notary PuDhe. State of IltfnoU My Commission Expires Se te'n .r 24, 2221 $ 4,000,000 280,071,837 1,283,369.380 $ 1,567.441,217 $ 2,101,389,646 Company hereby certify that the above is an Company dated December 31, 2019, as filed correct statement of the condition of Western By Western Surety Company Marc By ...$Cllior Yicc-PZCsiderlt,� �.• , 202Q.m : Y.t ACOROJ' CERTIFICATE OF LIABILITY INSURANCE L------ DATE(MM/DD/YYYY) 06/15/2020 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 General Insurance 11601 Blocker Dr. Suite 110 Auburn CA 95603 CONTACT John Mobley NAMECitizens PHONE (800) 498-0884 FAX (530) 477-0111 (A/C No Exp.IA/C, No): E-MAIL •onm citizens l.com ADDRESS: fhenera C�3 9 INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Security National Insurance Company 19879 INSURED APR Construction, Inc. 3916 Murray Hill Rd La Mesa CA 91941 INSURER B : AmGUARD Insurance Company 42390 INSURER c : Mt. Hawley Insurance Company 37974 INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF POLICY EXP (MM/DD/YYYY) (MM/DD/YYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR PRS RENTED E PREMISES l (Ea occurrence) $ 100,000 MED EXP (Any one person) $ 5,000 A Y Y NA167063401 / IM24864201 — 4/9/2020 4/9/2021 PERSONAL&ADVINJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY POLICY X PRO - LOC PRODUCTS - COMP/OP AGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 ANY AUTO BODILY INJURY (Per person) $ B OWNED AUTOS ONLY X SCHEDULED AUTOS Y APAU113330 2/13/2020 2/13/2021 BODILY INJURY (Per accident) $ HIRED I AUTOS ONLY NON -OWNED AUTOS ONLY PROPERTY DAMAGE (Per accident) $ $ UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 2,000,000 C X EXCESS LIAB CLAIMS -MADE EMX0327332 10/10/2019 8/13/2020 AGGREGATE $ 2,000,000 DED I I RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY - - I PER 1OTH- STATUTE I ER ANYPROPRIETOR/PARTNER/EXECUTIVE Y / N N / A E L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below I E.L. DISEASE - POLICY LIMIT -- $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Project Name: CIVIC CENTER ADA ACCESSIBILITY PROJECT, CIP NO. 19-45 City of National City and its elected officials, officers, employees, agents, representatives, consultants, contract employees and volunteers are named additional insured as per policy terms, conditions, coverages, limits and exclusions as their interest may appear in operations of the named insured. A waiver of subrogation is in favor of the additional insureds. This insurance is primary and non-contributory. Excess policy to follow form. CERTIFICATE HOLDER CANCELLATION City of National City c/o Risk Manager 1243 National City Boulevard National City CA 91950 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSUREDS - OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Policy Number: NA167063401 Endorsement Effective: 7/15/2020 12:01 a.m. Named Insured APR CONSTRUCTION INC(..: ALL PHASE REMODEL Countersigned By: if, ) e SCHEDULE Name of Person or Organization: THE CITY OF NATIONAL CITY, ITS ELECTED OFFICIALS, OFFICERS, AGENTS, EMPLOYEES AND VOLUNTEERS. 1243 NATIONAL CITY BLVD, NATIONAL CITY CA 91950 Location: Civic Center ADA Accessibility project, CIP No. 19-45 1243 National City Blvd, National City, CA 91950 (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 to the extent that the person or organization shown in the Schedule is held liable for your acts or omissions 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. C. The words "you" and "your" refer to the Named Insured shown in the Declarations. D. "Your work" means work or operations performed by you or on your behalf; and materials, parts or equipment furnished in connection with such work or operations. Primary Wording If required by written contract or agreement: Such insurance as is afforded by this policy shall be primary 49-0108 07 11 May Include