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HomeMy Public PortalAboutC-22-129 - ND CONSTRUCTION COMPANY AMENDMENT NO. 1 2023 APR 5AMENDMENT NO. 1 TO PUBLIC WORKS AGREEMENT THIS AMENDMENT TO PUBLIC WORKS AGREEMENT ("Amendment No. I") by and between the CITY OF CARSON, a California municipal corporation ("City"), and ND CONSTRUCTION COMPANY, INC., a California corporation ("Contractor"), is effective as of the 21 s F day of M k r L , 2023. RECITALS A. City and Contractor entered into that certain Public Works Agreement dated August 9, 2022 ("Agreement") whereby Contractor agreed to remove and install bus shelters, bus benches, trash receptacles and items ancillary thereto on a citywide basis ("Project"), for a cost not to exceed $535,272. B. On or around mid-December 2022, a City inspector determined that the installed shelters would require replacements of entire sidewalks from score to score at each worksite ("Over -Excavation Work.") as opposed to needing individual cut-outs for footings for each shelter leg. Contractor's bid submitted for the Project assumed there would be individual cut-outs for footings. C. On or about January 3, 2023, under City's Contract Officer authority pursuant to Section 1.12 of the Agreement, the Contract Sum was increased by $25,000 for extra work that was to be performed by the Contractor for the Over -Excavation Work which amount City and Contractor believed at that time would be sufficient for that extra work. D. On or about March 1, 2023, Contractor informed staff that, due to an unexpected rise in the costs of labor and materials, the Over -Excavation Work would cost approximately $175,000 more across the twenty five (25) total sites. The anticipated completion date for the Project will now be May 31, 2023. E. Now, City and Contractor desire to amend the Agreement for the purpose of accounting for the unexpected costs of the Over -Excavation Work for the twenty five (25) total sites at a cost of approximately $175,000 and extending the completion date of the Agreement to May 31, 2023. The $175,000 is inclusive of the $25,000 approved under Contract Officer authority, thereby resulting in an increased Contract Sum from $535,272 to $710,272. TERMS 1. Contract Changes. The Agreement is amended as provided herein (added text shown in bold italics, deleted text shown in stnlethfettgh): A. Section 2.1, "Contract Sum," is hereby amended to read in its entirety as follows: "Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts set forth in Contractor's Bid attached hereto as -1- 01007.0006/864387.1 Exhibit "C" and incorporated herein by this reference. Subject to any additions or deductions that may be made by change order or amendment, and any penalties or damages that may be assessed against Contractor, Contractor shall receive total compensation, including reimbursement of Contractor's expenses, of an amount not to exceed Seven Hundred Ten Thousand Two Hundred Seventy Two Dollars ($710,272.00) Five ,72.00) ("Contract Sum") for completion of the work." B. Section 3.1, "Schedule of Performance," is hereby amended to read in its entirety as follows: "Contractor shall complete the Project by no later than May 31, 2023 withi One HuFxked and Twenty�) ealendays after- ree tiee to Dreeeed" frem-the City in ac=ciiccwith any scnca ' ceiraincd zrvr required -tete provided by the Proposal eras; -and , with any revisions thereof approved by the City in writing. Time is of the essence. If the work is not completed within said time period, liquidated damages shall apply. The term of this Agreement shall expire one (1) year following City's acceptance of the Project." C. Section 5.5, "Performance and Payment Bonds," is hereby amended to read in its entirety as follows: "Concurrently with execution of this Agreement, Contractor shall deliver to the City all of the following bonds if the Contract Sum should exceed $25,000: (a) A performance bond securing the faithful performance of this Agreement, in an amount not less than $710,272.00 $53G�10. (b) A payment bond, securing the payment of all persons furnishing labor and/or materials in connection with the work under this Agreement, in an amount not less than $710,272.00 Q535-272.00. All