HomeMy WebLinkAboutItem No. 11 Change Order No. 3 PW CA Hellas Construction Rosetta Canyon SP Phse II CIP Z40004Text File
City of Lake Elsinore 130 South Main Street
Lake Elsinore, CA 92530
www.lake-elsinore.org
File Number: ID# 16-377
Agenda Date: 9/13/2016 Status: Consent AgendaVersion: 1
File Type: ReportIn Control: City Council
Agenda Number: 11)
Page 1 City of Lake Elsinore Printed on 9/8/2016
REPORT TO CITY COUNCIL
To: Honorable Mayor and Member of the City Council
From: Grant M. Yates, City Manager
Prepared by: Jason Simpson, Assistant City Manager
Date: September 13, 2016
Subject: Change Order No. 3 to Public Works’ Construction Agreement with Hellas
Construction for the Synthetic Turf Installation at Rosetta Canyon Sports
Park Phase II Project (CIP PROJECT #Z40004)
Recommendations
Approve and authorize the City Manager to execute Change Order No. 3 in the not to exceed
amount of $66,783.06 with Hellas Construction Inc.
Background
Last fiscal year, following a competitive bid procedure, the City Council awarded a public works
construction contract to Hellas Construction for Synthetic Turf Installation at Rosetta Canyon
Sports Park in the amount of $1,171,779.59. A couple of minor change orders in the amount of
$31,036.75 have been previously approved for a total of $1,202,816.34.
Discussion
In August 2016 while Hellas Construction was on-site beginning installation of the Football Field,
staff determined that additional road base was needed to improve leveling of the fields to protect
the synthetic turf from the site’s extensive crushed rock and granite upon installation of the base
seal and synthetic turf itself. In order to minimize construction delays and maximize efficiencies
of using a contractor already on-site, it was determined to request a quote from Hellas
Construction to not only balance the ball fields and bring in additional road base material, but
also to install pitching mounds, bases, home plates and football field goal posts while they were
installing the synthetic turf. Since Hellas was familiar with the project, had already mobilized on-
site, and holds expertise in athletic field construction, it was determined that a change order
would provide a monetary advantage and would be appropriate in order to meet time deadlines.
Change Order No. 3 – Hellas Construction – Rosetta Canyon Park
September 13, 2016
Page 2
Fiscal Impact
Rosetta Canyon Sports Park Phase II Project is included in the Fiscal Year 15/16 – 19/20
Capital Improvement Plan (CIP) budget.
Exhibits:
A – Change Order 3
B – Change Orders 1 and 2
C – Original Agreement - Hellas
CHANGE ORDER 3A
CHANGE ORDER 1 1
2
LAIG..@,LSINOre
-r-t-- DREAM EXTREME
April 7, 2016
Hellas Construction, lnc.
Attn: Tommy McDougal
12710 Research Boulevard, Suite 240
Austin, TX 78759
RE: PUBL]C WORKS CONSTRUCTION AGREEMENT
Dear Mr. McDougal:
Enclosed for your files, please find your executed copy of the Public Works
Construction Agreement for Rosetta Canyon Sports Park Phase ll, CIP Project
No. 240004 BID Set "E".
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- E LS INORE.ORC
Agreement No
AGREEMENT FOR PUBLIC WORKS CONSTRUCTION
( H E LLAS CO,VS TRUCT| O N, I N C.)
FOR ROSETTA CANYON SPORTS PARK PHASE{I PROJECT
ctP PROJECT NO. z40004
BID SET "E"
This Agreement for Public Works Constructlon ('Agreement") is made and entered into as of
December 8,2015, by and between the City of Lake Elsinore, a municipal corporation ("City") and
Hellas Construction, lnc. ("Contractor").
The City and Contractor, in consideration of the mutual promises and covenants set forth
herein, agree as follows:
1, The Proiect and Proiect Docqments. Contractor agrees to construct the following public
improvements ("work") identified as:
ROSETTA CANYON SPORTS PARK PHASE-|! PROJECT Ctp PROJECT NO.24009
Bid Set'E'
The City-approved plans for the construction of the Project, which are incorporated herein by
reference and prepared by STK Architecture lnc,, are identified as:
Rosetta Canyon Sports Park Phases - ll Project
Bid Set'E'
The Project Documents include this Agreement and all of the following: (1) the Notice lnviting
Bids, lnstructions to Bidders, Bid Documents including Bidder's Proposal as submitted by the
Contractor, Contract Documents, General Specifications, Special Provisions, and all attachments and
appendices; (2) everything referenced in such documents, such as 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 pad 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 all other obligations as set forth in the Bidder's
Proposal, such contract price being one million one hundred seventy one thousand seven hundred
seventy nine dollars and fifty nine cents ($1 ,171 ,779.59).