Copyrighted Material of Insurance Services Offices, Inc. Page 1 of 1 Used with permission insurance, and any insurance or self-insurance maintained by the above additional insured(s) shall be excess of the insurance afforded to the named insured and shall not contribute to it. Waiver of Subrogation If required by written contract or agreement: We waive any right of recovery we may have against an entity that is an additional insured per the terms of this endorsement because of payments we make for injury or damage arising out of "your work" done under a contract with that person or organization. Page 2 of 2 © ISO Properties, Inc., 2000 49-0108 07 11 • ACORD CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DO/YYYY) 07/31/2020 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 Hunter Insurance Services, Inc 9855 Prospect Ave Suite D Santee INSURED APR Construction Inc 3916 Murray Hills Rd La Mesa CA 92071 CONTACT NAME: Stephanie Watson PHONE (AIC. No. Extl: E-MAIL Ste hunteronline.com ADDRESS: PhanieC1 INSURER(S) AFFORDING COVERAGE FAX (A/C, No): INSURER A : Travelers Property Casualty Company of America NAIC 0 25674 CA 91941 INSURER B: INSURER C: INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS -MADE OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ MED EXP (My one person) $ PERSONAL & ADV INJURY $ >EN'L AGGREGATE LIMIT APPLIES PER: - GENERAL AGGREGATE $ --,IPOLICY JET LOC PRODUCTS - COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 X ANY AUTO BODILY INJURY (Per person) $ A OWNED AUTOS ONLY SCHEDULED AUTOS Y 02417520-0 7/24/2020 1/24/2021 BODILY INJURY (Per accident) $ HIRED AUTOS ONLY NON -OWNED AUTOS ONLY PROPERTY DAMAGE (Per accident) $ UMBRELLAUAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS -MADE AGGREGATE $ ' DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY PER STATUTE OTH- ER ANYPROPRIETOR/PARTNER/EXECUTIVE y / N N / A E.L. EACH ACCIDENT $ OFFICER/MEMBEREXCLUDED? (Mandatory In NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The city of National City is named additonal insured on the Commercial Auto policy, per attached endorsement. CERTIFICATE HOLDER CANCELLATION City of National City c/o Risk Manager 1243 National City Boulevard National City CA 91950 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD PROORES I E Additional insured endorsement Name of Person or Organization City of National City 1243 National City Blvd National City CA 91950 Policy number: 02417520-0 Jndenwiuen by Progressive Express Insurance Co. Insured. APR Construction INC July 24, 2020 Policy Period: 07/24/2020 ' 01/24/2021 Mailing Address Progressive Express Insurance Co. PO Box 94739 Cleveland, 0H 44101 1-800-444-4487 For customer service, 24 hours a day, 7 days a week The person or organization named above is an insured with respect to such liability coverage as is afforded by the policy, but this insurance applies to said insured only as a person liable for the conduct of another insured and then only to the extent of that liability. We also agree with you that insurance provided by this endorsement will be primary for any power unit specifically described on the Declarations Page. Limit of Liability Bodily injury Property Haulage Combined Liability each person/ each accident each accident $2,000,000 each accident All other terms, limits and provisions of this policy remain unchanged. This endorsement applies to Policy Number: 02417520-0 Issued to (Name of Insured): APR Construction INC Effective date of endorsement 07/24,'2020 Policy expiration date: 01/24/2021 Form 1198 (01/04) MCI • ACORD® CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 06/15/2020 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 Automatic Data Processing Insurance Agency, Inc. 1 Adp Boulevard Roseland INSURED APR Construction Inc 3916 Murray Hill Rd La Mesa NJ 07068 CONTACT Automatic