HomeMy WebLinkAboutItem No. 05 Amend No. 01 On-Call DM ContractingText File
City of Lake Elsinore 130 South Main Street
Lake Elsinore, CA 92530
www.lake-elsinore.org
File Number: TMP-1609
Agenda Date: 8/9/2016 Status: Consent AgendaVersion: 1
File Type: ReportIn Control: City Council
Agenda Number: 5)
Page 1 City of Lake Elsinore Printed on 8/4/2016
Amendment No. 1 Annual CGS Program
Page 1 of 1
REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Grant Yates, City Manager
Prepared by: Nicole McCalmont
Date:August 9, 2016
Subject:Amendment No. 1 – Extension of Agreement for Contract Services (On-
Call) for DM Contracting, Inc.
Recommendation
1. Approve Amendment No. 1 to the On-Call Contract Services Agreement with DM
Contracting Inc., to allow for a one (1) year renewal term.
2. Approve and authorize the City Manager to execute the Agreement in the not to
exceed amount of $55,000 in substantially the form attached and in such final
form as approved by the City Attorney.
Background
On August 25, 2015, City Council approved the award to DM Contracting Inc., for On-Call
Contract Services for the Annual Curb, Gutter, and Sidewalk (CGS) Repair Program.
Discussion
The Public Works Department periodically performs miscellaneous inspections and repairs on
displaced, deteriorated, or damaged curbs, gutters, and sidewalks within the City Right-of-Way.
Throughout the year, an inventory of locations requiring repairs is compiled based upon public
input and City staff site investigations. Occasionally, the repair work requires the use of an on-
call Contractor for larger and more complicated repairs that requires specialized expertise,
labor, and equipment.
Fiscal Impact
Funds in the amount of $55,000 have been allocated for the Annual Curb, Gutter, and Sidewalk
Repair Program for FY 16/17 Project No. Z10001.
Exhibits
A – Amendment No. 1
B – Original Agreement
AMENDMENT NO. 1
TO AGREEMENT FOR CONTRACTOR SERVICES (ON-CALL)
DM Contracting, Inc.
Citywide Annual Curb, Gutter, and Sidewalk Repair Program
Project No. Z10001
This Amendment No. 1 to Agreement for Contractor Services (On-Call) (“Amendment No.
1”) is made and entered into as of July 1, 2016 by and between the City of Lake Elsinore, a
municipal corporation (“City), and DM Contracting, Inc., a California corporation (“Contractor”).
RECITALS
A. The City and Contractor have entered into that certain Agreement for Contractor
Services dated as of August 25, 2015 (the “Original Agreement”). Except as otherwise defined
herein, all capitalized terms used herein shall have the meanings set forth for such terms in the
Original Agreement.
B. The Original Agreement provided for compensation to Contractor in an amount not
to exceed Fifty-Five Thousand dollars ($55,000).
C. The term of the Original Agreement was for ten (10) months and allows the City to
extend the term on an annual basis, for a total of two (2) years.
D. The parties now desire to extend the term for such services as set forth in this
Amendment No 1.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth
herein, City and Contractor agree as follows:
1. Section 2, Time of Performance, of the Original Agreement is hereby amended to
add the following:
Unless earlier terminated as provided elsewhere in the Original
Agreement, this Amendment No. 1 shall continue in full force and effect
until June 30, 2017. The City may, at its sole discretion, extend the term
of this Agreement on an annual basis not to exceed one (1) additional
renewal term, such notice to be exercised by the City Manager.
2. Except for the changes specifically set forth herein, all other terms and conditions
of the Original Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have caused this Amendment No. 1 to be executed
on the respective dates set forth below.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
Grant Yates, City Manager
Date:
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
“CONTRACTOR”
DM Contracting, Inc., a California corporation
DM Contracting, Inc., a corporation
Date:
Attachments: Exhibit B – Original Agreement
EXHIBIT B
EXHIBIT B
ORIGINAL AGREEMENT
[ATTACHED]
CITY oF
LAq@
-r-ry DREAM ExrRtMt
September 24,2015
DM Contracting
Attn: David Magana
1065 Harber Drive
Colton, C492324
RE: CONTRACTOR SERVICES AGREEMENT
Dear Mr. Magan:
Enclosed for your files, please find your fully executed copy of the Contractor
Services Agreement for the Citywide Annual Curb, Gutter, and Sidewalk Repair
Program, Project No. 210001 .
