HomeMy WebLinkAbout0003_3_SCW Change Order 2 - Exhibit B Org AgreementCITY OF
LAq@
March 11,2016
SCW Contracting Corp.
Attn: Steve Scrape
2525 North Old Highway 395
Fallbrook, CA92028
RE: PUBLIC WORKS CONSTRUCTION AGREEMENT
Dear Mr. Scrape:
Enclosed for your files, please find your executed copy of the Public Works
Construction Agreement for Rosetta Canyon Sports Park Phase ll, CIP Project
No. 240004, Steel Fabrication.
Please do not hesitate to give this office a call, should you have any questions.
Sincerely,
@t1,Aou
Susan M. Domen, MMC
City Clerk
Enclosure
cc: Public Works Department
Administrative Services Department
95t.674.3t24
130 S. MAIN STREET
LAKE ELSINoRE. CA 92530
WWW.LAKE- E LSI NORE.ORG
LSINO
Agreement No._
AGREEMENT FOR PUBLIC WORKS GONSTRUCTION
(scw coNTPAcTtNG coRP)
ROSETTA CANYON SPORTS PARK PHASE.II PROJECT
crP PRoJEcr no. zdool
BID SET "Bl" (Steel Fabrication)
This Agreement for Public Works Construction ("Agreement") is made and entered into as of
February 23, 2016, by and between the City of Lake Elsinore, a municipal corporation ('City) SCW
Contracting Corp) ("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:
ROSETTA CANYON SPORTS PARK PHASE-II PROJECT CIP PROJECT NO. Z4OOO4
Structural Steel Columns
Hand Rails (Stairs)
Elevator Pit Latter
Stair Stringers
Structural Steel Columns
Hand Rails (Stairs)
Elevator Pit Latter
Stair Stringers
Anchor Bolt Templates
Guardrail Panel 2"d Floor
Shop Drawings
Anchor Bolt Templates
Guardrail Panel 2nd Floor
:; ShoP Drawings
The City-approved plans forthe construction of the Project, whieh are incorporated herein by
reference and prepared by STK Architecture lnc., are identified as:
Rosetta Canyon Sports Park Phases - ll Proiect
Bid Set'81' (Steel Fabrication)
The Project Documents include this Agreement and all of the following: (1) the Notice lnviting
Bids, lnstructions to Bidders, Bid Documents including Bidder's Proposal as submitted by the
Contractor, Contract Documents, General Specifications, Special Provisions, and all attachments and
appendices; (2) everything referenced in such documents, such as specilications, details, standard
plans or drawings and appendices, including all applicable State and Federal requirements; (3) all
required bonds, insurance ce(ificates, permits, notices, and afiidavits; and (4) any and all addenda or
supplemental agreements 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 fully set forth herein.
2. Comoensation.
a. For and in consideration of the payments and agreements to be made and
performed by City, Contractor agrees to construct the Prolect, including furnishing all materials and
performing all work required for the Prolect, and to fulfill all other obligations as set forth in the Bidder's
Proposal, such contract price being one hundred forty thousand dollars and no cents ($140,000.00).
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b. City hereby promises and agrees to employ, and does hereby employ,
Contractor to provide the materials, do the work, and fulfill the obligations according to the lerms and
conditions herein contained and referred to, for the prices set forth, and hereby contracts to pay the
same at the time, in the manner, and upon the conditions set forth in the Pro.iect Documenls.
c. Contractor agrees to receive 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
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
specified 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
disconiinuance of the work, and all other unknowns or risks of any description connected y/ittrthe
work.
Completion of Work.
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b. All work shall be performed and completed in a good workmanlike manner in
strict 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 Public 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
complying 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 ccmplying 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 difticult to ascerlain and determine the actual amount of damages the City
will sustain in 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 ($@!) per calendar day, and that the
Contractor will pay to the City, or City may retain from amoqnts otheMise 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. Chanqes 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 against the Contractor.
Any change to the work shall be by way of a written instrument ("change ordei') signed by the
City and the Contractor, stating their agreement to the following:
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a. The scope ofthe 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 City Manager is authorized to sign any change order provided that sufficient contingency
funds are available in the City's approved budget for the Prqject. All change in the work 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%) ofthe contract price in the
form that complies with the Project Documents and is satisfactory to the City Attorney.
6. Non-Assionabilitv. Neither this Agreement nor any rights, title, interest, duties or
obligations under this Agreement may be assigned, transferred, conveyed or othenarise disposed of by
Contractor without the prior written consent of City.
7. Licenses. Contractor represents and warrants to City that it holds the contractor's
license or licenses sel forth in the Project Documents, is registered with the Department of lndustrial
Relations pursuant to Labor Code Section 1725.5 as of March 1 , 2015, 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,
insurance and approvals which are legally required of Contractor to practice its profession. Contractor
shall maintain a City of Lake Elsinore business license.
