HomeMy WebLinkAbout0003_4_AP Construction Group Construction AgreementDecember 29,2015
AP Construction Group, !nc.
Attn: Neman Djouzale, President
15537 Cabrito Road
Van Nuys, CA 91406
RE: PUBLIC WORKS CONSTRUCTION AGREEMENT
Dear Mr. Djouzale:
Enclosed for your files, please find your fully executed copy of the Public Works
Construction Agreement for the Diamond Stadium HVAC Project, CIP Project
No. RDA 220003.
Should you have any questions, please do not hesitate to give this office a call.
Enclosures
cc: AdministrativeServicesDepartment
Public Works Department
95t.674.3124
130 S. MAIN STREET
LAKE ELSINoRE. CA 92530
WW^W. LAKE.E LS INORE.ORC
M. Domen, MMC
CITY OF
LSINO
Sincerely,
Agreement No.
AGREEMENT FOR PUBLIC WORKS CONSTRUCTION
AP CONSTRUCTION GROUP INC.
For the DIAMOND STADIUM HVAC PROJECT
CIP PROJECT NO. RDA Z2OOO3
This Agreement for Public Works Construction ("Agreement") is made and entered into as of
DecemberB,2015, by and between the City of Lake Elsinore, a municipal corporation ('City") and AP
Construction Group lnc , a ("Contractor").
The City and Contractor, in consideration of the mutual promises and covenants set forth
herein, agree as follows.
1 . The Proiect.and Proiect Documents. Contractor agrees to construct the following public
improvements ('work") identified as:
DIAMONO STAD.'UM HVAC PROJECT NO. RDA Z?0OO3
The design plans and HVAC specifications for the Project, which are incorporated herein by
reference and prepared by the City, are identified as,
DIAMOND STADIUM HVAC PROJECT CIP PROJECT NO, RDA Z2OOO3
The Project Documents include this Agreement and all of the following: (1)the Notice lnviting
Bids, lnstructions io Bidders, Bid Documents including Bidder's Proposal as submitted by the
Contractor, Contract Documents, General Specifications, Special Provisrons, and all attachments and
appendices, {2) everything referenced in such documents, such as specifications, details, standard
plans or drawings and appendices, including all applicable State and Federal requirements; (3) all
required bonds, insurance certificates, permits, notices, and affidavits; and (a) any and all addenda or
supplemental agreenrents clarifying, amending or extending the work contemplated as may be
required to insure completion in an acceptable manner. All of the provisions of the above-listed
documents are made a part of this Agreement as though fr-rlly set forth herein.
2. Compensation.
a. For and in consideration of the payments and agreements to be made and
performed by City, Contractor agrees to construct the Project, including furnishing all materials and
performing ali work required for the Project, and to fulfill all other obligations as set forth in the Bidder's
Proposal, such contract price being One Million, Two Hundred Thirty Nine Thousand Dollars and No
Cents ($1,239,000.00).
b. City hereby prornises and agrees to employ, and does hereby employ,
Contractor to provide the materials do the work, and fulfill the obligations according to the terms and
conditions herein contained and referred to, for the prices set forth, and hereby contracls to pay the
same at the time, in the manner, and upon the conditions set forth in the Project Documents.
c. Contractor agrees to recerve and accept the prices set forth in the Bidder's
Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all
obligations hereunder. Such compensation shall cover all expenses, losses, damages and
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consequences arising out of the nature of work during its progress or prior to its acceptance including
those for well and faithfully completing the work and the whole thereof in the manner and time
spectfied in the Project Documents; and also including those arising from actions of the elements,
unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or
discontinuance of the work, and all other unknowns or risks of any description connected with the
work.
3. Qompletion of Work.
a. Contractor shall perform all work within Ninetv (90| working days from the date
of commencement specified in the Notice to Proceed and shall complete all work within Ninetv (901
working days, and shall provide, furnish and pay for all the labor, materials, necessary toois,
expendable equipment, and all taxes, utility and transportation services required for construction of the
Project.
b. AII work shall be performed and completed in a good workmanlike manner in
slrict accordance with the drawings, specifications and all provisions of this Agreement as hereinabove
defined and in accordance with applicable laws, codes, regulations, ordinances and any other legal
requirements governing the Project,
c. Contractor shall not be excused with respect to the failure to so comply by any
act or omission of the City, the Director of Purblic Works, the City Engineer, a City inspector, or a
representative of any of them, unless such act or omission actually prevents the Contractor from fully
complying with the requirements of the Project Documents and unless the Contractor protests at the
time of such alleged prevention that the act or omission is preventing the Contractor from fully
cornplying with the Project Documents. Such protest shall not be effective unless reduced to writing
and filed with the City within three (3) working days of the date of occurrence of the act or omission
preventing the Contractor from fully complying with the Project Documents.
d. City and Contractor recognize that time is of the essence in the performance of
this Agreement and further agree that if the work called for under the Agreement is not completed
within the time hereinabove specified, damages will be sustained by the City and that, it is and will be
impracticable or extremely difficult to ascertain and determine the actual amount of damages the City
will sustain rn the event of, and by reason of, such delay. lt is, therefore, agreed that such damages
shall be presumed to be in the amount of Five Hundred dollars ($500) per calendar day, and that the
Contractor will pay to the City, or City may retain from amounts otherwise payable to Contractor, such
amount for each calendar day by which the Contractor fails to complete the work, including corrective
items of work, under this Agreement within the time hereinabove specified and as adjusted by any
changes to the work.
4. Changes to Work. City and Contractor agree that the City may make changes to the
work, or suspend the work, and no matter how many changes, such changes or suspensions are
within the contemplation of the Contractor and City and will not be a basis for a compensable delay
claim against the City nor be the basis for a liquidated damages claims agarnst the Contractor
Any change to the work shall be by way of a written instrument ("change order") signed by the
City and the Contractor, stating their agreement to the following:
a. The scope of the change in the work,
b. The amount of the adjustment to the contract price; and
c. The extent of the adjustment to the Schedule of Performance.
The Direclor of Public Works is authorized to sign any change order provided that sufficient
contingency funds are available in the City's approved budget for the Project. All change in the work
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authorized by the change order shall be performed under the applicable conditions of the Project
Documents City and Contractor shall negotiate in good faith and as expeditiously as possible the
appropriate adjustments for such changes.
5. Bonds. Contractor shall provide, before commencing work, a Faithful Performance
Bond and a Labor and Material Bond, each for one-hundred percent (100%) of the contract price in the
form that complies with the Project Documents and is satisfactory to the City Attorney.
6. Non-Assignabilitv. Neither this Agreement nor any rights, title, interest, duties or
obligations under this Agreement may be assigned, transferred, conveyed or otherwise disposed of by
Contractor without the prror written consent of City.
