HomeMy WebLinkAboutItem No. 25 CA Change Order No. 1 DMC Enterprises Check-In Kiosk RV Rehab Z40007Text File
City of Lake Elsinore 130 South Main Street
Lake Elsinore, CA 92530
www.lake-elsinore.org
File Number: TMP-2839
Agenda Date: 6/12/2018 Status: Consent AgendaVersion: 1
File Type: AgreementIn Control: City Council / Successor Agency
Agenda Number: 25)
Page 1 City of Lake Elsinore Printed on 6/7/2018
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 12,2017
Subject:Construction Agreement Change Order No. 1 to DMC Enterprises for the
Construction of the Check-in and Kiosk Buildings at the RV Resort
Rehabilitation Project (CIP PROJECT #Z40007)
Recommendations
1.Execute a Change Order to DMC Enterprises for the road and RV pad fine grade and
road base installation and compaction at the RV Resort Rehabilitation Project (CIP
PROJECT #Z40007).
2.Approve and authorize the City Manager to execute the Agreement in the not to exceed
amount of $170,000.00 with DMC Enterprises in the form attached and in such final form
as approved by the City Attorney.
Background
On June 8, 2017 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
September 12,2017, the City awarded a construction agreement to DMC Enterprises in the
amount of $888,000.
Discussion
The purpose for this change order is to fine grade and compact 332,000 square feet of road
surface and install and compact 7,125 tons of class II road base at the RV Resort Rehabilitation
Project. Also, in this change order final RV pad leveling will be performed for over 230 RV sites.
This will be the final site development and preparation of the RV camping spots before irrigation
landscaping, concrete patio and privacy fence installation is made throughout the RV Resort.
Below is a summary of work contained in this change order:
1. Check-in and Kiosk Building Dump Station approach final grade.
2. Rip, Scarify, Water and Roll 332,000 Square feet of road surface.
3. Lay approximately 7,125 tons of class II road base, grade, roll and compact
4 Level grade 232 RV pads
DMC Enterprise Construction Agreement Change Order No. 1 Resort Rehabilitation Project.
June 12, 2018
Page 2
Following the approval ofthis Change Order No.1 close coordination between multiple
contractors working together on the project site will ensure a fluid work progression. This work
will begin immediately upon the executionof the change order.
Fiscal Impact
The amount in this Change Order is included in the RV Resort Rehabilitation Project (CIP
PROJECT #Z40007) Fiscal Year 17/18–21/22Capital Improvement Plan (CIP) budget
Exhibits
A:Change Order
B: Agreement
1
DATE:
QUANTITYUNIT
Lump Sum1.00
approximately 7,125 tons of class II road
base, grade, roll and compactLump Sum1.00$60,000.00$60,000.00
Lump Sum1.00$80,000.00$80,000.00
TOTAL
SUM OF
1
Review by:InitialsDateDate
PRIOR TO THIS CHANGE ORDER
CONTRACTOR IS AUTHORIZED TO MAKE THE FOLLOWING CHANGES:
Assistant City Manager
UNIT PRICEEXTENSIONITEM
Check-in and Kiosk Building final grade
ITEM
QUANTITIES DECREASED
$30,000.00
Level grade 232 RV pads
$30,000.00
Rip, Scarify, Water and Roll 332,000
square feet of road surface and lay
UNIT PRICE
CITY PROJECT #
September 12, 2017DATE AWARDED:
PROJECT TITLE:RV Resort Check In & Kiosh BuildingDMC Enterprises
Z20003
Authorized by:Jason SimpsonTOTAL AMOUNT OF CONTRACT
$888,000.00
QUANTITIES INCREASED
CITY OF LAKE ELSINORE
130 S. MAIN STREET
LAKE ELSINORE, CA 92530
(951) 674-3124
June 12, 2018
PROJECT CHANGE ORDERCHANGE ORDER #
THIS CHANGE ORDER IS APPLICABLE TO:
CONTRACT AWARDED TO:
City Manager:
$170,000.00
Approved by:
Contractor
Change Order No.