8. lndemnitv. Contractor shall indemnify, defend, and hold harmless the City and its
officials, officers, employees, agents, and volunteers from. and against any and all losses, Iiability,
claims, suits, 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
liable, 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 agents have contributed in no part to the
injury, loss of life, damage to property, or violation of law. lt is understood that the duty of Contractor
to indemnii/ and hold harmless includes the duty to defend as set forth in Section 2778 of the
California Civil Code. Acceptance by City of insurance certificates 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. Insurance Requirements.
a. lnsurance. Contractor, at Contracto/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 Coveraoe. Contractor shall maintain Workers'
Compensation lnsurance and Employer's Liability Insurance for his/her employees in
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accordance with the laws of the State of California. ln addition, Contractor shall require each
subcontractor to similarly maintain Workers' Compensation lnsurance and Employels 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 is exempt from Worker's Compensation lnsurance and Employer's Liability
lnsurance for his/her employees in accordance with the laws of the State of California,
Contractor shall submit to the City a Certificate of Exemption from Workers Compensation
lnsurance in a form approved by the City Attorney.
ii. General Liability Coveraqe. 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 occunence 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 Liabilltv Coveraoe. 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 million
dollars ($1,000,000) combined 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 1 ("any auto"). No endorsement may be attached limiting the coverage.
iv. Professional LiabiliW Coveraoe Iif apolicablel. Contraclor 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 its employees, subcontractors, or sub consultants. The amount of this
insurance shall not be less than one million dollars (91 ,000,000) on a claims-made annual
aggregate basis, or a combined single limit per occugence 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 speciflc 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.
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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,
agenls or volunteers.
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 Clty.
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. Certificates of
such insurance shall be filed with the City on or before commencement of performance of this
Agreement. Current certification 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 under this 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 forth below. Notice shall be deemed communicated within 48 hours
from the time of mailing if mailed as provided in this section.
If to City: City of Lake Elsinore With a copyto: City of Lake Elsinore
Attn: City Manager Attn: City Clerk
130 South Main Street 130 South Main Street
Lake Elsinore, CA 92530 Lake Elsinore, CA 92530
lf to Contractor: SCW Contracting Corp
Attn: Steve Scrape
2525 N. Otd HWY 395
Fallbrook CA 92028
11 . Entire Aoreement. 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.
1 3. Assiqnment and Subcontractinq. 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
Contraclor 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 lhe payment of any monies due
to any such subcontractor other than as olherwise is required by law.
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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. Severabilitv. 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. Controllinq Law Venue. 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
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 falth 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 parties 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 medialors. Each party shall have the option to
strike two of the flve mediators selected by JAMS and thereafter the mediator remaining shall hear the
dispute. lf the dispute remains unresolved after mediation, either party may commence litigation.
19. Authoritv to Enter Aoreement and Administration. Contractor has all requisite power
and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party
warrants that the individuals 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 otheMise 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 Contractor, 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 emplofee working solely for Contractor, any fee,
commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from
the award or making of thls 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 anticipated material benefit arising therefrom.
21. Equal Opportunitv Emplovment. Conlractor represents that it is an equal opportunity
employer and it shall not discriminate against any subcontraclor, 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 adve(ising, layoff or termination.
22. Prevailino 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 offlce of the City Clerk of the City of Lake Elsinore and are
available for review upon request.
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b. Contractols attention is directed to the provisions of Labor Code Sections 1774,
1775, 1776, 1777 .5 and 1777.6. Conlractor 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 minimum wages
to be paid are those determined by the State Director ofthe Department 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 Contactor pertaining to their location. The statutory penalties for failure to pay prevailing wages
will be enforced. lf the Project has been awarded to Contractor on or after Rprii l, ZOtS, Contractor
and its subcontractors must furnish electronic certifled payroll records to the Labor Commissioner.
Beginning January 1, 2016, 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
certificate of approval. The certificate will also fix the ratio of apprentices to journeymen to be used inthe performance of the Agreement. The Contractor is required to malie coniributions 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 requirements may be obtained from tlie 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 accepl otherwise qualified employees as registered apprentices solely on the
grounds of race, religious creed, color, national origin, ancestry, sex, or age.
e. 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 counterparts, 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 counterpart.
[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.
"CITY"
CITY OF LAKE ELSINORE, a municipal
corporation
President
ATTEST:M
City Clerk
,CONTRACTOR'
EXECUTED IN TRIPLICATE
BOND NO.024061297
PREMTUM $1,el5jq----
PREMIUM IS FOR CONTRACT TERI\,,I
AND IS SUBJECT TO ADJUSTMENT
BASED ON FINAL CONTMCT PRICEFAITHFUL PERFORMANCE BOND
ll00o/o of Total Contract Amount)
KNOWALL MEN AND \A/OMEN BY THESE PRESENTS:
THAT WHEREAS, the City Council of the City of Lake Elsinore, State of California, known as "City,"
has awarded to SCW Contracting CorponRrrorl as Principal hereinafter
designated as "Contractor'' and have entered into a Contract Agreement whereby the Contractor
agrees lo construct or install and complete certain designated piblic improvements, which said
Contract Agreement, effective on the date signed by the Mayor, and identified as
ROSETTA CANYON SPORTS PARK PHASE.II PROJECT
clP PROJECT NO.z+0004
BID SET "B1" {Steel Fabrication}
Structural Steel Columns
Hand Rails (Stairs)
Elevator Pit Latter
Stair Stringers
is hereby referred to and made a part hereof; and
Anchor Bolt Templates
Guardrail Panel 2nd Floor
Shop Drawings
WHEREAS, said Contractor under the terms of said Contract Agreement is required to furnish a bond
guaranteeing the faithful performance of said Contract Agreement;
NOW THEREFORE, we the undersigned Contractor 66d LIQEIrY MUTUAL
, as Surety, are held a1! firmly bgu$ y$9 lhe City of Lake,!ls^i1^o19, Gounty of Riverside ,l.th". P?lr! ffim,lf'
sumoflltJlixlLllgrEqroRrYrHousANDAND00/1oodollars($-1j-Q,9-0-Q,9Q-J,lawfulrnoney-oftheUnited ""'"""'
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 IS SUCH, that if the above bound Contractor, his or her or
its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by,
and well and truly keep and perform the covenants, conditions and provisions in said Contract
Agreement and any alterations thereof made as therein provided, on his or her or their part, to be kept
and performed at the time and in the manner therein specified, and in all respects according to their
true intent and meaning, and shall indemnifo and save harmless the City of Lake Elsinore, its officers,
agents and employees, as therein stipulated, then this.pbligation shall become null and void;
otherwise it shall be and remain in fullforce and effect. ln the event suit is brought upon this bond by
the Cig 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 Provisions
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.