7. Lice.nses. Contractor represents and warrants to City that it holds the contractor's
license or licenses set forth in the Project Documents, is registered with the Department of lndustrial
Relations pursuant to Labor Code Section 1725,5 as of March 1,2A15, and holds such other licenses,
permits, qualifications, insurance and approvals of whatsoever nature which are legally required of
Contractor. Contractor represents and warrants to City that Contractor shall, at its sole cost and
expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits,
rnsurance and approvals which are legally required of Contractor to practice its profession Contractor
shall maintain a City of Lake Elsinore business lrcense.
B. lndemnily, Contractor shall indemnify, defend, and hold harmless the City and its
officials, officers, employees, agents, and volunteers from and against any and all losses, liability,
claims, sutts, actions, damages, and causes of action arising out of any personal injury, bodily injury,
loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance,
to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of
Contractor or its employees, subcontractors, or agents, by acts for which they could be held strictly
iiable, or by the quality or character of their work. The foregoing obligation of Contractor shall not
apply when (1) the injury, loss of life, damage to property, or violation of law arises from the sole
negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the
actions of Contractor or its employees, subcontractor, or agenis have contributed in no pafi to the
injury, loss of life, damage to property, or violation of law. lt is understood that the duty of Contractor
to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of lhe
California Civil Code. Acceptance by City of insurance ceftificates and endorsements required under
this Agreement does not relieve Contractor from liability under this indemnification and hold harmless
clause. This indemnification and hold harmless clause shall apply to any damages or claims for
damages whether or not such insurance policies shall have been determined to apply. By execution
of this Agreement, Contractor acknowledges and agrees to the provisions of this Section and that it is
a material element of consideration,
9. lnsurance Requirements.
a. lnsurance. Contractor, at Contractor's own cost and expense, shall procure and
maintain, for the duration of the Agreement, unless modified by the City's Risk Manager, the following
insurance policies
i Workers' Compensation Coveraqe. Contractor shall maintain Workers'
Compensation lnsurance and Employer's Liability lnsurance for his/her employees in
accordance with the laws of the State of California. ln addition, Contractor shall require each
subcontractor to similarly maintain Workers' Compensation lnsurance and Employer's Liability
lnsurance in accordance with the laws of the State of California for all of the subcontractor's
employees Any notice of cancellation or non-renewal of all Workers' Compensation policies
must be received by the City at least thirty (30) days prior to such change. The insurer shall
agree to waive all rights of subrogation against City, its officers, agents, employees and
volunteers for losses arising from work performed by Contractor for City. ln the event that
Contractor rs exempt from Worker's Compensation lnsurance and Employer's Liability
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lnsurance for his/her employees in accordance with the laws of the State of California
Conlractor shall submit to the City a Cerlificate of Exemption from Workers Compensation
lnsurance in a form approved by the City Attorney.
ii. General Liabilitv CoveIage. Contractor shall maintain commercial
general liability insurance in an amount not less than one million dollars ($1,000,000) per
occurrence for bodily injury, personal injury and property damage. lf a commercial general
liability insurance form or other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed under this Agreement or the
general aggregate limit shall be at least twice the required occurrence limit. Required
commercial general liability coverage shall be at least as broad as lnsurance Services Office
Commercial General Liability occurrence form CG 0001 (ed. 11l88) or lnsurance Services
Office form number GL 0002 (ed 1/73) covering comprehensive General Liability and
Insurance Services Office form number GL 0404 covering Broad Form Comprehensive
General Liability. No endorsement may be attached limiting the coverage.
iii. Automobile Liability Coveraqq. Contractor shall maintain automobile
liability insurance covering bodily injury and property damage for all activities of the Contractor
arising out of or in connection with the work to be performed under this Agreement, including
coverage for owned, hired and non-owned vehicles, in an amount of not less than one mrllion
dollars ($1 000,000) conrbined single limit for each occurrence. Automobile liability coverage
must be at least as broad as lnsurance Services Office Automobile Liability form CA 0001 (ed.
12190) Code 'l ("any auto"). No endorsement may be attached limiting the coverage.
iv. Professional Liabilitv Coveraoe lif applicablel. Contractor shall maintain
professional errors and omissions liability insurance appropriate for Contractor's profession for
protection against claims alleging negligent acts, errors or omissions which may arise from
Contractor's services under this Agreement, whether such services are provided by the
Contractor or by rts employees, subcontractors, or sub consultants. The amount of this
insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual
aggregate basis, or a combined single limit per occurrence basis.
b. Endorsements. Each general liability and automobile liability insurance policy
shall be with insurers possessing a Best's rating of no less than A:Vll and shall be endorsed
with the following specific language.
i. The City, its elected or appointed officers, officials, employees, agents
and volunteers are to be covered as additional insured with respect to liability arising out of
work performed by or on behalf of the Contractor, including materials, parts or equipment
furnished in connection with such work or operations
ii. This policy shall be considered primary insurance as respects the City,
its elected or appointed officers, officials, employees, agents and volunteers. Any insurance
maintained by the City, Including any self-insured retention the City may have, shall be
considered excess insurance only and shall not contribute with it.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with respect to the limits of liability
of the insuring company
iv. The insurer waives all rights of subrogation against the City, its elected
or appointed officers, officials, employees or agents.
v. Any failure to comply with reporting provisions of the policies shall not
affect coverage provided to the City, its elected or appointed officers, officials, employees
agents or volunteers.
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vi The insurance provided by this Policy shall not be suspended, voided,
canceled, or reduced in coverage or in limits except after thirty (30) days written notice has
been received by the City.
c. Deductibles and Self-lnsured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City. At the City's option, Contractor shall
demonstrate financial capability for payment of such deductibles or self-insured retentions.
d. Certificates of lnsurance. Contractor shall provide certificates of insurance with
original endorsements to City as evidence of the insurance coverage required herein. Cedificates of
such insurance shall be filed with the City on or before commencement of performance of this
Agreement. Current certificatron of insurance shall be kept on file with the City at all times during the
term of this Agreement.
10. Notices. Any notice required to be given underthis Agreement shall be in writing and
either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the
other party at the address set forlh below. Notice shall be deemed communicated within 48 hours
from the time of mailing if mailed as provided in this section.
lf to City: City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
With a copy to: City of Lake Elsinore
Attn: City Clerk
130 South Main Street
Lake Elsinore, CA 92530
rr to contra""'' t[f',u[:X il":l??{ Hl",io"n,
15537 Cabrito Rd
Van Nuys CA 91406
11. Entire Aqreement This Agreement constitutes the complete and exclusive statement of
agreement between the City and Contractor. All prior written and oral communications, including
correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement
12. Amendments. This Agreement may be modified or amended only by a written
document executed by both Contractor and City and approved as to form by the City Attorney.
'13. Assiqnment and Subcontractino. Contractor shall be fully responsible to City for all acts
or omissions of any subcontractors. Assignments of any or all rights, duties or obligations of the
Contractor under this Agreement will be permitted only with the express consent of the City. Nothing
in this Agreement shall create any contractual relationship between City and any subcontractor nor
shall it create any obligation on the part of the City to pay or to see to the payment of any monies due
to any such subcontractor other than as otherwise is required by law
14. Waiver, Waiver of a breach or default under this Agreement shall not constitute a
continuing waiver of a subsequent breach of the same or any other provision under this Agreement.