Data Processing Insurance Agency, Inc. NAME: (A/C No. EMI*1-800 524-7024 (A/C, No E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : State Compensation Insurance Fund 35076 CA 91941 INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 1561050 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MMIDDIYYYY) POLICY EXP (MM/DD/YYYY) LIMITS COMMERCIAL GENERAL LIABILITY OCCUR EACH OCCURRENCE $ CLAIMS -MADE DAMAGE TO KEN I ED PREMISES (Ea occurrence) $ MED EXP (Any one person) $ PERSONAL 8 ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: LOC GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ OTHER: S AUTOMOBILE LIABILITY _ _ _ _ AUTO SCHEDULED AUTOS I NON -OWNED AUTOS ONLY COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ LIANY OWNED BODILY INJURY (Per accident) S HIRED I AUTOS ONLY PROPERTY DAMAGE (Per accident) $ $ UMBRELLA LIAB i_ OCCUR CLAIMS -MADE EACH OCCURRENCE $ EXCESS LIAB AGGREGATE $ DED RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORPARTNER/EXOFFICER/MEMBER/EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS YNN N / A Y 9254580-2020 05/23/2020 05/23/2021 \/ STATUTEROTH E.L. EACH ACCIDENT $ 1,000,000 ECUTIVE E.L. DISEASE - EA EMPLOYEE $ 1,000,000 below E.L. DISEASE - POLICY LIMIT ' $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) This certificate of insurance includes a Waiver of Subrogation in favor of the certificate holder. Project Name: CIVIC CENTER ADA ACCESSIBILITY PROJECT, CIP NO. 19-45 CERTIFICATE HOLDER CANCELLATION City of National City, c/o Risk Manager 1243 National City Blvd National City ACORD 25 (2016/03) 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 CA 91950 © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD STATE COMPENSATION., INSURANCE FUND HOME OFFICE SAN FRANCISCO ALL EFFECTIVE DATES ARE AT 12:01 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME ENDORSEMENT AGREEMENT WAIVER OF SUBROGATION ALL PHASE REMODEL 3916 MURRAY HILL RD LA MESA, CA 91941 9254580-20 RENEWAL SC 5-06-85-40 PAGE 1 OF 1 EFFECTIVE JUNE 15, 2020 AT 12.01 A.M. AND EXPIRING MAY 23, 2021 AT 12.01 A.M. ANYTHING IN THIS POLICY TO THE CONTRARY NOTWITHSTANDING, IT IS AGREED THAT THE STATE COMPENSATION INSURANCE FUND WAIVES ANY RIGHT OF SUBROGATION AGAINST, CITY OF NATIONAL CITY WHICH MIGHT ARISE BY REASON OF ANY PAYMENT UNDER THIS POLICY IN CONNECTION WITH WORK PERFORMED BY, ALL PHASE REMODEL IT IS FURTHER AGREED THAT THE INSURED SHALL MAINTAIN PAYROLL RECORDS ACCURATELY SEGREGATING THE REMUNERATION OF EMPLOYEES WHILE ENGAGED IN WORK FOR THE ABOVE EMPLOYER. IT IS FURTHER AGREED THAT PREMIUM ON THE EARNINGS OF SUCH EMPLOYEES SHALL BE INCREASED BY 03%. NOTHING IN THIS ENDORSEMENT SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS ABOVE STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS IN THIS ENDORSEMENT. COUNTERSIGNED AND ISSUED AT SAN FRANCISCO: JUNE 17, 2020 2570 AUTHORIZED REPRESENTM'IVE PRESIDENT AND CEO SCIF FORM 10217 (REV.4-2018) OLD DP 217 Date: CONTRACT TRANSMITTAL FORM (Attach as Cover Sheet to Documents dropped off to City Clerk's Office) 57///w From (Dept.): 1 0 T' e gri n� Submitted by (First & Last Name): -.V p� /`'? 4,4 e { ►16-4 n Vendor: 1e2 flP rV d o rt Resolution: YES / NO 0 Resolution No. (if applicable): ' 0,70 -- / f 3 1 2 3 4 Originals Provided to City Clerk (Select Quantity) 0000 71 Department has Copy / Duplicate Original Vendor has Copy / Duplicate Original RESOLUTION NO. 2020 — 113 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, 1) AWARDING A CONTRACT TO APR CONSTRUCTION, INC. IN THE NOT -TO -EXCEED AMOUNT OF $177,256.00 FOR THE CIVIC CENTER ADA ACCESSIBILITY PROJECT, CIP NO. 19-45; 2) AUTHORIZING A 15% CONTINGENCY IN THE AMOUNT OF $26,588.40 FOR ANY UNFORESEEN CHANGES; AND 3) AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT WHEREAS, the Civic Center ADA Accessibility Project, CIP No. 19-45, will upgrade