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Item No. 03 Change order No. 01 PW CA Wheeler Paving Inc. CIP #Z40004
Text File City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 www.lake-elsinore.org File Number: ID# 16-369 Agenda Date: 9/13/2016 Status: Consent AgendaVersion: 1 File Type: ReportIn Control: City Council Agenda Number: 3) Page 1 City of Lake Elsinore Printed on 9/8/2016 REPORT TO CITY COUNCIL To:Honorable Mayor and Members of the City Council From:Grant Yates, City Manager Prepared by:Jason Simpson, Assistant City Manager Date:September 13,2016 Subject:Approve Change Order No. 1 to Public Works’ Construction Agreement with Wheeler Paving Inc. for the Concrete Flat Work at Rosetta Canyon Sports Park Phase II Project (CIP PROJECT #Z40004) Recommendation That the City Council approve and authorize the City Manager to execute the Change Order No. 1 in the not to exceed amount of $36,555.25 with Wheeler Paving Inc. in the form attached and in such final form as approved by the City Attorney. Background Construction bid documents were prepared and the project was advertised for bid in accordance with the requirements set forth in the California Public Contract Code. On December 11,2015, the City posted on PlanetBids the notice inviting bids for the concrete flat work at Rosetta Canyon Sports Park Phase II Project (CIP PROJECT #Z40004 On May 10, 2016,City Council awarded a Public Work’s Construction agreement to Wheeler Paving Inc. in the amount of $461,280.00 for the Concrete Flat Work at Rosetta Canyon Sports Park Phase II. Discussion The scope of additional work contained in Change Order No.1 is needed to remove 4 inches of sub-grade material for the fire lane access to the concession and restroom building. In addition to the sub-grade material removal, Wheeler Paving will perform concrete flat work in a circumference area around the concession and restroom building totaling 8,450 square feet. This will provide a uniform connection to the concrete flat work be hide each of the five ball fields and extending to the home run fencing, or commonly referred to as the “Star”. Change Order – Wheeler Paving Page 2 Fiscal Impact Rosetta Canyon Sports Park Phase II Project is included in the Fiscal Year 16/17 – 20/21 Capital Improvement Plan (CIP) budget Exhibits A – Wheeler Paving Inc. Proposals – Change Order 1 B – Wheeler Original Agreement 2 DATE: QUANTITY UNIT 8,450.00 SF 5,927.00 SF TOTAL SUM OF 1 Review by: Initials Date Date PRIOR TO THIS CHANGE ORDER CONTRACTOR IS AUTHORIZED TO MAKE THE FOLLOWING CHANGES: Assistant City Manager 0.75$ UNIT PRICE EXTENSIONQUANTITYITEM QUANTITIES DECREASED $4,445.25 $32,110.00 CITY PROJECT # December 1, 2015DATE AWARDED: PROJECT TITLE: Rosetta Canyon Sports Park Wheeler Paving Inc. UNIT PRICE EXTENSION Concrete ITEM Authorized by: Jason Simpson TOTAL AMOUNT OF CONTRACT $461,280.00 QUANTITIES INCREASED CITY OF LAKE ELSINORE 130 S. MAIN STREET LAKE ELSINORE, CA 92530 (951) 674-3124 September 13, 2016 Z40004 PROJECT CHANGE ORDER CHANGE ORDER # THIS CHANGE ORDER IS APPLICABLE TO: CONTRACT AWARDED TO: City Manager: $36,555.25 Approved by: Contractor Change Order No. Director Public Works: THE AMOUNT OF THE CONTRACT WILL BE (INCREASED) BY THE $36,555.25 None 3.80$ Form & Pour 4" PCC Paving (From Building Slab to Limits of work) Remove 4" of subgrade in fire lane area to make room for 8" PCC Section. Project: Rosetta Canyon Sports Park Phase II Additional work Concrete Flatwork around Building Date: Phone: Attn: Fax: Email: 1 8,450.00 SF 3.80$ 32,110.00$ Exclusions As Follows (Unless otherwise noted above): Please sign and return one copy. DR- 6175 CCOR Doug Rash (951) 813-1184 doug@wheelerpaving.com Acceptance of Proposal A signature is required by the responsible party on the lower left hand side of the Contract for acceptance of this proposal. Any deviation or alteration from the above will by executed upon written orders and signed by both parties, and will become an extra charge over and above this proposal. Upon signing this Proposal you agree to pay all attorneys' fees and court costs, in the event that this Contract is turned over to an attorney for payment enforcement. Contractor is not responsible for underground utilities or lines unless such utilities or lines have been properly staked in advance. During the event of sealcoat application, the Contractor will not be responsible for unpredictable weather or damage done to others in barricaded areas. Payment of all amounts owed shall be made no late than due date indicated on invoice, Any amounts not paid by due date shall be subject to a late payment charge of 1 1/2 % per month, or the highest rate allowed by law. In addition, Customer agrees to be responsible for all collection costs and attorneys' fees incurred by Contractor in connection with any delinquent account. All work and materials are guaranteed for one (1) year only. Change order request submitted by: X Permits, Testing, Prevailing Wages, Striping, Removals, AC Repairs, Concrete Repairs, Fog Seal, Sealcoat, Routing , Crackfill, Road Slurry, Water, Water Meter, Latex, Rubber, Posting/Notification, Traffic Control, Traffic Control Plans, Redwood Headers, Base Under Concrete, Grade For Concrete, Prime Coat, Subgrade, Subgrade Compaction, Saw cutting, Grinding, Import/Export of Native Material, Utility adjustment or relocation, Repair of unknown/unforeseen Utilities, Fiber mesh, Rebar or wire mesh, Colored/Decorative concrete, Concrete sealer, Expansion joint caulking, Survey/Layout, SWPPP. The above work will be per formed in accordance to drawings and specifications provided prior to commencing project. All work will be completed in a professional manner for the sum of………………………………………………. Thirty Two Thousand One Hundred Ten Dollars and No Cents Total………………………………………………..