15 Severability. lf any term or portion of this Agreement is held to be invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this
Agreement shall continue in full force and effect.
16. 9ontrolling LawVenue. This Agreement and all matters relating to it shall be governed
by the laws of the State of California and any action brought relating to this Agreement shall be held
exclusively in a state court in the County of Riverside.
17. Litioation Expenses and Attornevs' Fees. lf either party to this Agreement commences
any legal action against the other party arising out of this Agreement, the prevailing party shall be
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entitled to recover its reasonable litigation expenses, including court costs, expert witness fees,
discovery expenses, and attorneys' fees.
18 Mediation. The parties agree to make a good faith attempt to resolve any disputes
arising out of this Agreement through mediation prior to commencing litigation. The parties shall
mutually agree upon the mediator and share the costs of mediation equally. lf the pafties are unable
to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in interest. JAMS
shall provide the parties with the names of five qualified mediators. Each party shall have the option to
strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the
dispute. lf the dispute remains unresolved after mediation, either party may comrnence litigation.
19. Authoritv to Enter Aoreement and Adtnjnistration. Contractor has all requisite power
and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party
warrants that the indivrduals who have signed this Agreement have the legal power, right, and
authority to make this Agreement and to bind each respective party. The City Manager is authorized
to enter into an amendment or othenvise take action on behalf of the City to make the following
modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) non-monetary
changes in the scope of services, and/or (d) suspend or terminate the Agreement. The Director of
Public Works shall act as the Project administrator on behalf of the City.
20. Prohibited lnterests. Contractor maintains and warrants that it has not employed nor
retained any company or person, other than a bona fide employee working solely for Conlraclor, to
solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to
pay any company or person, other than a bona fide employee working solely for Contractor, any fee,
commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from
the award or making of this Agreement For breach or violation of this warranty, City shall have the
right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or
employee of City, during the term of his or her service with City, shall have any direct interest in this
Agreement or obtain any present or antrcipated material benefit arising therefrom,
21. Equal Opoortunitv Emplovnlent. Contractor represents that it is an equal opportunity
employer and it shall not discriminate against any subcontractor employee or applicant for
employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such
non-discrimination shall include, but not be limited to, all activities related to initial employment
upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
22. Prevailing Waqes.
a. Contractor and all subcontractors shall adhere to the general prevailing rate of
per diem wages as determined and as published by the State Director of the Department of lndustrial
Relations pursuant to Labor Code Sections 1770, 1773, and 1773,2. Copies of these rates and the
latest revisions thereto are on file in the office of the City Clerk of the City of Lake Elsinore and are
available for review upon request.
b Contractor's attention is directed to the provisions of Labor Code Sections 1774,
1775, 1776, 1777.5 and 1777 6. Contractor shall comply with the provisions of these Sections. The
statutory provisions for penalties for failure to comply with the State's wage and the hours laws will be
enforced.
c. Labor Code Sections 1774 and 1775 require the Contractor and all
subcontractors to pay not less than the prevailing wage rates to all workmen employed in the
execution of the contract and specify forfeitures and penalties for failure to do so, The minimurn wages
to be paid are those determined by the State Director of the Deparlment of lndustrial Relations. Labor
Code Section 1776 requires the Contractor and all subcontractors to keep accurate payroll records,
specifies the contents thereof, their inspection and duplication procedures and certain notices required
of the Contractor pertaining to therr location The statutory penalties for failure to pay prevailing wages
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will be enforced. lf the Project has been awarded to Contractor on or after April 1 , 2015, Contractor
and its subcontractors must furnish electronic certified payroll records to the Labor Commissioner.
Beginning January 1,2A16, Contractor and its subcontractors must furnish electronic certified payroll
records to the Labor Commissioner without regard to when the Project was awarded to Contractor.
d. Labor Code Section 1777.5 requires Contractor or subcontractor employing
tradesmen in any apprenticeable occupation to apply to the Joint Apprenticeship Committee nearest
the site of the public works project, which administers the apprenticeship program in that trade for a
cefiificate of approval. The certificate will also fix the ratio of apprentices to journeymen to be used in
the performance of the Agreement. The Contractor is required to make contributions to funds
established for the administration of apprenticeship programs if the Contractor employs registered
apprentices or journeymen in any apprenticeable trade and if other contractors on the public works site
are making such contributions. lnformation relative to apprenticeship standards, contributions, wage
schedules and other reguirements may be obtained from the State Director of lndustrial Relations or
from the Division of Apprenticeship Standards. Labor Code Section 1777,6 provides that it shall be
unlawful to refuse to accept othenruise qualified employees as registered apprentices solely on the
grounds of race, religious creed, color, national origin, ancestry, sex, or age.
Eight hours labor constitutes a legal day's work, as set forth in Labor Code
Section 1810.
23. Execution. This Agreement may be executed in several counterpafis, each of which
shall constitute one and the same instrument and shall become binding upon the parties when at least
one copy hereof shall have been signed by both parties hereto. ln approving this Agreement, it shall
not be necessary to produce or account for more than one such counterparl.
[Signatures on next page]
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{
lN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the date first written above.
"clTY"
CITY OF LAKE ELSINORE, a municipal
corporation
,.CONTRACTOR"
AP Construction Group lnc
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ATTEST:
Executed in Duplicate
BOND NO. 54203244
PREMTUM $ _11,629.09 _
Premium is for Contract Term and Subject to
FAITHFUL PERFORMAN-9*E BOND Adjustment Based on Final Contract Price
(100% of Total Contract Amount)
KNOW ALL MEN AND WOMEN BY THESE PRESENTS
THAT WHEREAS, the City Council of the City of Lake Elsinore. State of California, known as "City,"
has awarded to Alqg$rygqgjngpfig- as Principal hereinafter
designated as "Contractor" and have entered into a Contract Agreement whereby the Contractor
agrees to construct or install and complete certain designated public improvements, which said
Contract Agreement, effective on the date signed by the Mayor, and identrfied as
DIAMOND STADlUM HVAC PROJEGT
PROJECT NO, RDA Z2OOO3
is hereby referred to and made a part hereof; and
WHEREAS, said Contractor under the terms of said Contract Agreement is required to furnish a bond
guaranteeinE the faithful performance of said Contract Agreement;
NOW THEREFORE,we the undersigned Contractor and
, as Surety, are held and firmly bound unto the City of Lake Elsinore, County of Riverside in the penal
sum ofple [1!!plJwo Hundred Thirty Ning-,]-,lr-o-9sa.g.g11flg.oltoodollars ($ t.zlg*000.00..,.-r--), lawful money of the United
States, to be paid to the said City or its certain attorney, its successors and assigns; for which
payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators,
successors and assigns, lointly and severally, firmly by these presents.
