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HomeMy WebLinkAboutItem No. 08 Agreement Maples and Assoc. Marina DeckText File City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 www.lake-elsinore.org File Number: ID# 19-324 Agenda Date: 9/24/2019 Status: Council Consent Calendar Version: 1 File Type: Council Consent Agreement In Control: City Council / Successor Agency Agenda Number: 8) Page 1 City of Lake Elsinore Printed on 9/19/2019 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 24,2019 Subject:Construction Agreement to Maples and Associates for the Design and Build of a Marina Deck with ADA Beach Access at the Boat Launch Recommendations 1. Award a Construction Agreement to Maples and Associates for the Design and Build of the Marina Deck at the Boat Launch. 2. Approve, appropriate,and authorize the City Manager to execute an Agreement not to exceed the amount of $306,970.00 with Maples and Associates in the form attached and in such final form as approved by the City Attorney. 3. Authorize the City Manager to execute change orders not to exceed a 10% contingency amount of $30,697.00 for uncertainties and adjustments. Background As outlined in requirements under the California Public Contract Code, a request for proposal (RFP) was prepared and advertised for bid per the requirements.On July 29, 2109, the City posted on PlanetBids the notice inviting bids for Marina Deck at the Boat Launch. Before the deadline of 2:00 p.m. on Thursday August 29, 2019, two responses were received on and publicly opened. Following the examination of the response submittals the low bidder, Leonida Builders, Inc., was determined non-responsive because their submittal failed to contain the required conceptual design with identification of the deck construction material. The Maples and Associates bid submittal was reviewed,and the contractor interviewed. Staff determined their submittal responsive to the requirements. The proposal amount has considered the entire scope of work as identified in the request for proposal. In particular the proposed design of the Marina Deck addresses the ADA and pedestrian beach area accessibility needs. Discussion The purpose of this RFP is to seek competitive pricing for the design-build of the Marina Deck at the Boat Launch. The overall essentials in this scope of work are summarized below as general requirements: Marina Deck at the Boat Launch September 24, 2019 Page 2 General design and build proposal considerations: 1. Complete Construction Plan/Document Development for City Approval (permit provided by City) 2. Architectural and Structural Engineered plans 3. Layout - Construction 4. Demo approximately 100’ of the existing guard rail at the sidewalk’s edge 5. Excavation (material removal by the contractor) 6. Footing Design (Steel/Rebar and Concrete) 7. Electrical and lighting 8. Hard surface walking path to extend from the bottom of deck to water’s edge (approximately 300 feet) 9. Building Material considerations (Pressure Treated Lumber, Trex, Concrete and Steel) 10. Construction Cleanup General facts about the Deck: Deck shall extend over existing rock rip-rap. Deck shall be one level Ramp shall comply with ADA requirements & extend from deck to bottom sand area below the deck (ADA accessible outdoor elevator option) Deck and pathway lighting Secure railing Stairs to the beach level Name of Company Bid Amount Maples and Associates (with two alternates)$306,970.00 Leonida Builders, Inc.$255,037.50 Following the approval of this agenda item Staff will finalize the administrative requirements so that the construction work can proceed. The staff has reviewed and verified the contractor has a valid license and has provided sufficient references. Fiscal Impact The fiscal impact and appropriation (Capital Improvement Plan) for the deck at the Boat Launch is $400,000 from Lakeside DIF funds. Exhibits A-Agreement B-Proposal AGREEMENT FOR PUBLIC WORKS CONSTRUCTION (Maples and Associates) For the RV RESORT REHABILITATION PROJECT CIP PROJECT NO. Z40007 MARINA DECK DESIGN BUILD This Agreement for Public Works Construction (“Agreement”) is made and entered into as of September 24, 2019, by and between the City of Lake Elsinore, a municipal corporation (‘‘City”) and Maples and Associates, 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 the City, are identified as: RV RESORT REHABILITATION PROJECT MARINA DECK DESIGN BUILD The Project Documents include