bonds shall be on the applicable forms provided in Exhibit "D" and Exhibit "E" attached hereto and made part hereof. The bonds shall each contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his/her power of attorney. The bonds shall be unconditional and remain in force during the entire term of the Agreement until released pursuant to Section 5.7 hereof." D. Exhibit C, "Contractor's Bid", is hereby amended to read in its entirety as follows: "§ Scope of service will vary by stop - list to be provided by City § City may add and/or remove additional stops as needed -2- 01007.0006/864387.1 § Prices must be wholly inclusive of all labor and material costs to perform the requested work § Prices must also factor in delivery/storage of materials at bidder's site Demolition and disposal of old Anticipated units amenities 1) Bus stop pole $ 121 per 60 unit 2) Bus stop signage $ 82 per unit 80 3) Bus bench $ 327 per 191 unit 4) Trash receptacle $ 166 per 186 unit 5) Bus shelter $ 1,250 12 per unit Assembly and installation of new amenities 1) Bus stop pole and related signage $ 450 per TBD unit 2) Bus bench (34902-111/12252-121) $ 630 per 180 unit 3) Trash receptacle (35708 pending) $ 544 per 78 unit 4) Bus shelter (26088-00/26089- $ 9,391 per 25 01/40490-00) unit 5) Deluxe Bus shelter (43564-00) $ 20,609 1 per unit 6) New concrete slab —10' on both sides $ 3,500 TBD per unit 7) New concrete slab —15' on both sides $ 4,500 TBD per unit Additional costs to complete work: Prepare/Supply "Typical" (Not site-specific) TC plans $1,903 lump sum Sidewalk replacement work for Bus shelters $175,000 lump sum Standard models @ $6,500x 24 units = $156,000 (26088-00/26089-01/40490-00) Deluxe model @ $19,000 x I unit = $19,000 (43564-00) Total 1FB bid amount including additional costs: (based on anticipated units above) -3- 01007.0006/864387.1 S710,272 e 535,272.0 2. Continuing Effect of Agreement. Except as amended by this Amendment No. 1, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 1, whenever the term "Agreement" appears in the Agreement, it shall mean the Agreement, as amended by this Amendment No. 1. 3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and Contractor each ratify and rearm each and every one of the respective rights and obligations arising under the Agreement including all approvals given under Section 1.12 of the Agreement. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein. Each parry represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation. Contractor represents and warrants to City that, as of the date of this Amendment No. 1, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement. City represents and warrants to Contractor that, as of the date of this Amendment No. 1, Contractor is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement. 4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 1. 5. Authority. The persons executing this Amendment No. 1 on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 1 on behalf of said party, (iii) by so executing this Amendment No. 1, such party is formally bound to the provisions of this Amendment No. 1, and (iv) the entering into this Amendment No. 1 does not violate any provision of any other agreement to which said party is bound. 6. Counterparts. This Amendment No. 1 may be executed in any number of counterparts and each of such counterparts shall for all purposes be deemed to be an original, whether the signatures are originals, electronic, facsimiles or digital. All such counterparts shall together constitute but one and the same Amendment No. 1. [SIGNATURES ON FOLLOWING PAGE] -4- 01007.0006/864387.1 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 on the date and year first -above written. ATTEST: OK Jrn" )c Dr. aleah K. Bradshaw, City Clerk APPROVED AS TO FORM: ALESHIRE & WYNDER, LLP Sunny K. Soltani, City Attorney [rjl; sap] CITY: CITY QF CARSON, a municipal corporation La Davis -Holmes, Mayor U CONTRACTOR: ND CONSTRUCTION COMPAN , INC., California c rpo i By: N e: Michael A. Martin Title: President By: �---4//e/& Name: Linda in Title: Secretary Address: 2201 E Winston Rd Anaheim, CA 92806 Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONTRACTOR'S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR'S