- United Fire & Casualty Company
THE CONDITION OF THIS OBLIGATION lS SUCH, that if the above bound Contractor, his or her or
its heirs, executors, adnrinistrators, successors or assigns, shall in all things stand to and abide by,
and well and truly keep and perform the covenants, conditions and provisions in said Contract
Agreement and any alterations thereof made as therein provided, on his or her or their part, to be kept
and pedormed at the time and in the manner therein specified, and in all respects according to their
true intent and meaning, and shall indemnify and save harmless the Clty of Lake Elsinore, its officers,
agents and employees, as therein stipulated then this obligation shall become null and void;
otherwise it shall be and remain in full force and effect. ln 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 fee to be fixed by the court.
The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to
the terms of the Contract Agreement or to the work to be performed thereunder, or the Provisrons
accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive
notice of any such change, extension of time, alteration or addition to the terms of the Contract
Agreement or to the work or the Provisions
(SIGNATURE PAGE FOLLOWS)
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Executed in Duplicate
IN
of
BOND NO._54203244
Premium lncluded in the Performance Bond
SIGNATURE PAGE TO FAIIUfUL PERFORMANCE BOND
WITNESS WHEREOF, we have hereunto set our hands, and seals on this 14th day
December 2A 15
BIDDER
Contractor Name AP Construction Group, lnc.
SURETY
Name United Fire & Casualty Company
Address 15537 Cabrito R-_oad.yeil!,Uyt,lA 9:!4Qi Address 3880 Atllerto-n Bqa!,8e9![LqA!57q.5
Telephone No 818-780-8855 Telephone No 3i9..247.6144.,_..-,..*.
Pri nt N a m e .Rya.n *E, .WAU.Q 9^! _*,,',*","_'"*".._ "
Attorney-in-Fact
sisnature %
?.0 l5
NOTE: This bond must be executed by both parties. Corporate seal may be affixed hereto. All
siqrratu1s!-t-rt!!g! b* rrqrlrr-olglgglqgg!*[g[stqigot&].-.p-t&le lgtlgdt-!-qkrro-W-lgg|gtt1grt!$. 'The
attorney-in-fact for the corporate surety must be registered, as such, in at least one county
in the State of California. (Attach one original Power of Attorney sheet for each bond),
a \-
:I.i',
Print Name \I.*nn b1
Signature
City of Lake Elsinore
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CALIFORO{IA A!.L-PI,'RPOSE ACKNOWLEDGIHENT ctvtL coDE S 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this cerlificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Los Angeles
on ba c t (- >otJ- before me,
Nobuo Hirako Notary Public
Date
personally appeared
Here lnsert Name and Title of the Officer
Name(s) of Signer(s)
)\t E rz ,a N D_) otl*n ( c
who proved to me on the basis of satisfactory evidence to be thr\person(€) whose namffi/are
.ggbyribed to the within instrument and acknorryleidged to me lha(j4/she/they executed the ha-me in
this/her/their authorized capacity(ies), and that b@ip/her/their signature(s)on the instrument the persong),
bf the entity upon behalf of which the person(sFacted, executed the instrument.
I cedify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and officid
Signature
Signature of Notary
Place Notary SealAbove
APTrcI{AI-
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fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:Document Date:
Number of Pages: Signe(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:Signer's Name:
[J Corporate Officer - Title(s):I Corporate Officer - Title(s):
I Partner - I Limited D General
n lndividual I Attorney in FactI Trustee
tr Other:
tr Guardian or Conservator
I Parlner - I Limited n General
I lndividual I Attorney in Fact! Trustee! Other:
Signer ls
D Guardian or Conservaicr
Signer ls Representing:Representing:
A2U4 National Notary Association . www.NationalNotary.org . 1-800-US NOTARY (1-800-876-6827) ltem #5007
NOBUO HIRAKO
Cotr6jl. #m03610 ;
Noiarv Public-Calllomb I
los Anceles couNTY :
CALIFORNIAALL-PURPOSE ACKNOWLEDGMENT civir code S 11se
A notary public or other officer completing this certificate verifies only 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
San Diego
DEC 14 2015
before me, John Richard Flores JR., Notary Public,
Date lnsert Name of Notary exactly as it appears on the official seal
personallyappeared *r"n t.*rrno"*
oror,")osdnu(.,
San
Comm.
who proved to me on the basis of satisfactory evidence to
be the person(fi) whose nameffi is/f/S subscribed to the
within instrument and acknowledged to me thathelttlfllfilflil
executed the sa m e in hisl llflt I lllfllt authori zed capaci$ UHHI,
and that by hislllfltltllffitlsignatureffi on the instrument the
personffir), 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.
Signa
Place Notary Seal Above
OPTIONAL
Thouqh the informafion below is not required bv law. it mav orove valuable to persons relvino on the document- and could prevent fraudulent'removdl and reattaihment of the form to anothei ddcument.
Description of Attached Document
Title or Type of Document:
Document Date:Number of Pages:
Signe(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
E lndividual
Signer's Name:
E lndividual
I Corporate Officer
-Title(s):! Corporate Officer
-Tltle(s):E Partner E Limited E General
M Attorney in Fact
! Trustee
! Guardian or Conservator
I Other:
Top of thumb here
E Partner E timiteO E General
fI Attorney in Fact
fl Trustee
! Guardian or Conservator
! Other:
Top of thumb here
Signer is Representing:
Suretv Comoanv
JOHId RICHARD FTORES JR.
coMM. #2036A97
Signer is Representing:
RIGHTTHUMBPRINT
OF SIGNER
KNOW ALL PERSONS BY THESE PRESENTS; TtBt UI{ITED ftng A CASUALTY COMPANY, a corporarion:duly orsanized and existing under
$e lqws of {ystate of Iowa; LTNITED FIRE & TNDEMNITY C0MPANY, a colporat,ion duly organized ana exisringluniii tr.r. UJs oi,r,. Srui" ot
Texas; and FINANCIAL PACIFIC TINSURANCE COMPANY, a:corpgration duly organized and exis{ing under the laws of the Srate of California
t'f{fi'ftf,t8E 'f':'','."*l'f$6h:tar':'in'Jsrux[ultiHH:"yf:"oifi'trxrr'fu.'-gr[rxv^'Fi:?l,"lm,sm:;lti '"'"-"-i'Jii;'.1pfi*i'.