$ 32,110.00 Payment due upon completion. Total Form & Pour 4" PCC Paving (From Building Slab to Limits of work) Gus Papagolos gpapagolos@verizon.net Wheeler Paving, Inc. will furnish all required materials which we guarantee will be as specified and will perform all the labor and supply all the equipment required for the completion of the following project: Item No.Description Qty. Unit Unit Price Change Order Request Customer: City of Lake Elsinore 130 S. Main Street Lake Elsinore, CA 92530 8/10/2016 (951) 764-2417 DIR #1000002223 Project: Rosetta Canyon Sports Park Phase II Additional work Fire Lane Grading Date: Phone: Attn: Fax: Email: 1 5,927.00 SF 0.75$ 4,445.25$ Exclusions As Follows (Unless otherwise noted above): Please sign and return one copy. DR- 6175 CCOR - 001 Doug Rash (951) 813-1184 doug@wheelerpaving.com Acceptance of Proposal A signature is required by the responsible party on the lower left hand side of the Contract for acceptance of this proposal. Any deviation or alteration from the above will by executed upon written orders and signed by both parties, and will become an extra charge over and above this proposal. Upon signing this Proposal you agree to pay all attorneys' fees and court costs, in the event that this Contract is turned over to an attorney for payment enforcement. Contractor is not responsible for underground utilities or lines unless such utilities or lines have been properly staked in advance. During the event of sealcoat application, the Contractor will not be responsible for unpredictable weather or damage done to others in barricaded areas. Payment of all amounts owed shall be made no late than due date indicated on invoice, Any amounts not paid by due date shall be subject to a late payment charge of 1 1/2 % per month, or the highest rate allowed by law. In addition, Customer agrees to be responsible for all collection costs and attorneys' fees incurred by Contractor in connection with any delinquent account. All work and materials are guaranteed for one (1) year only. Change order request submitted by: X Permits, Testing, Prevailing Wages, Striping, Removals, AC Repairs, Concrete Repairs, Fog Seal, Sealcoat, Routing , Crackfill, Road Slurry, Water, Water Meter, Latex, Rubber, Posting/Notification, Traffic Control, Traffic Control Plans, Redwood Headers, Base Under Concrete, Grade For Concrete, Prime Coat, Subgrade, Subgrade Compaction, Saw cutting, Grinding, Import/Export of Native Material, Utility adjustment or relocation, Repair of unknown/unforeseen Utilities, Fiber mesh, Rebar or wire mesh, Colored/Decorative concrete, Concrete sealer, Expansion joint caulking, Survey/Layout, SWPPP. The above work will be per formed in accordance to drawings and specifications provided prior to commencing project. All work will be completed in a professional manner for the sum of………………………………………………. Four Thousand Four Hundred Forty Five Dollars and Twenty Five Cents Total………………………………………………..$ 4,445.25 Payment due upon completion. Total Remove 4" of subgrade in fire lane area to make room for 8" PCC Section. Gus Papagolos gpapagolos@verizon.net Wheeler Paving, Inc. will furnish all required materials which we guarantee will be as specified and will perform all the labor and supply all the equipment required for the completion of the following project: Item No.Description Qty. Unit Unit Price Change Order Request Customer: City of Lake Elsinore 130 S. Main Street Lake Elsinore, CA 92530 8/10/2016 (951) 764-2417 DIR #1000002223 CITY OF ,oc� LADE �OLSINORE _�7--V DREAM EXTREME June 2, 2016 Wheeler Paving Inc. Attn: Doug Rash 18432 631d Avenue Riverside, CA 92509 RE: PUBLIC WORKS CONSTRUCTION AGREEMENT Dear Mr. Rash: Enclosed for your files, please find your executed copy of the Public Works Construction Agreement for Rosetta Canyon Sports Park Phase II, CIP Project No. Z40004 BID Set B3. . Please do not hesitate to give this office a call, should you have any questions. Sincerely, Susan M. Domen, MMC City Clerk Enclosure cc: Public Works Department Administrative Services Department 951.674.3124 130 S. MAIN STREET LAKE ELSINORE, CA 92530 WWW.LAKE-ELSINORE.ORG Agreement No, AGREEMENT FOR PUBLIC WORKS CONSTRUCTION (WHEELER PAVING INC.) FOR ROSETTA CANYON SPORTS PARK PHASE -II PROJECT CIP PROJECT NO. Z40004 BID SET "63" Concrete Flat Work, Concrete Bleachers, Accessibility Ramp, Concrete Stepped Seating, Dugout Flooring This Agreement for Public Works Construction ("Agreement") is made and entered into as of May 10, 2016, by and between the City of Lake Elsinore, a municipal corporation ("City") and Wheeler Paving Inc. ("Contractor"). The City and Contractor, in consideration of the mutual promises and covenants set forth herein, agree as follows: 1. The Project and Proiect Documents. Contractor agrees to construct the following public improvements ("work") identified as: ROSETTA CANYON SPORTS PARK PHASE -ll PROJECT CIP PROJECT NO. Z40004 BID SET "133" Concrete Flat Work, Concrete Bleachers, Accessibility Ramp, Concrete Stepped Seating, Dugout Flooring The City -approved plans for the construction of the Project, which are incorporated herein by reference and prepared by STK Architecture Inc., are identified as: Rosetta Canyon Sports Park Phases — II Project BID SET "133" Concrete Flat Work, Concrete Bleachers, Accessibility Ramp, Concrete Stepped Seating, Dugout Flooring The Project Documents include this Agreement and all of the following: (1) the Notice Inviting Bids, Instructions 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 specifications, details, standard plans or drawings and appendices, including all applicable State and Federal requirements; (3) all required bonds, insurance certificates, permits, notices, and affidavits; and (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. Compensation. a. For and in consideration of the payments and agreements to be made and performed by City, Contractor agrees to construct the Project, including furnishing all materials and performing all work required for the Project, and to fulfill ail other obligations as set forth in the total amount of four hundred sixty one thousand two hundred eighty dollars and no cents ($461,280.00). D-1 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 terms 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 Project Documents. 