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HomeMy Public PortalAboutBANNAOUN ENGINEERS CONSTRUCTORS CORP�0� M �.sON '�,* 'I -, oor� -,44" 0� 9 CONTRACT DOCUMENTS AGREEMENT PROJECT NO. 1250 FEDERAL NO. STPL-5403 (013) CENTRAL AVENUE PAVEMENT RESTORATION AND RESURFACING FROM DEL AMO BLVD TO UNIVERSITY DRIVE BANNAOUN ENGINEERS CONSTRUCTORS CORPORATION CONTRACT PROJECT NO. 1250 FEDERAL NO. STPL-5403 (013) CENTRAL AVENUE PAVEMENT RESTORATION AND RESURFACING FROM DEL AMO BLVD TO UNIVERSITY DRIVE AGREEMENT THIS AGREEMENT is made and entered into by and between Owner, consisting of one or both of the following described public entities: [X] 0 The City of Carson, California [ ] E The Carson Redevelopment Agency and Bannaoun Engineers Constructors Corporation hereinafter called Contractor. The Owner and the Contractor mutually agree as follows: ARTICLE 1. THE PROJECT For and in consideration of the mutual promises set forth herein, Contractor agrees with Owner to perform and complete in good and workmanlike manner all work required by the Contract Documents for Owner's PROJECT NO. 1250 (stp-5403(013), which is described as follows: CENTRAL AVENUE PAVEMENT RESTORATION AND RESURFACING FROM DEL AMO BLVD TO UNIVERSITY DRIVE Said work shall be performed in accordance with the Plans, Specifications and other Contract Documents, all of which are referenced in Article III hereof and incorporated herein as though fully set forth. Contractor shall furnish at its own expense all labor, materials, equipment and services necessary therefor, except such labor, materials, equipment and services as are provided in the Contract Documents to be furnished by Owner. ARTICLE 11. CONTRACT SUM AND PAYMENT For performing and completing the work in accordance with the Contract Documents, Owner shall pay Contractor, in full compensation therefor, the contract sum set forth in the Bidding Schedule. Said sum shall constitute payment in full for all work performed hereunder, including, without limitation, all labor, materials, equipment, tools and services used or incorporated in the work, supervision, administration, overhead, expenses and any and all other things required, furnished or incurred for completion of the work as specified in the Contract Documents. Owner shall make payments to Contractor on account of the contract sum at the time, in the manner, and upon the conditions specified in the Contract Documents. K ARTICLE III. CONTRACT DOCUMENTS The Contract Documents, which constitute the entire agreement between the Owner and the Contractor, are enumerated as follows: Proposal Documents, including the Notice Inviting Bids, Instructions to Bidders, Bidding Schedule, Bidder's Declaration, Designation of Subcontractors, Bidder's Assurance, and Fair Employment Practices documents; this Agreement; 'Sland4 Specifications; Special Provisions; Technical Provisions; Drawings; Plans; and all addenda issued prior to and all modifications issued after the execution of this Agreement. These form the Contract, and all are as fully a part of the Contract as if attached to this Agreement or repeated herein. ARTICLE IV. EFFECTIVE DATE This Agreement shall become effective and commence as of the date set forth below on which the last of the parties, whether Owner or Contractor, executes said Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their proper officers thereunto duly authorized. Attest: By: �Pc CIT CLERK IFELEK KAWAGOE t- 5-7-�l APPROVED AS TO FORM: By: 0--, te � K CITY ATTORAY Attest: By/ Title 3 OWNER By: MAYOR JIM DEAR Dated: ^y ;?- 0,*,7 SEAL CONTRACTOR By: t;-� n��, Signature fff es zc4e.-4 Title Dated:-4Z--� 7/0 7 EXECUTED IN TRIPLICATE BOND NO. 2065193 PREMIUM: $7,595.00 Premium Is For Contract Term And is subject To Adjurtment CONTRACT Based On Final Contract Price PROJECT NO. 1250 FEDERAL NO. STPL-5403 (013) CENTRAL AVENUE PAVEMENT RESTORATION AND RESURFACING FROM DEL AMO BLVD TO UNIVERSITY DRIVE FAITHFUL PERFORMANCE BOND WHEREAS, the Owner, consisting of one or both of the following described public entities: [XI s The City of Carson, Califomia [ ] E The Carson Redevelopment Agency has awarded to Bannaoun Enciineers Constructors Corporation, hereinafter designated as the "Principal", a Contract for: Project No. 1250, Federal No. STPL-5403 (013): Central Avenue Pavement Restoration And Resurfacing From Del Amo Blvd To University Ddve WHEREAS, said Principal is required under the terms of said Contract to furnish a bond for the faithful performance of said Contract; NOW, TBEREFOFJE, we, BANNAOUN ENGINEERS CONSTRUCTORS CORPORATION as Principal, and NORTH AMERICAN SPECIALTY INSURANCE COMPANY as Surety are held and firmly bound unto the Owner in the sum of W%rVUU#R Wg T�6,T68E_THOUSX�D SIX_HUNDRED Dollars (S439,637.50 ), this amount being not less than one hundred percent (100%) of the total Contract price, lawful money of the United States of America, for 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. In case suit is brought upon ths' bond, the Surety will pay a reasonable attorney's fee to the "Owner" in an amount to be fixed by the court. THE CONDITION OF THIS OBLIGA-nON IS SUCH THAT, if the hereby bounded Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, well and truly keep and perfbim all the undertakings, terms, covenants, conditions and agreements in the said Contract and any alteration thereof, made as therein provided, all within the time and in the manner therein designated and in all respects according to their true intent and meaning, then this obligation shall become nuIl and void: otherwise, it shall be and remain in full force and effect. 4 FATTEITUL PERFORMANCE BOND CONTINUED FURTHER, the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or modification of the Contract Documents, or of the work to be perforrried there -under, shall in any way affect the obligations of this bond, and it does hereby waive notice of any such change, extension of time, alteration or modification of the Contract Documents or of the work to be performed thereunder. IN WITNESS WHEREOF, three (3) identical counterparts of this instruinent, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety named herein, on the 23RD dayof APRIL , 2007, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing body. LIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of— County of CALIFORNIA SAN DIEGO BANNAOUN ENGINEERS CONSTRUCTORS CORPORATION Principal WnVT714 AMFPTrAN qPV.rTAT,TY TWSURANCE COMPANY On 4/23/2007 before me, DEBORAH D. DAVIS, NOTARY PUBLIC DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" personally appeared KAREN JEAN HALL NAME(S) OF SIGNER(S) personally known to me - OR - E) 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 ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their DEBORA . ...... . .... k�H S signature(s) on the instrument the person(s), COMM. #1737411 NOTARY PUBLIC -CALIFORNIA W or the entity upon behalf of which the SAN DIEGO COUNTY ro person(s) acted, executed the instrument. My COMM. Exp. APRIL 21, 201 THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL SECTION TITLE OR TYPE OF DOCUMENT No 5193 OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. [:] INDIVIDUAL [:] CORPORATE OFFICER(S) TITLE(S) PARTNER(S) LIMITED GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR E] OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) NUMBER OF PAGES DATE OF DOCUMENT Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. SIGNER(S) OTHER THAN NAMED ABOVE B .1 __ 1 WnVT714 AMFPTrAN qPV.rTAT,TY TWSURANCE COMPANY On 4/23/2007 before me, DEBORAH D. DAVIS, NOTARY PUBLIC DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" personally appeared KAREN JEAN HALL NAME(S) OF SIGNER(S) personally known to me - OR - E) 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 ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their DEBORA . ...... . .... k�H S signature(s) on the instrument the person(s), COMM. #1737411 NOTARY PUBLIC -CALIFORNIA W or the entity upon behalf of which the SAN DIEGO COUNTY ro person(s) acted, executed the instrument. My COMM. Exp. APRIL 21, 201 THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL SECTION TITLE OR TYPE OF DOCUMENT No 5193 OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. [:] INDIVIDUAL [:] CORPORATE OFFICER(S) TITLE(S) PARTNER(S) LIMITED GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR E] OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) NUMBER OF PAGES DATE OF DOCUMENT Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. SIGNER(S) OTHER THAN NAMED ABOVE NAS SURETY GROUP NORTE AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of Arizona and having its principal office in the City of Itasca, Illinois, each does hereby make, constitute and appoint: JOHN MALONEY, HELEN MALONEY, MARK D. IATAROLA, KAREN JEAN HALL and MATTHEW C. GAYNOR 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 other -wise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of-. TEN MILLION (10,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 24th of March, 2000: "RESOLVED, that any two of the President, any Executive 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." "PITIMM11"', !