(STGNATURE PAGE FOLLOWS)
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IN
of
BOND NO.0j:40612s7 ..
SIGNATURE PAGE TO FAITHFUL PERFORIUANCE BOND
WITNESS WHEREOF, we have hereunto set our hands, and seals on this 25TH {6y
FEBRUARY 2016
BIDDER:SURETY:
Name: LIBERTY MUTUAL INSUMNCE COM,PANY
ATTN: SURETY CLAIMS DEPARTMENT
Address: 2525 NORrH OLD HIGHWAY 39s Address: 1001 4TH AVENUE, SUITE 1700
FALLBROOK, CA 92028 SEATTLE, WA 98154
fehphone No.:760t728-1308 Telephone No.:800/763-9268
Contractor Name: SCW CONTRACTING CORPOMTION
Print Name:
Signalure:
MARK D. IATAROLA
NOTE: This bond must be executed by both parties. Corporate seal may be afiixed hereto. fl!!
siqnatures mrst be acknowledoed_before a notary public (attach qcknowledoments). The
aftomey-in-fact for the corporate surety must be regisiered, as such, in at least one county
in the State of Catifornia. (Attach one original Power of Attorney sheet for each bond)'
City of Lake Elsinore
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT crvrL 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 certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of Califomia
County of
On
SAN DIEGO
2t2512016
Date
personally appeared
before me,MICHELLE M. BASUIL, NOTARY PUBLIC
Here lnsert Name and Title of the Officer
MARK D. IATAROLA
Name(e) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare
subscribed to the within instrument and acknowledged to me that he/sher4hey executed the same in
hislhe#thek authorized capacity(ies), and that by hivher/their signature(s) on the instrument the person(e),
or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
I -rctr- MICHEILE M. BASUIL I
t &ffi -
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i< 'W vv corvn,ttssroN EXPTRES 7)l ruc.24,2o17 t
Signature
Place Notary Seal Above
OPTIONAL
Though this sectlon 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: Signer(s) Other Than Named Above:
Capacityfies) Claimed by Signer(s)
Signer's Name: MARK D. IATAROLA Signer's Name:
E Corporate Officer - Title(s):D Gorporate Officer - Title(s):
E Partner - ! Limited [] GeneralD Partner - D Limited E General
n lndividual X Attorney in Fact D Attorney in Fact
D Guardian or ConservatorE Trustee D Guardian or Conservator
tr Other:
Signer ls Representing:Signer ls Representing:
n lndividual
I Trustee
! Other:
@2014 National Notary Association . www.NationalNotary.org . 1-800-US NOTARY (1-800-876-6824 ltem #5907
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THIS POWER OF ATTORNEY tS NOT VALTD UNLESS IT IS PRINTED ON RED BACKGROUND.
This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated.
Certiflcate No. 7148e01
American Fire and Casualty Company
The Ohio Casualty lnsurance Company
Liberty Mutual lnsurance Company
West American lnsurance Company
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty lnsurance Company are corporations duly organized under the laws of
and appoint, Helen Malonev; John G. Malonev; Mark D. latarola; Michelle M. Basuil
all of the city of Escondido , state of CA each individually if there be more than one named, its true and lawful attomey-in-facl to make, execute, seal, acknowledge
be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons.
lN WITNESS WHEREoF, this Power ofAftorney has been subscribed by an authonzed officer or official of the Companies and the corporate seals of the Companies have been afiixed
thereto this 21st day of :99!cqe!201 5
American Fire and Casualty Company
The Ohio Casualty lnsurance Company
Liberty Mutual lnsurance Company
STATE OF PENNSYLVANIA
COUNTY OF MONTGOMERY
On this 21st day of october , 2015 , before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and
Casualty Company, Liberty Mutual lnsurance Company, The Ohio Casualty lnsurance Company, and West American lnsurance Company, and that he, as such, being authorized so to do,
execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
lN WITNESS WHEREOF, I have hereunto
Notarial Seal
Teresa Pastella, Notary Public
Plymouth Twp., [rontgomery County
My Commission Expires March 28, 20'17
Member, Pennsylvania Association of Notaries
Teresa Pastella, Notary Public
Company, Liberty Mutual lnsurance Company, and West American lnsurance Company which resolutions are now in full force and effect reading as follows:
the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority.
executed such instruments shall be as binding as if signed by the president and attested by the secretary.
fact as may be necessary to acl on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety
obligations.
Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with
the same force and effect as though manually affixed.
Companies, is in full force and effect and has nol been revoked.
lN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 2 5TH day of
ffiffiffiffi
ffiffiffiffi
FEBRUARY ,20 L6
Gregory W, Davenport, Assistant Secretary
subscribed my_na[e and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written..dt;:\ coMMoNwEALTH oF PENNSYLVAN|A )-- /1
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LL4S 12873'122013
.100 ol 100
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT crvll coDE s 1189
llc
State of California
County of San Diego
On February 25, 2016 beforeme, S.L. @l_enan, Notarv pr:b1ic
Date Here lnsefi Namc anri Titlc af fhp offiear
personally appeared
who proved to me on the basis of satisfactory evidence to be the person{cf whose name$} is/ar+subscribed to the within instrument and acknowledged to me that heisho/thg; executed the same inhis/Htheir authorized capacity(las), and that by his/he#their signature(slon the instrument the person(s),
or the entity upon behalf of which the person(s| acted, executeo the instrument.
I cedify under PENALry OF PERJURY under the taws
of the State of Califomia that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Commirtion # 2090519
llotary Public - Califurni.
San Diego County Signature
Place Notary Seal Above
OPTIONAL
Though this sectrbn 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: Perfonnalce_Ibnd Document p"1", Februarlz 25, 2016
Number of Pages; 2 Signer(s) Other Than Named Above:
Capacity(ies) Claimeql by Signer(s)
Signer's Name: JeffreY -ScraPe
Signer's Name:
Q Corporate Officer - Title(s): president
E Partner - ! Limited fl General
f} lndividual D Attorney in Fact
! Corporate Officer - Title(s):
- l* '1,
Signature of Notary Public
E Trustee
D Other:
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this ceftificate is attached, and not the truthfulness, accuracy, or validity of that documentl
Here lnseri Name and Title of the Officer
Name(s) of Signer@)
S. L. COLEMAN
I Partner - t] Limited n General
D Guardian or Conservator
Signer ls Representing:Signer ls Flepresenting
SCW Crrntr.aCting COrrnralion
@2014 National Notary Association ' www.NationalNotary.org . 1-800-US NOTARY (1-800-876-6827) ltem #5907
D lndividual
D Trustee
X Other:
! Attorney in Fact
E Guardian or Conservator
Structural Steel Columns
Hand Rails (Stairsl
Elevator Pit Latter
Stair Stringers
is hereby refered to and made a part hereof; and
EXECUTED IN TRIPLICATE
BOND NO. 0240612e7
PRE M I uM $jsyl'Jl,i-f B5R $
LABOR ANp TEATERTALS BOND
(100% of Total ContractAmount)
KNOW ALL MEN AND WOMEN BY THESE PRESENTS
THAT WHEREAS, the City Council of the City of Lake Elsinore, Slate of Califomia, known as
"City", has awarded SCW Contracting CorponarroN , 8s
Principal hereinafter designated as "Contractor" and have entered into a Contract Agreement
whereby the Contractor agrees to conslrucl or install and complete certain designated public
improvements, which said Contract Agreement, effectiye on the date signed by the Mayor, and
identified as
ROSETTA CANYON SPORTS PARK PHASE.II PROJECT
ctP PROJECT NO. Z4A004
BID SET "81" (Steel Fabrication)
Anchor Bott Templates
Guardrail Panel 2nd Floor
Shop Drawings
WHEREAS, said Contractor under the terms of said Agreemenl is required to furnish a bond to
secure the payment of claims of laborers, mechanics, material men, and other persons, as
provided by law;
NOW THEREFORE, we the undersigned Contractor 36( lleEErl IVIUTUAL INSURANCE CoMPANY , 6s
Surety are held and firmly bound unto the City of Lake Elsinore, County of Riverside, in the penal
sum of oNE HUNDRED FoRrY rHousAryj) ANp 90/i00 _dollars (g 14_o,ooo.o0 .__), lawful 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 Califomia 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 amount not exceeding the sum specified in
this bond, otherwise the above obligation shallbe void. tn 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 Surety
shall pay all costs incurred by the City in such suit, including a reasonable attomey fee to be fixed
by the court.
This bond shall inure to the beneft of any of the persons described in califomia civil code
Section 3181, to give a right of action to sueh persons or their assigns in any suit brought upon
this bond.
(SIGNATURE PAGE FOLLOWS)
BOND NO.
SIGNATURE PAGE TO LABOR AND MATERIALS BOND
024061297
IN
of
WITNESS WHEREOF, we have hereunto set our hands, and seals on this zsrn day
FEBRUARY 20 IO
BIDDER:
ContraCtOr Name: SCW CONTMCTING CORPORATION
SURETY:
Name: Y
Address: 2525 NoRrH o!9 U|GHW4Y t9q
ATTN: SURETY CLAIMS DEPARTIVENT
Address: 1oo1 4l! AVENUE, sulrE 17oo
FALLBROOK, CA92O2B SEATTLE, WA 981 54
760t728-1308 Telephone No.:800/763-9268
Print Name:MARK D. IATAROLA
Signature:
NOTE: This bond must be executed by both parties. Corporate sealmay be afiixed heretoJ!!
signatures muql be acBnowledged beforg a notary public (att?ch acknowledoments).