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 discontinuance of the work, and all other unknowns or risks of any description connected with the work. 3. Completion of Work. a. Contractor shall perform all work within Seventy Five 75 working days from the date of commencement specified in the Notice to Proceed and shall complete all work within Seventy Five (M) working days, and shall provide, furnish and pay for all the labor, materials, necessary tools, expendable equipment, and all taxes, utility and transportation services required for construction of the Project. 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 complying with the Project Documents. d. City and Contractor recognize that time is of the essence in the performance of this Agreement and further agree that if the work called for under the Agreement is not completed within the time hereinabove specified, damages will be sustained by the City and that, it is and will be impracticable or extremely difficult to ascertain and determine the actual amount of damages the City will sustain in the event of, and by reason of, such delay. It is, therefore, agreed that such damages shall be presumed to be in the amount of One Thousand dollars 1000) per calendar day, and that the Contractor will pay to the City, or City may retain from amounts otherwise payable to Contractor, such amount for each calendar day by which the Contractor fails to complete the work, including corrective items of work, under this Agreement within the time hereinabove specified and as adjusted by any changes to the work. 4. Changes to Work. City and Contractor agree that the City may make changes to the work, or suspend the work, and no matter how many changes, such changes or suspensions are within the contemplation of the Contractor and City and will not be a basis for a compensable delay claim against the City nor be the basis for a liquidated damages claims against the Contractor. Any change to the work shall be by way of a written instrument ("change order") signed by the City and the Contractor, stating their agreement to the following: D-2 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 Project. 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%) of the contract price in the form that complies with the Project Documents and is satisfactory to the City Attorney. 6. Non-Assi ng ability. Neither this Agreement nor any rights, title, interest, duties or obligations under this Agreement may be assigned, transferred, conveyed or otherwise disposed of by Contractor without the prior written consent of City. 7. Licenses. Contractor represents and warrants to City that it holds the contractor's license or licenses set forth in the Project Documents, is registered with the Department of Industrial 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. Indemnity. 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 forwhich 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. It is understood that the duty of Contractor to indemnify 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. Insurance. Contractor, at Contractor's own cost and expense, shall procure and maintain, for the duration of the Agreement, unless modified by the City's Risk Manager, the following insurance policies. i. Workers' Compensation Coverage. Contractor shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's D-3 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. In the event that Contractor is exempt from Worker's Compensation Insurance and Employer's Liability Insurance 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 Insurance in a form approved by the City Attorney. ii. General Liability Coverage. 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. If 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 Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage. iii. Automobile Liability Coverage. 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 Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 ("any auto"). No endorsement may be attached limiting the coverage. iv. Professional Liability Coverage if applicablel. Contractor shall maintain professional errors and omissions liability insurance appropriate for Contractor's profession for protection against claims alleging negligent acts, errors or omissions which may arise from Contractor's services under this Agreement, whether such services are provided by the Contractor or by its employees, subcontractors, or sub consultants. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims -made annual aggregate basis, or a combined single limit per occurrence basis. b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best's rating of no less than A:VII 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. D-4 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 -Insured 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 insurance. 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 Attn: City Manager 130 South Main Street Lake Elsinore, CA 92530 If to Contractor: Wheeler Paving Inc. Attn: Doug Rash 18432 63rd Avenue Riverside Ca 92509 With a copy to: City of Lake Elsinore Attn: City Clerk 130 South Main Street Lake Elsinore, CA 92530 11. Entire Agreement. This Agreement constitutes the complete and exclusive statement of agreement between the City and Contractor. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement. 