BUSINESS ENTITY. -5- 01007.00061864387.1 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 on the date and year first -above written. ATTEST: Dr. Khaleah K. Bradshaw, City Clerk APPROVED AS TO FORM: ALESHIRE & WYNDER, LLP Sunny K. Soltani, City Attorney [rjl; sap] CITY: CITY OF CARSON, a municipal corporation Lula Davis -Holmes, Mayor CONTRACTOR: ND CONSTRUCTION COMPAN , INC., a California c rpo i By: Na e: Michael A. Martin Title: President By: Name: Linda MiWin Title: Secretary Address: 2201 E Winston Rd Anaheim, CA 92806 Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONTRACTOR'S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR'S BUSINESS ENTITY. -5- 01007.0006/864387.1 NDCONST-01 IBEELER1 '4c CERTIFICATE OF LIABILITY INSURANCE �� DATE(M 3/21/2023 /202YYY) 2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License # 0757776 HUB International Insurance Services Inc. CONTACT Joshua Beeler NAME: bac°,N o, Ext>: (949) 940-1856 FAX, No):(949) 940-1857 E-MAIL INSURERS AFFORDING COVERAGE NAIC # INSURER A: Colony Insurance Company 39993 INSURED ND Construction Company Inc. 100 W Broadway, Suite 3000 Long Beach, CA 90802 INSURER B: Starstone National Insurance Company 25496 INSURER C: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 1 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXPLTR LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE OCCUR X X 600GL0008310-11 1/27/2023 1/27/2024 PRMMGETORENTEDn $ 100,000 occurreMED EXP (Any oneperson) $ 5,000 PERSONAL & ADV INJURY 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY jE 17 LOC PRODUCTS - COMP/OP AGG 2,000,000 $ OTHER: AUTOMOBILE LIABILITY EOMC.Nd."SINGLE LIMIT $ BODILY INJURY Perperson) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ PROPER acE.,,den DAMAGE $ AUTOS ONLY AUUTNOS ONLY B UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 3,000,000 AGGREGATE $ 3,000,000 X EXCESS LIAB CLAIMS -MADE 779021239ALI 1/27/2023 1/27/2024 DED RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/ NI PER OTH- STAT E ER ANY OFFICER/MEMBER EXCLUDED? PROPRIETOR/PARTNER/EXECUTIVE [—]N (Mandatory in NH) / A E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYE 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) City of Carson, its elected and appointed officers, employees, volunteers and agents are Additional Insured's with regard to the General Liability policy when required by a written contract, per the attached endorsement forms CG 20 10 12 19 and CG 20 37 12 19. Waiver of Subrogation applies with regard to the General Liability policy when required by a written contract, per the attached endorsement form CG 24 04 05 09• INSURANCE APPROVED RG 3/28/2023 INSURANCE APPROVED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Ci of Carson THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City ACCORDANCE WITH THE POLICY PROVISIONS. 701 E Carson Street W Carson, CA 90745 8/3/2022 AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 600 GL 0008310-11 600 GL 0008310-11 COMMERCIAL GENERAL LIABILITY CG 20 10 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations As required by written contract with the Named Insured All locations which are afforded coverage under this that is executed by the parties to the contract prior to policy. the commencement of work that is called for in the "property damage" occurring after: contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for "bodily injury", "property This insurance does not apply to "bodily injury" or damage" or "personal and advertising injury" "property damage" occurring after: caused, in whole or in part, by: 1. All work, including materials, parts or 1. Your acts or omissions; or equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf; maintenance or repairs) to be performed by or in the performance of your ongoing operations for on behalf of the additional insured(s) at the the additional insured(s) at the location(s) location of the covered operations has been designated above. completed; or However: 2. That portion of "your work" out of which the injury or damage arises has been put to its 1. The insurance afforded to such additional intended use by any person or organization insured