Please do not hesitate to give this office a call should you have any questions.
Sincerely,lr --O,r* h.,-*
Diana Gir6n
Acting City Clerk
Enclosures
cc: Public Works Department
Ad ministrative Services Department
951.674.3124
130 S. MAIN STREET
LAKE ELSINORE, CA 92530
WWW. LAKE-ELS I NORE.ORG
LSINO
AGREEMENT FOR CONTRACTOR SERVICES
DM Contracting, lnc.
Citywide Annual Curb, Gutter, and Sidewalk Repair Program
Project No. 210001
This Agreement for Contractor Services (the "Agreemenf') is made and entered into as
of August 25,2015 by and between the City of Lake Elsinore, a municipal corporation ("City,,)
and DM Contracting lnc., a Construction Contractor ("Contractor").
RECITALS
A. The City has determined that it requires the following services: Removal and
replacement of curbs, gutters, sidewalks, and other miscellaneous concrete throughout the city.
B. Contractor has submitted to City a bid, dated July 23,2015 attached hereto as
Exhibit A ("contractors Bid schedule") and incorporated herein, to provide services and related
work to the City pursuant to the terms of this Agreement.
C. Contractor possesses the skill, experience, ability, background, certification and
knowledge to perform the services and related work described in this Agreement on the terms
and conditions described herein.
D. City desires to retain Contractor to perform the services and related work as
provided herein and Contractor desires to provide such services and related work as set forth in
this Agreement.
AGREEMENT
'1. Scooe of Services. Contractor shall perform the services and related work
described in Contractor's Bid Schedule (Exhibit A). Contractor shall provide such services and
related work at the time, place, and in the manner specified in Contractor,s Bid Schedule
(Exhibit A), subject to the direction of the city through its staff that it may provide from time to
time.
2. Time of Performance.
a. Time of Essence. Time is of the essence in the performance of this
Agreement. The time for completion of the services and related work to be performed by
Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and
diligently the services and related work contemplated pursuant to this Agreement consistent
with contractor's Bid schedule (Exhibit A) and shall provide, furnish and pay all labor, materials,
necessary tools, expendable equipment, and all taxes, utility and transportation services
required to perform such the services and related work.
b. Performance Schedule. Contractor shall commence the services and
related work pursuant to this Agreement upon receipt of a written notice to proceed and shall
perform all services and related work within the time period(s) established in the Contractor's
Bid schedule (Exhibit A). when requested by contractor, extensions to the time period(s)
specified may be approved in writing by the City Manager.
Dl Contracting CGS Conlract Page 1
c. Term. Unless earlier terminated as provided elsewhere in this
Agreement, this Agreement shall continue in full force and effect, commencing on August 25,
2015 and ending on June 30, 2016. The City may, at its sole discretion, extend the term of this
Agreement on a 12-month basis not to exceed two (2) additional twelve (12) month renewal
terms by giving written notice thereof to Contractor not less than thirty (30) days before the end
of the contract term, such notice to be exercised by the City Manager.
Contractor hereby agrees and acknowledges that any and all work or services
performed pursuant to this Agreement shall be based upon the issuance of a project task order
by the City. Contractor acknowledges that it is not guaranteed any minimum or specific amount
of work or services as all work or services shall be authorized through task order issued by the
City.
3. Compensation. Compensation to be paid to Contractor shall be in accordance
with the fees set forth in Contractor's Bid Schedule (Exhibit A), which is attached hereto and
incorporated herein by reference. ln no event shall Contractor's compensation exceed FIFTy
FIVE THOUSAND dollars ($55,000) without additional written authorization from the City.
Notwithstanding any provision of Contractor's Bid Schedule to the contrary, out of pocket
expenses set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative
charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if
such defects were known to the City at the time of payment.
4. Method of Pavment. Contractor shall promptly submit billings to the City
describing the services and related work performed during the preceding month to the extent
that such services and related work were performed. Contractor's bills shall be segregated by
project task, if applicable, such that the City receives a separate accounting for work done on
each individual task for which Contractor provides services. Contractor's bills shall include a
brief description of the services performed, the date the services were performed, the number of
hours spent and by whom, and a description of any reimbursable expenditures. City shall pay
Contractor no later than forty-five (45) days after receipt ofthe monthly invoice by City staff.