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).
Telephone No.:
Pdnt frlsrns' JEF
as to Foffi this
Gity of Lake Elsinore
CALIFORNIA ALL.PURPOSE AGKNOWLEDGMENT crvtl 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 certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of Califomia
County of
On
SAN DIEGO
212512016 before MICHELLE M. BASUIL, NOTARY PUBLIC
personally
Date
appeared
Here lnsert Name and Title of the Officer
MARK D. IATAROLA
Name(e) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare
subscribed to the within instrument and acknowledged to me that helsher4hely executed the same in
hislhe#thek authorized capacity(ies), and that by hivherltheir signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
iJ,[: :1i"":l:$]t"'' " th at th e f o res o i ns paras ra p h
WITNESS my hand and officialseal.
f W r tffiif-^i,,n^,',. zd%,;;3;*;Wth
+
Place Notary SealAbove
OPTIONAL
Though this section is optional, completing this information can deter altemtion 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) Claimed by Signer(s)
Signer's Name:MARK D. IATAROLA Signer's Name:
E Corporate Otficer - Title(s):n Corporate Officer - Title(s):
n Partner - tr Limited I General
tr lndividual X Attorney in Fact
n Partner - tr Limited I General
D lndividualI Trustee
D Other:
D Attomey in Fact
I Guardian or Conservatorn Trustee
tr Other:
fl Guardian or Conservator
Signer ls Representing:Signer ls Representing:
@2014 National Notary Association . www.NationalNotary.org . 1-800-US NOTARY (1-800-876-6824 ltem #5907
. THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.
This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated.
Certificate No. 7247239
American Fire and Casualty Company
The Ohio Casualty lnsurance Company
Liberty Mutual lnsurance Company
West American lnsurance Company
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty lnsurance Company are corporations duly organized under the laws of
and appoint, Helen Malonev; Jisselle Marie Sanchez; John G. Malonev; Mark D. latarola; Michelle M. Basuil
all of the city of Escondido , state of CA each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge
be as binding upon lhe Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons.
lN WITNESS WHEREOI this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
theretothis-r2:lst dayof January ,2016
American Fire and Casualty Company
The Ohio Casualty lnsurance Company
Liberty Mutual lnsurance Company
STATE OF PENNSYLVANIA ss
COUNW OF MONTGOMERY
iAssistant Secretary
On this 21st day of January , 2016 , before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and
Casualty Company, Liberty Mutual lnsurance Company, The Ohio Casualty lnsurance Company, and West American lnsurance Company, and that he, as such, being authorized so to do,
execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
lN WITNESS WHEREOF, I have hereunto subscribed name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written
ffiffiffiffi
Teresa Pastella, Notary Public
Company, Liberty Mutual lnsurance Company, and West American lnsurance Company which resolutions are now in full force and effect reading as follows:
powers of atlomey, shall have fll power to bind the Corporation by their signature and execution of any such instrments and to attach thereto the seal of the Corporation. When so
the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority.
executed such instruments shall be as binding as if signed by the president and attested by the secretary.
fact as may be necessary to act on behalfofthe Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety
obligations.
Company, wherever appearing upon a certified copy of any power of attorney issued by ihe Company in connection with surety bonds, shall be valid and binding upon the Company with
the same force and effect as though manually aflixed.
Companies, is in full force and effect and has not been revoked.
lN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 25TH day of FEBRUARY ,zo 16
ffiffiffiffi "rr%Gregory W. Davenport, Assistant Secretary
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Teresa Pastella, Notary Public
Plymouth Twp., l\rontgomery County
My Commission Expires March 28, 20'17
Member, Pennsylvania Association of Notaries
", D*, ilfrll,€s&g-i
LMS_r2873_1 2201 3
5 of 100
West lnsurance Company
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who proved to me on the basis of satisfactory evidence to be the person(sf whose name{s) is/aresubscribed to the within instrument and acknowledged to me that he/she#h€y "**ri"J in" same inhis/herltheir authorized capacity(ies), and that by his/hentheir signature(s) on the instrument the person(s),or the entity upon behalf of which the person(e| acted, executel the instrument.
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT crvtl coDE s 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed thedocument 1o which this certificate is attached, and not the kuthfulness, a.crracy, or validity of that documeni
State of California )
County of San Diego )
On Febntary 26, 2o1 G beforeme,
,Date Here lnsert Name and Titte of the Officer
personally appeared
Named Above:
Signer's Name:
lPartner - DLimited DGeneral
D lndividual tJ Attorney in Fact
S. L. COLEMAN
Commi$ion # 2090519
Notary Public - Calilornia
San Diego County
I ceftify under PENALry OF PERJURY under the laws
of the State of Califomia that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
",n ^r'," =/';//l*Ln,Signature of Notary public
Place Notary Seal Above
OPTIONAL
Though this section 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: Iabor and Materials BondDo"urent Date: Jebruary 25t 2016
Number of Pages: 3 Signe(s) Other Than
Capacity(ies) Claimed by Signer(s)
Signer's Name: Jeffrey Scrape
filCorporate Officer - Tifle(s): president
n Partner - tr Limited E GeneralI lndividual n Attorney in Fact
[J Corporate Officer - Title(s):
n TrusteeI Other:
n Guardian or Conservator
Signer ls Representing:Signer ls Representing
SCti ConLraeLing eorporaLion
o2014 National Notary Association ' www.NationalNotary.org . 1-800-us NoTABy (1-800-876-6827) ltem #5907
D Guardian or Conservator [] Trustee
D Other:
xica€ .6C4
WOR}<ERS' COMPENSATION INSURANCE CERTIFICATION
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
prior 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."