12. Amendments. This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 13. Assignment and Subcontracting. Contractor shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or obligations of the Contractor under this Agreement will be permitted only with the express consent of the City. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law. 14. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement. D-5 15. Severability. If 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. Controlling 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. Litigation Expenses and Attorneys' Fees. If 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 faith attempt to resolve any disputes arising out of this Agreement through mediation priorto commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally. If 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 patty shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall near the dispute. If the dispute remains unresolved after mediation, either party may commence litigation. 19. Authority to Enter Agreement 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 otherwise 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 Interests. 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 solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 21. Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 22. Prevailing Wages. 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 Industrial Relations pursuant to Labor Code Sections 1770, 1773, and 1773.2. Copies of these rates and the latest revisions thereto are on file in the office of the City Clerk of the City of Lake Elsinore and are available for review upon request. b. Contractor's attention is directed to the provisions of Labor Code Sections 1774, 1775, 1776, 1777.5 and 1777.6. Contractor shall comply with the provisions of these Sections. The M 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 of the Department of Industrial Relations. Labor Code Section 1776 requires the Contractor and all subcontractors to keep accurate payroll records, specifies the contents thereof, their inspection and duplication procedures and certain notices required of the Contractor pertaining to their location. The statutory penalties for failure to pay prevailing wages will be enforced. If the Project has been awarded to Contractor on or after April 1, 2015, Contractor and its subcontractors must furnish electronic certified payroll records to the Labor Commissioner. Beginning January 1, 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 in the performance of the Agreement. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if the Contractor employs registered apprentices or journeymen in any apprenticeable trade and if other contractors on the public works site are making such contributions. Information relative to apprenticeship standards, contributions, wage schedules and other requirements may be obtained from the State Director of Industrial Relations or from the Division of Apprenticeship Standards. Labor Code Section 1777.6 provides that it shall be unlawful to refuse to accept 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. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. [Signatures on next page] D-7 IN 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 Grant Ya sfCity Manager ATTEST: C erk "CONTRACTOR" Wheeler Paving Inc. Richard Wheeler, President .: ISSUED IN TWO ORIGINAL COUNTERPARTS BONr, No. GSM32774 COUNTERPART NO. — OF Z PREMIUM $ 4,613.00 ORIGINAL FAITHFUL PERFORMANCE BON1t] TA P41EIalUM i5 pHEE'<]IClITID ON (100% of Total Contract Amount) THE fillAL C0IfiR1tiCT PRICE AND IS SUBJECT TO ABJUSiMENT.. KNOW ALL MEN AND WOMEN BY THESE PRESENTS: THAT WHEREAS, the City Council of the City of Lake Elsinore, State of California, known as "City," has awarded to Wheeler Paving Inc, as Principal hereinafter designated as "Contractor" and have entered Into a Contract Agreement whereby the Contractor agrees to construct or Install and complete certain designated public improvements, which said Contract Agreement, effective on the date signed by the Mayor, and identified as ROSETTA CANYON SPORTS PARK PHASE -II PROJECT CIP PROJECT NO. Z40004 BID SET "133" Concrete Flat Work, Concrete Bleachers Masonry Retaining Walls Retaining Wall, Accessibility Ramp, Concrete Stepped Seating, Dugout Flooring Is hereby referred to and made a part hereof; and WHEREAS, said Contractor under the terms of said Contract Agreement is required to furnish a bond guaranteeing the faithful performance of said Contract Agreement; NOW THEREFORE, we the undersigned Contractor and The Gray Insurance Company as Surety, are held and firmly bound unto the City of Lake Elsinore, County of Riverside In the penal sum of (1) dollars ($ 461,280,00, lawful money of the United States, to be paid to the said City or Its certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, Jointly and severally, firmly by these presents, (1) Four Hundred Sixty One Thousand Two Hundred Eighty and 00/100 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 indemnify and save harmless the City of Lake Elsinore, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise It shall be and remain In full force and effect. In the event suit is brought upon this bond by the City and Judgment is recovered, the Surety shall pay all costs Incurred by the City in such suit, including a reasonable attorney fee to be fixed by the court. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract Agreement or to the work to be performed thereunder, or the 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, (SIGNATURE PAGE FOLLOWS) M• BOND NO. GSM32774 SIGNA7URE PAGE TO FAITHFUL PERFORMANCE BOND IN WITNESS WHEREOF, we have hereunto set our hands, and seals on this 23rd day Of May 2016 :1111101 Contractor Name: Wheeler Paving, Inc. Address: 8432 63rd Avenue Riverside, CA 92509 Telephone No,: 951-685-7283 Print Name:'&J'�akr -it, Signature: z , Approved as to Form this day of M6 [d,_ T,�LjO� CitWtorney City of Lake Elsinore SURETY: Name: The Gray Insurance Company Address: 10040 N. 25th Avenue, Suite 118 Phoenix, AZ 85021 Telephone No.: 602-354-3117 Print Name: Julia B. Gladding horn -in-Fact Signature: NOTE: This bond must be executed by both parties. Corporate seal may be affixed hereto. All signatures must be acknowledged before a oolga public attach acknowledgments). The attorney -In -fact for the corporate surety must be registered, as such, in at least one county In the State of California. (Attach one original Power of Attorney sheet for each bond). D-10 THE GRAY INSURANCE COMPANY THE GRAY CASUALTY & SURETY COMPANY 199719 GENERAL POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS, THAT The Gray Insurance Company and The Gray Casualty & Surety Company, corporations duly organized and existing under the laws of Louisiana, and having their principal offices in Metairie, Louisiana, do hereby make, constitute, and appoint Julia B. Gladding and Kenneth A. Coate of Riverside, California jointly or severally on behalf of each of the Companies named above its true and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its deed, bonds, or other writings obligatory in the nature of a bond, as surety, contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed the amount of $10,000,000. This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both The Gray Insurance Company and The Gray Casualty & Surety Company at meetings duly called and held on the 261h day of June, 2003. "RESOLV ED, that the President, Executive Vice President, any Vice President, or the Secretary be and each or any of them hereby is authorized to execute a power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings, and all contracts of surety, and that each or any of them is hereby authorized to attest to the execution of such Power of Attorney, and to attach the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be binding upon the Company now and in the future when so affixed with regard to any bond, undertaking or contract of surety to which it is attached. IN WITNESS WHEREOF, The Gray Insurance Company and The Gray Casualty & Surety Company have caused their official seals to be hereinto affixed, and these presents to be signed by their authorized officers this 12th day of September, 2011. iSAJ n h� By: r Attest: ` /f,� �R'=Y d •8�a ,.. Ck �{ 0� SEALb Michael T. Gray Mark S. MangunoSEAL i y *� President, The Gray Insurance Company Secretary, and The Gray Insurance Company, ' •...... ' Vice President, The Gray Casualty & Surety Company The Gray Casualty & Surety Company State of Louisiana ss: Parish of Jefferson On this 1211 day of September, 2011, before me, a Notary Public, personally appeared Michael T. Gray, President of The Gray Insurance Company and Vice President of The Gray Casualty & Surety Company, and Mark S. Manguno, Secretary of The Gray Insurance Company and The Gray Casualty & Surety Company, personally known to me, being duly sworn, acknowledged that they signed the above Power of Attorney and affixed the seals of the companies as officers of, and acknowledged said instrument to be the voluntary act and deed, of their companies. i,wunniun„ Lisa S. Millar, Notary Public, Parish of Orleans a „ IVY State State of Louisiana �r •.. ,.....r $, My Commission is for Life h rrlr � 1, Mark S. Manguno, Secretary of The Gray Insurance Company and The Gray Casualty & Surety Company, do hereby certify that the above and forgoing is a true and correct copy of a Power of Attorney given by the companies, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this day of MAY A 3 2016 ;r SEA L ti �.i SEAL Mark S. Manguno, Secretary „k The Gray Insurance Company f '�•».�"'� ` ` '� The Gray Casualty & Surety Company CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County Of _ Riverside _ ) On MAY 2 3 2016 before me, Stephanie D. Fisher, Notary Public Date Here Insert Name and Title of the Officer personally appeared Julia B. Gladding Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persons} whose name* is/are subscribed to the within instrument and acknowledged to me that *te/she/therexecuted the same in -htis/her Meir authorized capacity", and that by #pis/her/eir-signature(syon the instrument the person(# or the entity upon behalf of which the persons} acted, executed the instrument. ST��HMAMN # n2 FISHER ::• +•� NOTARY PUBLIC IF NIA RIVERSIDE COUNTY ICY Comm, I>< JuM 18, 2011 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 icia Signature. Signature tary 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: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Julia B. Gladdina ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑x Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: no other signers ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association - www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 BOND NO, GSM32774 ISSUED IN TWO ORIGINAL COUNTERPARTS COUNTERPART NO. OF PREMIUM $ INCLUDED IN THE s nrG� `tAL PREMIUM CHARGED FOR THE 01U LABOR AND MATERIALS BOND PERFORMANCE BOND (100% of Total Contract Amount) KNOW ALL MEN AND WOMEN BY THESE PRESENTS THAT WHEREAS, the City Council of the City of Lake Elsinore, State of California, known as "City", has awarded Wheeler Paving Inc., as Principal hereinafter designated as "Contractor" and have entered Into a Contract Agreement whereby the Contractor agrees to construct or Install and complete certain designated public improvements, which said Contract Agreement, effective on the date signed by the Mayor, and identified as ROSETTA CANYON SPORTS PARK PHASE -II PROJECT CIP PROJECT NO. Z40004 BID SET "133" Concrete Flat Work, Concrete Bleachers Masonry Retaining Walls Retaining Wall, Accessibility Ramp, Concrete Stepped Seating, Dugout Flooring Is hereby referred to and made