this Agreement and all of the following: (1) the RFP, Instructions, RFP Documents including Bidder’s Proposal as submitted by the Contractor, Contract Documents, General Specifications, Special Provisions, and all attachments and appendices; (2) everything referenced in such documents, such as specifications, details, standard plans or drawings and appendices, including all applicable State and Federal requirements; (3) all required bonds, insurance certificates, permits, notices, and affidavits; and (4) any and all addenda or supplemental agreements clarifying, amending or extending the work contemplated as may be required to insure completion in an acceptable manner. All of the provisions of the above-listed documents are made a part of this Agreement as though fully set forth herein. 2.Compensation. a.For and in consideration of the payments and agreements to be made and performed by City, Contractor agrees to construct the Project, including furnishing all materials and performing all work required for the Project, and to fulfill all other obligations as set forth in the Bidder’s Proposal, such contract price being Three Hundred Six Thousand Nine Hundred Seventy Dollars and No Cents ($306,970.00). 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 Sixty (60) working days from the date of commencement specified in the Notice to Proceed and shall complete all work within Sixty (60)working days, and shall provide, furnish and pay for all the labor, materials, necessary tools, expendable equipment, and all taxes, utility and transportation services required for construction of the Project. b.All work shall be performed and completed in a good workmanlike manner in strict accordance with the drawings, specifications and all provisions of this Agreement as hereinabove defined and in accordance with applicable laws, codes, regulations, ordinances and any other legal requirements governing the Project. c.Contractor shall not be excused with respect to the failure to so comply by any act or omission of the City, the Director of Public Works, the City Engineer, a City inspector, or a representative of any of them, unless such act or omission actually prevents the Contractor from fully complying with the requirements of the Project Documents, and unless the Contractor protests at the time of such alleged prevention that the act or omission is preventing the Contractor from fully complying with the Project Documents. Such protest shall not be effective unless reduced to writing and filed with the City within three (3) working days of the date of occurrence of the act or omission preventing the Contractor from fully complying with the Project Documents. d.City and Contractor recognize that time is of the essence in the performance of this Agreement and further agree that if the work called for under the Agreement is not completed within the time hereinabove specified, damages will be sustained by the City and that, it is and will be impracticable or extremely difficult to ascertain and determine the actual amount of damages the City will sustain in the event of, and by reason of, such delay. It is, therefore, agreed that such damages shall be presumed to be in the amount of One Thousand dollars ($1,000) per calendar day, and that the Contractor will pay to the City, or City may retain from amounts otherwise payable to Contractor, such amount for each calendar day by which the Contractor fails to complete the work, including corrective items of work, under this Agreement within the time hereinabove specified and as adjusted by any changes to the work. 4.Changes to Work. City and Contractor agree that the City may make changes to the work, or suspend the work, and no matter how many changes, such changes or suspensions are within the contemplation of the Contractor and City and will not be a basis for a compensable delay claim against the City nor be the basis for a liquidated damage 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-Assignability. 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 Coverage. Contractor shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 (“any auto”). No endorsement may be attached limiting the coverage. iv.Professional Liability Coverage [if applicable]. 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.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. 