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
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conditions herein contained and referred to, for the prices set forth, and hereby conlracts to pay the
same at the time, in the manner, and upon the conditions set fo(h in lhe Project Documents.
c. Contraclor agrees to receive and accept the prices set forth in the Bidder's
Proposal as full compensation for furnishing all materials, performrng all work, and fulfillang all
obligations hereunder. Such compensation shall cover all expenses, losses, damages, and
consequences arising out of the nature of work during ils 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 ln 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. Comoletion of Work.
a, Contractor shall perform all work wjthin Fortv-five (45) working days from the
date of commencement specified in the Notice to Proceed and shall complete all work within Fortv-
!!yg.j€l 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
Proiect.
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 thal 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 wilhin three (3) working days of the date of occurrence of the act or omission
preventing the Contractor from fully complying with the Pro,iect Documents.
d. City and Contraclor 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 speclfied, damages will be sustained by the City and that, it is and will be
impracticable or extremely difficult to asceriain and determine the actual amount of damages the City
will sustain in the event of, and by reason of, such delay. lt is, therefore, agreed that such damages
shall be presumed to be in the amount of Five Hundred dollars {$500) per calendar day, and that the
Contractor will pay to the City, or City may retain from amounts otheMise payable to Conlractor, such
amount for each calendar day by which the Contractor fails lo complete the work, including corrective
items of work, under this Agreement within the lime hereinabove specified and as adjusted by any
changes to the work
4. Chanoes 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
wilhin 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 inslrument ("change ordea') signed by the
City and the Contractor, stating their agreement to the following:
a. The scope of the change in the work;
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b. The amount of the adjustment to the contract pricet 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 Proiecl. 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 (100q/o) of the contract price in the
form that complies with the Project Documents and is satisfactory to the City Attorney.
6. Non-Assiqnabilitv. Neither this Agreement nor any rights, title, interest, duties or
obligations under this Agreenent may be assigned, transfened, 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 licensos set forth in the Project Docum€nts, is registered with the Department of lndustrial
Relations pursuant to Labor Code Section 1725.5 as of March 1, 2015, and holds such other licenses,
permits, qualifications, insurance and approvals of whatsoever nature which are legally required of
Contractor. Contraclor 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. lndemnity 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 enent caused, in whole or in part, by the willful misconduct or negligent acls or omissions of
Contractor or its employees, subcontractors, or agents, by acts for which they could be held strictly
liable, or by the quality or character of their work. The foregoing obligation of Contractor shall not
apply when (1) the injury, loss of life, damage to property, or violation of law arises from the sole
negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the
actions of Contractor or its employees, subcontractor, or agents have contributed in no pa( 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 oI lhe
California Civil Code. Acceptance by City of insurance certificates and endorsements required under
this Agreement does not relieve Contractor from liability under this indemnificalion and hold harmless
clause. This lndemnification 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. lnsuranceReouirements,
a. lnsurance. Contractor, at Contractofs own cost and expense, shall procure and
mainlain, for the duration of the Agreement, unless modified by the City's Risk Manager, the following
insurance policies.
i. Workers' Compensation Coveraqe. Contractor shall maintain Workers'
Compensation lnsurance and Employer's Llability lnsurance for his/her employees in
accordance with the laws of the State of California. ln addition, Contractor shall require each
subcontractor to similarly maintain Workers' Compensation lnsurance and Employer's Liability
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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 Coveraoe. Contractor shall maintain commercial
general liability insurance in an amount not less than one million dollars ($'1,000,000) per
occurrence for bodily injury, personal injury and property damage. lf a commercial general
liability insurance form or other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed under this Agreement or the
general aggregate limit shall be at least twice the required occurrence limit. Required
commercial general liability coverage shall be at least as broad as lnsurance Services Office
Commercial General Liability occurrence form CG 0001 (ed. 11/88) or lnsurance Services
Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and
lnsurance Servrces 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 1 ("any auto"). No endorsement may be attached limiting the coverage,
iv. Professional Liabilitv Coveraqe [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: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 respecls 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 offlcers, officials, employees or agents.