5. Suspension or Termination.
a. The City may at any time, for any reason, with or without cause, suspend
or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten
(10) days prior written notice. Upon receipt of such notice, the Contractor shall immediately
cease all work under this Agreement, unless the notice provides otherwise. lf the city suspends
or terminates a portion of this Agreement such suspension or termination shall not make void or
invalidate the remainder of this Agreement.
b. ln the event this Agreement is terminated pursuant to this Section, the
City shall pay to Contractor the actual value of the work performed up to the time of termination,
provided that the work performed is of value to the city. upon termination of the Agreement
pursuant to this Section, the Contractor will submit an invoice to the City, pursuant to Section
entitled "Method of Payment" herein.
6. Ownershio of Documents. All plans, studies, documents and other writings
prepared by and for Contractor, its officers, employees and agents and subcontractors in the
course of implementing this Agreement, except working notepad internal documents, shall
become the property of the City upon payment to Contractor for such work, and the City shall
have the sole right to use such materials in its discretion without further compensation to
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Contractor or to any other party. Contractor shall, at Contractor's expense, provide such
reports, plans, studies, documents and other writings to City upon written request. City
acknowledges that any use of such materials in a manner beyond the intended purpose as set
forth herein shall be at the sole risk of the City. City further agrees to defend, indemnify and
hold harmless Contractor, its officers, officials, agents, employees and volunteers from any
claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including
any and all costs and expenses in connection therein), arising out of the City's use of such
materials in a manner beyond the intended purpose as set forth herein.
a. Licensino of lntellectual Propertv.This Agreement creates a
nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and
all copyrights, designs, and other intellectual property embodied in plans, specifications, studies,
drawings, estimates, and other documents or works of authorship fixed in any tangible medium
of expression, including but not limited to, physical drawings or data magnetically or otherwise
recorded on computer diskeftes, which are prepared or caused to be prepared by Contractor
under this Agreement ("Documents & Data"). Contractor shall require that all subcontractors
agree in writing that City is granted a nonexclusive and perpetual license for any Documents &
Data the subcontractor prepares under this Agreement. Contractor represents and warrants
that Contractor has the legal right to license any and all Documents & Data. Contractor makes
no such representation and warranty in regard to Documents & Data which were prepared by
design professionals other than Contractor or provided to Contractor by the City. City shall not
be limited in any way in its use of the Documents & Data at any time, provided that any such
use not within the purposes intended by this Agreement shall be at City's sole risk.
b. Confidentialitv. All ideas, memoranda, specifications, plans, procedures,
drawings, descriptions, computer program data, input record data, written information, and other
Documents & Data either created by or provided to Contractor in connection with the
performance of this Agreement shall be held confidential by Contractor. Such materials shall
not, without the prior written consent of City, be used by Contractor for any purposes other than
the performance of the services under this Agreement. Nor shall such materials be disclosed to
any person or entity not connected with the performance of the services under this Agreement.
Nothing furnished to Contractor which is otherwise known to Contractor or is generally known,
or has become known, to the related industry shall be deemed confidential. Contractor shall not
use City's name or insignia, photographs relating to project for which Contractor's services are
rendered, or any publicity pertaining to the Contractor's services under this Agreement in any
magazine, trade paper, newspaper, television or radio production or other similar medium
without the prior written consent of City.
7. Contractor's Books and Records.
a. Contractor shall maintain any and all ledgers, books of account, invoices,
vouchers, canceled checks, and other records or documents evidencing or relating to charges
for services, or expenditures and disbursements charged to City for a minimum period of three
(3) years, or for any longer period required by law, from the date of final payment to Contractor
to this Agreement.
b. Contractor shall maintain all documents and records which demonstrate
performance under this Agreement for a minimum period of three (3) years, or for any longer
peliod required by law, from the date of termination or completion of this Agreement.
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c. Any records or documents required to be maintained pursuant to this
Agreement shall be made available for inspection or audit, at any time during regular business
hours, upon written request by the City Manager, City Attorney, City Auditor or a designated
representative of these officers. Copies of such documents shall be provided to the City for
inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually
agreed upon, the records shall be available at Contractor's address indicated for receipt of
notices in this Agreement.
d. Where City has reason to believe that such records or documents may be
lost or discarded due to dissolution, disbandment or termination of Contractor's business, City
may, by written request by any of the above-named officers, require that custody of the records
be given to the City and that the records and documents be maintained in City Hall. Access to
such records and documents shall be granted to any party authorized by Contractor,
Contractor's representatives, or Contractor's successor-in-interest.