the first floor exterior access into the Civic Center; and WHEREAS, the project will construct an ADA accessible path of travel to the main entrance of the building located on the first floor, the side entrances located on the north and south sides of the building and install two (2) ADA parking stalls in the building parking lot; and WHEREAS, City staff will coordinate appropriate placement of signage during construction directing all members of the public and staff to the nearest entrance, as access may be limited at the north and south building entrance while they are being improved; and WHEREAS, on April 30, 2020, the bid solicitation was posted on PlanetBids, a free public electronic bidding system for contractors and advertised in local newspapers on May 5, 2020 and May 11, 2020; and WHEREAS, on May 21, 2020, eight (8) bids were received electronically by the Engineering Department for the Civic Center ADA Accessibility Project; and WHEREAS, APR Construction, Inc., was the lowest responsive bidder qualified to perform the work as described in the project specifications with a total bid amount of $177,256.00; and WHEREAS, City staff recommends awarding the contract to APR Construction, Inc., who is the lowest bidder qualified to perform the work as described in the project specifications with a total bid amount of $177,256.00; and WHEREAS, a 15% contingency amount up to $26,588.40 for any unforeseen changes to the Project is recommended. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the Civic Center ADA Accessibility Project, CIP No. 19-45, to the lowest responsive, responsible bidder, to wit: APR CONSTRUCTION, INC. BE IT FURTHER RESOLVED that the City Council of the City of National City herby authorizes the Mayor to execute on behalf of the City a contract in the amount of $177,256.00 with APR Construction, Inc. for the Civic Center ADA Accessibility Project. Said contract is on file in the Office of the City Clerk. Resolution No. 2020 — 113 Page Two BE IT FURTHER RESOLVED that the City Council hereby authorizes a 15% contingency in the amount of up to $26,588.40 for any unforeseen changes. PASSED and ADOPTED this 16th day of June, 2020 Alejandra Sotelo=Solis, Mayor ATTEST: 1/ 1/ li a Michael R. DaIIa, ity Clerk APPROVED AS TO FORM: Passed and adopted by the Council of the City of National City, California, on June 16, 2020 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. 2020-113 of the City of National City, California, passed and adopted by the Council of said City on June 16, 2020. /h Viono City Clerk of the Cityal City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA C 1 oL® 31 COUNCIL AGENDA STATEMENT ""CETING DATE: June 16, 2020 tfu0 2Q10-113 AGENDA ITEM NO. 12 ITEM TITLE: Resolution of the City Council of the City of National City, 1) awarding a contract to APR Construction, Inc. in the not -to -exceed amount of $177,256.00 for the Civic Center ADA Accessibility Project, CIP No. 19-45; 2) authorizing a 15% contingency in the amount of $26,588.40 for any unforeseen changes; and 3) authorizing the Mayor to execute the contract. PREPARED BY: Luca Zappiello, Assistant Engineer - Civil d PHONE: 619-336-4360 EXPLANATION: See attached. DEPARTMENT: Engineering/Public Works APPROVED BY: IANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: MIS Contract Award - $177,256.00 (funds are available through prior City Council CIP Appropriations) Expenditure Accounts: 001-409-500-598-1500 (Facilities Upgrades) — $137,224.86 001-409-500-498-6574 (ADA Improvements) — $40,031.14 15% Contingency - $26,588.40 (funds are available through prior City Council CIP Appropriations) Expenditure Account: 001-409-500-598-1500 (Facilities Upgrades) - $ 26,588.40 ENVIRONMENTAL REVIEW: CEQA Notice of Exemption will be filed with the County Recorder. ORDINANCE: INTRODUCTION: F 1 FINAL ADOPTION: STAFF RECOMMENDATION: Adopt Resolution awarding a contract to APR Construction, Inc. in the not -to -exceed amount of $177,256.00 for the Civic Center ADA Accessibility Project, CIP No. 19-45. BOARD / COMMISSION RECOMMENDATION: N/A TACHMENTS: 1. Explanation 2. Bid Opening Summary 3. Three Lowest Bidders Summary 4. Owner -Contract Agreement 5. Resolution EXPLANATION The Civic Center ADA Accessibility Project, CIP No. 19-45, will upgrade the first floor exterior access into the Civic Center. The project will construct an ADA accessible path of travel to the main entrance of the building located on the first floor, as well as the side entrances located on the north and south sides of the building. Additionally, the project will also install two ADA parking stalls in the building parking lot. The first stall will be located in front of the main entrance, and the second stall will be located near the southern entrance, adjacent to the employee parking. Staff will coordinate appropriate signage is placed during construction directing all members of the public and staff to the nearest entrance, as access may be limited at the north and south building entrance while they are being improved. Access to the main front entrance of the building will be maintained throughout the project for staff, as well as members of the public once the Civic Center is open to the public. The construction will be phased in such a way to create the least inconvenience to all facility users. On April 30, 2020, the bid solicitation was posted on PlanetBids, a free public electronic bidding system for contractors. On May 5, 2020 and May 11, 2020, the bid solicitation was advertised in local newspapers. On May 21, 2020, eight (8) bids were received electronically on PlanetBids by the 11:00 a.m. deadline. The list of bid opening summary is attached. APR Construction Inc. was apparent lowest bidder with a total bid amount of $177,256.00. Upon review of all documents submitted, APR Construction Inc.'s bid was deemed responsive, and they are the lowest responsible bidder qualified to perform the work as described in the project specifications. Staff recommends awarding a contract to APR Construction, Inc. in the not to exceed amount of $177,256.00 and to authorize a 15% contingency in the amount of $26,588.40 to address any unforeseen conditions that may arise. 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: natiorsa ciUyprojec s.com. -1- CALIFORNIA -{ NATIONAL City 1� rc G7 - INCORPORATED BID OPENING SUMMARY NAME: CIVIC CENTER ADA ACCESSIBILITY PROJECT CIP NO: 19-45 DATE: Thursday, May 21, 2020 TIME: 11:00 A.M. ESTIMATE: $200,000.00 PROJECT ENGINEER: Jose Lopez, P.E. NO. BIDDER'S NAME BID AMOUNT ADDENDA #1 BID SE _ BOND 1 APR Construction, Inc. 3916 Murray Hill Road La Mesa, CA 91941 $177,256.00 Yes Bond 2. Blue Pacific Engineering & Construction 7330 Opportunity Road, Suite J San Diego, CA 92111 $184,586.00 Yes Bond 3. Tri Group Construction 9580 Black Mountain Rd. Ste. L San Diego, CA 92126 $184,989.00 Yes Bond 4. Bella Construction 10008 Ta11 Oak Lane Escondido , CA 92026 $216,611.11 Yes Bond 5. lcpaving & sealing 620 Alpine Way Escondido, CA 92029 $258,772.45 Yes Bond 6. Fordyce Construction, Inc. 9932 Prospect Ave #138 Santee, CA 92071 $264,037.00 Yes Bond 7. SD Remodeling P.O. Box 1488 Rancho Santa Fe, CA 92067 $279,620.18 Yes Bond 8. Vasquez Construction Company 3009 G Street San Diego, CA 92102 $284,900.00 Yes Bond -2- Bid Results for Civic Center ADA Accessibility project (CIP No. 19-45) Item o. Description Unit Qty. APR Construction, Inc Blue Pacific Engineering & Construction Tri Group Construction Base Bid 1 Mobilization/Demobilization LS 1 $15,000.00 $15,000.00 $15,000.00 $15,000.00 $6,000.00 $6,000.00 2 Surveying and Construction Staking LS 1 $2,000.00 $2,000.00 $10,000.00 $10,000.00 $9,000.00 $9,000.00 3 Traffic