v. Any failure to comply with reporting provisions of the policies shall not
affect coverage provided to ihe 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, Conlraclor shall
demonstrate financial capability for payment of such deductibles or self-insured retentions.
d. Certiricates of lnsurance. Contractor shall provide certificates of insurance with
original endorsements to City as evidence of the insurance coverage required herein. Certificates of
such insurance shall be filed with the City on or before commencement of performance of this
Agreemenl, Current cerlification 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.
lf to City; City of Lake Elsinore With a copy to: City of Lake Elsinore
Attn: City Manager Atln: City Clerk
130 South Main Street 130 South Main Street
Lake Elsinore, CA 92530 Lake Elsinore, CA 92530
lf to Contractor: Hellas Construction, lnc.
Attn: Tommy McDougal
12710 Research Blvd. Ste 240
Austin, TX 78759
1 1. Entire Aqreement. This Agreement constitutes the complete and exclusive statement of
agreement between the City and Conlractor. All prior written and oral communications,
including correspondence, drafts, memoranda, and representations, are superseded in total by
this Agreement.
12. Amendments. This Agreernent 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. Assionment and Subcontractino. Contractor shall be fully responsible to City for all acls
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 belween 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 olhen/vise is required by law.
14. [qjyg1. 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.
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15. Severabilitv. lf any term or portion of this Agreement is held to be invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this
Agreement shall continue in full force and etfect.
16. Controllino 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 . 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 coud 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 oul of this Agreement through mediation prior to commencing litigation. The parties shall
mutually agree upon the mediator and share the costs of mediatron 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 provade the parties with the names of five qualified mediators. Each party shall have the option to
strike two of the five mediators selected by JANitS and thereafter the mediator remaining shall hear the
dispute. lf the dispute remains unresolved after mediation, either party may commence litigation.
19. Authorilv to Enter Aoreement and Administfation. Contractor has all requisite power
and authorily 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 respeclive pa(y. The City Manager rs authonzed
to enter into an amendment or otheMise take action on behalf of the City to make the following
modifications to the Agreement: (a) a name change; (b) grant extensions of time: (c) non-monetary
changes in the scope of services; and/or (d) suspend or terminate the Agreement. The Director of
Public Works shall act as the Project administrator on behalf of the City.
20. Prohibited lnterests. Contractor maintains and warrants that it has nol employed nor
retained any company or person, other than a bona fide employee working solely for Contractor, to
solicit or secure this Agreement. Further, Conlractor 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 Agreemenl. 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 Ooportunity Emplovment. Contractor represents that it is an equal opportunity
employer and it shall not discnminate 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 activitres related to initial employment,
upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
22. Prevailinq Waqes
a. Contractor and all subcontractors shall adhere to the general prevailing rate of
per diem wages as determined and as published by the State Director of the Department of lndustrial
Relations pursuant to Labor Code Sections 1770, 1773, and 1773.2. Copies of these rates and the
latest revisions thereto are on file in the office of the City Clerk ot 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. Conlraclor shall comply with the provisions of these Sections. The
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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
subcontractors to pay not less than the prevailing wage rates to all workmen employed in
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 lndustrial Relations. Labor
Code Section 1776 requires the Contractor and all subcontractors to keep accurate payroll records,
specifies the contents thereof, their inspection and duplication procedures and certain notices required
of the Contractor pedaining to their location. The statutory penalties for failure to pay prevailing wages
will be enforced. lf the Project has been awarded to Contractor on or afterApril 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. lnforrnation relative to apprenticeship standards, contributions, wage
schedules and other requirements may be obtained from the State Director of lndustrial Relations or
from the Division of Apprenticeship Standards. Labor Code Section 1777.6 provides that it shall be
unlawful to refuse to accept othenruise qualified employees as registered apprentices solely on the
grounds of race, religious creed, color, national origin, ancestry, sex, or age,
e. Eight hours labor constitutes a legal day's work, as set fotlh in Labor Code
Section 1810.
23. Execution. This Agreement may be executed in several counterparts, each of which
shall constitute one and the same instrument and shall become binding upon the parties when at least
one copy hereof shall have been signed by both parties hereto. ln approving this Agreement, it shall
not be necessary to produce or account for more than one such counterpart.
[Signatures on next page]
all
the
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lN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the date first written above.
.CITY'
CITY OF LAKE ELSINORE, a municipal
corporation
ATTEST:
,CONTRACTOR'
Hellas Construction, lnc.
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BOND NO.022052116
PREMTUM si"_93199
FAITHFUL 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 to Hellas Construction, lnc. 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 publiclmprovements, which said Coniract Agreement, effective on the date signed
by the Mayor, and identified as
ROSETTA CANYON SPORTS PARK PHASE{I PROJECT
CIP PROJECT NO. Z4OOA4
BID SET "E"
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
,asSu6i$rrifl5FdlBtd.fiei&Ed,U)6h$.qqogffitheCitvofLakeElsrnore,CountvofRiversideinthepenal
sum ofs-.r""n'nr-nala-s.i..ryrvin. dollars ($1'171'779'59 - ), lawful.money of the United
States,itscertainattorney,jtssuccessorsandassigns;forwhich
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 COND|TION OF TH|S OBLTGATTON tS 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 weil 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
an'd performed at the time and in the manner therein specified, and in all respects according to their
true intent and rneaning, and shalt indemnify and save harmless the City of Lake Elsinore, its officers,
agents and employuel, u" therein stipulated, then this obligation shatl become null and void;
othenriise it shall be and remain in futl force and effect. ln the event suit is brought upon this bond by
the City and judgment is recovered, the Surety shall pay all costs incurred by the City in such suit,
including a reasonable attorney fee to be fixed by the court.
The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to
the terms of the Coniract Agreement or to the work to be pedormed thereunder, or the Provisions
accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive
notice of iny such change, extension of time, alteration or addiiion to the terms of the Contract
Agreement or to the work or the Provisions'
(SIGNATURE PAGE FOLLOWS)
** LIBERTY MUTUAL INSURANCE COMPANY, AS SUTETY
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BOND NO. 022052116
F
IN
of
WITNESS WHEREOF,
January 20 16
BIDDER:
C o ntracto r N a rne : H9le jgfJgSgn,-lg
12710 Research Blvd., Ste. 240
Telephone No.:
Print Name
we have hereunto set our hands, and seals on this 6th day
SURETY
Name:Liberty Mutual lnsurance ComPanY
Address:175 Berkeley St.
Boston, MA02116
Telephone No 214-706-5464
Print Narne Jacqueline Kirk
Attorney-in-Fact )
NOTE:This bond must be executed by both parties. Corporale seal may be affixed hereto. All
Address
Approved as to Form this
City of Lake Elsinore
. The
@iitesuretymustberegistered,assueh,inatleastonecounty
in the S'tate of California. (nttacfr one original Power of Attorney sheet for each bond).
D-'10
Austin, TX 78759
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.
This Power ofAttorney limits the ac{s of those named herein, and they have no authority to bind the Company except in the manner and to the extent hereln stated.
Certificate No. 68942Y
American Fire and Casualty Company
The 0hio Casualty lnsurance Company
Liberty Mutual lnsurance Company
West American lnsurance Company
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty lnsurance Company are corporations duly organized under the laws of
and appoint, Brenda Ann Meeker; Cindv Fowler; D. Gregorv Stitts; Jacqueline Kirk; Mark R. DeWitt
all of the city of Dallas , state of TX each individually if there be more than one named, its true and lawful attorney-in-fact to make, execuie, seal, acknowledge
be as binding upon the Companies as ifthey have been duly signed by the president and attestod by fie secretary ofthe Companies in theh own proper persons,
lN WTNESS WHEREOF, this Power of Attomey has been subscribed by an authorized oflicer or oflicial of the Companies and the corporate seals of the Companies have been aflixed
theretothis-jl!-dayof March ,2015
American Fire and Casualty Company
The 0hio Casually lnsurance Company
Liberty Mutual lnsurance Company
STATE OF PENNSYLVANIA sS
COUNTYOF MONTGOMERY
On this 4th day of March , 20'15 , 6gf6rc me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and
execute the foregoing instrumsnt for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized otficer.
lN WITNESS WHEREOE I have hereunto subscribed m rame and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year lirst above written.
Noiarial Seal
Teresa P6stella, Notary Public
Plymouti Twp., Montgomery County
My Commission Explrss March 28, 2017
Member, Pennsylvania Ass@iauon of Nolaries
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Company, Libefiy Mutual lnsurance Company, and WestAmerican lnsurance Company which resolutions are now in full force and effect reading as follows:
the provisions of this article may be revoked at any lime by the Board, the Chairman, the President or by the oflicer or officers granling such power or authority.
execuled such instrumenis shall be as binding as if signed by the president and attested by the secretary.
fact as may be necessary lo act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety
obligations.
Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with
the same force and efect as though manually affixed.
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By{aws andAuthorizations ofAmerican Fire and Casualty Company, The 0hio Casualty lnsurance
BOND NO. 022052116
pREMluM $*8:e24-90
(100% of Total Contract Amount)
KNOW ALL MEN AND WOMEN BY THESE PRESENTS
THAT WHEREAS, the City Council of the City of Lake Elsinore, State of California, known as
,,City", has awarded Hellas Construction, lnc., as Principal hereinafter designated as 'Contractor"
and, have entered into a Contract Agreement whereby the Contractor agrees to construct or install
and complete certain designated pubtic improvements, which said Contract Agreement, effective
on the date signed by the Mayor, and identified as
ROSETTA CANYON SPORTS PARK PHASE-II PROJECT
CIP PROJECT NO. Z4OOO4
BID SET "E''
is hereby referred to and made a part hereof; and
WHEREAS, said Contractor under the terms of said Agreement is required to furnish a bond to
secure the payment of claims of laborers, mechanics, material nren, and other persons, as
provided by law;
NOW, THEREFORE, we the undersigned Contractor and Liberty Mutual lnsurance ComPanY
Surety
sum of
unto the Crtv of Lake Elsinore, County of Riverside, in the penal
one Ihousand seven Hunsreo dollars ($ 1,171 779 59 ), lawful money
of tne UniteO 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 COND|TION OF THIS OBLIGATION lS SUCH, that if said contractor, his or her or its heirs,
executors, administrator, successors or asstgns, or subcontractors, shall fail to pay any of the
persons described in the California Civil Code Section 3'181 or amounts due under the
Unemployment lnsurance Code with respect to work or labor performed by any such claimant, or
any amounts required to be deducted, withheld, and paid over to the Franchise Tax Eoard from
the wages of employees of the Contractor and his or her subcontractors, pursuant to Section
.13020, of the Unemployment lnsurance Code, with respect to such work and labor, that the
Surety or Sureties herein will pay for the same in an amount not exceeding the sum specified in
this blnd, othenruise the above obligation shall be void. ln the event suit is brought upon this bond
by the City or other person entitled to bring such an action and judgment is recovered, the Surety
shall pay i1 costs incurred by the City in such suit, including a reasonable attorney fee to be fixed
by the cout1.
This bond shall inure to the benefit of any of the persons described in California Civil Cr:de
section 31g1, to give a right of action to such persons or their assigns in any suit brought upon
this bond.
(SIGNATURE PAGE FOLLOWS)
IN
of
BOND NO.022?52]16
WITNESS WHEREOF,we have hereunto set our hands, and seals on this 6th day
January 2016
BIDDER.SURETY:
contractor Name: Hellas construction' lnc Name: Libry
Address: ttr9t*lst
Boston, MA 021 16
Telephone No,:214-706-5464
Print Name:
NOTE: This bond musr be executed by both parties. Corporate seal may be affixed hereto. All
glg1a.tLrres rnust bg acknalyledggd_belqfe a notqry public (attach acfnowtedqments).
The attorney-in-faitfoithe corporate surety must be registered, as such, in at least one
county in thl State of California. (Attach one original Power of Attorney sheet for each
bond).
Print Name Jacqueline Kirk
Address. 12710 Research Blva;\fl
City of Lake Elsinore
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.
Thls Powet ofAttorney limlts the acts of lhose named herein, and lhey have no authorig to bind the Company except in the manner and to the extent herein stated.
Certificate No. 6894255
American Fire and Casualty Company
The 0hio Casualty lnsurance Company
Liberty Mutual lnsurance Company
West American lnsurance Company
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: That American Fke & Casualty Company and The Ohio Casualty lnsurance Company are corporations duly organized under the laws ol
sn6 sppeinl, Brenda Ann Meeker; Cindv Fowler; D. Gregory Stitts; Jacqueline Kirk; Mark R. DeWitt
all of the city of Dallas , state of TX each individually if there be more than one named, its lrue and lawful attorney-injact to make, execute, seal, acknowledge
be as binding upon the Companies as ifthey have been duly signed by the president and attested by the secretary ofthe Companies in their own proper persons.
lN WITNESS WHEREOF, this Power ofAttorney has been subscribed by an authorized officer or oflicial of the Companies and the corporate seals ofthe Companies have been afiixed
thelelothis 4th dayof March 2015
American Fire and Casualty Company
The 0hio Casualty lnsurance Company
Liberty Mutual lnsurance Company
STATE OF PENNSYLVANIA ss
COUNTY OF MONTGOMERY
Onhis 4th dayof March , 2015, 5g1s1s me personally appeared David M. Carcy, who acknowiedged himself to be theAssislant Secretary of American Fire and
Casualty Company, Liberty Mutual lnsurance Company, The Ohio Casualty lnsurance Company, and WestAmerican lnsurance Company, and that he, as such, being authorized so to do,
execute the loregoing instrument for the purposes lherein contained by signing on behal{ of the corporations by himself as a duly authorized ofiicer
lN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeling, Pennsylvania, on the day and year lirst above written.
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Teresa Pastella, Notary Public
Company, Liberty Mutual lnsurance Company, and West American lnsurance Company which resolutions are now in full force and efect reading as follows:
the provisions of this article may be revoked at any time by the Board, the Chairman, tha President or by the oflicer or oflicers granting such power or authority.
executed such instruments shall be as binding as if signed by the prcsident and attested by the secretary.
fact as may be nec€ssary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety
obligations.
Company, wherever appearing upon a certified copy ol any power of atlorney issued by the Company in connection wilh surety bonds, shall be valid and binding upon the Company with
the same force and effect as though manually aftixed.
Companies, is in full force and effect and has not been revoked.
tN TEsTtMoNY WHEREOF, I have hereunlo set my hand and affixed the seals of said Companies thn & *h ory .t Tn *na U ,[oJ-bt-,
Nolarial Soal
Teresa Pastella, Notary Public
Plymouth Twp., Montgmry County
My Commission Expires M6rch 28, 2017
,,, (), ' L,fi.y'/n
Gregory W. Davenport, Assistant Secrelary
348 0t 400
lnsurance Company
Member, PenBylvania Assqclation of Nolaries
CALIFORNIA ALL.PURPOSE ACKNOWLEDGEM ENT
State of Texas
CountY o; Dallas
Civil Code S 1189
before me, cindy w. Fowler , Notary pu6g;s
)
On January 6, 2016
personally appeared Jacqueline Kirk
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 truthfullness, accuracy or validi$ of that document.
al}f a)t)atitoalotalttattailta atl)atiltitltolat1)ttloa1))+1)lltollota atat
Narne and ot Noms oa Sl{Jfl€r(s)
Who proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed
to the within inshument and acknowledged to me that
he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/heritheir 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
t he State of California that the foregoing paragraph is true
and correct.
Plse Nolsry Publi. S6ar Above
Though the infamation bekr,w is not rcqutrcd by law, il may prcve valuable to f/re persons rclying o{t the document and could prevent fnudulent removal
and r€,attachment of this fofin to anoahar document.
Description of Atlached Document
Title or fype of Document Performance & Payment Bonds - Rosetta Canyon Sports Park Phase ll
ct?{DYW. Foull,ER
I.OTARY PUELIC
srArE oF iqIN-Myffi:E P bt'"'"
OPTIONAL
Document Date January 61 2o]9 Number of Pages:
Signer's Name:
E tndividual
Jacqueline Kirk
fl Corporate Offlcar - fifle(s):
E Partner - Etimited EIGeneral
E Guardian or Conseruator
E Attorney-in-Fact
El Trustee
E other:
E tndividual
E Corporate Officer - fiile(s):
E Partner - ELimiteo EGeneral
E Guardian or Conservator
E Attorney-in-Fact
E Trusteefl other:
Signer is representing Signer is representing
Itlal)tar}tlaiOr}laor)aa')|oIr}lr)l)aatliIt)aaitltl)ltttlt+1)tttlfOl}ta;a)t}
seal.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT Civil Code S '! { 89
A notary public or other officer completing this certificate verifies only the identiiy of the individual who signed the
documenl to which this certificate is attached, and not the truthfullness, accuracy or validity of that document.