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: Maples and Associates (Street Address) 24977 Washington Street J (City/State/Zip) Murrieta, CA 92562 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.Assignment and Subcontracting. Contractor shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or obligations of the Contractor under this Agreement will be permitted only with the express consent of the City. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law. 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.Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 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.Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 23.Prevailing Wages. a.Contractor and all subcontractors shall adhere to the general prevailing rate of per diem wages as determined and as published by the State Director of the Department of Industrial Relations pursuant to Labor Code Sections 1770, 1773, and 1773.2. Copies of these rates and the latest revisions thereto are on file in the office of the City Clerk of the City of Lake Elsinore and are available for review upon request. b.Contractor’s attention is directed to the provisions of Labor Code Sections 1774, 1775, 1776, 1777.5 and 1777.6. Contractor shall comply with the provisions of these Sections. The 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 Yates, City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney “CONTRACTOR” [Maples and Associates], By:Mike Maples Its:Owner Exhibit "A" Launch Pointe Recreation Destination & RV Park CIP Project No.240007 Marina Deck PROJECT REQUIRMENTS & CONSIDERATIONS: General desion and build orooosal considerations: 1. Complete Construction Plan/Document Development for City Approval (permit provided by City) 2. Architectural and Structural Engineered plans 3. Layout - Construction 4. Demo approximately 100' of existing guard rail at the sidewalk's edge4. Excavation (material shall be removed by the contractor)5. Footing Design (Steel/Rebar and Concrete)6. Electrical and lighting 7. llard surface walking path from boftom of deck to water's edge (approximately 3oo feet)8. Pressure Treated Lumber (Trex Deck Optional proposal) 9. Shade Structure (Optional Proposal) 10. Construction Cleanup Note: This RFP does not require a site visit however, contractors are encouraged to perform a site visit and review the existing conditions. General facts about the Deck: Deck shall extend over existing rock rip-rap. Deck shall be one level Ramp shall comply with ADA requirements & extend from deck to boftom sand area below the deck Deck and path way lighting Secure railing Provide an altemate price for the followino items: Trex Deck Surface vs pressure treaded deck material Shade Structure Exhibit .C" is provided as a visual enhancement to the anticipated deck area. Exhibit'C" shall not be considered as a principle concept but only a general idea of the required deck area. This RFp is needed to create and design the marina deck within the general parameters contained herein. The selection of the firm for the design and build of the deck arid decf area will be determined by the best design and most competitive cost to build. Design & Construction Documentation Costs Material Costs Construction & Labor Costs Equipment Costs Sales Tax $1o,oqo'* $ t4,Ab'e . .j-ii. - - Total Cost #' ,q to'* COSTS STATED WITHIN THE UNIT SALES PRICE ARE ALL-INCLUSIVE FOR SPECIFICATIONS LISTED. SIGNING THIS PROPOSAL GUARANTEES COMPLETION WTHIN 60 WORKING DAYS Tige At,.JlYltef oaa 8/zqft1 Bro BoNn KNOW ALL MEN BY TI{ESE PRESENTS: That we, the undersigned MAPLES AND ASSooIATES as Principal, and as Surety are hereby held firrnly bound unto CITY OF LAKE ELSINORE ,. in the penal sum of 1o% oJ Amount Bid for the payment of which, well and truly to be made, we herebyjointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns. Signed this day of Arrorrst 2019 TI{E CONDITION OF T}IB ABOVE OBLIGATION TS SUCH, thAt, WIIEREAS thE Principal has submitted to clrY oF LAKE ELSINoRE a certain Bid, attached hereto and hereby made a part hereof, to enter into a Contract in writing for the NOW TIIEREFORE, A. If said Bid shall be rejected or in the alternate B. If said Bid shall be accepted and the Principal shall execute and deliver a contract in the form of Contract attached hereto (properly completed in accordance with said Bid) and shall furnish a bond for his faithful performance of said Contract, and for the payment of all persons performing labor or fumishing materials in connection