Control and Pedestrian Control LS 1 $1,000.00 $1,000.00 $10,000.00 $10,000.00 $5,000.00 $5,000.00 4 Clearing and Grubbing LS 1 $5,000.00 $5,000.00 $10,000.00 $10,000.00 $15,000.00 $15,000.00 5 Water Pollution Control LS 1 $1,700.00 $1,700.00 $8,000.00 $8,000.00 $5,000.00 $5,000.00 6 Unclassified Excavation LS 1 $2,000.00 $2,000.00 $10,000.00 $10,000.00 $15,000.00 $15,000.00 7 Removal, Disposal and Replacement of Unsuitable Material CY 7 $9,500.00 $66,500.00 $200.00 $1,400.00 $250.00 $1,750.00 8 Construct Concrete ADA Accessible Walkway SF 365 $68.00 $24,820.00 $30.00 $10,950.00 $14.00 $5,110.00 9 Construct Retaining Wall (All Types) Per City of San Diego Information Bulletins 221 and 222 SF 424 $19.00 $8,056.00 $100.00 $42,400.00 $90.00 $38,160.00 10 - Construct Curb Ramp Type C Per SDRSD G-29 EACH 2 $2,000,00 $4,000.00 $4,500.00 $9,000.00 $4,600.00 $9,200.00 ! 1 Signing and Striping LS 1 $2,000.00 $2,000.00 $5,000.00 $5,000.00 $3,000.00 $3,000.00 12 Furnish and Install Pedestrian Protective Railing Per SDRSD M-24 & M- 25 LF 152 $30.00 $4,560.00 $150.00 $22,800.00 $218.00 $33,136.00 13 Mill & Overlay of ADA Parking Stalls SF 2,014 $10.00 $20,140.00 $5.00 $10,070.00 $9.00 $18,126.00 14 Fine Grading, Irrigation Adjustments and Landscape SF 70 $60.00 $4,200.00 $10.00 $700.00 $44.00 $3,080.00 15 Construct 4" PCC Sidewalk per SDRSD G-7, G-9, G-10 SF 743 $10.00 $7,430.00 $12.00 $8,916.00 $14.00 $10,402.00 16 Construct b" Curb per SDRSD G-1 LF 27 $50.00 $1,350.00 $50.00 $1,350.00 $75.00 $2,025.00 17 Construct Concrete Step Per SDRSD M-26 EACH 2 $1,000.00 $2,000.00 $500.00 $1,000.00 $1,000.00 $2,000.00 18 Construct Concrete Ramp with Steel Plate Per Construction Detail B EACH 1 $2,500.00 $2,500.00 $5,000.00 $5,000.00 $3,000.00 $3,000.00 19 Fill Cells Completely with Non -Shrink Grout, Texture to Match Existing, Paint over Grout to Match Existing, See Detail C on Sheet 02 LS 1 $3,000.00 $3,000.00 $3,000.00 $3,000.00 $1,000.00 $1,000.00 i Total $177,256.00 $184,586.00 $184,989.00 -3- OWNER - CONTRACTOR AGREEMENT CIVIC CENTER ADA ACCESSIBILITY PROJECT, CIP NO. 19-45 This Owner -Contractor Agreement ("Agreement") is made by and between the City of National City, 1243 National City Boulevard National City, California 91950 and APR Construction, Inc. ("Contractor"), 3916 Murray Hill Road, La Mesa, CA, on the 16th day of June, 2020, 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. -4- 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-af__the-Labor Cade__Before_cimmencing_any Wo[Ltt1e 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 -5- services rendered pursuant to this Agreement; however, Owner shall not have the right to control the means by which Contractor accomplishes such services. 10. LICENSES AND PERMITS Contractor represents and declares to Owner that it has all licenses, permits, qualifications and approvals of whatever nature which are legally required to practice its profession. Contractor represents and warrants to Owner that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any licenses, permits, qualifications or approvals which are legally required for Contractor to practice its profession. 11. GOVERNING LAW, VENUE This Agreement and the Contract Documents shall be construed under and in accordance with the laws of the State of California, and the appropriate venue for any action or proceeding arising from this Agreement and/or the Contract Documents shall be had in the Superior Court of San Diego, Central Branch. 12. COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall for all purposes be deemed to be an original. 