SC1{ @ntracting @rporation
Contractor
February 26, 2016
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-insure, 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."
President
Title
COVERAGES i2076
ACo'Rb@\-''CERTIFICATE OF LIABILITY INSURANCE DAIE (MM/DD/YYYY}
2/25/2076
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 CERTTFICATE OF TNSURANCE DOES NOT CONSTTTUTE A CONTMCT BETWEEN Tl{E |SSU|NG TNSURER(S), AUTHORTZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: lf the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. lf SUBROGATION lS WAIVED, subject to
the terms and conditions of the policy, ceftain 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
Michael Ehrenfeld Company
2555 Canino De]- Rio North
*200
San Diego CA 921,08
iXilii"' r,eslie Frankenberger
ljlS\.^ ,,,,. (619) 683-9990 1 IiI "^,.
(51e)683-eeee
i'dffiErr, leslief G ehrenf e]-dinsurance . con
--''T--.rNsuRER(S) AFFORDTNG COVEMGE NA|C #
INSURER A :Westchester Fire Insurance 10030
INSURED
SCf{ Contracting Corp
2525 N. oj.d Hwy #395
Fal-l-brook CA 92028
|NSURERBAmerican States Insurance Com])anv L9704
TNSURERC;fnsurance ComDanv Of The West 27847
INSURER D :
INSURER E :
INSTJRER F;
CERTIFICATE NUMBER ION 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 WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR TYPE OF INSUMNCE POLICY NIIMBER P
tMt POLICY EXT
{MM/DD/YYT LIMITS
A
x j counaencnl ceNERAL LIABtLtry
l l "*,r.-roo. lI *.r*r G220103 96011 12/s/20rs t2/5/2016
EACH OCCURRENCE 5 1,000,000
DAMAGE TO RENTED
PREMISES (Ea occurence)s 100,000
MED EXP (Any one person)s 5.000
PERSONAL & ADV INJURY s 1,000,000
GEI\].1AGGREGATE LIMIT APPLIES PER:
I 'o,,"" f_] 5f.o; f l .o"
GENERAL AGGREGATE E 2,000,000
PRODUCTS - COMP/OP AGG s 1,000,000
Employee Benerits $ 1,000.000
B
AU']IOMOBILE LIABILITY
ANY AUTO
ALL OWNED
AUTOS
HIRED AUTOS
fl scnroureoI I AUTosE-l NoN-owNEDI ^ l nrrosn
o7cr28422470 a2Al/20Ls 1,2/ 1/2076
V]tsINIIJ SINGLE LIIvIIT
eccidenl)$ 1,000,000
x BODILY ll.UURY (Per person)$
BODILY INJURY (Per a@ident)$
PROPERTY DAMAGE
(Per accadent)$
Medi€l p $ 2, ooo
A
x UMBRELLA LIAB
EXCESS LIAB
X I occun
I "*,r.-roo.c220!04020LL L2/s/2Or5 L2/5/20L6
EACH OCCURRENCE 4 .000 .000
AGGREGATE $ 4.000 .000
oeo I x lnpre*r,o*s 1o-ooo $
WORKERS COMPENSATION
AND EMPLOYERS'LtABtLtTY Y/ NANY PROPRIETOR/PARTNER/EXECUTIVE
-OFFICER/MEMBER EXCLUDED? ]
(Mandatory in NH)
lf yes, desdbe under
DESCRIPTION OF OPERATIONS below
N/A
wsD503236000 7/ 7/20L6 7/r/2OL'l
x rUTE ER
E.L, EACH ACCIDENT $ 1.000,000
E,L, DISEASE - EA EMPLOYEI $ 1,000,000
E,L, DISEASE POLICY LII/IIT $ 1.000 -o00
DESCRIPTIONOFOPERATIONS/LOCAnONS/vEHICLES (ACORDl0l,AdditionalRemarksschedule,maybeaftachedifmorespaceisrequired)
Re: Rosetta Canyoa Sports Park Phase-II Prolect CIP Project No. 240004 Bid Set ,,B1t' (Stee1 Fa-brication)
City of Lake Elsinore, i-ts elected or appointed officers, offi.cials, arFloyees or agent,s are Adrtitional
Insured Per General LiaJrility EndorsemenL cc2l 10 11 85. Prj-nary/Non-Contri-butory per GLEOOO70196
attached. waiver of subrogation on WC per WC990634 attached. ?faiver on eL per CG24040509. Addj-tional
Insured & waiver on Auto Liability per CA71100307. Wrap Exc.l-usj-on endorsement per CG21540196. 30 day
notice of cancel-lation wiJ-l be sent aceording to poJ-icy prowisions.