only applies to the extent permitted by other than another contractor or subcontractor law; and engaged in performing operations for a 2. If coverage provided to the additional insured is principal as a part of the same project. required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 10 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 2 C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 600 GL 0008310-11 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. Page 2 of 2 © Insurance Services Office, Inc., 2018 CG 20 10 12 19 600 GL 0008310-11 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: All persons or organizations as requested by written contract with the Named Insured. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV —Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products - completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 C Insurance Services Office, Inc., 2008 Page 1 of 1 ACORN® `� CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 03/20/2023 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 CONTACT Warren Fire NAME: Y Firey & Associates Insurance Services PHONN 949-542-7222 arc. Nol: 949-542-7223 ADDRESS: save@fireyinsurance.com 24701 La Plaza INSURER(S) AFFORDING COVERAGE NAIC N Suite 103 INSURER A: United Financial Cas Co 11770 Dana Point CA 92629 INSURED INSURER B INSURERC: ND CONSTRUCTION COMPANY INSURER D: 100 W. BROADWAY INSURER E: SUITE 3000 INSURER F: LONG BEACH CA 90802 COVERAGES CERTIFICATE NUMBER: 07923A16729 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. IPOLICY LTR TYPE OF INSURANCE UBR POLICY NUMBERMM/DD/YYYY EFF MWLDD/YYYY .' LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS -MADE FIOCCUR EACH OCCURRENCE $ ASC`, ETtSiSEAi Eii- _ PREMISES Ea occurrence) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ E GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY ❑ JE T � LOC PRODUCTS - COMP/OP AGG $ $ OTHER: AUTOMOBILE LIABILITY COM OEaMaccident BINED SINGLE LIMIT $ 1,000,000 BODILY INJURY (Per person) $ x ANY AUTO A OWNED SCHEDULED AUTOS ONLY AUTOS , 00929729-0 03-15-2023 09-15-2023 BODILY INJURY (Per accident) $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE $ Per accident $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS' LIABILITY Y/ N STATUTE ER E.L. EACH ACCIDENT $ ANYPROPRIETOR/PARTNERIEXECUTIVE OFFICER/MEMBEREXCLUDED? ❑ N/A E.L. DISEASE - EA EMPLOYEE $ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT I $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Please be advised that the certificate holder will not be notified in the event of a mid-term cancellation. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN THE CITY OF CARSON ACCORDANCE WITH THE POLICY PROVISIONS. 701 EAST CARSON STREET CARSON CA 90745 AUTHORIZED REPRESENTATIVE 01988-2019 ACORD CORPORATION. All rights reserved ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Additional insured endorsement Name of Person or Organization PR99RFff1YE* COMMERC/AL Policy number. 009297290 Underwritten by: United Financial Casualty Co. Insured: ND CONSTRUCTION CO March 27, 2023 Policy Period: 03/15/2023 — 09/15/2023 Mailing Address United Financial Casualty Co. PO Box 94739 Cleveland, OH 44101 1-8004444487 For customer service, 24 hours a day, CITY OF CARSON 7 days a week 701 E CARSON ST CARSON CA 90745 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 each person/ each accident Property Damage each accident Combined Liability $1,000,000 each accident All other terms, limits and provisions of this policy remain unchanged. This endorsement applies to Policy Number: 009297290 Issued to (Name of Insured): ND CONSTRUCTION CO Effective date of endorsement: 03/27/2023 Policy expiration date: 09/15/2023 Form 1198 (01/04) M CL PROGRESSIVE PO BOX 94739 CLEVELAND, OH 44101-8971 ND CONSTRUCTION COMPANY 100 BROADWAY SUITE 3 LONG BEACH CA 90802 PH©MMINr` CaVNEWAL Policy number: 009297290 Underwritten by: UNITED FINANCIAL CASUALTY CO Insured: ND CONSTRUCTION COMPANY Policy Period: Mar 15, 2023- Sep 15, 2023 Mailing Address UNITED FINANCIAL CASUAh PO BOX 94739 CLEVELAND, OH 44101-8971 1-800444-4487 For customer service, 24 hours a day, 7 days week WAIVER OF SUBROGATION ENDORSEMENT This endorsement modifies