13. FALSE CLAIMS Contractor acknowledges that if a false claim is submitted to the Owner, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the Owner seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys' fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. I have read and understood all of the provisions of this Section 15, above: (Initial) (Initial) -6- 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: APR Construction, Inc. (esc S'ca461,1,1 Alejandra Sotelo-Solis (Owner/Officer signature) Mayor Eric Scarbrough APPROVED AS TO FORM: By: Vrint name and -title (Second officer signature if a corporation) Angil P. Morris -Jones Print name and title City Attorney 940 651 Contractor's City Business License No. 940 651 State Contractor's License No. and Class 3916 Murray Hill Rd Business street address La Mesa Ca 91941 City, State and Zip Code -7- 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. -8- EXHIBIT B ....---- CONTRACT PRICE (NOTE - TO BE COMPLETED TO CONFORM WITH BID SCHEDULE ITEMS) -9- Bid Results for Civic Center ADA Accessibility project (CIP No. 19-45) Item No. Description Unit Qty. APR Construction, Inc. Base Bid 1 Mobilization/Demobilization LS 1 $15,000.00 $15,000.00 2 Surveying and Construction Staking LS 1 $2,000.00 $2,000.00 3 Traffic Control and Pedestrian Control LS 1 $1,000.00 $1,000.00 4 Clearing and Grubbing LS 1 $5,000.00 $5,000.00 5 Water Pollution Control LS $1,700.00 $1,700.00 6 7 Unclassified Excavation Removal, Disposal and Replacement of Unsuitable Material LS CY 7 $2,000.00 r $2,000.00 $9,500.00 $66,500.00 8 Construct Concrete ADA Accessible Walkway SF 365 $68.00 $24,820.00 9 Construct Retaining Wall (All Types) Per City of San Diego Information Bulletins 221 and 222 SF 424 $19.00 $8,056.00 10 Construct Curb Ramp Type C Per SDRSD G-29 EACH 2 $2,000.00 $4,000.00 11 Signing and Striping LS 1 $2,000.00 $2,000.00 12 Furnish and Install Pedestrian Protective Railing Per SDRSD M-24 & M-25 LF 152 $ 30.00 $4,560.00 13 Mill & Overlay of ADA Parking Stalls SF 2,014 $10.00 $ 20,140.00 14 Fine Grading, Irrigation Adjustments and Landscape SF 70 $60.00 $4,200.00 15 Construct 4" PCC Sidewalk per SDRSD G-7, G-9, G-10 SF 743 $10.00 $7,430.00 16 Construct 6" Curb per SDRSD G-1 LF 27 $50.00 $1,350.00 17 18 Construct Concrete Step Per SDRSD M-26 Construct Concrete Ramp with Steel Plate Per Construction Detail B EACH EACH 2 1 $1,000.00 $2,500.00 $ 2,000.00 $2,500.00 19 Fill Cells Completely with Non -Shrink Grout, Texture to Match Existing, Paint over Grout to Match Existing, See Detail C on Sheet 02 LS 1 $3,000.00 $3,000.00 Total $177,256.00 -10- Eric Scarbrough CORPORATE CERTIFICATE certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that Eric Scarbrough , who signed said contract on behalf of the Contractor, was then Eric Scarbrough 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, Eric Scarbrough certify that I am the Secretary of the Corporation named as onfractor in the foregoing Contract; th t Eric Scarbrough , who signed said contract on behalf of the Contractor, was then Eric Scarbrough 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: -11- PARTNERSHIP CERTIFICATE STATE OF ) COUNTY OF ) On this day of , 20 , before me, the undersigned, a Notary Public in and for said County and State, personally appeared: ) ss (Notary Seal) known to me to be of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. Signature: Name (Type or Print): (Notary Public in and for said County and State) My Commission expires: -12- PERFORMANCE BOND WHEREAS, the City Council of the City of National City, on the 16th day of June, 2020, has awarded APR Construction, Inc., hereinafter designated as the "Principal", the CIVIC CENTER ADA ACCESSIBILITY PROJECT, CIP NO. 19-45. 