TION
City of Lake Elsinore
130 South Main Street
Lake Elsinor, CA 92530
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXHRANON DATE THEREOF, NOTICE WLL BE DELIVERED IN
ACCORDANCE WTH THE POLICY PROVISIONS.
<
AUTHORIZED REPRESENTATIVE
Pat Reilty/LESLTF -4>a'-z-- '{2'>b
ACORD 2s (2014t0',t1
lNSO25 r:oraori
@ 1988-2014 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
POLICY NUMBER. G22O10]960I I COMMERCIAL GENERAL LIABILITY
INSURED: SCWCONTRACTINGCORP.
EFFECTIVE. l2ls/2015
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY,
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - FORM B
This endorsement modifies insurance coverages under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
As Required by Written Contract signed by both parties"prior to loss.
(lf no entry appears above, information required to complete this endorsement will be shown in
the Declaration as applicable to this endorsement.)
WHO lS AN INSURED (Section ll) is amended to include as an insured the person or organization
shown in the Schedule, but only as respect to liability arising out of "your work" for that in-
sured by or for you.
CG 20 1 0 1 1 85 Copyright, lnsurance Services Qffice, lnc. '1984
lnsurcd: SCW Contrac{ing Corp
Policy: czzoto:qoor r
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ ]T CAREFULLY.
CONDITION 4, OTHER INSURANCE,
AMENDED . NON CONTRIBUTORY
Paragraph 4.c. is deleH in its entircty and rcplaced by the following:
c. lf all of the other insurance permits contribution by equal shares, we
Mll follow this method unless the lnsured is required by contract to
provide insurance that is primary and noncontributory, and the ,'insured
contract" is executed prior to any loss. Where required by a contract,
this insurance will be primary only when and to the e)(tent as required
by that contract. However, under the contributory approach each lnsurer
contributes equal amounts until it has paid its applicable limit of
insurance or none of the loss remains, whichever comes first.
lf any of the other insurance does not permit contribution by equal shares,
we will contribute by limits. Underthb megod, each insurcr,s shae b based on lhe
ralio of ils applicable limit of lnsurance b Ule iffil appliEHe limits of imunance of all
insurcrc.
GLE 0007 01 96
POLTCY NUMBER G2201039601I 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 GENEML LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
Name Of Person Or Organization:
As required by $'ritten contract signed by both parties prior to loss
lnformation if not shown above, will be shown in
The following is added to Paragraph 8. Transfer Of
Rights Of Recovery Against Others To Us of
Section lV - 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 @ lnsurance Services Office, lnc., 2008 Page 1 of 1
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVEMGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modifled
by the endorsement.
SCW Conhacting Corp.
Policy No. 01C12882247 0
THIS ENDORSEMENT
EXTENDED CANCELLATION CONDITION
Paragraph 2.b. of the CANCELLATION Common
Policy Condition is replaced by the following:
b. 60 days before the effective date of cancellation if
we cancel for any other reason.
BROAD FORM NAMED INSURED
SECTION II - LIABILITY COVERAGE - A.1. WHO IS
AN INSURED provision is amended by the addition of
the following:
d. Any business entity newly acquired or formed by
you during the policy period provided you own
50% or more of the business entity and the
business entity is not separately insured for
Business Auto Coverage. Coverage is extended
up to a maximum of 180 days following acquisi-
tion or formation of the business entity. Coverage
under this provision is afforded only until the end
of the policy period.
COMMERCIAL AUTO
cA71 10 03 07
CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
AUTO PLUS ENDORSEMENT
BLANKET ADDITIONAL INSURED
SECTION II - LIABILITY COVERAGE - A.1. WHO IS
AN INSURED provision is amended by the addition of
the following:(
e. Any person or organization for whom you are re-
quired by an "insured contract" to provide insur-
ance is an "insured", subject to the following
additional provisions:
(1) The "insured contract" must be in effect
during the policy period shown in the Decla-
rations, and must have been executed prior
to the "bodily injury" or "property damage".
(2) This person or organization is an "insured"
only to the extent you are liable due to your
ongoing operations for that insured, whether
the work is performed by you or for you, and
only to the extent you are held liable for an
"accident" occurring while a covered "auto" is
being driven by you or one of your em-
ployees.
(3) There is no coverage provided to this person
or organization for "bodily injury" to its em-
ployees, nor for "property damage" to its
property.
(4) Coverage for this person or organization shall
be limited to the extent of your negligence or
{gult according to the applicable principles of
comparative negligence or fault.
(5) The defense of any claim or "suit" must be
tendered by this person or organization as
soon as practicable to all other insurers
which potentially provide insurance for such
claim or "suit".
lncludes copyrighted material of lnsurance Services Office, lnc., with its permission.
Copyright, lnsurance Services Office, lnc., 1997
aa 7{ ln n? 07
(6) The coverage provided will not exceed the
lesser of:
(a) The coverage andior limits ofthis policy,
or
(b) The coverage and/or limits required by
the "insured contract".
(7) A person's or organization's status as an
"insured" under this subparagraph d ends
when your operations for that "insured" are
completed.