Assistant City Manager
EXTENSION
THE AMOUNT OF THE CONTRACT WILL BE (INCREASED) BY THE
$170,000.00
None
QUANTITY
AGREEMENT FOR PUBLIC WORKS CONSTRUCTION
(DMC Enterprise)
For the RV RESORT REHABILITATION PROJECT
CIP PROJECT NO. Z40007
CONSTRUCTION OF THE CHECK -IN AND KIOSK BUILDINGS
This Agreement for Public Works Construction ( "Agreement ") is made and entered into
as of September 12, 2017, by and between the City of Lake Elsinore, a municipal corporation
( "City ") and DMC Enterprises, a ( "Contractor ").
The City and Contractor, in consideration of the mutual promises and covenants set forth
herein, agree as follows:
1. The Project and Project Documents. Contractor agrees to construct the
following public improvements ( "work ") identified as:
RV RESORT REHABILITATION PROJECT CIP PROJECT NO. Z40007
The City - approved plans for the construction of the Project, which are incorporated
herein by reference and prepared by RV RESORT REHABILITATION PROJECT CHECK -IN
AND KIOSK BUILDINGS CIP PROJECT NO. Z40007, are identified as:
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. Comperisatit_ n,
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 Eight Hundred Eighty Eight
Thousand Dollars and no Cents ($888,000.00).
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 Two Hundred Fifteen 215
working days from the date of commencement specified in the Notice to Proceed and shall
complete all work within Two Hundred Fifteen (215) 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 Five
Hundred dollars 500) per calendar day, and that the Contractor will pay to the City, or City
may retain from amounts otherwise payable to Contractor, such amount for each calendar day
by which the Contractor fails to complete the work, including corrective items of work, under this
Agreement within the time hereinabove specified and as adjusted by any changes to the work.
4. Chances 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:
a. The scope of the change in the work;
b. The amount of the adjustment to the contract price; and
c. The extent of the adjustment to the Schedule of Performance.
The Director of Public Works is authorized to sign any change order provided that
sufficient contingency funds are available in the City's approved budget for the Project. All
change in the work 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- Assionability. 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 for which they could be held strictly liable,
or by the quality or character of their work. The foregoing obligation of Contractor shall
not apply when (1) the injury, loss of life, damage to property, or violation of law arises
from the sole negligence or willful misconduct of the City or its officers, employees,
agents, or volunteers and (2) the actions of Contractor or its employees, subcontractor,
or agents have contributed in no part to the injury, loss of life, damage to property, or
violation of law. 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 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 Cover. 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 l +f a{ plicable_l. 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.
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. Notice,,-.. 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.
11. If to City: City of Lake Elsinore With a copy to: City of Lake Elsinore
Attn: City Manager Attn: City Clerk
130 South Main Street 130 South Main Street
Lake Elsinore, CA 92530 Lake Elsinore, CA 92530
to Contractor: DMC Enterprise
Attn: Dejan Milosavljevic
1560 Fireside Ln
Vista CA 92084
12. 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.
13. 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.
14. Assian_ment and SubcoptractinA. 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.
15. 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.
16. Severabil4. 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.
17. 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.
18. 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.
19. Mediation. The parties agree to make a good faith attempt to resolve any
disputes arising out of this Agreement through mediation prior to commencing litigation.
The parties shall mutually agree upon the mediator and share the costs of mediation
equally. 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 party shall have the option to strike two of the
five mediators selected by JAMS and thereafter the mediator remaining shall hear the
dispute. If the dispute remains unresolved after mediation, either party may commence
litigation.
20. 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.
21. 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.
22. Eee ual Opportunity Emr�Io_yment. 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.
23. Prevailing Wane-s.
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 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.
24. 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]
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 s, City Manager
ATTEST:
City Clark
APPROVED AS TO FO M/
!�
CiVAttorney
"CONTRACTOR"
[DMC Enterprise],
By: Dejan Milosavljevic
Its: Owner
RCB0000249
BOND NO.