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 of National City, hereinafter called the "City", in the penal sum of One Hundred Seventy Seven Thousand Two Hundred Fifty Six ($177,256.001 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, its officers, agents, employees, and volunteers 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. -13- In the event suit is brought upon this bond by the City and judgment is recovered, the surety shall pay all costs incurred by the City 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 -14- PERFORMANCE BOND ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE 0 F 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: -15- PAYMENT BOND WHEREAS, the City Council of the City of National City, on the 16th day of June, 2020, has awarded APR Construction, Inc., hereinafter designated as the "Principal", the CIVIC CENTER ACCESSIBILITY PROJECT, CIP NO. 19-45. 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 of National City, hereinafter called the "City", in the penal sum of One Hundred Seventy Seven Thousand Two Hundred Fifty Six ($177,256.00) 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. -16- 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 releasedlran liabilityto_those_for whose-ben_efitsioLtbond 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 STATE OF ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY COUNTY OF ) 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 -18- RESOLUTION NO. 2020 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, 1) AWARDING A CONTRACT TO APR CONSTRUCTION, INC. IN THE NOT -TO -EXCEED AMOUNT OF $177,256.00 FOR THE CIVIC CENTER ADA ACCESSIBILITY PROJECT, CIP NO. 19-45; 2) AUTHORIZING A 15% CONTINGENCY IN THE AMOUNT OF $26,588.40 FOR ANY UNFORESEEN CHANGES; AND 3) AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT WHEREAS, the Civic Center ADA Accessibility Project, CIP No. 19-45, will upgrade the first floor exterior access into the Civic Center; and WHEREAS, the project will construct an ADA accessible path of travel to the main entrance of the building located on the first floor, the side entrances located on the north and south sides of the building and install two (2) ADA parking stalls in the building parking lot; and WHEREAS, City staff will coordinate appropriate placement of signage during construction directing all members of the public and staff to the nearest entrance, as access may be limited at the north and south building entrance while they are being improved; and WHEREAS, on April 30, 2020, the bid solicitation was posted on PlanetBids, a free public electronic bidding system for contractors and advertised in local newspapers on May 5, 2020 and May 11, 2020; and WHEREAS, on May 21, 2020, eight (8) bids were received electronically by the Engineering Department for the Civic Center ADA Accessibility Project; and WHEREAS, APR Construction, Inc., was the lowest responsive bidder qualified to perform the work as described in the project specifications with a total bid amount of $177,256.00; and WHEREAS, City staff recommends awarding the contract to APR Construction, Inc., who is the lowest bidder qualified to perform the work as described in the project specifications with a total bid amount of $177,256.00; and WHEREAS, a 15% contingency amount up to $26,588.40 for any unforeseen changes to the Project is recommended. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the Civic Center ADA Accessibility Project, CIP No. 19-45, to the lowest responsive, responsible bidder, to wit: APR CONSTRUCTION, INC. BE IT FURTHER RESOLVED by the City Council of the City of National City herby authorizes the Mayor to execute on behalf of the City a contract in the amount of $177,256.00 with APR Construction, Inc. for the Civic Center ADA Accessibility Project. Said contract is on file in the Office of the City Clerk. Resolution No. 2020 — Page Two BE IT FURTHER RESOLVED that the City Council hereby authorizes a 15% contingency in the amount of up to $26,588.40 for any unforeseen changes. PASSED and ADOPTED this 16th day of June, 2020 Alejandra Sotelo-Solis, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Angil P. Morris Jones, City Attorney