e,'ffi
tireir true and lawful Attorney(s)-in-Fact with powcr and authoriry hereby conferred to sign, scal and exrcutc in its behallall lawful [ronds, undcrrakines
and other obligatory instruments of similar nafirre provided that no single obligition shall exceed SgO , ooo , OOO . OO
and to bind the Companies thereby as fully and to the same extent as if such instruments were signed by the duly authorized offlrcers of the Companies
and all ofthe acts ofsaid Attorney, pursuant'to the authoriry hercby given and hercby ratificd andionfirmed
The Authoriry hereby granted is continuous and shall remain in full force and effect until revoked by LINITTD FIRE & CASUALTy COMPANY,
This Power of Attomey is made and executed pursumt to and by authority of thc following bylaw duly a<lopred on May 15, 2013, by the Boards of
DiTCctOTs of IINITED FIRE & CASLIALTY COMPANY, UNITED ITIRE & INDI]MNITY COMPANY, and FINANCIAL PACIFIC INSURANCE
COMPANY "Arricle VI - Sureg Bontls anrt Undertakings,, , : ,
time, aPpoint by written certificates attorneys-in-fact to act in behalf of the Companiei in the execution of poliiies of insurance, bonds,
undertakurgs and other obtigatory inslntments ol like natLrre. The signature of any offrcer authorized hereby, and the Corpgrate ieal, may be
afftxed by facsimile to any power of attorney or special power of attorney or certification of either authorized hereby; such signature and sea[,
when so used, being adopted by the Cornpanies as the original signature of such officer and the original seal of the Companies, tor be valid and
binding upon the Cornpanies with the same force and effect as though manr.rally affixed. Such attorneys-in-fact, subject to the limitations set
forth in their respective certiftcates of authority shall have futl power to bind the Companies by their signature and execution of any such
instruments and to attach the seal of the Companies thereto. The President or any Vice President, the Board of Directors or any other officer of
,, the Companies may at any tin.re revoke all power and authority previously given to any attorney-in-fact.
IN WITNESS WHERIOF, the COMPANIES have each caused these presents to be signed by ils..,",'l'llj1j,jf,,. 1N WI I NLSS WHtl{LOl, the COMPANIES have each caused these presents to be signed by i
-.-...;i"tii;a;f,iq?",
vice president and its corporate seal to be hereto affrxed this 27th day of August , 2O14
-==-s-i
S",,rrr.. gi8? LTNITED FIRE & CASUALTY coMpANy
yry,ryp IIRE * gAquAlrv coMpANy, CEDAR R4iprDs,rA
UM:T:ED FIRE & INDT,MNITV COIWANY,WENSINR, rX
:}II\[AN CI4! !4SJTIq Try SURANCE COTryANY, RO CKLIN, CA. : :.. CERTIFIED COPY OF POWER OF ATTORNEY'."'
(original on file at Home Office of Company - See Ce(ification)
Inquiries: Sureh' Dcpartment
Cedar Rapids, IA 52401
-rWnrtthfu@.'n'*'0 - NoraryPublic
My commission expires: 1012612016
Secretary, UF&C r:
Assistant Secretary, UF&VFPIC
LNITED FIRE & INDEMNITY COMPANY
FINANCIAL PACIFIC INSURANCE COMPANY
BY 9***a7- ArJ^*--:"presidenr
!tot{g{,lowA Counr,yof Lirur, ss:
FIRE & CASUALTY COMPANY, a Vice President oIUNITED FIRE & INDEMNITY COMPANY, and a Vice President of FINANCIAL PACIFIC
INSUMNCE COMPANY the corporatioqs described in and whlgh executed the above instrument; thal,he knows the seal of said corporations; that the
seal affixed to the said irstrument il such cbrporite seal; that it was so afixed pursuant to authonry given by the Board of Directors of said corporations
-c+r - I Mary A. Bertsch
,S},..} I loiara'Nlotarial Srlbt'#L^' 1,, 3:.1*::i:l Hil:."j IJ,,iI),,.
I, David A. I ange, Sccretary olLINl'fED FIRE & CASUALTY COMPANY and Assistant Secretary oluNITED FIRII & INDIIMNITY COMPANY,
of Attomey and affidavit, and the copy of the Section olthe hylaws and resolulions of said Corporations as sel lorth in said Power of Attorney, with the
0RIGTNALS oN FILII IN tHE IIOME oFFICE OF SAID CORPOIIA'|IONS, and that the sum. u." corrccr rranscriprs thereof, and of rhe whole of rhe
said originals,'arrd that the said Fower of Atlorney has not beeu revoked and is now ur full force and effect.
' In:testimony whereof I have hereunto subscril:ed,rny name and aff,ixed the cor-porate,$Eal:of the said Corporations
this _ aay of [;i"J:l_4_-/jfij.-,20-.
$*i%
Zi" t,,*S'it
?r,rr,,,u,,,n,,S
ffi Bv /^1r.fu
BPOA0049 0115
Executed in Duplicate
BOND NO, 54203244
PREM I U M $]ldrd.q'!l !!1.ierformance Bond
LABOR AND MATERIALS BOND
(100% of Total Contract Amount)
KNOWALL MEN AND WOMEN BY THESE PRESENTS
THAT WHEREAS, the City Council of the City of Lake Elsinore, State of California, known as
''City", has awarded to _A?.Qqnqtr iq!"c as Principal hereinafter designated as
"Contractor" and have entered into a Contract Agreement whereby the Contractor agrees to
construct or install and conrplete certain designated public improvements, which said Contract
Agreement, effective on the date signed by the Mayor, and identified as
DIAMOND STADIUM HVAC PROJECT
PROJECT NO. RDA Z2OOO3
is hereby referred to and made a part hereof; and
WHEREA.S, said Contractor under the terms of said Agreement is required to furnish a bond to
secure the payment of claims of laborers, mechanics, rnaterial men, and other persons, as
provided by law;
NoW,THEREFoRE,wetheundersignedContractorandUnitedFire*&Qq!ual9Coryualy-
as Surety are held and firmly bound unto the City of Lake Elsinore, County of Riverside, in the
penal sum of O"_n"e- M.illion--IW_gj1$dreq Thirty Nine T@gqqd and 0g/10".9.-dollars ($ ,j,"2-39-QQQ.0Q,;,,,t ),
Iawful money of the United States, for which payment, well and truly to be made, we bind
ourselves, our heirs executors and administrators, successors and assigns, jointly and
severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION lS SUCH, that if said Contractor, his or her or its
heirs, executors, administrator, successors or assigns, or subcontractors, shall fail to pay any
of the persons described in the Caiifornia Civil Code Section 3181, or amounts due under the
Unemployment lnsurance Code with respect to work or labor performed by any such claimant,
or 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 or her subcontractors, pursuant to
Section 13020, of the Unemployment lnsurance Code, with respect to such work and labor,
that the Surety or Sureties herein will pay for the same in an arnount not exceeding the sum
specified in this bond, otherwise the above obligation shall be void. ln the event suit is brought
upon this bond by the City or other person entitled to bring such an action and judgment is
recovered, the $urety shall pay all costs incurred by the City in such suit, including a
reasonable attorney fee to be fixed by the court,
This bond shall inure to the benefit of any of the persons described in California Civil Code
Section 3181, to give a right of action to such persons ortheir assigns in any suit brought upon
this bond
(STGNATURE PAGE FOLLOWS)
D-1'1
BOND NO" 54203244
SIGNATURE PAGE TO LABOH AND MATERIALS BOND
lN WITNESS WHEREOF, we have hereunto set our hands, and seals on this
of _...._p-qcembel ._ 2015_.
14th day
BIDDER
Contractor Name AP Construction Group, lnc.