984.00 _
PREMIUM $
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 17MC Enterprise. as Principal hereinafter designated as "Contractore' 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
RV RESORT REHABILITATION PROJECT
CIP PROJECT NO. Z40007
CHECK -IN BUILDING & GUARD KIOSK
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
as Surety, are held and firmly bound unto the City of Lake Elsinore, County of Riverside in the penal
sum of Eight Hundred Eighty Eight Thousand Dollars ($888,000.00), 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.
*Contractors Bonding and Insurance Company
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.
1►A
RCB0000249
BOND NO.
SIGNATURE PAGE TO FAITHFUL PERFORMANCE BOND
IN WITNESS WHEREOF, we have hereunto set our hands, and seals on this 20th day
of September 2017
BIDDER:
Contractor Name: DMC Enterprises
Address: 1560 Fireside Ln.
Vista, CA 92084
Telephone No.: (760)908-6148 y
Print Name:
Signature:
Approved as to Forr" his
day of
CityAttornew , ,-,,
City of Lake Elsinore
SURETY:
Contractors Bonding and Insurance
Name: Company
Address: 111 Pacifica, Suite 350
Irvine, Ca 92618
Telephone No.: (800)274 -2242
Print Name: Gary Richardson
Attar y- In -Fac
Signature: _ � _
NOTE: This bond must be executed by both parties. Corporate seal maybe affixed hereto. All
si natures must be acknqwledged before a notu ptiblie allacli ackriowled rents). The
attorney -ln -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).
23
JD CHIC JEr Contractors Bonding and Insurance Company
P.O. Box 3967 Peoria IL 61612 -3967
.,,puck,,,,,,,,, Phone: (309)692 -1000 Fax: (309)683 -1610
ACKNOWLEDGEMENT OF SURETY
Contractors Bonding and Insurance Company
A notary public or other oflicer 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
COUNTY OF
I ss.
Bond No. —j�-CjwDj7Ci2r1q_
On this epterrllaer 217.2017 before me, vlw ' ' " Not
Date Here Inserl Name awYTide of the Officer
personally appeared Gary RichardsQa who proved to me on the basis of satisfactory evidence to
Nalne(s) of Signer(s)
be the person whose namo is /pf subscribed to the within instrument and acknowledged to me that he /xe/ gey executed the
same in his/h,6*/t�ir authorized capacity(ils), and that by his /tl/ir signature(' on the instrument the person), or the entity
upon behalf of which the person'} acted, executed this 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.
TAWNY STRAN1 BERG
R COMM. # 2091616
NOTARY PUBLIC•CALiFORNIAW
(� SAN -DIEGO COUNTY Z
MY CommIssion Expires
November 27, 201a
My Commission Expires:
. ((- - za - &--
A0403115_SUBS
ACKNOWLEDGMENT
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 Cal�_'ym
County of }
On ' r / before me, bewm I p jf I (-
(inse name and title ' � loft a officer)
, . /
personally appeared � rn �d I Milo, o SI V ( �� V I c
who proved to me on the bays of satisfactory evidence to be the person whose name() is/ re)
subscribed to the within instrument and acknowledged to r 2e that he /she 7e executed the same in
his/her / authorized capacity, and that by his/her /Qir signature on the instrument the
person 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.