�'� 4 XWry V//, �o zo ....... .... %E\ P - N-7 By S I Ins. L Steven P. Anderson, President & Chief Executive Officer of Wnhiigton Internations rance Ciinipa.y & Sul Vice Presid-t of North Ar -,i— Speifty lmsm.iice CNM--Y 3 :M= 0 BY D -id M. Lay—, Vice Presidew rWaihigton lvitrnalim-1 Iwo— CMP --Y & Vice President ofNonh A—ri— SP.CiAty bsum-c CMP -Y IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 28th day of June 12006 North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Du Page ss: On this 28th day of June 20 0.6 before me, a Notary Public personally appeared Steven P. Anderson , President and CEO of Washington International Insurance Company and Vice President of North American Specialty Insurance Company and David M. LayLnan , Vice President of Washington International Insurance Company and Vice Presidett of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. -OFFICIAL SEAV A SUSAN ANGE-I- *Wy Pok staw t( vacis Susan Ansel, Notary Public Lq0=WA2i00E*W7Wn I C4F*M* T"N- American Specialty Insurance Company and Washington 1, James A. C nter , the duly elected Assistant Secretery---- - International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies thi,23RDday of APRT.L 120 07 J� A. carpenter. V.c Pres,dent & As "� -1 SmreLai) ofWashingion Int-1—al insurmcc Compw% SS1 NDrth A—ri— Specialt, Insur-ce Compan.� CONTRACT PROJECT NO. 1250 FEDERAL NO. STPL-5403 (013) CENTRAL AVENUE PAVEMENT RESTORATION AND RESURFACING FROM DEL AMO BLVD TO UNIVERSITY DRIVE WORKER'S COMPENSATION INSURANCE CERTIFICATE The Contractor shall execute the following form as required by the California Labor Code, Sections 1860 and 1861: I am aware of the provisions of Section 3700 of the Labor Code which require 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 the Contract. DATED: ATTEST: j�!6AjqjqA*ut4 WtAgiggetes 6&NsTP-ycT6eF CONTRACTOR B Signature -Pee-% Cc �=Id, Title By re r7 4, ,, - Signature Title INDEMNIFICATION AND HOLD HARMLESS AGREEMENT AND WAIVER OF SUBROGATION AND CONTRIBUTION Contract/A,areement/License/Permit No. or description: Project No. 1250, STP -5403(013) Central Avenue Pavement Restoration and Resurfacing from Del Arno Blvd to University Drive Bannaoun Engineers Constructors Corporation Indemnitor(s) (list all names): To the fullest extent permitted by law, Indemnitor hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and hold harmless the City of Carson and the Carson Redevelopment Agency and their respective elected officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively "Indemnitees") I es, claims, demands, causes of action, proceedings, from and against any and all damages, costs, expenses, liabiliti expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith (collectively "Liabilities"), arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to any act, failure to act, error, or omission of Indemnitor or any of its officers, agents, servants, employees, subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, enced contract, agreement, license, or permit (the "Agreement") or the resulting from, or related to the above -refer performance or failure to perform any terni, provision, covenant, or condition of the Agreement, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against an Indemnitee shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. Indemnitor shall pay Indemnitees for any attorneys fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees' sole negligence or willful C� e underlying Agreement is subject to Civil Code 2782(a), or (b) the misconduct to the limited extent that th ce to the limited extent that the underlying Agreement is subject to Civil contracting public agency's active negligen ZD ve without reference to the existence or applicability of any insurance Code 2782(b). This indemnity is effecti coverages which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees. Indemnitor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. Accountants, attorneys, or other professionals employed by Indemnitor to defend Indemnitees shall be selected by or subject to the approval of Indemnitees. In the event there is more than one person or entity named in the Agreement as an Indemnitor, then all obligations, liabilities, covenants and conditions under this instrument shall be joint and several. "Indemnitor" Name Name By: oe By: Its —Fts— TO BE SIGNED BY THE CONTRACTOR �01 INSTRUCTIONS FOR COMPLETING, EXECUTING AND SUBMITTING EVIDENCE OF INSURANCE TO THE OWNER 41pZ107 insured: 4V, Date: A0W (Contractor, Lessee, Permittee, etc.) insured A. In order to reduce problems and time delays in providing evidence of insurance to the Owner, you are requested to give your insurance agent or broker a copy of the attached Insurance Requirements and endorsement forms along with these instructions for completing, executing, and submitting evidence of insurance. 2. If the agreement requires Workers' Compensation coverage and you have been authorized by the State of California to self -insure Workers' Compensation, then a copy of the certificate from the State authorizing self-insurance for Workers' Compensation shall meet the requirements for Workers' Compensation insurance covering activities within the State of California. 3. All questions relating to insurance should be directed to the department or office responsible for your contract, lease, permit, or other agreement. Insurance Agent or Broker B. The appropriate Endorsement Form shall be used. No changes in the terms of the Endorsement will be permitted. Certificates of Insurance alone will not be accepted by the Owner. 46 EXHIBIT A 2. More than one insurance policy may be required to comply with the insurance requirements. Endorsement forms appropriate to your insured's contract, lease or permit are checked below and enclosed. (X) Workers' Compensation/Employers Liability (X) General Liability (X) Automobile Liability Excess/umbrella Liability Professional Liability Property insurance Fine Arts Property Insurance 3. You shall have an authorized representative of the insurance company sign the completed endorsement forms, note his phone number at the bottom of page 2 and have said representative transmit the forms to the Owner. Signatures must be originals as the Owner will not accept facsimile (rubber stamp, photocopy, etc.) or initialed signatures. 4. The name of the Insurance Company underwriting the coverage and its address shall be noted on page 2 of the endorsement form. 5. The "General description of agreement(s) and/or activity(ies) insured" shall include reference to the activity and/or to either the specific Owner contract number, lease number, permit number or construction approval number. 6. The coverages and limits for each type of insurance are specified in the attached sheet of insurance requirements. When coverage is on a scheduled basis, then a separate sheet is to be attached to the endorsement listing such scheduled locations, vehicles, etc., so covered. 7. Endorsements to excess policies will be required when primary insurance is insufficient in complying with the Owner's requirements. 8. If there is insufficient space on the form to note pertinent information, such as inclusions, exclusions or specific provisions, etc., a separate sheet may be attached. 47 EXHIBIT A 9. When additional sheets are attached, change the number of pages at the bottom of the form. 10. Completed Endorsement(s) and questions relating to the required insurance are to be directed to: Risk Management P.O. Box 6234 Carson, CA 90745 (310) 830-7600 11. Improperly completed Endorsements will be returned to your insured for correction by an authorized representative of the insurance company. 12. DELAY. IN SUBMITTING PROPERLY COMPLETED ENDORSEMENT FORMS MAY DELAY YOUR INSURED'S INTENDED OCCUPANCY OR OPERATION UNDER AGREEMENT WITH THE OWNER. 13. For extensions or renewals of insurance policies which have the Owner's Endorsement Form(s) attached, the Owner will accept a copy of the endorsement (with an original signature) to extend the period of coverage as evidence of continued coverage. 48 EXHIBIT A 04/26/2007 15:08 9099314666 EMORY STEPHENS INSUP PAGE 02/07 CERTIFICATE OF LIABILITY INSURANCE DATE: MMQOffyYY) pRO5U—F1EA Eme ry 'RIO 7" P. 2tophens insurance THIIS CERTIFICATE IS 153 *Lg-6Z2�007 UED AS A ATTER OF INFORMATION ONL AN CO FERS P 0. Box 577 N RIGH UPON THE CERTIFICATE HOL R. THI ERTIFICA E DOES NOT PEA Upland, CA 91786 END, EXTEND OR AL R THE GE AFFORDED BY T PO ICIES BELOW. ge 909-90.2-1329 INSU—REID BANNAOtIN ENGINEERS INSURERS AFFORDING COVERAGE NAIC RVIR A. --�ATVRG SPECIALTY ItFOURANep. CCWrA,,N —B(1 P.O. BOX 16352 INSU�f-Ft NA"TTMA" 11111101 11! 1 —.Ui; COHPANr i BEWRLY HILLS, CA 90209 INSURER �C- )4 INSUP ER D. COVERAGES F THE P LIC OF INSURA14CE LIS'111 IiIIIII illi�ill 1: . 011,11V HAVE BEEN ISSUED TO THE INSUREO NA ) A13OVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY ROEOU11ERSEMENT. TERM OR CONor-TION OF ANY CONTRACT OR OTHER DOCUWNT WITH MAY PERTAIN, THE INSURANCE AFFORDED RESPECT TO WHICH THIS CERT1FICATE MAY Be ISSUED OR POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN 13Y THE POLICIES DESCRIBED HEREIN is SUBJECT TO ALL THE TERMS EXCLUSIONS REDUCE I =D By PAID CLAIMS I— — AND CONDITIONS Or SUCH 6rh NO I GENERAL LIABILITY POLICY NUMBER IN X COMMERCIAL CAENEQAL LIABILITY LIM173 I EACH OCCURRENCE 11000 I ICLAIMSMAOE A x SF07CGLOO7829 --3-FAQ-0 MISES Et occuronce, 5 L000 &*DExpjAry*nmpe, 03/29/07 .5A) 5 0001 03/29/os G N'L AGGREGATE LIMIT APPLIES PER PR -PERSONAI.&ADVIN.JURy 1 000 000 GENERAL AGGREGATE ER�L 11 � 3 2 000 000 POLICY I OP — -- rKUDUC75 - COWE AGG — 1=�!- _1-1c— __TA- 2 Q,- 0oo AUTOMOBILE LIAI -,AQ ! _X ANYAUTO COMBINED SINGLE LIMIT ALLOWNEDAUTOS 1,000,000 I I;.. SCHEOUII AUTOS x HOOILYINi R 7-IIRY (Pm, -on) It HIRED AUTOS X NON-OWNEDAVIOIS BAP161099 par 04/06/07 04/orvoIgI SONLYINJURy ------------- PROPERTY DAMAGE GARAGE LIABILITY ANVAUrO ALrrOONI.Y-EAACCIDENT L�AC ES SILIMOR ELLA LIABILITY OTHER THAN FAACC 4 ALITOONLY IOCCUA CLAIMISMADE AGG S SACk OCCJRRENCE S �AGGAEGATE $ DEDUCTIBLE RETENTION WORKERS COMPEN3ATION AND EMPLOYERS' LIABILITY VV IA ANY *ACPnIFT0RWARTNE%/EXECL;7-:VE CEAWem"M !XCLU0407 T Ry IMIT R Ueewbounder PROVISIONS below F L� RAC14 ACCIDENT -�IiIEASE aSPIECIAL T14ER E L - EA EMPt.OI 3 IONSIVE ES/ EXCLUSIONS ADDED SY ENDORSEMEN T) SP -SEE ExHisrT B, EXHIBIT C, -7 ATTACHED. AM OPMERAL L.TABILITY ENDORSFWNT ANP -29 (5/2006) TEN 10 DAYS NOTICE OF CANCELLATION, TMAILIDAVIIIEUIr CERTIFICATE HOLDER f%r CITY OF CAI RZSK MA-MGEMENT P-0- BOX 6234 CARSON, CA 90745 ACORL)ZS(2001/08) LOA 0' THE ABOVE 0E8CPII POLICIES OF! CANCELLED BEFORE T14E EXPIRATION S"OU r4F N;0 WILL212"ICMO MA1 30 DAYS WRITTEN DATE _ 11 M TI11 I$$U,NC INSURER NOTICE TO THE CERTIFICATE WOLOEA NAMED TO T141 LIEPT. AU'g OACORD R Oj�TION �19U 04/26/2007 15:08 9099314666 EMORY STEPHENS INSUR PAGE 03/07 GENERAL COMPREI-JENSAE LIABILITY ADDITIONAL LNSITRED ENDORSEMENT BANNAOUN ENGINEERS CONSTRUCT -O -RS CORP. NAME OF ADDP-P-SS OF INSL;PED: P.O- BOX 16352 BEVERLY HILLS, CA 90209 OCKE& esch ,�tio%of pa %ceinnenWnd/or activi insured: AWAIT10 - ID AL,( 9 TERS, CUR(!"' Notwithstanding any inconsistent statement in the policy to which this endorsement is artached or ir any endorsement now or heTeZfteT attached thcrcto. it is agreed as follows: The Owner, consisting of onc ot both of the follo%&ing described public entities-. (X] 0 The City of Carson, Califomia [ 1 0 The Carson Redevelopment Agency and its or their elected officials, officers, agents and employees are insureds thereuxttler in relation to those activities described generally above with regard to operations perfbrrned by or on behalf of the named insured. 2. Such insurance shall be primary, and not Contributing with any other insurance maintained by the 0%vner. The policy to which this endorsement is attached shall apply separately to cach insured against whom claim is made or suit is brought except Wth respect to the limits of the company's liability. The policy to which this endorsement is attached shall not be subject in cancellatiort. change in coverage. reduction of limits or non -renewal exccpi ai�er wrinen notice to Risk Management, City of Carscm, by certified mail, return receipt requested. not less than thirty (30) days prior to the effective date thereto. CANCELLATION NOTICE AND ENDORSEMENT TO BE SENT TO: Risk Management City of Carson P.O. Box 6234 Carson. CA 90745 (310) 930-7600 Except as smted above and not in conflict with this cridorscment, nothing cootained hereirthall be held to waive, alter or extend any of the limits, agnements, Or CXCIUSiDns of the polic% In which -this endeTscment is attached, 49 EXHIE31T 8 04/26/2007 15:08 9099314666 EMORY STEPHENS INSUR PAGE 04/07 Endorsement Effective Policy No. No. Date SF07CGLOO7829-00 TYPE OF C0VF-RA6L-S"r0'";FUCJ-I GENERAL POLICYPEPJOI) LLMITS 01' THIS ENWRSEMENT ATTACHES LIABILITY FROM3/29/07TO 3/29/08 LIABTI,JT)' Scheduled items or locatiors arc to be idenrified on an attached sheet. Tl,,e following inclusions relate to the above coverages includes - M Prerniscs & Operations (X) M Contract" Liability w Independent Contractors (X) Products/Completed Operations 00 'Broad Form Property Damage Broad Form Liabiliry Endorsement Explosion Hazard Collapse Underground Hazard Pcr%onal Injury A dcductible OT nif-irtmied rclenton (strike out one) of $2,000 PER OCC applies toBI &-PD COMBINET) —coverage, 0EDUC17BL2 APPLTFS PER CLA13�4 . PER OCCURRENCE X NAVIGATORS SPECIALTY INSURANCE CO. NSURANCE COMPANY ADDRESS: ONE PENN PLAZA NEW YORK, NEW YORK 10119 I. EMORY P. STEPHENS . (print name) hereby declare uinder penalty of perjury, under the laws of the State of California, that I havc the authority to bind the above- named irLsurance company to this endorsement and by my execution hereof, do so bind said company. 211 /0 Signatul-e of Autbotfted Re�reacataa�-e (068inal Signature ordy; No facsimile signature or initialed sipature accepted) 487 A 3:-Xccuted at CENTRAL AVE. UPLAND, CA on APRIL 26 .2007 Phone No.: (909)982-1329 so EXHIBIT B 04/26/2007 15:08 9099314666 EMORY STEPHENS INGUR PAGE 05/07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANIKET ADDITIONAL INSURED ENDORSEMENT (EXCLUDING RESIDENTIAL) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) CG 20 10 1195 SCHEDULE Name of Per3on or Oigankation: Any person or organization that the named insured is obligated by virtue of a written contractor agreement to provide insurance such as is afforded by this policy. WHO 15 AN INSURED (Section 11) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of"your work" for that insured by or for you. The following additional provisions apply to any entity that is an insured by the terms of this endorsement: Primary Wording If required by written contract or agreement: Such insurance as is afforded by this policy shall be primary insurance, and any insurance or self-insurance maintained by theabove additional insured(s) shall be excess of the insurance afforded to the named insured and shall not contribute to it. 2. 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. 3. Neither the coverages provided by this insurance policy nor the provisions of this endorsement shall apply to any claim arising out of the sole negligence of any additional insured or any of their agents/ employees. 4. This endomement does not apply to any work involving or related to properties intended for permanent residential or habitational occupancy (other than apartments). The words "you" and "your" refer to the Named Insured shown in the Declarations. '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. ANF -ES 160 (5/ 2006) Prodwer Copy 04/26/2007 15:08 9099314666 EMORY STEPHENS INSUR PAGE 06/07 04-26-07 02:51pm From- T -T04 P 003/004 F-558 NO% CENTURY -NATIONAL INSURANCE COMPANY C%C? sk'n 'Pr Is 2007 2:18pm BammAaun Corp. 81899903as AUTOMOBME LMMITY ADDITIONAL INSMED EN-DORSEM SNT BANNAOUN ENGINEERS CONSTRUC70RS CORP NAME OF ADDRESS OMMUM' P.O. BOX 16352 BEVERLY HILI -SA CA 90209 66WrAld==Vt-KMofW=2Wz( arl"uV111�<"A": —EXCAVATION-SMEWALN, WorAftsunding any inwasistaut statoment in the policy to which ibis endor-arnm is anached or in my endorsement now or hereafter att3chod dwreto, it is agreed as fcUov": I - Tba Owna, consisting of one or botl of the following described pubCc cutities: 0 T2W aw of Canon. California 0 The Carson Redcvelopmem Ag=y and its or Moir elftwd officials, officers, aMM and employee am ir-sure& thereunder in Mation to those activilies deunlmd ScowaDy above uft regard to operadons pesfenwd by or an bebalf of the owuM iumwd. 2. Such ==rmce sball be P=My. 20d not comftib� with =w atbat W===c maintained hy, th- Owmr. Tim policy to vduch this endorseaseW Ls attadwd sball apply sepu*4y to ewh ianued against whom claim is made or stdt is brm& =ocpt with mspmt to tbe limits of the =Vanys hibility- 4. The policy to v&ch tbi3 codorserowt is adacbed shall not be sub�ect io =c4ludmi. chong in covcmge, reduction, of limim or nm-=cwal except aftar wrimu notim to Risk MauspWant, City of Camon, by ccrti� ruai4 reorn reocipt rcquesbcd, not less than thirry (30) days prior to The cffcctrm daw thenta. CA14CELLATION NOTICE AND ENMRSEMBN'T TO BIE SENT TO: Risk NImiagc%nem City of Canon P.O. Box 6234 Carson. CA 90745 (310) 850-7600 Except " suded above and not i* conflict with dus aWamancol. nadting cQwaiwd herci - Shall be 'held to wave, alter or exteod any of %c 1=* agre=wts, = exchuiosm of the policy to Y,bich tUs eridors=crit is atradhc& 51 ExHlerr C 04/26/2Oa7 15:ae 9099314666 EMORY STEPHENS INSUR PAGE 07/07 04-26-07 CZ:51om From- T-704 P 004/004 P-601 0 CENTURY -NATIONAL INSURANCE COMPANY- -17 .119 2007 1:18PH aemmaovm Carp- 8189$90293 P.5 adda"emerit #5 Effective 04-24-07 Policy No. SAP 161099 Ng- DO— - TYPE OF COVERAUTES TO WWCH POLICYPERIOD tacm OF TWS ENT)ORSEM.Mir A31ACJM ERP)m- - ;W I-TARnXI-Y COMMERCTAL AUTO U4-Ub-U7 U4-UO-Vd ;P1,UUU,UV0 CSL Schadaled im= or locadons we to be idmified on mn atimcbcd shceL 1Mc fbHowing ate covend bylbe policy: ( ) 0%mied AummabRes Owned, Nonvwned nd HiTed A=ambiles ()0 Nanowned Autamobiles (V Hired Autambiles CX) ANY AUTO A d0dUCH-ble 0=)(*=PVA=XWPX (Stike OUL Qnc) of $30,000 &Wjjg5jo NON -OWNED Auro povcrage. LIARILTTY DEDUCnBLE AMIES PER CLAIM ---X-----_, PER OCCURRENCE CENTVRY-NATIONAL MURANCE COWAINY ADDRjen 12200 SYLVAN STREET NCRTH HOLLYWOOD, CA 91606 i. AGUSTINA FLORES , (pnnt mame) hereby dad= under p=WW of peijury, undcr ihe laws of the State of CaEfcmiu that I hzm tba amthosily To birmL the above- ,,2.,mcd W=am= =uqmy to this anderseummt and by my execution hemf, do so bind sud CZMPQMY- f Au�fhorized R*mentaflva (OriglnW Stpawre o;i3-. a gigtW No a giguaWre or fnilakd dammrs accqxed) Ex.,rt gat__yAN NUYS , CALIFORNIA on APRTL 26TH Pbone No.; [818 1 760-0880 X2168 52 EXHINT 0 POLICYHOLDER COPY SO STATE P.C. BOX 420807, SAN FRANCISCO,CA 94142-0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 04-18-2007 GROUP: 000229 POLICY NUMBER: 0027912-2006 CERTIFICATE ID: 19 CERTIFICATE EXPIRES: 11-01-2007 11-01-2006/11-01-2007 CITY OF CARSON SD JOB:CENTRAL AVENUE PAVEMENT DEPT. OF PUBLIC WORKS RESTORATION & RESURFACING PROJ.#1250 PO BOX 6234 CARSON CA 90749-6234 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except uPon30 days advance written notice to the employer. We will also give you 30days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. PRESIDENT tTHORIZED REPRESENTATI EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #1600 - OMAR MALOOF PRESIDENT SEC, - EXCLUDED. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 12-07-2006 IS -ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER BANNAGUN ENGINEERS CONSTRUCTORS CORP SD PO BOX 16352 BEVERLY HILLS CA 90209 [HIM,CNI (REV.2-05), PRINTED : 04-18-2007 City of Carson Report to Mayor and City Council August 7, 2007 New Business Consent SUBJECT: ACCEPT AS COMPLETE - PROJECT NO. 1250 [FEDERAL NO. STPL-5403(013)]:l CENTRAL AVENUE PAVEMENT RESTORATION AND RESURFACING FROMI DEL AMO BOULEVARD TO UNIVERSITY DRIVE . .. ... .. ... Submitted by M. Victdf)R�irge�r Development Services 0efief"anager 1. SUMMARY r... . . ............. . . . . Appr'o�'�Ipf& G. Groomes City Manager Project No. 1250 [Federal No. STPL-5403(013)]: Central Avenue Pavement Restoration and Resurfacing from Del Amo Boulevard to University Drive (Exhibit No. 1) has been completed in accordance with the plans and specifications. During the construction phase of the project, several unforeseen issues were encountered that necessitated the following change orders: Change Order No. I - Installing detectable warning devices cast -in-place for 14 wheelchair ramps in the amount of $10,495.60. Change Order No. 2 - Construction items quantity adjustment in the amount of $279,013.36. It is requested that the City Council accept the work as complete and authorize staff to file the Notice of Completion. 11. RECOMMENDATION TAKE the following actions: 1. ACCEPT as complete Project No. 1250 [Federal No. STPL-5403(013)]: Central Avenue Pavement Restoration and Resurfacing from Del Arno Boulevard to University Drive. 2. APPROPRIATE $119,146.46 from the unreserved, undesignated. Gas Tax fund balance to augment the amount currently budgeted for Project No. 1250 [Federal No. STPL-5403(013)]: Central Avenue Pavement Restoration and Resurfacing from Del Arno Boulevard to University Drive. 3. APPROVE Change Order Nos. 1 and 2 for Project No. 1250 [Federal No. STPL-5403(013)]: Central Avenue Pavement Restoration and Resurfacing from Del Arno Boulevard to University Drive. 4. AUTHORIZE staff to file a Notice of Completion. 1r: I - City of Carson Ill. ALTERNATIVES Report to Mayor and City Council August 7, 2007 Do not accept the project as complete. However, Civil Code Section 3093 requires a Notice of Completion to be filed for record within 10 days upon the completion and settlement of all public works project claims, if any. IV. BACKGROUND The Central Avenue Pavement Restoration and Resurfacing project is listed in the city's Capital Improvement Program (CIP) for FY 2006/07. The improvements included removal and reconstruction of portions of failed pavement, pavement cold milling and resurfacing utilizing rubberized asphalt, removal and reconstruction of damaged curb and gutter and sidewalk, removal and reconstruction of access ramps to comply with the latest American's with Disabilities Act (ADA) requirements, adjusting manholes and utility covers to grade, restoration of signal detector loops and traffic striping. In June 2006, the city submitted a request to the Los Angeles County Metropolitan Transportation Authority (Metro) for this project to be added to the Surface Transportation Program Local (STPL) federal fund project list. Metro is responsible for compiling the list of state and federally funded projects and transferring it to Caltrans for implementation and the funding obligation process. On February 8, 2007, Caltrans issued the "Authorization to Proceed with Construction" to the city, with the effective date of February 2, 2007. On March 7, 2007, the City Council voted 5-0 in favor of approving the plans, specifications and estimates, and instructing staff to advertise the work and call for bids for this Project (Exhibit No. 2). On March 8, 2007, the project was advertised and the bid opening was set for April 4, 2007. On April 4, 2007, ten bids were received and opened by the City Clerk. On April 17, 2007, the City Council voted 5-0 in favor of awarding a construction contract for Project No. 1250 [Federal No. STPL-5403(013)]: Central Avenue Pavement Restoration and Resurfacing from Del Arno Boulevard to University Drive, in the amount of $439,637.50, to the lowest responsive bidder, Bannaoun Engineers Constructors Corporation (Exhibit No. 3). During recent months the city received several requests to restore the pavement on Glenn Curtiss Street and Turmont Street, adjacent to the project site. These two locations are part of the recominendation of the city's Pavement Management Program for pavement restoration. The initial assessment indicated that the cost of the additional work was within the project budget. However, as the project progressed, it became evident that the pavement on Central Avenue 014 city of Carson Report to Mayor and City Council August 7, 2007 and the two mentioned additional locations required extensive removal and reconstruction. Change Order No. 1: Installing wheelchair ramp detectable warning devices This change order provides for additional work required to install detectable warning devices cast -in-place for 14 wheelchair ramps at various locations along Central Avenue between Del Arno Boulevard and University Drive per the ADA's new requirements and Caltrans' revised Standard Plan RSP A88A. The cost associated with this item is $8,895.60. The contractor performed equipment relocation for pavement removal and restoration on Glenn Curtiss Street. The cost for relocation is $1,600.00. The total cost associated with Change Order No. I is $10,495.60. Change Order No. 2: Construction items quantity adjustment This change order provides for additional pavement removal, reconstruction and repavement needed to complete the Central Avenue, Glenn Curtiss Street, and Turmont Street pavement restoration and resurfacing. The total cost associated with this item is $279,013.36. Approval of Change Order Nos. 1 and No. 2 will increase the construction contract with Bannaoun Engineers Constructors Corp, by $289,508.96. These change orders increase the $610,000.00 amount previously approved by City Council to a total contract amount of $729,146.46. V. FISCAL IMPACT The total actual construction cost of this improvement project is $729,146.46. Funds for this project were included in the FY 2006/07 STPL and Proposition 42 fund budgets, but the total cost exceeds the $610,000.00 amount allocated for construction and contingencies by $119,146.46. Funds would be included in the FY 2007/08 Gas Tax fund budget, in account no. 12-80-999-004-8020/0125001. The project funding sources and the amounts are as follows: Description Project Cost Funding Source STPL Proposition 42 Gas Tax j Construction u TOTAL: $729,146.46 $500,000-00 $110,000.00 $119,146.46 The account numbers for each project funding source are as follows: STPL: 20-80-999-004-8020/0125001 - $500,000-00 Proposition 42: 28-80-999-281-8020/0125001 - $110,000-00 Gas Tax: 12-80-999-004-8020/0125001 - $119,146.46 0� City of Carson Report to Mayor and City Council August 7, 2007 V1. EXHIBITS 1. Location Map. (pg. 5) 2. Excerpt of minutes for the City Council meeting on March 7, 2007. (pg. 6) 3. Excerpt of minutes for the City Council meeting on April 17, 2007. (pg. 7) G:\ENGINEERING DIVISIOMPROJECTSA250 CENTRAL AVE\AGENDAS\08-07-07 CC Accept As Complete Project No. 1250.doc Prepared by: MASSOUD GHIAM, P.E. sf:RevO6l9O2 Reviewed bv- City Clerk City Treasurer Administrative Services Development Services Economic Development Services Public Services Action taken by City Council Date Action 2 Unofficial Until Approved by City Council ITEM NO. (11) APPROVAL OF PLANS, SPECIFICATIONS, AND ESTIMATES AND AUTHORIZATION TO ADVERTISE FOR BIDS - PROJECT NO. 1250 [FEDERAL NO. STPL-5403(013)1: CENTRAL AVENUE PAVEMENT RESTORATION AND RESURFACING FROM DEL AMO BOULEVARD TO UNIVERSITY DRIVE (DEVELOPMENT SERVICES) RECOMMENDATION for the City Council: TAKE the following actions: I APPROVE the plans, specifications and estimates, and order the work for Project No. 1250 [Federal No. STPL-5403(013)]: Central Avenue Pavement Restoration a�d Resurfacing from Del Arno Boulevard to University Drive. 2. INSTRUCT staff to advertise the work and call for bids for Project No. 1250 [Federal No. STPL-5403(013)]: Central Avenue Pavement Restoration and Resurfacing from Del Amo Boulevard to University Drive. ACTION: It was moved to Approve New Business Consent Item Nos. 8, 9, 11, 12, and 13 on motion of Williams, seconded by Ruiz-Raber and unanimously carried by the following vote: Ayes: Mayor Dear, Mayor Pro Tem Ruiz-Raber, Council Member Santarina, Council Member Williams, and Council Member Gipson Noes: None Abstain: None Absent: None EXHIBIT NO. 2 Carson City Council March 7, 2007 PAGE 12 Unofficial Until Approved by City Council ITEM NO. (17) AWARD OF CONTRACT - PROJECT NO. 1250 [FEDERAL NO. STPL- 5403(013)1: CENTRAL AVENUE PAVEMENT RESTORATION AND RESURFACING FROM DEL AMO BOULEVARD TO UNIVERSITY DRIVE (DEVELOPMENT SERVICES) This item was heard after Item No. 25 and heard concurrently with Item No. 15 and Item No. 16. RECOMMENDATION for the City Council: TAKE the following actions: AWARD a construction contract for Project No. 1250 [Federal No. STPL-5403(013)]: Central Avenue Pavement Restoration and Resurfacing from Del Amo Boulevard to University Drive, in the amount of $439,637.50, to the lowest responsible bidder, Bannaoun Engineers Constructors Corporation. 2. AUTHORIZE construction contingencies in the amount of $65,945.00 (15%) for change orders such as the removal and remediation of contaminated soil, substructure conflicts and other unforeseen construction work that may. be required to complete this pr6ject. 3. AUTHORIZE the Mayor to execute the agreement following approval as to form by the City Attorney. ACTION: It was moved to Approve the staff recommendations for Item No. *I � �­ 16, and 17 on motion of Williams, seconded by Gipson and unanimously carried by the following vote: Ayes: Mayor Dear, Mayor Pro Tem Santarina, Council Member Williams, Council Member Gipson, and Council Member Davis -Holmes. Noes: None Abstain: None Absent: None EXHIBIT NO. 3 Carson City Council April 17,2007 P,4GE 18