Address 'rcEL aahl1qBsad,yan xuys, CA 91406_"*
Telephone No , 818-780-8855
Signature
^Ldayor
SURETY
Name United Fire _&-C*asu_q!! Qgrnp4y_
Address 3880 Athgrto-n Road. Rocklin. CA 95765
TelephoneNo 3192:41-6U!
Print Name Rvan E. Wamock
Signature
Attorney-in-Fact
Approved as to Form this
20J5
City of Lake Elsinore
NOTE: This bond must be executed by both parties. Corporate seal may be affixed hereto.
All- "sion.atures must be agkno-wle-dqed. before a notary public (attach
acknowlgflg.m.gnt-sl The attorney-in-fact for the corporate surety must be registered,
as such, in at least one county in the State of California. (Attach one original Power
of Attorney sheet for each bond).
D-12
Print Name
CALIFORI{IA A!.L-PURPOSE ACKNOWLEDGNf, ENT crvrL coDE s 118e
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
)
Nobuo Hirako Notary Public
County of Los Angeles
On ir.n a' , . .,rr^*toreme,
Date nere tn-7rt Name and Title of the Officer
personally appeared
XE tr,a Name(s) of Signe(s)
who proved to me on the basis of satisfactory evidence to be thgperson(s| whose namegf$/are
gA$ribed to the within instrument and acknory:ledged to me that@e/she/they executed the s-ame in
(his/Mr/their authorized capacity(ies), and that b(his/heritheir signature(s) on the instrument the person(s),-or-fhe entity upon behalf of which the person(s) aEed, executed the instrument.
I cedify 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
Signature
Place Notary Seal Above
OPTIONAL
Though fhrs secflon is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:Document Date:
Number of Pages: Signe(s)Other Than Named Above:
Capacity(ies) C
Signer's Name:
laimed by Signer(s)
Signer's Name:
E Corporate Officer - Title(s):f Corporate Officer - Title(s):
U Padner - I Limited I General
tr lndividual I Attorney in Fact
I Partner - I Limited I General
I lndividual tr Attorney in FactI Trustee D Guardian or Conservator I Guardian or Conservatorf Other:
Signer ls Representing:Representing:
A2U4 National Notary Association .www.NationalNotary.org . 1-800-US NOTABY (1-800-876-6827) ttem *Sg0Z
! Trustee
tr Other:
Signer ls
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT civir code S 1 18e
A notary public or other officer completing this certificate verifies only 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 t]EC I42ol5 before me, John Richard Flores JR., Notary Public,
Date lns€rt Name of Notary exacdy as it appears on the official seal
personallyappeared *r"n =.*"rno"* Or,,ri.iOsnrr(,)
who proved to me on the basis of satisfactory evidence to
be the person(fi/ whose name(S) is/flS subscribed to the
within instrument and acknowledged to me thathelffllfllfillilil
executed the same in hislllflllttlillt authorized capacity(SS),
and that by hisfiHtllllffillsignature(fi) on the instrument the
personffi, or the entity upon behalf of which the personffi
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.
Place Notary Seal Above
Though the information below is not require d bv law, it mav prove valuable fo persons relvino on the document- and could prevent fraudulent'removdl and reattaihment of the form to anothei ddcument.
Description of Attached Document
Title or Type of Document:
Document Date:Number of Pages:
Signe(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
! lndividual
Signer's Name:
! Corporate Officer -Title(s):
E lndividual
! Corporate Officer
-Title(s):n Partner n Limlteo E General
M Attorney in Fact
! Trustee
! Guardian or Conservator
! Other:
Top of thumb here
E Partner E timiteo fl General
E Attorney in Fact
! Trustee
! Guardian or Conservator
! Other:
Top of thumb here
Signer is Representing:
Suretv Company
IHN RTCI|ARD FToRES JR. I
COMM. #2036097 z
Notary Public - California t
Signer is Representing:
RIGHTTHUMBPRINT
OF SIGNER
UNITED FIRE & CASUALTY COMPANY, CEDAR RAPIDS, IA
UNITED FIRE & INDIMNITY COIT,PAN:Y,WEbSTER, TX
FINANCTAL pAtmlc INSUMNCE eo.1menv, RocKLrN; cA
CERTIFTf,D COPY OF POWER OFATTTORNEY
(original on file at Home Office of Company - See Certification)
KNOW ALL PERSONS BY THESE PRIISENTS. That LrNI'IED flRE & CASUALTY COMPANY, a corporation duly organized and existing under
the laws of tlre Srate of Iowa; LrNll'tD IrIRI & INDEMNI'l Y COMPANY, a corporation duly orgairized and cxisting und-er the laws of the State of
Texas; and FINANCIAI- PACIFIC INSURANCE COMPANY, a corporalion duly organizcd and existing under rhclaws of the Srate of,California
(herein collectively called the Cornparries). and lravine their coruoratc headornrlers in Ccdar Rauids. State o] Iowa. docs make- constilute and aonoinr
LAWRENCE F. -MCMAHON, OR,JAMES BALDASSARE, JR., OR ShRAH MYERS, Od RYAN E. WARNOCK, ALL INDIVIDUALLV
of SAN DIEGO CA
Inquilies: Surety Deparrment
I 18 Second Ave SE
Cedar Rapids, IA 52401
Secretary, IIF&C
Assistant Secrelary, UF&I,/IPIC
their tnre and lawful Attomcy(s.1-in-Fact with powcr anil authority hereby confcrrcd to sign, seal and cxecute in its behall ail lawful bonds, undertakings
and other obligatory instniments of similar nahrrc provided that no singlc obligation shal[ exceed $30, OOO, OOO. OO
and to bind the Companies thereby as fully and to the same extent as if such irstrumelts were signed by the duly authorized offlrcers of tl.re Companies
Tlie Aurlioriry hereby granted is continuou! and Shail remain in flrlt force and effect until,revoked try LNITED FIRE & CASUALTY COMPANY,
LTNITED FIRE & TNOTITNNY COMPANY, AND FINANCIAI, PACIFIC INSURANCE COMPANY
This Power of Attomey, is made and executed pursuaflt to and by althority of the following bylaw duly adopted on May I5, 2013, lry the Boards of
Directors of I-TNITED FIRE & CASLIALTY COMPANY, UNITED FIRE & INDEMNITY COMPANY, and FINANCIAL PACIilC INSURANCE
COMPANY 'Article VI - Surett' Bonds and Untlemakings " , ,
:undertakingb and other obligatory instruments of like nature. 1he signafrre of any offcer authorized hereby, and the Corporate seal, may be
afflxed by f,acsimile to any power of attorney or special power of attorney or certification of either authorized hereby; snch sigRature and seal,
wherr qo used, being adopted by the Companies as the original signature of such officer and the original seal of the Companies, to be valid and
binding upon the Companies with the same force and effect as though manually affixed. Such attorneys-in-fact, sub.ject to the limitations set
forth in their respective certificates of authority shall have flrll power to bind the Companies by their signature and execution of any such
instruments,and to attach the seal of the Companies thereto. The President or any Vice President, the Board of Directors or any other offtcer of
the Companies may at any tirne revoke all power and authority previously given to any attorney-in-fact.
i-*ffi?[#s 1,,:1ffi
-c+!. I Mary A. Bertsch ' .6!"4'C I towailotariat sealr#L. 5
1,,3:Xn::';lllt[T1;,%]i.,.