8. lndependent Contractor. lt is understood thal Contractor, in the performance of
the work and services agreed to be performed, shall act as and be an independent contractor
and shall not act as an agent or employee ofthe City.
9. PERS Eliqibilitv lndemnification. ln the event that Contractor or any employee,
agent, or subcontractor of Contractor providing services under this Agreement claims or is
determined by a court of competent jurisdiction or the California Public Employees Retirement
System (PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor
shall indemnify, defend, and hold harmless City for the payment of any employee and/or
employer contributions for PERS benelits on behalf of Contractor or its employees, agents, or
subcontractors, as well as for the payment of any penalties and interest on such contributions,
which would otherwise be the responsibility of City.
Notwithstanding any other federal, state and local laws, codes, ordinances and
regulations to the contrary, Contractor and any of its employees, agents, and subcontractors
providing service under this Agreement shall not qualify for or become entifled to, and hereby
agree to waive any claims to, any compensation, benefit, or any incident of employment by City,
including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to
any contribution to be paid by City for employer contribution and/or employee contrlbutions for
PERS benefits.
10. lnterests of Contractor. Contractor (including principals, associates and
management employees) covenants and represents that it does not now have any investment
or interest in real property and shall not acquire any interest, direct or indirect, in the area
covered by this Agreement or any other source of income, interest in real property or investment
which would be affected in any manner or degree by the performance of Contractor's services
hereunder. Contractor further covenants and represents that in the performance of its duties
hereunder no person having any such interest shall perform any services under this Agreement.
Contractor is not a designated employee within the meaning of the Political Reform Act
because Contractor:
a. will conduct research and arrive at conclusions with respect to his/her
rendition of information, advice, recommendat,on or counsel independent of the control and
direction of the City or of any City official, other than normal agreement monitoring; and
Page 4
b. possesses no authority with respect to any City decision beyond rendition
of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).)
11. Abilitv of Contractor. City has relied upon the training and ability of Contractor to
perform the services hereunder as a material inducement to enter into this Agreement.
Contractor shall therefore provide properly skilled personnel to perform all services under this
Agreement. All work performed by Contractor under this Agreement shall be in accordance with
applicable legal requirements and shall meet the standard of quality ordinarily to be expected of
competent contractors in Contractor's field of expertise.
12. Comoliance with Laws. Contractor shall use the standard of care in its
profession to comply with all applicable federal, state and local laws, codes, ordinances and
regulations.
13. Licenses. Contractor represents and warrants to City that it has the licenses,
permits, qualifications, insurance and approvals of whatsoever nature which are legally required
of contractor to practice its profession. 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.
14. 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,
liability, 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 shictly 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 indemnify and hold
harmless includes the duty to defend as set forth in Section 2778 ot lhe 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.
15. lnsuranceReouirements.
a. lnsurance. Contractor, at Contractor's own cost and expense, shall
procure and maintain, for the duration of the contract, unless modified by the City's Risk
Manager, the following insurance policies.
i. Workers' Comoensation Coveraoe. Contractor shall maintain
Workers' Compensation lnsurance and Employels Liability lnsurance for hisiher
employees in accordance with the laws of the State of California. ln addition, Contractor
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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 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 Liabilitv Coveraqe. Contractor shall maintain commercial
general liability insurance in an amount not less than one million dollars (91,000,000) 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. 11/88) or lnsurance Services Office form number GL 0002 (ed. 1f3) covering
comprehensive General Liability and lnsurance Services Office form number GL 0404
covering Broad Form Comprehensive General Liability. No endorsement may be
attached limiting the coverage.
iii. Automobile Liabilitv Coveraqe. 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 'l ("any auto"). No
endorsement may be attached limiting the coverage.
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.
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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.
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. Certiflcates of lnsurance. Contractor shall provide certificates of
insurance with original endorsements to City as evidence of the insurance coverage required
herein. Certiflcates 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.
16. 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 provlded in this section.
lf to City:City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
City of Lake Elsinore
Attn: City Clerk
130 South Main Street
Lake Elsinore, CA 92530
With a copy to:
lf to Contractor: DM Contracting, lnc.