insurance provided under the following: Commercial Auto Policy Motor Truck Cargo Legal Liability Coverage Endorsement Commercial General Liability Coverage Endorsement We agree to waive any and all subrogation claims against the person or organization designated below. Name of Person or Organization: CITY OF CARSON 701 E CARSON ST CARSON CA 90745 This endorsement applies to Policy Number: 009297290 Issued to: ND CONSTRUCTION COMPANY Endorsement Effective: March 27, 2023 Expiration: September 15, 2023 All other terms, limits and provisions of this policy remain unchanged. Form 8610 (02/19) M_CL POLICYHOLDER COPY SP P.O. BOX 8192, PLEASANTON, CA 94588 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 03-20-2023 CITY OF CARSON SP 701 E CARSON ST CARSON CA 90745-2224 GROUP: POLICY NUMBER: 1066062-2023 CERTIFICATE ID: 412 CERTIFICATE EXPIRES: 01-01-2024 01-01-2023/01-01-2024 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 upon 30 days advance written notice to the employer. We will also give you 30 days 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. Authorized Representative President and CEO EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #0015 ENTITLED ADDITIONAL INSURED EMPLOYER EFFECTIVE 2023-01-01 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. NAME OF ADDITIONAL INSURED: CITY OF CARSON ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 01-01-2023 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 2023-01-01 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME: CITY OF CARSON EMPLOYER NO CONSTRUCTION COMPANY, INC. SP 100 W BROADWAY STE 3000 LONG BEACH CA 90802 [P13,SGI IREv.7-2014) PRINTED : 03-20-2023 ENDORSEMENT AGREEMENT WAIVER OF SUBROGATION HOME OFFICE SAN FRANCISCO EFFECTIVE JANUARY 1, 2023 AT 12.01 A.M. ALL EFFECTIVE DATES ARE AND EXPIRING JANUARY 1, 2024 AT 12.01 A.M. AT 12:01 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME ND CONSTRUCTION COMPANY, INC. 100 W BROADWAY STE 3000 LONG BEACH, CA 90802 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 CARSON WHICH MIGHT ARISE BY REASON OF ANY PAYMENT UNDER THIS POLICY IN CONNECTION WITH WORK PERFORMED BY, ND CONSTRUCTION COMPANY, INC. 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. 1066062-23 RENEWAL SP 5-58-91-02 PAGE 2 OF 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: JANUARY 4, 2023 / 1 2570 AUTHORIZED REPRESENTIVE PRESIDENT AND CEO SCIF FORM 10217 (REV.4-2018) 3 OLD DP 217 CHANGE RIDER To be attached to and form a part of Bond No. cAC720703 in the amount of $ 535.272.00 issued by Merchants Bondino Company (Mutual) on behalf of ND Construction Company, Inc. in favor of City of Carson It is understood and agreed that the bond described above is hereby modified so as to Bond Amount is Amended: From $535,272.00 (Five Hundred Thirty Five Thousand Seven Hundred Seventy Two & 00/100 Dollars) To: $710,272.00 (Seven Hundred Ten Thousand Two Hundred Seventy Two & 00/100 Dollars) It is further expressly understood and agreed that the aggregate liability of the ND Construction Company, Inc. under said bond to the obligee herein mentioned shall not exceed the amount stated above. Nothing herein containers shall be held to vary, alter, waive, or extend any of the terms, agreements, conditions or limitations of the above-mentioned bond, other than as above stated Signed, sealed and dated this WG4173/EP 2/95 13th day of ND Conrticn By: March 2023 , �5 it k Mz�r� h" L) &,e Wr eS►`C eA Merchants B riding Company (Mutual) BY: Lawrenc . McMahon Attomey-in-Fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Civil Code § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. STATE OF CALIFORNIA County of San Diego On MAR 13 2023 before me, Lilia De Loera Insert Name of Notary exactly as it appears on the official seal personally appeared Lawrence F. McMahon Name(s) of Signer(s) , Notary Public, OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s):_ ❑ Partner ❑ Limited ❑ General d Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Top of thumb here Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s): ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: who proved to me on the basis of satisfactory evidence to be the person(W whose name(Q is/ft subscribed to the within instrument and acknowledged to me that he/ /t'NhW executed the same in his/H&/WW authorized capacity(NX, and that by his/offr/j'j' O'N signature* on the instrument the personN, or the entity upon behalf of which the person(/h LILIA DE LOERA acted, executed the instrument. Notary Public . California San Diego Co� �County W7_ ~ Commission , unty 6 I certify under PENALTY OF PERJURY under the laws of � oa My Comm. Expires Feb 16, zozb ` the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. 