IN WITNESS WIIERIOF, the COMPANIES have each caused these presents to be signed by its.ou"l,1,lll,il,z. I l\ W t I l\L)J W tlLt(LUI, Ine UUIVII'AI\ILS nave eaCn CaUSeO Inese presents to De stgneo oy I
-",-i\,)iiiii*r3;;", vice president and its corporate seal to be hereto affrxed this 27t h day of August , 2o14
=.',=;-'"*,'<'sr,Q? -LhrlM $! * 9{s_u{LlY"col4ll\Y
State-of:Xowa, Counry:of Linn, ss
0n 27th day of :August, 2014, before me persona'l 'l y came Dennis J. Richmann
to me known, who being by me duly sworn, did depose and say; that he resides in Cedar Rapids, Stale of Iowa; that he is a Vice I'resident of TINITED
FIRE & CASUALTY COMPANY, a Vice Prcsidcnt ol LINII ED IIRE & INDEMNITY COMI'}ANY, and a Vice Presitlent ol I'INANCIAL PACIFIC
INSI-IRANCE COMP.ANY the co4rorations described in and which executed the above instrument; that h9 k1ow1 the.seal of said corporations; that the
and that he signed his name therEto pursuatrt lo like auth:oriry, and acknowledges samc to bc the act and deed ol said corporations
LTNITED FIRI & II{DEMNITY COMPANY
FINANCIAL PACIIIIC INSURANCE COMPANY
BY: **"-"-y QJ*----r,rcsidcnrl/
tfnfuU- hfurffi{}\,
Norary pubric
My commisSion expires: 1012612016
I, David A. Lange, Seqretary of UNIIED FIRE & CASUALTY COMPANY and Assistant Secretatl of LfNITtrD FIRE & INI)EMNITY CQMPANY,
arrd Assisrant Secretary of FINANCIAI- PACIFIC fNSIRAICE COMPANY, do hereby ce_rtiiy that I ltave compared the.foregoing^copy of the Power
of Attonrey and affidavii, and the copy of the Section of thebylaws and'resolutions of said Corporations as set foith in said Power o{A,ttorney, with^the
' ln rurt|^ony *hcr.oi I have lureunto su'.-,scribed my name and affrxed the corporate scal o-l the said Coqroralions
this
$*ffi?
4h#s
BPoA00,l9 0115
Bv: ^)r'ln'6r,'/$,t:*Kt=
=-41 ls86 jir-
7.?r,,"srS"ii"
"?,,,,;:;:,,*.-g'
20-
CONSTRUCTION OR SERVICE CONTRACT
Unless waived or modified by the City Engineer, the following endorsement shall be attached to
and made a part of all policies insuring the liability of any person, form or corporation
performing services under contract for the City of Lake Elsinore.
Notwithstanding any inconsistent expression in the policy to which this endorsement is
attached, or in any other endorsement now or hereafter attached thereto, or made a part
thereof, the protection afforded by said policy shall:
1. lnclude the City of Lake Elsinore as an additional insured. (To include the elected
officials, appointed officials, and employees.)
2. lndemnify and save harmless the City of Lake Elsinore against any and all claims
resulting from the undertaking specified in the contract known as:
D]AMOND STADIUM HVAC PROJECT
PROJECT NO. RDA Z2OOO3
This hold harmless assumption on the part of the underwriters shall include all costs of
investigation and defense, including claims based on damage to substructures not
shown, not located on the plans, or shown incorrectly.
3. Not be cancelled except by notice to the City Attorney of the City of Lake Elsinore at
least thirty (30) days prror to the date of cancellation.
4" Provide single limit for Bodily lnjury Liability and Property Damage Liability combined,
$1,000,000 each Occurrence, and $2,000,000 Aggregate.
5. Limited classifications, restricting endorsements, exclusions or other special provisions
contained in the policy shall not act to limit the benefits of coverage as they shall apply
to the City of Lake Elsinore as enumerated in this endorsement However, nothing
herein contained shall affect any rights of the insurer against the insured.
6. lt is further expressly agreed by and between the parties hereto that the following two
provisions, (a) and (b), are a pafi of this contract:
(a) That the Contractor specifically agrees to comply with applicable provisions of
Section 1777.5 of the Labor Code relating to the employment by contractor or
subcontractor under it, of journeyman or apprentices, or workmen, in any
apprenticeable craft or trade
(b) 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
contract.
D-13
The limits of liability as stated in this endorsement apply to the insurance afforded by this
endorsement notwiihstanding that the policy rnay have lower limits of liability applying
elsewhere in the policy.
NEMAN DJOUZAIE
Duly Authorized Agent
Attached to and forming part of
Policy No
of the
PLEASE SEE ATTACHED COI
Date.
Expiration Date
D-14
Ao'ACOR CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY}
L2/LL/2OL5
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORIUATION 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 CONSTTTUTE A CONTRACT BETWEEN THE ISSUING TNSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
lMPoRTANT:lfthecertificateholderisanADDlT1oNALlNsURED,thepolicy(ies)mustbeendolsedj@
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
Direct-Link Insurance Services, LLC 0C69145
Cuubre Insurance Services
3333 Concouls Suite 5100
Ontario CA 9t764
ixf,lil'' Lisa Rider
lI8\."..,*,, (9091 4a4-24s6 lil u.,, (eoe) 484-24e1
iffit.., J.isa. riderGcumbreinc. com
INSURER(S} AFFORDING COVERAGE NAIC #
INSURERA:State Compensation Ins. Fund 3507 6
INSURED
AP Construction Group Inc, DBA: Air p].us Corp
1553? Cabrito Road
Van Nuys CA 91405
INSURER B :
INSURER C :
INSURER D :
INSIJRER E :
INSURER F :
COVERAGES TE NUMBER:15/16- Master 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, NOTWTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WTH RESPECT TO WIICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSUMNCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHO\AN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
COMMERCIAL GENERAL LIABILITY
.LATMS-MA'E f--l o""r.
GEN'L AGGREGATE LI[IIT APPLIES PER:
Fl oeneoucvl jil-1 L lLoc
PERSONAL & AOV INJURY
AUTOMOBILE LIABIUTY
ANY AUTO
ALLowNED f l SCHEDULEDAUTOS AUTOS
HTREDAUToS I I iuib"s
BODILY INJURY (Per person)
BODILY INJURY (Per accident)
AND EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)90314 7 9-201 5
DESCRIPTION OF OPERATIONS , LOCATIONS / VEHICLES (ACORD I 01, Addltlonal Remarks Schedule, may be attached if more space is required)Project Refrence: Dianond Stadium IIVAC
Project No. RDA 220003
ACORD 25(2O14tO1l
!NS025 lzoraorl
@ 1988-2014 ACORD CORPORATTON.