T,w,ldr STRANDBERG
COF:rr:
rd 2491616
' q NOT! . :''!C r.CALIFORNIACi)j
WITNESS my hand and official seal., r OLINiY z
Signature (Seal)
TAWNY STRANDBEZ
COMM. ft 2091616
z . NOTARY PUBLIC•CALIFORNIA6
Vr - SAN DIEGO COUNTY Z
i My Commission Expires
1 November 27. 2018
011re-, r-- Contractors Bonding and Insurance Company POWER J>'j, 77 ®F ATTORNEY
P.O. Box 3967 Peoria IL 61612 -3967 R O WF" ER
.. No Phone: (309)692 -1000 Fax: (309)683 -1610 Contractors Bonding and Insurance Company
Bond No. RCB0000249
Know All Men by These Presents:
That the Contractors Bonding and Insurance Company— a corporation organized and existing under the laws of the State of
Illinois and authorized and licensed to do business in all states and the District of Columbia does hereby make,
constitute and appoint: Gary Richardson in the City of Curisbad , State of
California , as Attorngy In Fact , with full power and authority hereby conferred upon him/her to sign,
execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds, undertakings, and recognizances in an
amount not to exceed Ten Million and 00/100 Dollars ( StU00.000.00 ) for any single
obligation, and specifically for the following described bond
Principal: _ DMC Enterprises
Obligee: —Cj!y of Lake Elsinore
Bond Amount: — 5_888,000,0
The Contractors Bonding. and Insurance Comoonv further certifies that the following is a true and exact copy of a
Resolution adopted by the Board of Directors of Contractors Bonding and Insurance_ Company , and now in force to -wit:
"All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the 1
corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or
by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant .
Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or
undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies,
undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the
,_corporate seal may be printed by facsimile."
IN WITNESS WHEREOF, the Contractors Bondin and Insurance Company has caused these presents to be executed by
its Vice President with its corporate seal affixed this 20th day of September 2017
55514R111',,,RI III
�T%0 AN �
ATTEST: °goy,. • .g' -,, Contractors Bonding and Insurance Company
r- Alp
uo�aangT.ia=r
SEAL
V
Cherie L. Montgomery ssistant Secretary •....• ' t ` Barton W. Davis Vice President
y1 11j 'Z L IN055y55 ,i•
On this 20th day of Septelirb�r 2017 before me, a Notary Public, personally appeared Rart0n_W.17av2E_-
and , who being by the duly sworn, acknowledged that they signed the above Power of Attorney
as Vice Prosident and _Assistant Secretary respectively, of the said
Contractors Bonding and Isis nnce Compapy and acknowledged said instrument to be the voluntary act and deed of
said corporation.
r
GRETCHEN L JOHNIGK
fLa 'OFFICIAL SEAL'
Gretchen L. Johnigk "— Notary Public R'� r°= My commsslon E ai �6
May 20, 2020
A0006104. SUBS_BID
RCB0000249
BOND NO.
Included in Performance Bond_
PREMIUM $
LABOR AND MATERIALS 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 DMC Enterprise, 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
RV RESORT REHABILITATION PROJECT
CIP PROJECT NO. Z40007
CHECK -IN BUILDING & GUARD KIOSK
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 men, and other persons, as
provided by law;
NOW, THEREFORE, we the undersigned Contractor and Contractors Bonding and Insurance Company
r
as Surety are held and firmly bound unto the City of Lake Elsinore, County of Riverside, in the
penal sum Eight Hundred Eighty Eight Thousand Dollars ($888,000.00), 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 said Contractor, his or her or its
heirs, executors, administrator, successors or assigns, or subcontractors, shall fail to pay any
of the persons described in the 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 paid over to the Franchise Tax Board
from the wages of employees of the Contractor and his or her subcontractors, pursuant to
Section 13020, of the Unemployment 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)
24
CHIC Contractors Bonding and Insurance Company
P.O. Box 3967 Peoria IL 61612 -3967
.... m, camp., Phone: (309)692- 1000 Pax:(309)653 -1610
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.
ACI- T®WLEDGEMENT OF SURETY
STATE OF
SS.
COUNTY OF
On this .September 20.2017 before me, W
Date
Bond No. RC1300Q0249
Hcre Insert Name and JAile of the Officer
personally appeared Czar, Richardson . who proved to me on the basis of satisfactory evidence to
Nrame(s) of Signer(s) ,,
be the person] whose nameKisyre subscribed to the within instrument and acknowledged to me that he /s� /11 %y executed the
same in his/her /their authorized capacity9j") , and that by his/t/r /toir signaturd/on the instrument the person/, or the entity
upon behalf of which the person acted, executed this 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.