therewith and shall in all other respects perform the agreement created by the acceptance of said Bid. Then, this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability ofthe Surety for any and all claims hereunder shall, in no event' exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shali be in no way impaired or affected by any extension of the time within which the Obligee may accept such Bid; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals and such of them as are corporations have causld their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. ENDURANCE ASSURANCE CORPORATION MAPLES AND ASSOCIATES A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Califomia County of Los Angeles on tuGr ? 20tg before me, Meghan Hanes. Notary Public, personally appeared Samantha Fazzini who proved to me on the basis of satisfactory evidence to be the person@) whose name@) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/thei+ authorized capacity(ies), and that by*is/her/thei+ signatures) on the instrument the person$), or the entity upon behalf of which the person@) acted, executed the instrument. IiEcttnrrt-linrurs I certiff under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal' coMtr,t. #2280722 4 Nitiiv'Fuuri.' Callfornia 3 Loi Angeles.QountY ^^^;.gqffigrr'','gi Signature Signature of Ndtary Public CALIFORNIA ALL.PURPO SE ACKNOWLEDGMENT ENDURANCE ASSURANCE CORPORATION 207 POWER OF ATTORNEY 1(7olt ol[frlm 61 tfuse <Prumt, that ENDUMNCE ASSUMNCE CORPOMTION, a Delaware corporation (the "Corporation'), with offices at 4 Manhattanville Road, 3rd Floor, Purchase, NY 10577, has made, constituted and appointed and by these presents, does make, constitute and appoint Samantha Fazzini, KeAna WapatO, TraOy Aston, Marina Tapia, April Martinez, B. Aleman its true and lawful Attorney(s)-inlact, at LOS ANGELES in the State of CA and each of them to have full Nwer to act made, executed and delivered shall obligate the Corporation for any portion of the penal sum thereof in excess of the sum ot FIFTY MlLLl0N Dollars ($50,000 000.00) the President ol the Corporation under its corporate seal attested by its Corporate Secretary. qc9g,ryf.ylii{ Tpe:is bel?}v llNer the headins entitled "Certificate'l :..11($nienttnJanuary9,20'1.{gld.gaidresolutionhasnolsincebeenrevoked,amendedorrepealed: isdtdcled. "--' PurchaseiN'brirYol!,'"11' (Corporate Seal)ENDUMNCE ASSUMNCE CORPOMTION IUARIANNE L, WILEERT, SENIOR VICE PRESIDENT SHARON L, SIMS, SENIOR VICE PRESIDENT STATE OF NEW YORK COUNTY OF NEW YORK ssr l\.4ANHATTAN On the 1st day of NOVEMBER of 2018 before me personally came SHARoN L. Sli/S, SENIoR VICE PRESIDENT to me known, who being by me duly sworn, did depose and say that (s)he.r*ides iTTSCOTCH PLAINS, NEW JERSEY that (s)he is a SENIOR VICE PRESIDENT of ENDUMNCE ASSUMNCE CORPOMTI0N, the Corporation described in and which ,bfUrcator:s'dseidQoiporatiol,.aridthat(s)hesignedhis(her)nametheretobylikeorder r \ (Notarial Seal) t\ I * -\6 . ,-s\*[!- 1,,, ,.. . '..,::.: . :':) NicholasJamesBenenati,NotaryPublic -MyoommissionExpires12/6/2019 STArE oFNEWIOR( I ss: MANHATTAN CERTIFICATE COUNry0FNEWYORK :',. I.CI-lSlSKip(ER DONELAN the pREStDENT of ENDUMNCE ASSUMNCE CORPOMTIoN, a Delaware Corporation (the "Corporation"), hereby certify: whole thereofl been revoked, amended or modified: 'RESOLVED, that each of the individuals named below is authorized to make, execute, seal and deliver for and 0n behalf of the Corporation any and all bonds, undertakings 0r obligations in surety or co-surety with others: .i -i .: ,', , CHRISTOPHER DONELAN, SHARON L. SIMS, I/ARIANNE L WILBERT A1.0bti' l1,lurtiiei::'l;' r''r,...,, oulgations ln surety or bo-surety f$ and on benalf of the Corporation ' on"' tY{or,--r*"-€u@S " gt onnnd{. 6b;-- ''irfiiii:fitiilsi:inffirTl[:ffi:1ill;:";'.il::::,::['i.:H:'-'"-;f]"'iu8'fl,'i'I01s*" (Corporate S6al) r '":%.,r ;"-;'t' ;.,,:;:.,1. . "; e.fi*r&L i)"-"{** ' ':'t :t' :'. cHRlsroPHER DONELAN, PRESIDENT Any reproductons te void. Primary Surety Claims Submi$ion: suretybondclalm@sompo-int.com Surety Claims Hotlino: 877-676-7575 Maiting Address Surety Claims Dopartment, Sompo lnternational, 1 221 Avenue of he Am6ricas, 1 8th Floor, New York, NY 1 0020 CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT CIVIL CODE 5 1189 A notary public or other officer cornpleting this certificate verifies only the identity of the individualwho signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. who