)rrl')rIrlt)ttlttlt.atal|,trtriallallo))aal1}t)ttl)aittial0tl}+tlllttt
State of ?;uLs I
County of TnaViS Ion sqn, ot'.{ --Z,Zolb berore me, DYlo il}Ji=r-,ru^r:}ot"o "o""
personaltyappeared Go^Y MrDo^$-L o,*rrr'*r=,,,*r,
Who proved to me on the basis of satisfaclory evidence
to be the person(s) whose name(s) is/are subscribed
to the within instrument and acknowledged to me that
he/she/they execuled the same in his/her/their authorized
capacity(ies), and that by hislher/thair signaiure(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.
Plfre Nolary Pubhc SBal AbovB
rhoLtsh the intoffiation be/ow rb not rcquirad by tay;52rJ_!,*^iiJrlt?!l?",il:#rs:iiry#;:rthe document and coutd prevent fraudutent ftmovat
Descriplion of Attached Document
Title or Type of Document 4onlao * B"nls-
Document oate tfararrqrY- b* ZOr& --- Numberof Pages;
rts Brk
sisner's Name; %rnrn y-lv1 a D""#. L
lndividual
corporate officer - Br"isl,V, ce,. P-Gs, J€*ftr
m
D Pariner - Etimited Iceneral
El Guardian or Conseruator
fl Auorney-in-Fact
E Trusiee
D other:
Signer is representing Signer is representing
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lndividual
Co rporate_Off i cer - T itl e (s ) :
Pariner - E timitec tr eenerii
Guardian or Conservator
Attorney-in-Fact
Trustee
Other:
DYLAN P, ASHE
Noiory Pubiic. Stote of lexos
My Commission Expires
Jonuqry 29, 2019
Vt/itness ny hand and official seal
OPI'ONAt
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DEPARTMENT OF INSURANCE
sAN rrRAN(:tscc)
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Cerrificate of AuthoritY
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81.
CONSTRUCTION OR SERVICE CONTRACT
Unless waived or modified by the City Engineer, the following endorsoment 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 inconsistenl expression in the policy to which this endorsement is attached,
or in any other endorsement now or hereafter attached thereto, or made a part thereof, the
protection afforded by said policy shall:
1. lnclude the City of Lake Elsinore as an additional insured. (To include the elected officials,
appointed officials, and employees.)
2, lndemnify and save harmless the City of Lake Elsinore against any and all claims resulting
from the undertaking specified in the contract known as:
ROSETTA CANYON SPORTS PARK PHASE-II PROJECT
ctP PROJECT NO, z40004
BID SET "E"
This hold harmless assumption on the part of the undenrvriters 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 lnjury Liability and Property Damage Liability combined,
$1,000,000 each Occurrence, and $2,000,000 Aggregate.
5. Limited classifications, restricting endorsements, exclusions or other special provisions
contained in the policy shall not act to limit the benefits of coverage as they shall apply to
the City of Lake Elsinore as enumerated in this endorsement, However, nothing herein
contained shall affect any rights of the insurer against the insured.
6. lt is further expressly agreed by and between the parties hereto that the following two
provisions, (a) and (b), are a 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 journeyrnan 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.
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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
Expiration Date:
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WORKERS' COMPENSATION INSURANCE GERTIFICATION
Pursuant to Section 1861 of the California Labor Code, each contractor to whom a public works
contract has been awarded shall sign the following certificate and shall submit same to the City
prior to performing any work on the contract:
"l am aware of the provisions of Section 3700 of the Labor Code which requires every
employer to be insured against liability for Worker's Compensation or to undertake self-
insurance in accordance with the provisions of that Code, and I will comply with such
provisions before commencing the performance of work of this contract."
Hellas Construction, lnc.
Contractor
Tommy McDougal
Title
12n9n015
Date
Section 3700 of the Callfornia Labor Code reads as follows:
"Every employer except the State shall secure the payment of compensation in one or
more of the following ways:
(a) By being insured against liability to pay compensation in one or more
insurers duly authorized to write compensation insurance in this state.
(b) By securing from the Director of lndustrial Relations a certificate of consent
io self-insure, which may be given upon furnishing proof satisfactory to the Director
of lndustrial Relations of ability to self-insure and to pay any compensation that
may become due to his employee."