a part hereof; and WHEREAS, said Conti -actor under the terms of said Agreement 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 and The Gray Insurance Company , as Surety are held and firmly bound unto the City of Lake Elsinore, County of Riverside, In the penal SUM of Four Hundred Sixty One Thousand Two Hundred Eighty and 00/100 dollars �$ 461.280.00 7, 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 IS SUCH, that if sald Contractor, his or her or its heirs, executors, administrator, successors or assigns, or subcontractors, shall fall to pay any of the persons described In the California Civil Code Section 3181, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or any amounts required to be deducted, withheld, and pald 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 Insurance 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 shall be void. In 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 attorney fee to be fixed by the court. This bond shall inure to the benefit of any of the persons described in California Civil Code Section 3181, to give a right of action to such persons or their assigns In any suit brought upon this bond. (SIGNATURE PAGE FOLLOWS) BOND NO. GSM32774 SIGNATURE PAGE TO LABOR AND MATERIALS BOND IN WITNESS WHEREOF, we have hereunto set our hands, and seals on this 23rd day of May 2016 BIDDER: Contractor Name: Wheeler Paving, Inc. Address: 8432 63rd Avenue Riverside, CA 92509 Telephone No.: 951685-7283 Print Name: ' r E' ' rkI Signature: Approved as to Form this day of ' 4 "'C City orney City of Lake Elsinore SURETY: Name: The Gray Insurance Company Address: 10040 N. 25th Avenue, Suite 118 Phoenix, AZ 85021 Telephone No.: 602-354-3117 Print Name: Julia B. Gladding borne �Jn-Fact Signature: i NOTE: This bond must be executed by both partles, Corporate seal may be affixed hereto. All signatures must be acknowledged before a notary ublic attach acknowledgment . 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). THE GRAY INSURANCE COMPANY THE GRAY CASUALTY & SURETY COMPANY 199720 GENERAL POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS, THAT The Gray Insurance Company and The Gray Casualty & Surety Company, corporations duly organized and existing under the laws of Louisiana, and having their principal offices in Metairie, Louisiana, do hereby make, constitute, and appoint Julia B. Cladding and Kenneth A. Coate of Riverside, California jointly or severally on behalf of each of the Companies named above its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its deed, bonds, or other writings obligatory in the nature of a bond, as surety, contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed the amount of $10,000,000. This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolulions adopted by the Boards of Directors of both The Gray Insurance Company and The Gray Casualty & Surety Company at meetings duly called and held on the 261h day of June, 2003. "RESOLV ED, that the President, Executive Vice President, any Vice President, or the Secretary be and each or any of them hereby is authorized to execute a power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings, and all contracts of surety, and that each or any of them is hereby authorized to attest to the execution of such Power of Attorney, and to attach the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be binding upon the Company now and in the future when so affixed with regard to any bond, undertaking or contract of surety to which it is attached. IN WITNESS WHEREOF, The Gray Insurance Company and The Gray Casualty & Surety Company have caused their official seals to be hereinto affixed, and these presents to be signed by their authorized officers this 12th day of September, 2011. S u a ti, By: � Attest: /fjJ a P � SEAL rjn Michael T. Gray Mark S. Manguno ,� �' a President, The Gray Insurance Company Secretary, y�`"'"* " 4 and The Gray Insurance Company, �••.*. f Vice President, The Gray Casualty & Surety Company The Gray Casualty & Surety Company State of Louisiana ss: Parish of Jefferson On this 12th day of September, 2011, before me, a Notary Public, personally appeared Michael T. Gray, President of The Gray Insurance Company and Vice President of The Gray Casualty & Surety Company, and Mark S. Manguno, Secretary of The Gray Insurance Company and The Gray Casualty & Surety Company, personally known to me, being duly sworn, acknowledged that they signed the above Power of Attorney and affixed the seals of the companies as officers of, and acknowledged said instrument to be the voluntary act and deed, of their companies. * *€ Lisa S. Millar, Notary Public, Parish of Orleans 8 j°ua�w .f+a State of Louisiana ••.••.�';9`p My Commission is for Life rnaFi X4 e I, Mark S. Manguno, Secretary of The Gray Insurance Company and The Gray Casualty & Surety Company, do hereby certify that the above and forgoing is a true and correct copy of a Power of Attorney given by the companies, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this day of MAY, 2 3 2016 - ra, SEAL SEAL Mark S. Manguno, Secretary �•ti �' The Gray Insurance Company a •..........• '4 The Gray Casualty & Surety Company 0 CALIFORNIA ALL-PURPOSE . O. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County Of Riverside On.. MAY 2 3 2016 before me, Date personally appeared Stephanie D. Fisher, Notary Public Here Insert Name and Title of the Officer Julia B. Gladdinc Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(4 whose names} is/are subscribed to the within instrument and acknowledged to me that fae/shelthey-executed the same in 4is/her heir authorized capacity(ies), and that by his/herAheiwsignature(syon the instrument the persons} or the entity upon behalf of which the persons} acted, executed the instrument. W HANIE D. FISHER MM. #2028911 RY RUSUG • CALIFORMA IVERSIDE COUNTY w Expires JUN fB, 2017 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 offic' 1 al. Signature Si na tu4eKNotary 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: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name:, Julia s. Gladdinca ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑x Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: no other signers ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2014 National Notary Association • www. National Notary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of ) On M(riV ')--A i �-_ before me, Date ., r Hgre tnsgrt Name and Title of 6 Officer personally appeared of Signer(} who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. M.SALAIA1 COMM. #2076184 Notary Public • California San Bomarding County Cor m, DON July 24 2018 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. 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. Signature le 2 Signatu o o ry Public Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator M Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California1f�e ) County of V �� S& ) On before me, Vila )Ncm� � � 1 Date�jere Ins rf Name and T le the Officer personally appeared _�kvlw Name{ j of Signer( who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their 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 of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. E$aanryBi.e':rnard1n:oCountY 6184 xSignaturelifornia c Signat f Notary z ountY w1a 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: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: _ Signer Is Representing: 4 Signer's Name: _ ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association • www.NationalNotary.org - 1 -800 -US NOTARY (1-800-876-6827) Item #5907 CONSTRUCTION OR SERVICE CONTRACT Unless waived or modified by the City Engineer, the following endorsement shall be attached to and made a part of all policies insuring the liability of any person, form or corporation performing services under contract for the City of Lake Elsinore. Notwithstanding any inconsistent expression in the policy to which this endorsement is attached, or in any other endorsement now or hereafter attached thereto, or made a part thereof, the protection afforded by said policy shall: 1. Include the City of Lake Elsinore as an additional insured. (To include the elected officials, appointed officials, and employees.) 2. Indemnify 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 -II PROJECT CIP PROJECT NO. Z40004 BID SET "63" Concrete Flat Work, Concrete Bleachers Masonry Retaining Walls Retaining Wall, Accessibility Ramp, Concrete Stepped Seating, Dugout Flooring This hold harmless assumption on the part of the underwriters shall include all costs of investigation and defense, including claims based on damage to substructures not shown, not located on the plans, or shown incorrectly. 3. Not be cancelled except by notice to the City Attorney of the City of Lake Elsinore at least thirty (30) days prior to the date of cancellation. 4. Provide single limit for Bodily Injury Liability and Property Damage Liability combined, $1,000,000 each Occurrence, and $2,000,000 Aggregate. 5. Limited classifications, restricting endorsements, exclusions or other special provisions contained in the policy shall not act to limit the benefits of coverage as they shall apply to the City of Lake Elsinore as enumerated in this endorsement. However, nothing herein contained shall affect any rights of the insurer against the insured. 6. It 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) That the Contractor specifically agrees to comply with applicable provisions of Section 1777.5 of the Labor Code relating to the employment by contractor or subcontractor under it, of journeyman or apprentices, or workmen, in any apprenticeable craft or trade. (b) By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. The limits of liability as stated in this endorsement apply to the insurance afforded by this endorsement notwithstanding that the policy may have lower limits of liability applying elsewhere in the policy. Duly Authorized Agent Attached to and forming part of Policy No of the Date: Expiration Date: WORKERS' 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: "I 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." Contra,cctor I By: 4j-Lk—A—eO( Print Name Signature 1 Title Date Section 3700 of the California Labor Code reads as follows: "Every employer except the State shall secure the payment of compensation in one or more of the following ways: (a) By being insured against liability to pay compensation in one or more insurers duly authorized to write compensation insurance in this state. (b) By securing from the Director of Industrial Relations a certificate of consent to self -insure, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self -insure and to pay any compensation that may become due to his employee." WHEELER PA AGARCIA TE CERTIFICATE OF LIABILITY INSURANCE I DA5/12/DDIY2016 5112/6 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER NAME: The Wooditch Company Insurance Services, Inc. 1 Park Plaza, Suite 400 Irvine, CA 92614 INSURED Wheeler Paving, Inc. 8432 63rd St. Riverside, CA 92509 PHANE ig49) 553-9800 A Ne): (949) 553-0670 INSURER(S) AFF0R0tNG COVERAGE MAIC N INSURER A: Wesco Insurance Company 25011 INSURERB;.Everest National Insurance Co. 10120 INSURER C INSURER D INSURER E COVERAGES_ CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. .0 TYPE OF INSURANCE ❑ POLICY NUMt1E l+ 711MIDDMIDWYYYY A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ❑XOCCUR X X WPP117799401 /0112016 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY[ jE F LOC AUTOMOBILE LIABILITY A X ANY AUTO X X VVPP117799401 08101/2015 08101/2016 ALL SCHEDULED AUTOS OWNED AUTOS NONOWNED HIRED AUTOS AUTOS UMBRELLA LIAB OCCUR EXCESS LIAB CLAIMS -MADE DCO RETENTIONR WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y B ANY PROPRIETOR(PARTNER/EXECUTIVE ❑ NIA X CA -10002544-1151 OFFICZPdMEMBER EXCLUIJEU'r (Mandatory In NH) lyes. describeundar ! o Cr:RIPTiniq r)F nPFRAT IONS bralow I LIMITS EACH OCCURRENCE I $ 1,000,000 LiA[f3ETt7ftENTE[i— .,,,_.. � 100,000 MED EXP (Any one person) S PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG S C MBINE SI GLE LI I $ Ee accidsnl BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PRO Y "AMA $ Per acckie,H EACH OCCURRENCE $ AGGREGATE $ Is 12/1112015 12/11/20161 E.L. EACH ACCIDENT 1 $ E.L. DISEASE - EA I=MPt,DYE $ E.L. DISEASE - POLICYHMIT $ 1,00 1,00 1,00 1.00 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) RE: All operations performed by the Named Insured during the current policy period. glaipwv/auaiwv/wcwv City of Lake Elsinore, its elected or appointed officers, officials, employees, agents and volunteers are included as Additional Insureds as respects General Liability and Auto Liability per attached endorsements. This insurance shall apply as Primary :.,nd Non -Contributory per attached endorsement. Waiver of Subrogation for General Liability, Auto Liability and Workers' Compensation: See Attached Endorsements. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Lake Elsinore ACCORDANCE WITH THE POLICY PROVISIONS. 130 South Main Street Lake Elsinore, CA 92530 AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD ACRD AGENCY AGENCY CUSTOMER ID: WHEELER PA LOC #: 0 AGARCIA ADDITIONAL REMARKS SCHEDULE Page 1 of 1 Wheeler Paving, Inc. 8432 83rd St. POLICY NUMBER Riverside, CA 92509 'EE PAGE 1 CARRIER NAIC CODE )EE PAGE 1 SEI~ P 1 EFFECTIVE DATE: SEE PAQE 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Cancellation *Except 10 days notice of Cancellation for non-payment of premium. *Should this policy be cancelled before the expiration date, The Wooditch Company will mail 30 (thirty) days written notice to those Certificate Holders which require such action per contract or agreement.* ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER:WPP1177994 01 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -- SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization s) Locations Of Covered Operations _ Blanket as required by written contract. It is agreed that such insurance as Is afforded by this policy for the benefit of the additional insured shown shall be primary insurance, and any other insurance maintained by the additional insured(s) shall be excess and noncontributory as respects any claim, loss or IIability allegedly arising out of the operations of the named insured, provided however that this insurance will not apply to any claim loss or liability which is determined to be solely the result of the additional insured's negligence or solely the additional insured's responsibility. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but 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. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Pagel of 3 B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (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 other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. Page 2 of 3 ©Insurance Services Office, Inc., 2012 CG 20 10 04 13 C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 10 0413 © Insurance Services Office, Inc., 2012 Page 3 of 3 ❑ POLICY NUMBER: WPP1177994 01 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations t as required by written contract. Blanket as required by written contract. Information required to complete this Schedule, if not shown above. will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 37 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 WPP 1177994 01 COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. CG 20 01 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: WPP1177994 01 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Blanket as required by written contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or ..your work" done under a contract with that person or organization and included in the "products - completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 C3 POLICY NUMBER: WPPI177994 01 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless mod- ified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provi- sion of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: 08/01/2015 Countersigned By: at 12:01 AM standard time Named Insured: Wheeler Paving, Inc.. (Authorized Representative) SCHEDULE Name of Person(s) or Organization(s): Blanket as required by written contract (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to. the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 CI POLICY NUMBER: WPPI177994 01 COMMERCIAL AUTO CA 04 44 03 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Wheeler Paving, Inc. Endorsement Effective Date: 08/01/2015 SCHEDULE Name(s) Of Person(s) Or Organization(s): Blanket as required by written contract Information required to co lete this Schedule, if not shown a The Transfer Of Rights Of Recovery Against Oth- ers To Us Condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "ac- cident" or the 'loss" under a contract with that person or organization. will be shown in the Declarations. CA 04 44 03 10 © Insurance Services Office, Inc., 2009 Page 1 of 1 13 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA 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 apples only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE PERSON OR ORGANIZATION JOB DESCRIPTION ANY PERSON OR ORGANIZATION FOR AS DESIGNATED IN WRITTEN CONTRACT WHOM THE NAMED INSURED HAS AGREED WITH THE NAMED INSURED. BY WRITTEN CONTRACT TO FURNISH THIS WAIVER. -1998 by the Workers' Compensatlon Insurance Rating Bureau of California. All rlgtft reserved. From the WCIRB's California Workers' Compensation Insurance Forms Manual -1999. AGENT COPY