proved to me on the basis of satisfactory evidence to be the personp') whose name(d is/are subscribed to the within instrument and acknowledged to me that hels#elllrey executed the same in his/hellthslr authorized capacity(izd), and that by his/herl*lr€ir signature{af on the instrument the person(e)i or the entity upon behalf of which the person$f acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. CommFflon 12137123 ilotlry Publc - Crlilornia Riwrrilh County Comm. Signature Ploce Notory Seol ond/or Stomp Above Sts&Fir${S-AiXS'r*.v*]f-\<.S**3r1*6.i*t rcl2O17 National Nota ry Association Date Here lnsert Nome ond Title of the Officer personary appeared t[\lChO , f ?aui fn rtS,G, Norne(s) ol Signer(s) Completing this inforntotion con deter alterotion of the document or froudulent reottochment of this form to on unintended document. Description of Attached Document Title or Type of Docunrent: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name:Signer's Name: D Corporate Officer - Title(s):tr Corporate Offlcer - Title(s): D Partner- n Limited tr General D Partner - fl Limited tr General O lndividual tr Attorney in Fact tr lndividual n Attorney in Fact tr Guardian of Conservator D Trustee n Other: n Guardian of Conservator Signer ls Representing Signer is Representing: M1304-09 (09117) . tl.*""*,* fir&r*Cr.,9.l}.rliL\iikdtrrln dh * +P6dc. * I\Gl tlli - o L--$++ >-q \- r {-I --\iuE/*NI f *( 's)\ t/ I I I .:E:6o -<)f a\ FqJ\ ;ttdtr'r\ p>:\\-{ux < ?5. -r I +_o t= I--\- {--*=--'f c .Ex. isJE. ia d- sdi1?x-' -F t6\igtJ \7 .>6. 9tr,idticsctsr( (B t>I()i-D= i '^<isSqr:i8.tr l, ,q'{^-2:'' -\r- '/I G' A.-,:< .* ?-i <)'. a.-,' :<'r+ I qt. Our lmperial llseries is the .top pick'solar lamp for Mobile Home parks, RV Parks. Campgrounds. Municipalities. HOA'S and Cemeteries all over the country with a light output of 30O lumens in EACH lamp head which is equivalent to roughly sOW. GS-97NF2 Double lamp head with 5' fitter GS-97NF3 Triple lamp head with 3' fi tter cs-cPaFT Commercial Crade Poles ._f GS4P65fl GS.97NF Lamp head with 3' fitter $1"?:,H'A",ciar crade sorar Post Lamp Features One or Two Lamp Heads Desion- GS-I29F GS-I29F2$ryr rr+i frtt gV cs-214E2 Bollard Stainless steel So,ar Pathmy Light with EZ Anchor Black or silver Finish .4 ryt/ 1t v GS-203 2W Solar flood light with Detachable Solar Panel Available in Bright White orWarm White cs-ggM-FPW Windsor Morph Solar Light Technology wall/Pier/3" Fitter MounB lncluded r-MofiA -@ ?'r t{H cs-I(x) centennial Commercial GEde Solar Post Light Available in Bright White or Warm White ' ldeal ior pol6 beM@n'lOll5'in helght. GS.IO Solar Security Light with Motion Sensr and Detachable Solar Panel cs-978-F lmperial Bulb Solar Post Lamp General Specifications Model: Hercules ll CPL1000 RH Platform Size: 36" Wide x 54" Deep - Enhanced Finish: Durable Powder Coating Capacity: 750lbs. Controls: Keyed Constant Pressure Paddle Switch dE-Stop Power Source: 120 VAC, 60h2, 15 Amp Circuit Motor: 1/3 HP,24VDC Motorwith Brake Drive System: Belt Driven Ball Screw Speed:10fpm Lift Height: 124" from floor Safe$ Devices: Limit Switches at each Stop Final Limit Switch at Top Non-Skid Platform Surface Obstruction Sensing Safety Pan Ball nut Safety Backup Optional Equipment DC Power (includes batteries) Keyed Call-Send Controls (Qty 2) E-Stop Alarm and Llghted Button EMI lnterlock for use with door/gate by others (Verify Local & State Code for use) Flush Mount Elechic Strike lnterlock (use w/flush Wood Door Jamb By Others) Emergency Light Tower Brace Safe$ Design Standards: ASME A18.1, Section 2 - Vertical Platform Lifts CSA 844.1 / ASME 17.5 - Elevator and Escalator Electrical Equipment ICC A117.1 Accessible and Usable Buildings and Facilities (section 410) ETL Listed - File Number 3148125 Notes: 1. Structural support by others. Pad construction requirements may vary from state to state. Dimensions given are AmeriGlide's recommended clearances, reflecting running and access clearances. Consult local authority to assure compliance with state and local codes. 2. Hoistway walls to be solid, smooth, plumb and square. Hoistway by others. 3. Any alterations to equipment without written authorization by AmeriGlide will void all warranties. o =g!o!''C, q) E b! E! EA l:gt i. E I @.625 X 4 Anchor Points Marked ( ) Notes: 1. (4) Kwik Bolt 3HDG 318"x 4" Sleeve Anchors supplied 2. Anchoring must be in compliance with ASME A'18.1 Section 2.1.8 ( Structural Support)