The ACORD name and logo are registered marks of ACORD
City of Lake Elsinore
130 South Main Street
Lake Elsinore, CA 92530
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CAI{CELLEO BEFORE
THE EXPIRATION DATE THEREOF, NONCE wlLL BE DELIVERED IN
ACCORDANCE wlTH THE POLICY PROVISIONS.
All rights reserved.
----A!RPL.1 OP lD: GGACORD"\-"CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDTYYYY)
12t11t2015
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRII/iATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTTTUTE A CONTRACT BETWEEN THE |SSU|NG TNSURER(S), AUTHORTZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: lf the certificate holder is an ADDITIONAL INSUREO, the policy(ies) must be endorsed. lf SUBROGATION !S 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
cortificate holder in lieu of such endorsement(s).
PRODUCER
Robitaille Risk Mqmt & lns Svc
Robert E. Robitaille, ARM
222 N. Mountain Ave #203
Upland, CA 91786
Robert E Robitaille
FRilIl"t Robert E Robitaille, ARM
lJ8.Nfi". ro,. soo-387-1030 liil *", 951 -346-3497
iiffit.r, rob@roboins.com
INSURER(S} AFFORDING COVERAGE NAIC #
tNsuRER A 'Wesco lnsurance Companv 25011
rNsuRED A P Construction Group, lnc
dba Air Plus Corp
15537 Cabrito Road
Van Nuys, CA 91406
tNsuRER B ,west American lnsurance co 44393
tNsuRER c, Topa lnsurance 18031
INSURER D :
INSURER E :
INSURER F
COVERAGES CERTIFICATE
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTMCT OR OTHER DOCUMENT WTH RESPECT TO W{ICH 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 SHO\^N MAY HAVE BEEN REDUCED BY PAID CLAIMS.
COMMERCIAL GENERAL LIABILITY
.LA,Ms-MADE [Xl o..u*
GEN'L AGGREGATE LIMIT APPLIES PER:
'o,"' [X]!F"oi I l.o"
ALLovln{ED T'-JSCHEDULEDAUTOS I AUTOSr_l NoN-owNEDHTREDAUToS I l;\uibs
BODILY INJURY (Per person)
BODILY INJURY (Per accident)
OESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORo I 01, Additlonal Remarks Schedule, may be attached if morc space is required)
cancellation provision reverts to 10 days notice in the event of non-
rt of premiuni. RE: Diamond Stadium l-fuAC Proiect Proi No RDA Z20OO3y of Lake Elsinore, its elected officials, appointdd officia'ls. and
ees are included as Additional Insured. ihbludino Waiver 6f
ation for General Liability per CG2010 04/13 and'CG2404OSlOg attached
City of Lake Elsinore
130 South Main Street
Lake Elsinore, CA 92530
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
>(tt*f t. &H/L
@ 1988-2014 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORDACORD 25 (2014t011
lwPA't03243902
I
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iBAi,yS$6
ADptTtoNAL TNSUHED - OWNEHS, LESSEES OR
, coNrRACrsHs - scHEDULEilhEREdiiTit : I
.. . OHGANIZATION
tnis,srro,olggmght:modilies tnsUrance pi.orided;under he foilowing:
COITIMEROiAU GENERAL I.IABILITY OOVEMGE PANT
SCHEDULE.
lnlormatiorl required l0 complele lhis Schedule, if llotshown attove, vvill De shown in lhe Declarations.
pzucYLtilutvr'gpHi wPA103243e
THI$ ENDORSEMENT CFIA,NGES THE POLICY,
1, Your acts or onrlesions; or
2, Tlleracts or,o61*tanr of tnoss acting 0n your
,.beh'illi
,in ttle pedtirnrance of your ongoing gpelalions ior
lhq additiondl insure{(S) al lhs location(s)
dejSi.qnated,above,
H011,evel:
1, : The insurancq atlorcJeC lo such adclitibnal
lnsured ohly applies to lrre extent permitted by
law;and
2, lf coyetage provided to the addilional insured is
re(Ulred :by a conlract or agreement, lhe
insurance'alforded io such addi[onal lnsured
will no[::6* OrohOer::lhan.that r,/hich you are
requlied 'b!, tho conttacl or agreemdnt to
piovide fol such additional insured.
COMMEHCIAL GENEHAL-LIAtsILITY
cc 20 .t0 04 13
PLEASE BEAD IT CAREFUTLY.
E, With re$pect to the insurance alforded la,tnese
addillonaI i0sureds, the follolving additional
exqluslon6 apply: ,
This insurance does not apply to "bodiiy injury" or
1. All raork; includln6i materials, parts or
equipmenf furnished in,conosclion with such
work, on tho project (olher thsn servlce,
maintenance or fepaire) to be perlormed by or
qn beliall,,.of :the,additlonql insured(s) at the
lo'cailcjh of the c6lered operations haq been
corinpleted: or
2, That,pqrtion qf lyour work" out ot which tho
:lnjvry .of .darnage 'arises has h,een,pul [o itq
irrtonded'use qt ariy person or orfuanizalion,
other than another conti'actor or subponlfactor
Ongaged in perforrning, operatibfis lor a
principalias a parl ollhe same proli,ecl.
@ lnsurance Services Otlice, lnc.,2Qi2GG 20 1U 04 19
il{strf,r0
Page 1 o-f 2
lS An lnsured is amended to
ano
'O lnsurAnce Services Oflice,.lnc., 20l2
'l[suPFn,
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POLICYNUMBEB: wPA1o3243s
GG 24 04 05 09 O lnsurance Services Office, lnc., 2008
.Il{sr it F[
C0lvlMEE0tAL 0ENEHAL t lABlilIy
CG,t4 04b5 0g
WAIVER OF TEANSFEH OF HIGHTS OF HECOVERY
AGAINST OTHERS rO Ud
. TLV* - -:'
Thisendprsentenlmo{iliesinsuraticeprovided:underlhefolhwing:
The lollowlng Is added to paragraph'8. Traniier,'Of
Rlghtii Of Eecovery Agalnst: 0thers To Us of'
Sectionr lV - Conditions:
SCHESULE
Pageloll E
woRKERS: COw!FENsATrON I NSU RANC.E C ERrI FICATION
Pursuant to Section 1861 of the California Labor Code, each contractor to whom a public
works contract has been awarded shall sign the following certificate and shall submit same to
the City prror to performing any work on the contract:
"l 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 work of this contract."
AP CONSTRUCTION GROUP INC DBA AIR PLUS
Contractor
PRESIDENT
Title
Date
Section 3700 of the California Labor Code reads as follows:
"Every employer except the State shall secure the payment of compensation in one or
more of the following ways:
(a) By being insured against liability to pay compensation in one or more
insurers duly authorized to write compensation insurance in this state.
(b) By securing from the Director of lndustrial Relations a certificate of
consent to self-rnsure, which may be given upon furnishing proof satisfactory to
the Director of lndustrial Relations of ability to self-insure and to pay any
compensation that may become due to his employee."
D-15