Attn: David *lagraan V\a5on<-
1065 Harber Drive
Colton, CA. 92324
17. 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.
18. 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.
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'19. Assionment and Subcontractino. The parties recognize that a substantial
inducement to City for entering into this Agreement is the reputation, experience and
compelence of Contractor and the subcontractors listed in Exhibit B. 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. Contractor shall not subcontract any portion of the work to be
performed under this Agreement except as provided in Exhibit B without the written
authorization of the City. lf City consents to such subcontract, Contractor shall be fully
responsible to City for all acts or omissions of those subcontractors. 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.
20. 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.
21. 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 provislons of this
Agreement shall continue in full force and effect.
22. 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.
23. Litiqation 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.
24. 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
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 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 commence litigation.
25. Autho tv to Enter Aoreement. 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.
26. Prohlbited 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 employee working
Page 8
solely for Contractor, any fee, commission, percentage, brokerage fee, gift or
consideration contingent upon or resulting from the award or making of this Agreement.
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.
27. Equal Opportunitv Emplovment. 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.
28. Prevailino Waqes. Contractor is aware of the requirements of California Labor
Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Ti e
8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing
wage rates and the performance of other requirements on "public works" and "maintenance"
projects. Contractor agrees to fully comply with all applicable federal and state labor laws
(including, without limitation, if applicable, the Prevailing Wage Laws). lt is agreed by the parties
that, in connection with the Work or Services provided pursuant to this Agreement, Contractor
shall bear all risks of payment or non-payment of prevailing wages under California law, and
Contractor hereby agrees to defend, indemnify, and hold the City, and its officials, officers,
employees, agents, and volunteers, free and harmless from any claim or liability arising out of
any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity
shall survive termination of this Agreement.
29. 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]
other
For
Page 9
lN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the date first written above.
"ctTY"
CITY OF LAKE ELSINORE, a municipal
corporation
,CONTRACTOR'
DM Contracting, lnc., a corporation
Da r{\to**ft G.
r5
Attachments: Exhibit A - Contractor's Bid Schedule
Exhibit B - List of Subcontractors
Page 1 0
efij
EXHIBIT A
CONTRACTOR'S BID SCHEDULE
[ATTACHED]
EXHIBIT A
EXHIBIT A
BID FORIU
City of Lake Elsinore Public Works Department
FY 15/16 Annual Curb, Gutter and Sidewalk Repair Program
Item Description Quantity Unit
Price
Total
L Remove existing and construct 6" curb and
gutter per Gity Standard No. 200
2OO LF 3E-7,oo
2.Remove existing and construct 8" curb and
gutter per Standard No. 201
2OO LF ttg -4,oo
3.Remove existing concrete and construct 4"
concrete sidewalk over compacted sub.
grade per City Standard No. 210
5000 sF
3,So 1t;*'
4.Remove exlsting concrcte and construct
handicap ramps per City Standard No. 214A
2EA lla315@ :/t@e-
5.Remove existing concrete and construct
handicap ramps per Gity Standard No. 2148
2EA 3,goo 7'w
Contractor Signature
Total Amount in words and figures (payment bond required in this amount - no personal
checks wiu be accepted): $TZ, SW .gg-..
e erentJ - t ua tlvusa,Q I fine,'hunQrry' ftolla,s * 'ft;>
{
Notice Inviting Bids:
Fy LS/16 Annual Curb, Gutter and Sidewalk Repair Program
City of Lake Elsinore
Contractor Name
N/A
EXHIBIT B
LIST OF SUBCONTRACTORS
[ATTACHED]
EXHIBIT B
--
COVERAGES CERTIFICATE NUMBER:cL1 ss130s0s2 REVISION NUMBER:
ACORif\--'CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DO/YYYY)
9/70/201s
THIS CERTIFICATE IS ISSUED AS A i,IATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGANVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. TH|S CERnFTCATE OF TNSURANCE DOES NOT CONSTTTUTE A CONTRACT BETWEEN THE ISSUTNG TNSURER(S), AUTHORTZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: lf the certificate holder is an ADDITIONAL lllSURED, the policy(ies) must be endoFed. lf SUBROGATION lS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER
Business & Contractors Insurance Services, Inc.
131 East Main St.
Suite 203
EJ. Cajon CA 92O2O
'fifl'' eina Galvas
fjJP\1 -*,. l6L9) s92-4440 lil^,. (61e) se2-{4{e
,q3. GinaGbcisinc. net
INSURER(S} AFFORDING COVERAGE NAIC #
tNsuRERACo].ony Insurance Cotlpan.y 3 9993
INSURED
DM Contracting Inc
1065 Earber
Colton CA 92324
INSURER B :
INSURER C :
INSURER O :
INSURER E r
INSURER F :
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,
INSRITR TYPE OF INSURANCE \DOt-
INSD POLICY NUMBER POLICY EXP(MM/DD/YYYYI LIMITS
A
x I coMMERCTAL GENERAL LtABtL|TY
l l
".o,r.-rooe
l"l occunr-x 101GL001552501 5/!2/20L5 s/L2/20L6
EACH OCCURRENCE 1 .000,000
DAMAGE TO RENTED
PRFMISFS /Fa o.drrr s 100 ,000
MED EXP (Anv one person)s 5,000
PERSONAL & ADV INJURY s 1,000,000
GEI
x '1,1AGGREGATE LIMIT APPLIES PER
i ,o.,"' [l 
lf yes, desqibe under
DESCRIPTION OF OPFRATIONS below
N/A
I PER OTH.STATL'TE FR
E.L, EACH ACCIDENT s
E.L, DISEASE - EA EMPLOYEI s
E.L DISEASE - POLICY LIMIT $
OESCRIPIION OF OPERATIONS / LOCATIONS / VEHICLES (ACORO l0'1, Additional Rem*s Schedule, may be attached if more space is required)Certificate Holder has been named as Additional Insured per written contract. R.E: Various Locations. *
Endorsement is attached.
CANCELLATION
City of Lake Elsinore
130 South Main St.
Lake Elsinore, CA 92530
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE wlLL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATVE
ACORD 2s (2014tO1)
lNS025 ruoraol
@ 1988-2014 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
I
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED -
OWNERS, LESSEES OR CONTRACTORS _ SCHEDULED
PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVEMGE PART
SCHEDULE
A. SECTION ll - WHO lS AN INSURED is amended to include as an additional insured the person(s) or
organization(s) shown in the Schedule for whom you are performing operations when you and such person
or organization have agreed in writing in a contract or agreement that such person or organization be
added as an additional insured on your policy. Such person or organization is an additional insured only
with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in
whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your behalf;
in the performance of your ongoing operations for the additional insured(s) at the location(s) designated
above.
A person's or organization's status as an additional insured under this endorsement ends when your
operations for that additional insured are completed.
B. With respect to the insurance afforded to these additional insureds, the following additional exclusions
apply:
This insurance does not apply to:
Additional lnsured Contractual Liability
"Bodily injury" or "property damage" for which the additional insured(s) are obligated to pay damages by
reason of the assumption of liability in a contract or agreement.
Finished Operations at Work
"Bodily injury" or "property damage" occurring after:
1. All work, including materials, parts or equipment furnished in connection with such work, on the
prolect (other than service, maintenance or repairs) to be performed by or on behalf of the
additional insured(s) at the location of the covered operations has been completed; or
2. That portion of "your work" out of which the injury or damage arises has been put to its intended use
by any person or organization.
U156-0310 lncludes copyrighted material of ISO Properties, lnc., Page 1 of 1
with its permission.
Name of Additional lnsured Person(s) or Organization(s)
(Additional lnsured):Location(s) of Covered Operations:
ALL PERSONS OR ORGANIZATIONS AS
REQUIRED BY WRITTEN CONTRACT
WITH THE INSURED
VARIOUS
THIS INSURANCE IS PRIMARY AND NON-
CONTRIBUTORY,BUT ONLY IN THE EVENT
OF THE NAMED INSURED'S SOLE
NEGLIGENCE
Negligence of Additional lnsured
"Bodily injury" or "property damage" arising directly or indirectly out of the negligence of the additional
insured(s).
ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.
U156-0310 lncludes copyrighted material of ISO Properties, lnc., Page2ol 1
with its permission.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section
lV - Conditions:
We waive any rights of recovery we may have againsl any person or organization because of payments we
make for injury or damage resulting from your ongoing operations or "your work" done under a contract with
that person or organization and included in the "products-completed operations hazard" it'.
a. you agreed lo such waiver;
b. the waiver is included as part of a written contract or lease; and
c. such written contract or lease was executed prior to any loss to which this insurance applies.
ALL OTHER TERI\,S AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.
U047-0310 lncludes copyrighted material of ISO Properties, lnc., Page 1 of 1
with its permission.
CERTIFICATE OF LIABILITY INSURANCE
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLOER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: lf the certificate holder is an AODITIONAL INSURED, the policy(ies) must be endorsed. lf SUBROGATION lS WAIVED, subiect 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
PRODUCER
CISNEROS I NSURANCE AGENCY
5750 Division St, Ste 100
Riverside, CA 92506
TNSUREo D MContracting, lnc.
1065 Harbor Drive
Colton, CA92324
Truck lnsurance E
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 wlTH RESPECT TO ffiICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONSAND CONDITIONSOF SUCH POLICIES, LIMITSSHOVI/N MAYHAVEBEEN REDUCED BYPAIDCLAIMS-
NSR
LTR TYPE OF INSURANCE F.Y LIMITS
COMMERCIAL GENERAL LIABILITY
] "*,r"-roo, ! o..r*
EACH OCCURRENCE
UAMAUE IU KI
PREMISES (Ea
MED EXP (AnY
PERSONAL & ADV IN.]IIRY
.L AGGREGATE LIMITAPPLIES PER:
,o,,.' ! !E"oi f] 'o"
GENERAL AGGREGATE
PRODUCTS. COMP/OP AGG
AU
i"ll'l:::^"*
I ruowreo l-I scneouleo
I euros l_I AUroS
|
,,*.oo,,o, H 13+53*'"
$
BODILY INJURY (Per person)$
BODILY INJURY (Ps a€ident)
PROPIRTY DAMAGE $
$
UMBRELLA LIAB
EXCESS LIAB
OCCUR EACH OCCURRENCE
AGGREGATE
DFD I I *.r.*t,.r.
A
WORKERS COMPENSATION
AND EMPLOYERS'LIABILITY Y'NANY PROPRIETOR/PARTNERiEXECUTIVE I:'-
OFFICERMEMBER EXCLUDED? I Y
(Mandatory in NH)
lfyes, desqibe under
N/A A09476499 1228t14 2t28t15
X
EACH ACCIDFNT 1.000.000
NISFA 100
1(m00c)
B Business Personal
Pronertv
605885857 1228t14 2t28t15 Limit: $10,000
Deductible: $ 500
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD '101, AdditionalRemarks Schedule, may be attached if more space is required)
Certificate of Workers' Compensation coverage. Waiver of Subrogation applies
per attached WC99061 9 endorsement.
CtrRTIF :ATF HOI DtrR
@'1988-2014 ACORD CORPOMTION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
CANCtrI IATION
City of Lake Elsinore
130 S. Main Street
Lake Elsinore, CA 92530
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION OATE THEREOF. NOTICE WLL BE DELIVERED IN
ACCOROANCE WTH THE POLICY PROVISIONS
AUTHORIZED REPRESENTATIVE
ACORD 25 (2014t01)
onr lav f,r rriotro
FARMERS
INSURANCE
WOR KER S' (OMPENSATION AND EIUIPIOYIRS'
I.IABITITY INSURAN(E PO[I(Y
Named . DM C9NTMST1NG, tNc.
Insured .
. 1065 HARBER DRIVE
. CoLToN c492324
Agent
97 -45-345
w( 99 06 I9
A0947-64-99 20 L4
Poliry Number Policy
of the Company Year
Effective
Date
WAIVER OT OUR RIGHT TO RE(OVER TROffI OTHERS ENDORSEilIENT. BI.ANKET
\7e have the right to recover our payments from anyone liable for an injury covered by this policy. \7e will
not enforce our right against the person or organization for which you perform work under a written contract
that requires you to obtain this agreement from us.
The additiond premium for this endorsement shall be 3 .0 Vo of the \Torkers' Compensation premium
otherwise due for the state(s) listed below on such remuneration, subject to a minimum charge of $250
All written contracts in the state(s) of:
CA
This endorsement is part of your policy. It supersedes and controls an1'thing to the contrary. It is otherwise
subject to all the terms of the policy.
Countersigned
93.6369 ISI tDtTloil 9{7
w(990619A
Authorized Representative
t6369I1 PAGI I 0t 1
COVERAGES CERTIFICATE NUMBER:REVISION NUMBER:
,qi<>nif CERTIFICATE OF LIABILITY INSURANCE OATE (MM/DDIYYYY)
09/09/201 5
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: 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, 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 JONETTE PHILLIPS INSURANCE AGENCY
3452 E FOOTHILL BLVD STE 3205ratefa#n PASADENA cA 91102
@
xxxliu' JONETTE PHTLLTPS
lllP\E* =-.,.020-79s-3227 l# "^,.626-z9s-3020
iilHE"", JoNETTE@JoNETTEpHTLLTpS.NET
INSURER(S) AFFORDING COVERAGE NAIC #
lxsupEp a.State Farm Mutual Automobile lnsurance Company 25178
TNSURED DM CONTRACTING, INC
1065 HARBER DR
coLToN cA92324-2622
INSURER B :
INSURER C :
INSURER D:
INSURER E
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSRITR TYPE OF INSURANCE POLICY NUMBER
POLICY EFF POLICY EXP
LIMITS
COMMERCIAL GENERAL LIABILITYL
.LA,M.-MADE I oaar*
-I
EACH OCCURRENCE
DAMAGE TO RENTED
PREMISES f Ea occurence)$
MED EXP (Any one peEon)
PERSONAL & ADV INJURY
GEt
i::::Xffr#^ff':'J
GENERAL AGGREGATE $
PRODUCTS. COMP/OP AGG $
$
A AUI.OMOBILE LIABILITY
ANY AUTO
ALL OWNED
AUTOS
HIRED AUTOS
[-l ScHEDULED| ^ | AUTosT-'l NoN-owNEDI I rurosft
492 0981-A14-75 -001
492 0983-A14-75
492 0980.A14-75
492 0984-A14-75
07t14t2015
07t't412015
07t't4t2015
07t14t2015
01t14t2016 f,MBINED SINGLE LIMIT $ 1,000,000
01t14t2016
01t1412016
0'U14t2016
BODILY INJURY (Per person)$
BODILY INJURY (Per accident)$
PROPERTY DAMAGE
{Per accident}$
$
UMBRELLA L|,AB I occun
ExcESs L.AB -l a*,ra-rooa
EACH OCCURRENCE
AGGREGATE $
oeo I ]nerrrurror$$
WORKERS COMPENSATION
ANDEMPT_OYERS'LtABtLtTY Y/il
ANY PROPRIETOFYPARTNER,/EXECUTIVE T-
OFFICER,,MEMBER EXCLUDED? L(Mandatory in NH)
lf yes, describe under
OESCRIPTION OF OPERATIONS below
N/A
R I OTH.
ATUTE I I ER
E.L, EACH ACCIDENT $
E,L, DISEASE. EA EMPLOYE $
nlsFAsF - pnt tcY I tMtT $
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORO 101, Additional Remarks Schedule, may be attached lf more space is requlred)
Certificate Holder has been named as Additional lnsured per written contract.
THIS INSURANCE IS PRIMARY AND NONCONTRIBUTORY WITH RESPECTS TO CLAIMS ARISING OUT OF THE OPERATION OF THE DESCRIBED
VEHICLE
Project: Cityride Annual Curb, Gutter, and Sidewalks Repair Program, Project No.210001
,TE
City of Lake Elsinore
130 S. Main Street
Lake Elsinore CA 92530
Tel# 951 -674 -31 24 ext 298
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
-CI,*[]*,nn"uo Grajeda, Lic. Agent starr
ACORD 25 (20141011 The ACORD name and logo ar
988-2014 ACORD CORPORATION. All rights reserved.
ts of ACORD ,1001486 132849.9 O2-O4-20j4
CANCELLATION
PUBLIC WORKS ROUTING
Once the attached documents have been reviewed, please sign and return to Public
Works, at ext. 241
Reviewing Department
Public Works Review
Signature Date
q.tl-t5
City Attorney
City Manager
City Clerk
NAME OF VENDOR:
SUPPORT DOCUMENTS:
lnsurance(s)
Proposa!:
Bonds:
COMMENTS:
altbl6
^/zqlf
DM Contracting
N/A
RECEIVED
sEP I { 2015
CITY CLERK'S OFFICE