TAWNY STRANDBERG �
COMM. # 2099616
NOTARY PUBLIC•CALIFoRNIAcn
SAN DIEGO COUNTY
U' My commission Expires
1 November 27. 201 ��
My Commission Expires:
A0403115_SUBS
ACKNOWLEDGMENT
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 Ca ' ornia -&
County of DIM 0 )
On I� _ before me, p f r
(inse name and title t e officer
personally appeared A U . C'
who proved' to me on the basis of satisfactory evidence to be the rson hose name(f i�
subscribed to the within instrument and acknowledged to me that helshe�y executed the same in
his/her/tKjr authorized capacity& ), and that by his /her /Oir signatureto} on the instrument the
personor 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.
TA111y STRANDBERG
coMM. #2091616
NOTARY PUBLIC•CALIFORNIACQ
Z. Z
WITNESS m hand and official seal. N �° snCommjoc EXPIf0
y U' �� . My Commission Exglses
November 27, 2018
CHIC Contractors Bunding and Insurance Company POWER ATTORNEY
OF
P.O. Box 3967 Peoria 1L 61612 -3967 1L
,RUC —o,., Phone: (309)692 -1000 Fax: (309)683 -1610 Contractors Bonding and Insurance Company
Bond No. RC80000242
Know All Men by These Presents:
That the Contractors Bonding and Insulrance_CompAinn , a corporation organized and existing under the laws of the State of
Illinois , and authorized and licensed to do business in all states and the District of Columbia does hereby make,
constitute and appoint:. Gary Richardson in the City of Carlsbad , State of
California -, as Attorney In Fact , with full power and authority hereby conferred upon him/her to sign,
execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds, undertakings, and recognizances in an
amount not to exceed Ten Million and 00/100 Dollars ( X10 000 000.00 )for any single
obligation, and specifically for the following described bond.
Principal: DMC Enterprises _
Obligee: of Lake rlsinor'c __ —
Bond Amount:
The Contractors Bonding and Insurance Company further certifies that the following is a true and exact copy of a
Resolution adopted by the Board of Directors of Contractors Bonding and Insurance Companv and now in force to -wit:
"All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation' shall be executed in the
corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or
by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant
Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or
undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies,
undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the
corporate seal may be printed by facsimile."
IN WITNESS WIIEREOF, the Contractors Bonding and Insurance Company has caused these presents to be executed by
its Vice 1'I;csitlent with its corporate seal affixed this 20th day of Setstember _ 2017
,SY,IIIIrI,,Yl,I,I
ATTEST: .......
= `^'�qt� G. Contractors Bonding and Insurance Company
. '
Qtf..00 4.?.
=_. SEAL mss_y� ly.
Cherie L. Montgomery 0 istant Secretary ° '' •.• ' r, Barton W. Davis Vice President
rE,Y l'LLINO`Sp,55`
On this 20th day of_ September 2017 before me, a Notary Public, personally appeared _ Barton W. Davis
and Chcrie L. Monlgotnery , who being by me duly sworn, acknowledged that they signed the above Power of Attorney
as Vice President and Assistant Secretary , respectively, of the said
Contractors Bonding a d Insurance Cqmpany _, and acknowledged said instrument to be the voluntary act and deed of
said corporation.
L GRETCHEN L JOHNIGK
'OFFICIAL SEAL" Gretchen L.Johni k Nota Public j My Commission Exphs
g n May 28, 2828
A0006104 BID_2
ACC> & CERTIFICATE OF LIABILITY INSURANCE
DATE 9 /26/20, /DD/Y7 YYO
9/26
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(,es) must have ADDITIONAL INSURED provisions or 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 endorsements).