41) Signature Place Notary Seal Above Signature of Notary Public Lilia De Loera, Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s):_ ❑ Partner ❑ Limited ❑ General d Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Top of thumb here Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s): ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: MERCHANT BONDING COMPANY- POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Christopher James Conte; Janice Martin; Lawrence F McMahon; Maria Guise; Maria Hallmark; Sarah Myers their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power-of-Attomey is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attomey-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 13th day of September 2022 ..... ELP01? 0:• •p�p� '�'�y•• MERCHANTS BONDING COMPANY (MUTUAL) 9�'' 2 • �' V� A9J;.Z�; MERCHANTS NATIONAL BONDING, INC. 2:2 _p_ �:�� ti:2 cam; • 2003�� : : y 1933 : c: By •.......•.'t1�. ,.`�iy ......•��d. President STATE OF IOWA '•.,������•.•• '•.•�,.• COUNTY OF DALLAS ss. On this 13th day of September 2022 before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. APRtAt s POLLY MASON o y Commission Number 750576 My Commission Expires��� ,oWP January 07, 2023 Notary Public (Expiration of notary's commission does not invalidate this instrument) I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 13th day of March 2023 0Nq .•D�N�. C941 LP 0# :ry:GL�•': o .4>�; Z 'off. �p09 •A9• :•m.c?0 9�:�,c: �� /j -o- C i%sr��1 2003 1933 ' e • f Secretary POA 0018 (1/20) POST -COUNCIL TUESDAY, MARCH 21, 2023 No. 4; "Proposed Amendment No. 3"); and 2. AUTHORIZE the Mayor to execute Proposed Amendment No. 3, upon approval as to form by the City Attorney. Item No. 21. 2023-0157 CONSIDER APPROVAL OF AMENDMENT NO. 1 TO PUBLIC WORKS AGREEMENT WITH ND CONSTRUCTION COMPANY, INC. FOR CITYWIDE BUS STOP IMPROVEMENTS, AND APPROVAL OF RESOLUTION NO. 23-056, "A RESOLUTION OF THE CARSON CITY COUNCIL AMENDING THE FISCAL YEAR 2022-23 BUDGET IN THE TRANSPORTATION SERVICES PROPOSITION C FUND FOR ADDITIONAL WORK RELATING TO CITYWIDE BUS STOP IMPROVEMENTS" (CITY COUNCIL) CARSON CITY COUNCIL Approved as Recommended MARCH 21, 2023 1sT: 2ND: AYES: NOES: ABSTAIN: ABSENT: CH JD 5 0 0 0 Recommendation: TAKE the following actions: 1. APPROVE Amendment No. 1 to Public Works Agreement with ND Construction Company, Inc. for citywide bus stop improvements; and 2. AUTHORIZE the Mayor to execute the Amendment, following approval as to form by the City Attorney; and 3. WAIVE further reading and ADOPT Resolution No. 23-056, "A RESOLUTION OF THE CARSON CITY COUNCIL AMENDING THE FISCAL YEAR 2022-23 BUDGET IN THE TRANSPORTATION SERVICES PROPOSITION C FUND FOR ADDITIONAL WORK RELATING TO CITYWIDE BUS STOP IMPROVEMENTS" (Exhibit No. 3; "Resolution No. 23-056"). Item No. 22. 2023-0161 CONSIDER AWARDING CONTRACT SERVICES AGREEMENTS WITH SAMI'S REFEREES, LLC, AND HANGTIME SPORTS FOR ON-CALL YOUTH AND ADULT SPORTS OFFICIATING SERVICES (CITY COUNCIL) CARSON CITY COUNCIL Continued with no objection heard MARCH 21, 2023 1sT: 2ND: AYES: NOES: ABSTAIN: ABSENT: Recommendation: TAKE all of the following actions: 1. WAIVE any irregularities or informalities in the proposals; 2. APPROVE the proposed Contract Services Agreement with Sami's Referees, LLC, for a not -to -exceed Contract Sum of CITY OF CARSON Page 6 ON, C- 701 E. Carson Street CITY OF CARSON _ c File #: 2023-0157, Version: 1 Report to Mayor and City Council Tuesday, March 21, 2023 Consent SUBJECT: CONSIDER APPROVAL OF AMENDMENT NO. 1 TO PUBLIC WORKS AGREEMENT WITH ND CONSTRUCTION COMPANY, INC. FOR CITYWIDE BUS STOP IMPROVEMENTS, AND APPROVAL OF RESOLUTION NO. 23-056, -A RESOLUTION OF THE CARSON CITY COUNCIL AMENDING THE FISCAL YEAR 2022-23 BUDGET IN THE TRANSPORTATION SERVICES PROPOSITION C FUND FOR ADDITIONAL WORK RELATING TO CITYWIDE BUS STOP IMPROVEMENTS- (CITY COUNCIL) I. SUMMARY The City owns and maintains benches, trash receptacles, and shelters to accommodate passengers at its bus stops. Due to constant exposure to outdoor elements, such fixtures require replacement over time. On August 9, 2022, the City entered into an agreement with ND Construction Company, Inc. (ND) for removal and installation of new fixtures. Shortly upon taking delivery of new fixtures, the project commenced in November, but an exceptionally wet winter season prohibited construction work for extended periods. Staff encountered another delay when it was discovered that shelter installations would require replacements of entire sidewalk panels, as opposed to individual cut-outs for footings (Exhibit No. 1; "ND Letter"). The additional work adds an approximate cost of $175,000 to the project and extends the anticipated completion date to May 31, 2023. To complete the additional work, staff is requesting approval of Amendment No. 1 to the agreement, authorizing an increase of $175,000 to the current contract sum of $535,272, making the new not -to -exceed contract sum $710,272 (Exhibit No. 2; "Amendment"). II. RECOMMENDATION TAKE the following actions: 1. APPROVE Amendment No. 1 to Public Works Agreement with ND Construction Company, Inc. for citywide bus stop improvements; and 2. AUTHORIZE the Mayor to execute the Amendment, following approval as to form by the CITY OF CARSON Page 1 of 3 Printed on 3/15/2023 powered by Legistar— 1 File #: 2023-0157, Version: City Attorney; and 3. WAIVE further reading and ADOPT Resolution No. 23-056, "A RESOLUTION OF THE CARSON CITY COUNCIL AMENDING THE FISCAL YEAR 2022-23 BUDGET IN THE TRANSPORTATION SERVICES PROPOSITION C FUND FOR ADDITIONAL WORK RELATING TO CITYWIDE BUS STOP IMPROVEMENTS" (Exhibit No. 3; "Resolution No. 23-056"). III. ALTERNATIVES TAKE another action the City Council deems appropriate. IV. BACKGROUND Fixed -route bus service in Carson is provided through Long Beach Transit and the Carson Circuit. LA Metro and Torrance Transit operate service throughout additional sections of the City as well. The City owns and maintains benches, trash receptacles, and shelters belonging to its bus stops. Due to constant exposure to outdoor elements, such fixtures require replacement over time. On August 9, 2022, the City entered into an agreement with ND Construction Company, Inc. (ND) for removal and installation of new fixtures. The project commenced in November following delivery of new fixtures. However, an exceptionally wet winter season prohibited construction work for extended periods. Staff encountered another delay when it was discovered that shelter installations would require replacements of entire sidewalk panels, as opposed to individual cut-outs for footings. Per company drawings from the manufacturer, footings, or the legs of each shelter, only require a closure pour of new cement over the top of each footing, a space resembling an approximate 39" x 39" square. However, ND was informed by Public Works staff that entire sidewalk panels would need to be removed and replaced to pass City inspection. The additional work to finalize the project adds an approximate cost of $175,000 to the contract sum. Moreover, this also pushes out the anticipated completion date to May 31, 2023. Given the circumstance, staff is requesting approval of Amendment No. 1 to the agreement with ND, authorizing an increase of $175,000 to the current contract sum of $535,272, making the new not -to -exceed contract sum $710,272. V. FISCAL IMPACT Should the City Council approve the recommendation, $175,000 would be transferred from Proposition C account no. 219-90-940-180-6009 and appropriated into Proposition C account no. 219-90-940-180-6004. VI. EXHIBITS CITY OF CARSON Page 2 of 3 Printed on 3/15/2023 powered by Legistar" 2 File M 2023-0157, Version: 1 1. ND Letter (pgs. 4-6). 2. Amendment No. 1 (pgs. 7-13). 3. Resolution No. 23-056 (pgs. 14-15). Prepared by: Jason Jo, Transportation Program Manager CITY OF CARSON Page 3 of 3 Printed on 3/15/2023 powered by LegistarT"' 3