BLANKET WAIVER OF SUBROGATION
We waive the right of recovery we may have for pay-
ments made for "bodily injury" or "property damage"
on behalf of the persons or organizations added as
"insureds" under Section ll - LIABILITY COVERAGE. A.1.D. BROAD FORM NAMED INSURED and
4,1.e, BLANKET ADDITIONAL INSURED,
HIRED AUTO PHYSICAL DAMAGE COVERAGE
lf hired "autos" are covered "autos" for Liability cov-
erage and if Comprehensive, Specified Causes of
Loss or Collision coverc€es are provided under this
Coverage Form for any "auto" you own, then the
Physical Damage Coverages provitleci are extended
to "autos" you hire or borrow.
The rnost we will pay for loss to any hired "auto" is
$50,000 or Actual Cash Value or Cost of Repair,
whichever is srnallest, minus a deduclible. The de-
ductible will be equal to the largest deductible appli-
cable to any owned "auto" of the private passenger
or light truck type for that coverage. Hired Arno Phy-
sical Dannge coverclge is excess over any other col-
lectible insurance. Subjeci to the above
limit,deductible and excess provisions, we will
provide coverage equal to the broadest coverage
applicable to any covered "auto" you own.
WORKERS COMPENSATION AND EMPLOYERS LIABTLITY INSURANCE POLICY WC 99 06 34
(Ed. 8-00)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT. BLANKET
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not
enforce our right against the person or organization named in the Schedule. (This agreement applies only to the
extent that you perform work under a written contract that requires you to obtain this agreement from us).
The additional premium for this endorsement shall be 3% of the total California Workers' Compensation premium
othenruise due.
Schedule
Person or Orqanization
ANY PERSON/ORG
WHEN REQUIRED BY
WRITTEN CONTRACT
Job Description
ALL CALIFORNIA OPERATIONS
Policy Number: WSD 5032360 00 lnsured: SCW Contracting Corp
Endorsement Effective: 01-0'1-16 Coverage Provided by: INSURANCE COMPANY OF THE WEST
lssue Date: 0l-22-16 Countersigned by:
wc 99 06 34
(Ed.8-00)
EXCLUSION - DESIGNATED OPERATIONS COVERED BY A
coNsoLrDATED (WRAP-UP) TNSURANCE PROGRAM
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Description and Location of Operation(s):
Any prior or ongoing operation(s) where you participated in a consolidated (wrap-up) insurance program
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations
as applicable to this endorsement,)
The following exclusion is added to paragraph 2., This exclusion applies whether or not the consoli-
Exclusions of COVEMGE A - BODILY INJURY AND dated (wrap-up) insurance program:
PROPERTY DAMAGE LIABILITY (Section I - (1) provides coverage identical to that provided byCoverages): this( Coverage pirt;
(2) Has limits adequate to cover all claims; or
This insurance does not apply to "bodily injury" or )-: ^ _
"property damage" arising 'out of either youi on- (3) Remains in effect'
going operations or operations included within the
"products-completed operations hazard" at the lo-
cation described in the Schedule of this endorse-
ment, as a consolidated (wrap-up) insurance pro-
gram has been provided by the Prime
contractor/project manager or owner of the con-
struction project in which you are involved.
SCW Contracting Corp.
Policl' C2201039601I COM MERCIAL GENERAL LIABILITY
cG 21 54 01 96
24
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
-:
Copyright, Insurance Services Office, Inc., 1994
Page 1 of 1
l:
CoNSTRUCTION OR SEBVTCE CONTRAGT
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 io 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 inctude the elected officials,
appointed officials, and employees.) !
2. lndemnifiT and save harmless the City of Lake Elsinore against any and all claims resulting
from the undertaking specified in the contract known as:
ROSETTA CANYON SPORTS PARK PHASE{I PROJECT
ctP PROJECT NO.zl0004
BID SET "Bl" (Steel Fabrication)
*' onchor Bolt Templates
Guardrail Panel 2nd Floor
Shop Drawings
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 tocated on the plans, or shown inconeclly.
Structural Steel Columns
Hand Rails (Stairs)
Elevator Pit Latter
Stair Stringers
--3. - -- Not-be can-Celled except by notice to the eity Attome/ of the City of t-at<e rbinore at ieist
thirty (30) days prior to the date of cancellalion.
4. Provide single limit for Bodily lnjury Liabilfiy 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 poliry 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 lhe insured.
6. lt is further expressly agreed by and between the parties hereto that the following two
provisions, (a) and (b), are a part of this contract:
(a) Tha( the Contractor specifically agrees to comply with applicable provisions of
Sec{ion 1777.5 of the Labor Code relating to the employment by contractor or
subcontractor under it, of joumeyman or apprentices, or workmen, in any
apprenticeable craft or trade.
tb) By my signature hereuncler, as contractor, I certity that I am aware of the\-/
fiouistn"Lf Section 3700 of the Labor Cocle which requires every emploler to be
insured against liability for Workers' Compensalion or to undertake self insurance
in accordance with tire provisions of that code, and I will comply with such
provisions before comnrencing lhe performance of the work of this contract.
The limits of liability as stated in this endorsemettt qpply 1o the insurance atforded by this
endorsemerrt notwithstanding that the poticy rnay have Jower limits of liabitity applying elsewhere
in the policy.
Attached io and forming Part of
Policy Na.G220103960ll
of the Westchester Fire lns Co .
Date:212512016
Expiration Date:tzl5l20t6
{