PRODUCER Phone: (951)694 -0625
Fax: (951)719 -3350
PSA Realty &Insurance Services
PO Box 720
Temecula, California 92593 -0720
CONTACT Hank Hilt
NAME: _
PHONE (951)694 -0625, 100 FA_ n)6 r (951)719 -3350
EMAIL hhitt@psainsurance.com
D
(S] AFFORDING COVERAGE
NAICr
_INSURER
INSURER A : Rockhi,l Insurance Company
28053
INSURED
DFJAN MILOSAVLEVIC DBA DMC ENTERPRISES
1560 Fireside Lane
Vista, CA 92084
INSURER 8: United Financial Casualty Company
11770
INSURER C: James River Insurance Company
12203
INSURER D: National Liability & Hire Insurance Company
20052
INSURERE: AG CS Marine Insurance Company
22837
INSURER F :
$ 5'0`000
rnve0nr_=1Q r_POTIFIr_ATF All IURFR• IUbLu REVISION NUMBER:
w 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.
INSR
LTp
TYPE OF INSURANCE
A L
R
-
POLICY NUMBER
POLICY EFF
M Y
POLICY EXP
MMn7DrYY
LIMITS
A
✓
COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE 1 - r OCCUR
RCGLPGO0423 -04
3/5/2017
3/5/2018
EACH OCCURRENCE
$ 1,000,000
mmimi (Ea acwrra
$ 5'0`000
MED EXP (AnX one person)
$
✓
Y
PERSONAL &ADVINJURY
$ 1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
GENERAL AGGREGATE
$ 2'000'000
POLICY 21 JECT 17 LOC
OTHER:
PRODUCTS - COMPfOP AGG
$ 2'000'000
$
B
AUTOMOBILE LIABILITY
✓ ANY AUTO
03827078 -1
6/20/2017
6/20/2018
MBIidentSINGLE UMI
Ea accidgn.
$ 1,000,000
BODILY INJURY (Per person)
$
BODILY INJURY (Per accident)
$
OWNED L SCHEDULED
AUTOS ONLY AUTOS
HIRED NON-OWNED
AUTOS ONLY AUTOS ONLY
N
-VR-OPERTY DAMAGE
$
$
C
UMBRELLA LIAB
EXCESS LIAB
✓
OCCUR
CLAIMS -MADE
✓
Y
00070605 -1
3/5/2017
3/5/2018
EACH OCCURRENCE
$ 1,000,000
✓
AGGREGATE
$ 1.000,000
DIED RETENTION $
$
D
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANYPROPREFTORIPARTNEWEXEGUTWE YIN
OFFICERIMEMBER.EXCLUDED7 �
(Mandatory In NH)
U ea describe under
1SWIPTION OF OPERATIONS below
N/A
Y
A9WC882196
3/3/2017
3/3/2018
✓ I STAT iT OTH
E.L. EACH ACCIDENT
$ 1,000,000
E.L DISEASE - EA EMPLOYEE
$ 1,000,000
E.I_ DISEASE -POLICY LIMIT
$ 1,000.000
E
Equipment Floater
N
SML93063317 11/21/2016 11/21/2017
1 Cuntracurs Equipment Coverage
1,701,688
Miscellaneous Tools
2,850
DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Aciddlonal Remarks Schedule, maybe attached If more apace Is required)
The City of Lake Elsinore its elected or appointed officers, officials, employees, agents and volunteers are named as
additional insured per company forms CG2010 1093 and CCG2010 1185 attached, Waiver of Subrogation applies per
attached forms CG2404 1093 and WC040306 (Ed 4 -84).
f%=nrI=1t%A-re Uf%l near f'AA CIP-l_LATIOIN
Holder's Nature of Interest : Additional Insured
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
The City of Lake Elsinore
NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
130 South Maint Street
AUTHORIZED REPRESENTATIVE
Lake Elsinore, CA 92504
g ivuu'-LUIb At;UMN uury.YUl"IAIlu34. All rlunta rouvrVCG.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD