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HomeMy WebLinkAboutItem No. 08 - Amend. No. 2 Above All Names Construction Services, Inc.City of Lake Elsinore CITY OF 1 LAKE LSINOIZE 130 South Main Street Lake Elsinore, CA 92530 www.lake-elsinore.org DREAM EXTREME City Council Agenda Report File Number: ID# 22-079 Agenda Date: 2/22/2022 Version: 1 Status: Approval Final In Control: City Council / Successor Aqency File Type: Council Consent Calendar Agenda Number: 8) Amendment No. 2 to the Agreement with Above All Names Construction Services, Inc. for the Annual Citywide Curb, Gutter & Sidewalk Improvement Project CGS20 - CIP No. Z00001 Authorize the City Manager to execute Amendment No. 2 to the Agreement with Above All Names Construction Services, Inc., and increase compensation by an additional $250,000 for a not to exceed amount of $580,000 per fiscal year in such final form as approved by the City Attorney. City of Lake Elsinore Page 1 Printed on 211712022 CITY OF ins LADE 9 LSINORT M� DREAM EXTREME, REPORT TO CITY COUNCIL To: Honorable Mayor and Members of the City Council From: Jason Simpson, City Manager Prepared by: Rick De Santiago, Public Works Manager Date: February 22, 2022 Subject: Amendment No. 2 to the Agreement with Above All Names Construction Services, Inc. for the Annual Citywide Curb, Gutter & Sidewalk Improvement — CIP No. Z10001 Recommendations Authorize the City Manager to execute Amendment No. 2 to the Agreement with Above All Names Construction Services, Inc., and increase compensation by an additional $250,000 for a not to exceed amount of $580,000 per fiscal year in such final form as approved by the City Attorney. Background The City Council approved the award of contract to Above All Names Construction Services for the FY21-22 Annual Citywide Curb, Gutter & Sidewalk Improvements, and compensation was set at $330,000 per fiscal year. Above All Names completed the following projects this fiscal year: • Remove and replace sidewalk: 216 Townsend • Remove and replace sidewalk: 207 Townsend • Remove and replace curb and gutter and installed ADA ramp: Townsend/Sumner • Remove and replace curb and gutter and installed ADA ramp: 100 Lindsay/Graham (Church side) • Remove and replace curb and gutter and installed ADA ramp: Lindsay/Graham (Library side) • Demo Concrete due to 8" to 10" thick: 506 Graham/Lindsay • Remove and replace curb and gutter and installed ADA ramp: 300 N. Pottery/Lowell • Remove and replace curb and gutter and installed ADA ramp: Lowell/Pottery (North side vacant lot) • Remove and replace curb and gutter and installed ADA ramp: 711 Lowell/Pottery • Remove and replace curb and gutter and installed ADA ramp: Lowell/Pottery (Southside vacant lot) • Remove and replace of existing 4" PCC sidewalk: Pottery/Scrivener • Remove and replace curb and gutter and installed ADA ramp: Langstaff/Heald • Grind concrete repair brick paving: 123 Main St. • Remove and replace of existing 4" PCC sidewalk: 400 W. Graham (Planet Youth) Amendment No. 2 Annual Citywide Curb, Gutter & Sidewalk Agreement February 22, 2022 Page 2 • Concrete mix design: Graham/Lindsay/Pottery/Lowell • Saw cut, and remove and dispose of existing asphalt up to 4" thick: 521 N. Langstaff (Maintenance Yard) • Island remove asphalt and install new concrete with stamp: 299 San Jacinto Rd. • Saw cut and remove and dispose of existing asphalt up to 4" thick: 521 N. Langstaff (Maintenance Yard) Discussion As a result of a Citywide Sidewalk Assessment carried out in February 2021, there were school sidewalk zones, trip hazard sidewalks that have been identified as in need of repair. Staff would like to continue with much -needed repairs this fiscal year and is requesting additional funds to complete these projects. Fiscal Impact Funds are available in the CIP No. Z10001 Annual Citywide Curb, Gutter & Sidewalk Improvement budget. Exhibits A — Amendment No. 2 B — Amendment No. 1 C — Original Agreement AMENDMENT NO. 2 Click or tap here to enter text. TO AGREEMENT FOR CONTRACTOR SERVICES Above All Names Construction Services, Inc. Annual Citywide Curb, Gutter& Sidewalk Improvement CGS20 CIP Project No. Z10001 This Amendment No. 2 to Agreement for Contractor Services is made and entered into as of 2/22/2022, by and between the City of Lake Elsinore, a municipal corporation ("City), and Above All Names Construction Services Inc., a Corporation ("Contractor"). RECITALS A. The City and Contractor have entered into that certain Agreement for Construction Services dated as of 7/1/2020, (the "Original Agreement"). Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement. B. The Original Agreement provided for compensation to Contractor in an amount of Three Hundred Thousand dollars ($300,000.00) each fiscal year. C. The Original Agreement had a term of 36-mohths, commencing on 7/1/2020 and ending on 6/30/2023. D. Amendment No. 1 dated 6/22/2021, increased compensation by an additional $30,000 for a not to exceed compensation amount of$330,000 per fiscal year. E. The parties now desire to amend increase the payment for such services as set forth in this Amendment No. 2 for an annual amount not to exceed $580,000. NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, City and Contractor agree as follows: 1. Section 3, Compensation, of the Original Agreement is hereby amended to read in its entirety as follows: Compensation to be paid to Contractor shall be in accordance with the fees set forth in Contractor's Proposal (Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Contractor's annual compensation exceed Three Hundred Thirty Thousand Dollars ($580,000) without additional written authorization from the City. Notwithstanding any provision of Contractor's Proposal to the contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment. 2. Except for the changes specifically set forth herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Amendment No. 2 to be executed on the respective dates set forth below. "CONSULTANT" Above All Names Construction, Inc. "CITY" CITY OF LAKE ELSINORE, a municipal corporation Jason Simpson, City Manager Karen Pedregon Date: Date: ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Director of Administrative Services Attachments: Exhibit A-1 —Consultant's Proposal EXHIBIT A-1 CONSULTANT'S PROPOSAL [ATTACHED] DocuSign Envelope ID: F8159CA1-CE34-4F22-A77D-08D96ABC1A8F AMENDMENT NO. 1 TO AGREEMENT FOR CONTRACTOR SERVICES Above All Names Construction Services, Inc. Annual Citywide Curb Gutter& Sidewalk Improvement CGS20C CIP Project No. Z10001 This Amendment No. 1 to Agreement for Contractor Services is made and entered into as of 6/22/2021, by and between the City of Lake Elsinore, a municipal corporation ("City), and Above All Names Construction Services, Inc., a Corporation ("Contractor"). RECITALS A. The City and Contractor have entered into that certain Agreement for Contractor Services dated as of 6/23/2020, (the "Original Agreement"). Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement. B. The Original Agreement provided for compensation to Contractor in an amount of Three Hundred Thousand dollars each fiscal year. C. The Original Agreement had a term of 36-months, commencing on 7/1/2020 and ending on 6/30/2023. D. The parties now desire to increase compensation by an additional $30,000 for a not to exceed compensation amount of$330,000 per fiscal year. NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, City and Contractor agree as follows: 1. Section 3, Compensation, of the Original Agreement is hereby amended in its entirety to read as follows: Compensation to be paid to Contractor shall be in accordance with the fees set forth in Contractor's Proposal (Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Contractor's annual compensation exceed Three Hundred Thirty Thousand Dollars ($330,000) without additional written authorization from the City. Notwithstanding any provision of Contractor's Proposal to the contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment. 2. Except for the changes specifically set forth herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. (Signatures on next page) DocuSign Envelope ID: F8159CA1-CE34-4F22-A77D-08D96ABC1A8F IN WITNESS WHEREOF, the parties have caused this Amendment No. 1 to be executed on the respective dates set forth below. "CITY" "CONTRACTOR" CITY OF LAKE ELSINORE, a municipal ABOVE ALL NAMES CONSTRUCTION, INC. corporation DocuSigned by: Docu7ned by: �aSbin, simrs6tn /I1S/ci f ]3 $4a Jason Simpson, City Manager Karen Pedregon Date: 7/9/2021 1 7:50 AM PDT Date:7/9/2021 1 10:46 AM EDT ATTEST: DocuSigned by: City Clerk APPROVED AS TO FORM: DocuSApigned by: 6 e �a26G+?.Gc�P�i�boc,w City Attorney EsDocuSigned by: Lun.Ahv, !°wLbu 678FB35M E42495 Administrative Services Director DocuSign Envelope ID: F8159CA1-CE34-4F22-A77D-08D96ABC1A8F EXHIBIT A ORIGINAL AGREEMENT DocuSign Envelope ID: F8159CA1-CE34-4F22-A77D-08D96ABC1A8F AGREEMENT FOR CONTRACTOR SERVICES Above All Names Construction Services, Inc. Annual Curb, Gutter& sidewalk Repair Program C I P Project No. Z1 000 1 This Agreement for Professional Services (the "Agreement") is made and entered into as of June 23, 2020, by and between the City of Lake Elsinore, a municipal corporation ("City") and Above All Names Construction Services, Inc., a Corporation ("Contractor"). RECITALS A. The City has determined that it requires the following professional services: Curb, Gutter and Sidewalk Repair- various locations within the City. B. Contractor has submitted to City a proposal, dated May 29, 2020, attached hereto as Exhibit A ("Contractor's Proposal") and incorporated herein, to provide professional services to City pursuant to the terms of this Agreement. C. Contractor possesses the skill, experience, ability, background, certification and knowledge to perform the services described in this Agreement on the terms and conditions described herein. D. City desires to retain Contractor to perform the services as provided herein and Contractor desires to provide such professional services as set forth in this Agreement. AGREEMENT 1. Scope of Services. Contractor shall perform the services described in Contractor's Proposal (Exhibit A). Contractor shall provide such services at the time, place, and in the manner specified in Contractor's Proposal, subject to the direction of the City through its staff that it may provide from time to time. 2. Time of Performance. a. Time of Essence. Time is of the essence in the performance of this Agreement. The time for completion of the professional services to be performed by Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the professional services contemplated pursuant to this Agreement according to the agreed upon performance schedule in Contractor's Proposal (Exhibit A). b. Performance Schedule. Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the Contractor's Proposal (Exhibit A). When requested by Contractor, extensions to the time period(s) specified may be approved in writing by the City Manager. C. Term and Compliance with Task/Work Order System. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall continue in full force and effect for a period commencing on July 1, 2020 and ending June 30, 2023. The City may, at its sole discretion, extend the term of this Agreement on a 12-month basis not to exceed 2 Above All Names-FY20-21 Agreement Pagel DocuSign Envelope ID: F8159CA1-CE34-4F22-A77D-08D96ABC1A8F additional twelve (12) month renewal terms by giving written notice thereof to Contractor not less than thirty (30) days before the end of the contract term, such notice to be exercised by the City Manager. Contractor hereby agrees and acknowledges that any and all work or services performed pursuant to this Agreement shall be based upon the issuance of a Task/Work Order by the City. Contractor acknowledges that it is not guaranteed any minimum or specific amount of work or services as all work or services shall be authorized through a Task/Work Order issued by the City. 3. Compensation. Compensation to be paid to Contractor shall be in accordance with the fees set forth in Contractor's Proposal (Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Contractor's annual compensation exceed Three Hundred Thousand Dollars ($300,000) without additional written authorization from the City. Notwithstanding any provision of Contractor's Proposal to the contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment. 4. Method of Payment. Contractor shall promptly submit billings to the City describing the services and related work performed during the preceding month to the extent that such services and related work were performed. Contractor's bills shall be segregated by project task, if applicable, such that the City receives a separate accounting for work done on each individual task for which Contractor provides services. Contractor's bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Contractor no later than forty-five (45) days after receipt of the monthly invoice by City staff. 5. Background Checks. At any time during the term of this Agreement, the City reserves the right to make an independent investigation into the background of Contractor's personnel who perform work required by this Agreement, including but not limited to their references, character, address history, past employment, education, social security number validation, and criminal or police records, for the purpose of confirming that such personnel are lawfully employed, qualified to provide the subject service or pose a risk to the safety of persons or property in and around the vicinity of where the services will be rendered or City Hall. If the City makes a reasonable determination that any of Contractor's prospective or then current personnel is deemed objectionable, then the City may notify Contractor of the same. Contractor shall not use that personnel to perform work required by this Agreement, and if necessary, shall replace him or her with a suitable worker. 5. Suspension or Termination. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10)days prior written notice. Upon receipt of such notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, Page 2 DocuSign Envelope ID: F8159CA1-CE34-4F22-A77D-08D96ABC1A8F provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an Invoice to the City, pursuant to Section entitled "Method of Payment" herein. 7. Plans, Studies, Documents. a. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Contractor, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notepad internal documents, shall become the property of the City upon payment to Contractor for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Contractor or to any other party. Contractor shall, at Contractor's expense, provide such reports, plans, studies, documents and other writings to City upon written request. City shall have sole determination of the public's rights to documents under the Public Records Act, and any third- party requests of Contractor shall be immediately referred to City, without any other actions by Contractor. b. Licensing of Intellectual Property. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require that all subcontractors agree in writing that City is granted a nonexclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Contractor or provided to Contractor by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. C. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Contractor in connection with the performance of this Agreement shall be held confidential by Contractor. Such materials shall not, without the prior written consent of City, be used by Contractor for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Contractor which is otherwise known to Contractor or is generally known, or has become known, to the related industry shall be deemed confidential. Contractor shall not use City's name or insignia, photographs relating to project for which Contractor's services are rendered, or any publicity pertaining to the Contractor's services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 8. Contractor's Books and Records. a. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) Page 3 DocuSign Envelope ID: F8159CA1-CE34-4F22-A77D-08D96ABC1A8F years, or for any longer period required by law, from the date of final payment to Contractor to this Agreement. b. Contractor shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. C. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to d❑ so. Otherwise, unless an alternative is mutually agreed upon,the records shall be available at Contractor's address indicated for receipt of notices in this Agreement. d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Contractor's business, City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Contractor, Contractor's representatives, or Contractor's successor-in-interest. 9. Independent Contractor. a. Contractor is and shall at all times remain as to the City a wholly independent contractor pursuant to California Labor Code Section 3353. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents, except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation, or liability whatsoever against City, or bind City in any manner. b. Notwithstanding any other federal, state and local laws, codes, ordinances and regulations to the contrary and except for the fees paid to Contractor as provided in the Agreement, Contractor and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits. 10. PERS Eligibility Indemnification. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS)to be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Page 4 DocuSign Envelope ID: F8159CA1-CE34-4F22-A77D-08D96ABC1A8F 11. Interests of Contractor. Contractor (including principals, associates and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Contractor's services hereunder. Contractor further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement. Contractor is not a designated employee within the meaning of the Political Reform Act because Contractor: a. will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and b. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).) 12. Professional Ability of Contractor. City has relied upon the professional training and ability of Contractor to perform the services hereunder as a material inducement to enter into this Agreement. Contractor shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement. All work performed by Contractor under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Contractor's field of expertise. 13. Compliance with Laws. a. Contractor shall comply with all local, state and federal laws and regulations applicable to the services required hereunder, including any rule, regulation or bylaw governing the conduct or performance of Contractor and/or its employees, officers, or board members. b. Contractor represents that it has obtained and will maintain at all times during the term of this Agreement all professional and/or business licenses, certifications and/or permits necessary for performing the services described in this Agreement, including a City business license. 14. Licenses. Contractor represents and warrants to City that it has the licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Contractor to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Contractor to practice its profession. Contractor shall maintain a City of Lake Elsinore business license. 15. 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 Page 5 DocuSign Envelope ID: F8159CA1-CE34-4F22-A77D-08D96ABC1A8F 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. 16. Insurance Requirements. a. Insurance. Contractor, at Contractor's own cost and expense, shall procure and maintain,for the duration of the contract, unless modified by the City's Risk Manager, the following insurance policies. i. Workers' 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. 11188) 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. Page 6 DocuSign Envelope ID: F8159CA1-CE34-4F22-A77D-08D96ABC1A8F 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. 12190) Code 1 ("any auto"). No endorsement may be attached limiting the coverage. iv. Professional Liability Coverage. 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 Contractors. 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. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the protection offered by all policies, except for Workers' Compensation, shall bear an endorsement whereby it is provided that, the City and its officers, employees, servants, volunteers and agents and independent contractors, including without limitation, the City Manager and City Attorney, are named as additional insureds. Additional insureds shall be entitled to the full benefit of all insurance policies in the same manner and to the same extent as any other insureds and there shall be no limitation to the benefits conferred upon them other than policy limits to coverages. 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. Page 7 DocuSign Envelope ID: F8159CA1-CE34-4F22-A77D-08D96ABC1A8F 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. 17, Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section. If to City: City of Lake Elsinore Attn: City Manager 130 South Main Street Lake Elsinore, CA 92530 With a copy to. City of Lake Elsinore Attn: City Clerk 130 South Main Street Lake Elsinore, CA 92530 If to Contractor: Above All Names Construction Services, Inc. Attn: Karen Pedregon 1648 W. Persimmon Street Rialto,CA 92377 18. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Contractor and the subcontractors listed in Exhibit B. Contractor shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or obligations of the Contractor under this Agreement will be permitted only with the express consent of the City. Contractor shall not subcontract any portion of the work to be performed under this Agreement except as provided in Exhibit B without the written authorization of the City. If City consents to such subcontract, Contractor shall be fully responsible to City for all acts or omissions of those subcontractors. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law. 19. 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. 20, 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. Page 8 DocuSign Envelope ID: F8159CA1-CE34-4F22-A77D-08D96ABC1A8F 21. 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. 22. 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. 23. 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. 24. Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Contractor agrees to fully comply with all applicable federal and state labor laws (including, without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in connection with the Work or Services provided pursuant to this Agreement, Contractor shall bear all risks of payment or non-payment of prevailing wages under California law, and Contractor hereby agrees to defend, indemnify, and hold the City, and its officials, officers, employees, agents, and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement. 25. 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. 26. 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. 27. Authority to Enter Agreement. 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 Page 9 DocuSign Envelope ID: F8159CA1-CE34-4F22-A77D-08D96ABC1A8F 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. 28. Counterparts. 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. 29. Entire Agreement; Incorporation; Conflict. This Agreement contains the entire understanding between the parties relating to the obligations described herein. All prior or contemporaneous understandings, agreements, representations and statements, oral or written, are superseded in total by this Agreement and shall be of no further force or effect. Contractor's Proposal is incorporated only for the description of the scope of services and/or the schedule of performance and no other terms and conditions from such proposal shall apply to this Agreement unless specifically agreed to in writing. In the event of conflict, this Agreement shall take precedence over those contained in the Contractor's Proposal. 30. 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. [Signatures on next page] Page 10 DocuSign Envelope ID: F8159CA1-CE34-4F22-A77D-08D96ABC1A8F IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above. Click or tap here to enter text. "CITY" "CONTRACTOR" CITY OF LAKE ELSINORE, a municipal Above All Names Construction Services, Inc., a Corporation Corporation DocuSgned by: DwuSgned by: Yr,b+• PLJ`V' AEE878A3E2484AF... 72CA33A9FAC1Ad5... Grant Yates, City Manager By: Karen Pedregon Its: SeC/Treas ATTEST: {DocuSgned by: V 2�aie149748CO"o . City Clerk APPROVED AS TO FORM: DticuSignetl by: l+5688DE-09BAFASC... City Attorney EDocuSigned by, S � 678FB35A1E42495.. mask manager Attachments: Exhibit A— Contractor's Proposal Page 11 DocuSign Envelope ID: F8159CA1-CE34-4F22-A77D-08D96ABC1A8F EXHIBIT A CONTRACTOR'S PROPOSAL [ATTACHED] EXHIBIT A DocuSign Envelope ID: F8159CA1-CE34-4F22-A77D-08D96ABC1A8F BIDDER'S PROPOSAL AND OTHER DOCUMENTS Annual Curb, Gutter, & Sidewalk Maintenance DocuSign Envelope ID: F8159CA1-CE34-4F22-A77D-08D96ABC1A8F CITY OF ,ram LAKE LSINOKE =tom DREAM F:,XTRFME I• ADDENDUM NO. 1 Curb Gutter and Sidewalk— Project No. 210001 April 24, 2020 Addendum No. 1 to correct Notice Inviting Bids and Bid Document Pages 1, and 3. Changes made to reflect 'Electronic Only' bid process via PlanetBids. Please acknowledge Addendum No. 1 with your signature and date and include it with your BID submittal. BID's are due May 29, 2020 by 2:30 P.M. r� - I?q DocuSign Envelope ID: F8159CA1-CE34-4F22-A77D-08D96ABC1A8F CITY OF LAI,E LSINO DREAM EXTREME ADDENDUM ND. 2 Curb Gutter and Sidewalk—Project No. Z10001 May 14, 2020 Addendum No. 2—Cover Page and Page 1 — Notice Inviting Bids - Scope Curb Gutter and Sidewalk Program -- FY20-21. Budget Total $300,000. Please acknowledge Addendum No. 2 with your signature and date and include it with your BID submittal. BID's are due May 29, 2020 by 2:30 P.M. DocuSign Envelope ID: F8159CA1-CE34-4F22-A77D-08D96ABC1A8F CITY OF ^=NL_ LADE �' LSINO E DREAM EXTREME IV- ADDENDUM NO. 3 Curb Gutter and Sidewalk— Project No. Z10001 May 22, 2020 Addendum No. 3 1. Amendment— Replace Construction Agreement with Contractor Services Agreement - Pages 19 through 27 2. Correct on Planet Bids only Line Item 47. Detectable/Tactile Warning Tiles from SF to 'EACH' Please acknowledge Addendum No. 3 with your signature and date and include it with your BID submittal. BID's are due May 29, 2020 by 2.30 P.M. DocuSign Envelope ID: F8159CA1-CE34-4F22-A77D-08D96ABC1A8F BIDDER'S PROPOSAL CGS20 BIDDER'S PROPOSAL ANNUAL CURB, GUTTER & SIDEWALK REPAIR PROGRAM CGS20 TO THE HONORABLE MAYOR AND CITY COUNCIL of the City of Lake Elsinore, California N From (Bidder): 'L� P�IY1 S 1. This Proposal has been submitted to the: Location: City Clerk, City of Lake Elsinore Mailing Location: City Cleric, City of Lake Elsinore 130 South Main Street 130 South Main Street Lake Elsinore, CA 92530 Lake Elsinore, CA 92530 Time: 2:30 p.m. Date: May 29, 2020 2. In compliance with the Notice Inviting Bids,the undersigned as Bidder hereby proposes to furnish all materials, equipment and all other labor and methods and do all things necessary for the proper construction and completion of the work, in strict and complete accord with the Agreement,Special Provisions(which includes the General Provisions and Technical Provisions),Plans,Specifications, and other Contract documents now on file in the Public Works Department of the City of Lake Elsinore at the prices set forth in the Bid Schedule herein for the work generally described for the said project. 3. The undersigned as Bidder, hereby declares that he or she has carefully examined the location of the proposed work generally described above and is familiar with the Special Provisions, Plans, Specifications and local conditions at the place the work is to be done and also understands that all labor, materials and equipment to be furnished, shall be for the prices bid, and that the undersigned has also checked figures set forth hereinafter in the Bid Schedule and understands that neither the City of Lake Elsinore,the Community Redevelopment Agency of the City of Lake Elsinore, nor any officer or employee therefore will be responsible for any misunderstandings,errors or omissions on the part of the undersigned in submitting this Proposal. 4. The complete Contract includes all of the Contract documents as if set forth in full herein,to wit,the Agreement, any and all Contract Change Orders issued after the execution of the Agreement, any and all addenda issued prior to the opening of the Bids, the Special Provisions, the Project Plans, the Standard Plans, the Standard Specifications, reference Specifications, the Bidder's Proposal, the Notice Inviting Bids,the Nan-Collusion Affidavit, the Faithful Performance Bond,the Labor and Materials Payment Bond and insurance, all of which are essential parts of this Contract. The undersigned further agrees that failure to execute and file the Agreement or to file the required Faithful Performance Bond, Labor and Materials Payment Bond, and Insurance Certificates (amounting to a minimum of $2,000,000 for comprehensive general liability and a minimum of $1,000,000 for automobile liability)to the City within fourteen (14)calendar days after the date of the receipt of the contract shall be sufficient cause for the annulment of the Award with forfeiture of the Proposal guarantee pursuant to the provisions of Section 20172 of the Public Contract Code. 5 DocuSign Envelope ID: F8159CA1-CE34-4F22-A77D-08D96ABC1A8F BIDDER'S PROPOSAL CGS20 5. In submitting a bid, the Bidder certifies to the City that he/she has trained his/her employees and subcontractors, if any, for Urban Runoff management and included sufficient sums in the bid price to cover such costs of said training (Regional Wafer Quality Control Board Order No. R8-2002-0011, NPDES No. CAS 618033 (Municipal Separate Storm Sewer System NPDES Permit), Section XI.I). The Contractor is responsible for all clean up and payment of all fines levied as a result of any illegal discharge (as defined in said NPDES permit) occurring as a result of the Contractor's work and/or operations. 6. If the Bidder is making a change to the Bidder's proposal prior to submission of the bid, the Bidder is to fine through the existing script, add the revision, and initial. 7. In submitting the bid, if the Bidder's Proposal transferred to another Bidder, the Bidder's proposal shows any alterations of form, additions not called for, conditional or alternative bids uncalled for, ❑rfailing to provide required information except as allowed by law,the bid will be considered non-responsive and will be rejected. 8. The Bidder shall set forth for each item of work, in clearly legible figures, an item price and a total for the item in the respective spaces provided for this purpose. In the case of unit basis items, the amount set forth under the "Total" column shall be the product of the unit price multiplied by the estimated quantity for the item. 9. In case of discrepancy between the unit price and the total set forth for the item, the unit price shall prevail, except however, that if the amount set forth as a unit price is ambiguous, unintelligible or uncertain for any cause, or if it is omitted, or in the case of unit basis items, Is the same amount as the entry in the "Total" column, or in the case of lump sum items, is not the same amount as the entry in the "Total" column, then the amount set forth in the"Total"column for the item shall prevail in accordance with the following: (a) As to the lump sum items, the amount set forth in the "Total"column shall be the same amount in the unit price column. Lump sum items are considered to be a unit of one. (b) As to unit basis items, the amount set forth in the "Total" column shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price. 10. The Bidder shall also set forth in clearly legible figures the "Total Bid Amount" in the spaces provided at the bottom of the Bid Schedule. 11. In case of discrepancy between the calculated sum of the "Total Cost" column and the number representing the cumulative total of the bid items, the calculated sum of the `Total Cost" column shall prevail over the number representing the cumulative total of the bid items. 12. In submitting the Bid, if the Bidder fails to provide or omits a cost for a bid line item, then the Bid will be considered non-responsive and will be rejected. 13. In submitting the Bid, the Bidder offers and agrees that if the Bid is accepted, the Bidder shall guarantee that all work performed under this Contract fully meets the requirements there of, as to quality of workmanship and materials furnished,for a period of one year from the date of acceptance of the work by the City Council. 6 DocuSign Envelope ID: F8159CA1-CE34-4F22-A77D-08D96ABC1A8F BIDDER'S PROPOSAL CGS20 14. In submitting the bid, the Bidder is aware that this is a Public Works project requiring payments of prevailing wage rates, Certified Payrolls are required to be submitted weekly by the Contractor, subcontractors), and owner operators. Contract payments will be withheld for delinquent or inadequate Certified Payrolls (LC 1771.5). 15. In submitting the bid, the bidder offers and agrees that if the bid is accepted, the bidder and its subcontractor(s) shall perform all work in accordance with the project Plans and Specifications, including all stipulations designed to meet diversified Federal Environmental, Architectural and related laws and regulations. 16. In submitting the bid, the Bidder offers and agrees that if the bid is accepted, the Bidder and its subcontractor(s)shall allow all authorized Federal, State, County, and/or Cityofficials access to the work area, fiscal, payroll, materials, and other relevant Contract records, All relevant records shall be retained for at least three years or longer, as required by law, from the date of the Notice of Completion, 17. In submitting the Bid, the Bidder offers and agrees that if the Bid is accepted, the Bidder and subcontractor(s)shall comply with all laws,ordinances,and regulations applicable to the work. If the Contractor ascertains at anytime that any of the requirements of the Contract are at variance with applicable laws), ordinances, regulations, or building code requirements, he or she shall promptly notify the City of Lake Elsinore Public Works Department, and shall not proceed with the work in question, except at his or her own risk, until the Engineer has had an opportunity to determine the extent of the responsibility for the variance,and the appropriate corrective actions to be undertaken. 18. The Contractor shall compiywith all laws, ordinances, and regulations applicable to the work. If the Contractor ascertains at any time that any of the requirements of the Contract are at variance with applicable law, ordinances, regulations, or building code requirements, he or she shall promptly notify the City of Lake Elsinore Public Works Department, and shall not proceed with the work in question, except at his or her own risk, until the Engineer has had an opportunity to determine the extent of the responsibility for the variance and the appropriate corrective actions to be undertaken, 19. The Contractor shall submit the "Non - Collusion Affidavit" with the Bid. 20. RECEIPT OF TOTAL ADDENDA NO(Si + 15 HEREBY ACKNOWLEDGED. PROPOSAL MAY BE REJECTED IF ANY !SSUEID ADDENDA IS NOT ACKNOWLEDGED. 21. The Bidder r ` �`r�1��? W_ J�.�C 1C� �� �L�,`_7--L1 (Contractors Name) is a (individual, partnership, or corporation 22. if a corporation, incorporated under the laws of the GL 23. It an individual, state individual's name. If a partnership, state names of all individuals, co-partners, composing the firm. If a corporation, state names of president, secretary, treasurer and chief executive officer thereof. If the Bidder fails to provide the requested information, the bid will be considered non- responsive and will be rejected. _QC, 140 C . cap► c ;�t -- `�I L��_1.Ii -,,� - `� .ter C- 7 DocuSign Envelope ID: F8159CA1-CE34-4F22-A77D-08D96ABC1A8F BIDDER'S PROPOSAL CGS20 24. In submitting this Bid, the undersigned as Bidder agrees to perform, with its own organization, work amounting to at least fifty percent (50%)of the bid amount except that any designated "specialty items" may be performed by subcontract and may be deducted from the bid amount before computing the amount of work required to be performed by the Bidder. If the Bidder, after computing the amount of work required, fails to meet at least fifty percent (50%) of the amount of work required with its own forces, the Bid will be considered non-responsive and will be rejected with no further consideration. 25. The Bidder understands that if he or she fails to specify a subcontractor or if a bidder specifies more than one subcontractor for the same portion of work to be performed under the contract in excess of one half of one percent (0.5%) of the bidder's total bid. the bidder shall be deemed to have agreed to perform such portion himself or herself, and that he or she shall not be permitted to sublet or subcontract that portion of the work except as may be duly consented to by the City pursuant to the provisions of Section 4107, of the Public Contract Code (PCC 4106). 26. The Bidder understands that circumvention by a general contractor who bids as a prime contractor of the requirement under Section 4104 for him or her to list his or her subcontractors, by the device of listing another contractor who will in turn sublet portions constituting the majority of the work covered by the prime contract, shall be considered a violation of Chapter 4"Subletting and Subcontracting"starting with Section 4100 of the Public Contract Code and shall subject that prime contractor to the penalties set forth in Section 4110 and 4111 of the Public Contract Code (PCC 4105). 27, In compliance with the provisions of the Public Contract Code, Section 4104, the undersigned Bidder herewith sets forth the name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime Contractor in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who, under subcontract to the prime Contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the Plans and Specifications, in an amount in excess of one-half of one percent(0.5%)of the prime Contractor's total bid, or in the case of Bids for the construction of streets, highways, including bridges, in excess of one-half of one percent (0,5%) of the prime Contractor's total bid or ten thousand dollars ($10,000), whichever is greater, and the portion of the work which will be done by each subcontractor. The Bidder shall not list more than one subcontractor for the same portion of work. 28. All additional information required by the City regarding any subcontractor who the Bidder is required to list under the Provisions of Sections 4104 and 4107 of the Public Contract Code, other than the subcontractor's name and location (city) of business or State Contractor's License number, may be submitted by the Bidder up to 24 hours after the deadline time and date for receipt of Bids. Failure to timely provide all required subcontractor information shall result in the Bid being determined non-responsive. 81 DocuSign Envelope ID: F8159CA1-CE34-4F22-A77D-08D96ABC1A8F BIDDER'S PROPOSAL CGS20 REQUIRED SUBCONTRACTORS INFORMATION NAME LICENSE NO.AND CLASSIFICATIO LEPHONE ��ON TE OF WORK CONTRACTED: ADDRESS BID AMOUNT %OF ITEM TOTAL NOS. BID CITY,ZIP NAME LICENSE NO.AND CLASSIFICATION TELEPHONE DESCRIPTIO ORK CONTRACTED: ADDRESS BID AMOUNT %OF ITEM TOTAL —� NOS. BID CITY,ZIP NAME 11 LICENSE NO.AND CLASSIFICATIO �y TELEPHONE D TIOIN OF WORK CONTRACTED: ADDRESS _— BID AMOUNT %OF ITEM TOTAL NOS. BID CITY,ZIP - 9 DocuSign Envelope ID: F8159CA1-CE34-4F22-A77D-08D96ABC1A8F BIDDER'S PROPOSAL CGS20 REQUIRED SUBCONTRACTORS INFORMATION NAME LICENSE NO.AND CLASSIFICATION TELEPHONE IDESCRIPTION OF WORK ADDRESS BID AMOUNT %OF ITEM TOTAL CITY,ZIP NOS. BID NAME FF LICENSE NO.AND CLASSIFICATIM TELEPHONE RIPTION OF WORK CONTRACTED: ADDRESS BID AMOUNT %OF ITEM TOTAL BID CITY,ZIP NOS. Ell NAME LICENSE NO.AND CLASSIFICATION 1�1 �- TELEPHON T1ON OF WORK CONTRACTED: ADDRESS BID AMOUNT % OF ITEM TOTAL CITY,ZIP NOS. BID Duplicate this form as necessary to report bidder and all subcontractor(s) (DBEs and non-DBEs) information 10 DocuSign Envelope ID: F8159CA1-CE34-4F22-A77D-08D96ABC1A8F BIDDER'S PROPOSAL CGS20 CITY OF LAKE ELSINORE BIDDER'S PROPOSAL - BID SCHEDULE ANNUAL CURB, GUTTER a SIDEWALK REPAIR PROGRAM CGS20 BIDDER:! f— L j`1 �n 011n�TicDcKKIWid—S a4C (Contractor Name) BASE BID REMOVE AND REPLACE of EXISTING 4" PCC SIDEWALK: ITEM NO. CODE DESCRIPTION OF ITEMS UNIT COST (FIGURES) 1 1-80 Sq. Ft Per Sq.Ft, 2 81-160 Sq. Ft. cc- Per Sq.Ft. 3 161-240 Sq. Ft. &( ; Per Sq.Ft. 4 241-320 Sq. Ft. L`U Per Sq,Ft. 5 321-400 Sq. Ft. 60 Per Sq.Ft. 6 401-480 Sq. Ft. L ':; Per Sq.Ft. 7 481-560 Sq. Ft. - Per Sq.Ft. 8 561-640 Sq. Ft. �: Per Sq.Ft. 9 641-720 Sq. Ft. C c', Per Sq.Ft. 10 721 and Greater Sq. Ft. Per Sq.Ft. BASE BID INSTALL. 4" PCC SIDEWALK: ITEM NO. CODE DESCRIPTION OF ITEMS UNIT COST (FIGURES) 11 1-80 Sq. Ft. Per Sq.Ft. 12 81-160 Sq. Ft. ri [c Per Sq.Ft. 13 161-240 Sq. Ft. 21L, Per Sq.Ft. 14 241-320 Sq. Ft. r-1 - C Per Sq.Ft. 15 321400 Sq. Ft. (,0 Per Sq.Ft. 16 401-480 Sq. Ft. (� 6 c, Per Sq.Ft. 17 481-560 Sq. Ft. �.��, Per Sq.Ft. 18 561-640 Sq. Ft. Per Sq.Ft. 19 641-720 Sq. Ft. & Per Sq.Ft. 20 721 and Greater Sq. Ft. L'�; Per Sq.Ft. 1 ]-A DocuSign Envelope ID: F8159CA1-CE34-4F22-A77D-08D96ABC1A8F BIDDER'S PROPOSAL CGS24 BASE BID 6": REMOVE AND REPLACE OF EXISTING PCC CURB AND GUTTER TYPE 6: ITEM No. CODE DESCRIPTION OF ITEMS UNIT COST (FIGURES) 21 1-16 L.F. G� 06 Per L.F 22 17-32 L.F. Per L.F 23 33-48 L.F. Per L.F 24 49-64 L.F. �� Per L.F 25 65-80 L.F. Co Per L.F 26 81-96 L.F. Per L.F 27 97-112 L.F. Per L.F 28 113-128 L.F. Per L.F 29 129-144 L.F. C Per L.F 36 145 and Greater L.F. �.�. Per L.F BASE BID 8": REMOVE & REPLACE TYPE 8 PCC CURB & GUTTER: ITEM NO. CODE DESCRIPTION OF ITEMS UNIT COST (FIGURES) 31 1-16 L.F. L4 r:, C Per L.F 32 17-32 L.F. CC Per L.F 33 33-48 L.F. i Per L.F 34 49-64 L.F. 5' Per L.F C' 35 65-89 L.F. Per L.F QC � 36 81-96 L.F. r50, W Per L.F 37 97-1 12 L.F. r- Per L.F 38 113-128 L.F. f`Q cL Per L.F 39 129-144 L.F. 50. QD Per L.F 46 145 and Greater L.F. Per L.F 11-B DocuSign Envelope ID: F8159CA1-CE34-4F22-A77D-08D96ABC1A8F SiDDER'S PROPOSAL CGS20 BASE BID: INSTALL 6" PCC RESIDENTIAL DRIVE APPROACHES: ITEM NO. FCODE DESCRIPTION OF ITEMS UNIT COST (FIGURES) 41 1-60 S.F. ; ,C, , Per S.F. 42 61-120 S.F. c Per S.F. 43 121 and Greater S.F. � ) Per S.F. BASE BID: INSTALL 8" PCC COMMERCIAL DRIVE APPROACHES: ITEM NO. CODE DESCRIPTION OF ITEMS UNIT COST (FIGURES) 44 1-60 S.F. 1 Per S.F. 45 61-120 S.F. Per S.F. 46 121 and Greater S.F. Per S.F. BASE BID: MISCELLANEOUS ITEMS: ITEM NO. CODE DESCRIPTION OF ITEMS UNIT COST (FIGURES) 47 Detectable 1 Tactile Warning Each Tiles EA DocuSign Envelope ID: F8159CA1-CE34-4F22-A77D-08D96ABC1A8F BIDDER'S PROPOSAL CGS2❑ CITY OF LAKE ELSINORE BIDDER'S PROPOSAL - BID SCHEDULE ANNUAL CURB GUTTER AND SIDEWALK PROGRAM CGS20 BIDDER: �����I= NOTE: (Contractor Name) The City will determine and select the contractor based on the evaluation of Unit Prices provided on Bid Schedule that best serves the City's interest. The bid Shall include, but not be limited to, sales tax and all other applicable taxes and fees. Codes: Units of Measurement: (D) Deduct EA Each (F) Final Pay Quantities (S) Specialty Item L.F. Linear Feet m2 square meter(s) m meter(s) Total bid amount in NUMBERS for Base Bid Items only(Based in Estimated Quantities of Items t through 47: C-- 12 DocuSign Envelope ID: F8159CA1-CE34-4F22-A77D-08D96ABC1A8F BIDDER'S PROPOSAL CGS20 BIDDER'S SIGNATURE PAGE CONTRACTORS STATE LICENSE: Number: ,- b - 0 Classifications): Expiration Date: (Business & Professions C de 7028.15) FEDERAL IDENTIFICATION NO.: [c -- ,3?.1j 0 Ss 15 :�11 PRESENT CITY BUSINESS LICENSE: Number: 0 � -� --1 �Lq (Not required at time Bid is submitted) Expiration Date: BIDDER: !! !! (Contractor Name) ADDRESS: `t TELEPHONE N�UMBER(S): O( ;C- EMAIL: 0 PRINT NAME: SIGNATU TITLE: -, l T DATE: D PRINT NAME: Q1L0zk_e_"1:,kj SIGNATURE: cy, ? TITLE: �] E C ��j � DATE: SIGNING INSTRUCTIONS TO THE CONTRACTOR Bidders Signature Page must be accompanied by notary certificates for EACH signature. Note the description of the document on the notary certificate. Attach ALL notary certificates immediately following this page. General Partners must sign on behalf of the partnership. In the event that the contracting firm is a corporation, two 2 corporate officer's having authority from the corporation MUST sign two 2 signatures total). If the corporation has a corporate resolution stating that one person is authorized to ai n on behalf of all officers attach corporate resolution immediatelV followiElq the notary certificates. Corporate Seal may be affixed hereto. If the bidder fails to properly sign or omits required signatures,the bid will be considered non-responsive and will be rejected. NOTE: Name on State Contractor License must agree with Bidder's name. Ii DocuSign Envelope ID: F8159CA1-CE34-4F22-A77D-08D96ABC1A8F CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California 7 County of S ) On �'���LI �� . �. before me, ol. , Hate Here Insert Name and Ti of the Officer personally appeared .o PIA arne(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the personlo whose name ] are sub 'bed to the within instrument and acknowledged to me that fte/ i It�y executed the same in e their authorized capacity f,and that by a th&signatures]on the instrument the person, or tie entit u on behalf of which the erson acted,'executed the instrument. Y p p �� 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. CQIZRINA BU5TD6 I (�M. COMM.0 2201476 -�� NOTARY PURLiC•CAIWORNIA Signature LOS ANGELES COUNTY Signature of Notary Public Comm EKPOS DUNE 15.2021 Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: ]�fj Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signers) Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑General ❑Partner — ❑Limited ❑General ❑ Individual ❑Attorney in Fact ❑Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑other: ❑ Other: Signer Is Representing: Signer Is Representing: 92015 National Notary Association -www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item #5907 DocuSign Envelope ID: F8159CA1-CE34-4F22-A77D-08D96ABC1A8F CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certifiicate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of rr�Yy:: } On _MA4 �7rYl . �� before me, 00 Date �1 ,� Here Insert Name and T e of the Officer } personally appeared �d C `'4 Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person($ whose named) &are subscribed to the within instrument and acknowledged to me that 6&shtfth>Yy executed the same in <E&herftheir authorized capacityosj,and that by6NAiei �' signatureW on the instrument the personffir, or the entity upon behalf of which the personKacted, executed the instrument. 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. CORRINA BUSTOS r� R CC�u1M.# 2201478 . x NOTARY PUBLIC-CALIF0 MfA � Signature Las AMOELEs COUNT, Signature of Notary Public my Comm EtpKes IUNE 16.2021 Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: {' 1 4 '1 ,'`� Document Date; Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑Partner — ❑ Limited ❑General ❑ Partner — ❑ Limited ❑General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 02015 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-5827) Item #5907 DocuSign Envelope ID: F8159CA1-CE34-4F22-A77D-08D96ABC1A8F BIDDER'S PROPOSAL CGS20 NON-COLLUSION AFFIDAVIT ANNUAL CURB, GUTTER & SIDEWALK REPAIR PROGRAM CGS20 STATE OF CALIFORNIA } ] SS COUNTY OF 5110 6EC0A(,-Dv-0 ) (NAME) : ljL�ZE_6&jkj , affiant being first duly sworn, deposes and says: That he or she is S i of (sole owner, partner or other proper title) A I ",W_'t !AC �ki ^ti CtS J+�1 C- the party making the foregoing Bid (Bidder/Contractor Name) that the Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation;that the Bid is genuine and not collusive or sham; that the Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham Bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham Bid, or that anyone shall refrain from bidding; that the Bidder has not in any manner, directly or indirectly sought by agreement,communication, or conference with anyone to fix the bid price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other Bidder, or to secure any advantage against the public body awarding the Contract of anyone interested in the proposed Contract; that all statements contained in the Bid are true; and, further, that the Bidder has not,directly or indirectly,submitted his or her bid price or any breakdown thereof,or the contents thereof,or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company associations, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham Bid. (Public Contract Code Section 7166) r Address: 1 [!J ai�51 Telephone No.: Print Name: PE-rf-_tC L'&/ Signaturt.-6E5i�A-cr Title: _ << ] i 1.-X.`Date: -X. SfGN1NG INSTRUCTIONS TO THE CONTRACTOR Non-Collusion Affidavit must be accompanied by notary certificates for signature. Note the description of the document on the notary certificate. Attach notary certificate immediately following this page. If the Bidder fails to properly sign or omits the required signature, the bid will be considered non- responsive and will be rejected. -? Yz�lC' IC BOND NO. DocuSign Envelope ID: F8159CA1-CE34-4F22-A77D-08D96ABC1A8F CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness,accuracy,or validity of that document. State of California ) County of On MAW 1 , �6-IL,before me, COMM, Date Here Insert Name and)Title of the Officer personally appeared -Yon SL PpAtmn Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the personV whose name dalaw sybscribed to the within instrument and acknowledged to me that 6&.Sheeq executed the same in J igAie64heir authorized capacity(tW,and that by 6i4A: # etr signaturqK on the instrument the persono, or the entity upon behalf of which the person{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. CORRINA BUSTOS COMM.# 2201478 NOTARY PUBLIC-CAIIFOANIA Signature LOS ANGELES COUNTY Signature of Notary ublic Y Comm EgIres j U N E 16 2021 Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can defer alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document r, Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑ Partner — ❑Limited ❑General ❑Partner -- ❑Limited ❑General ❑ individual ❑Attorney in Fact ❑Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: 02015 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 DocuSign Envelope ID: F8159CA1-CE34-4F22-A77D-08D96ABC1A8F BIDDER'S PROPOSAL CGS20 BIDDER'S BOND ANNUAL CURB, GUTTER & SIDEWALK REPAIR PROGRAM CGS20 KNOW ALL MEN OR WOMEN BY THESE PRESENTS: That we Above All Names Construction Services Inc. as PRINCIPAL, hereinafter referred to as "Contractor", and American Contractors Indemnity Cora an a duly authorized corporate as"Surety."are heid and firmly hound unto the City of Lake Elsinore in the penal sum of TEN PERCENT (10%) OF THE TOTAL AMOUNT OF THE BID of the Contractor above named, submitted by said Contractor to the City of Lake Elsinore for the work for said project entitled above,for the payment of which sum in lawful money of the United States, well and truly to be made, to the City of Lake Elsinore to which said bid was submitted, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. In no case shall the liability of the surety hereunder exceed the amount of Ten Percent of The Total Amount ofThe Bid 10% THE CONDITION OF THIS OBLIGATION IS SUCH: That whereas the Contractor has submitted the above-mentioned Bid to the City of Lake Elsinore as aforesaid for the work for said project entitled above. NOW,THEREFORE, if the aforesaid Contractor is awarded the Contract and,within the time and manner required under the Contract documents,after the prescribed forms are presented to him or her forsignature, enters into a written Agreement in the prescribed form and in accordance with the Contract documents,and files two bonds with the City of Lake Elsinore, one to guarantee Faithful Performance and the other to guarantee payment for labor and materials,in accordance with said Contract documents,and as required by law, and files the required insurance certificate(s) in accordance with said Contract documents, then this obligation shall be null and void; otherwise, it shall be and remain in full force and effect until execution of the Agreement or forfeiture pursuant to the Provisions of Sections 20172 and 20174 of the Public Contract Code. 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 attomey fee to be fixed by the court. (SIGNATURE PAGE FOLLOWS) 15 DocuSign Envelope ID: F8159CA1-CE34-4F22-A77D-08D96ABC1A8F BIDDER'S PROPOSAL CGS20 IN WITNESS WHEREOF, we nave hereunto set our hands and seals on this 29th day of May 2020 BIDDER CORPORATE SURETY Contractor Name; Above All Names Construction Services.Inc. Company Name: American Contractors indemnity_CQmpany Address: 1648 Persimmon Street Address: 801 S.Figueroa St.,Suite 700 Rialto,CA 92377 Los Angeles,CA 900]7 Telephone No.: t909W1-1770 Telephone No.: (310)649-0990 } r Pri:ii Name. ]{ c _r� Print Name: Pietro Micciche Tlt Title: Attorney-In-Fact � Signatur Signature: z! Date- f Date: May 29th,2020 SIGNING INSTRUCTIONS TO THE CONTRACTOR Bidder's Band must be accompanied by notary certificates for EACH signature. Note the description of the ciocument on tyre notary certificate. A aci. oOTI-I iota;y z;ertificatcs irnrn-ed;ateiy following this page. Corporate Seal may be affixed hereto. The attorney-in-fact for corporate surely must be registered, as such, in at least one county in the State of California. Attach one original Power of Attorney immediately following the notary certificates. If the Bidder fails to properly sign or emits the required signatures, the bid will be considered non- responsive and will be rejected. I�� DocuSign Envelope ID: F8159CA1-CE34-4F22-A77D-08D96ABC1A8F CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of }l1u r � } On � l�� 04 C� �tJ before me, wiL , Date Here Insert Name and Ale of the Officer personally appeared mn C R PQ L n Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(4 whose namely maw subscribed to the within instrument and acknowledged to me that 6Pshefthey executed the same in 'I�erfthElrr authorized capacity(je-S),and that by di fn#heirsignature�o on the instrument the perso5w, or the entity upon behalf of which the personal acted, executed the instrument. 1 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. CORRINA BIISTOS 1 COtes.a 2201478 i N6TAAY PUBLIC-CALIFORNIA Signature 4(hTTtT11__ LOS ANGELES COUNTY Signature of Nata ubi1C carom Eq Mn DUNE 16.202} 9 ry Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer -- Title(s): ❑Corporate Officer — Title(s): ❑ Partner — ❑limited ❑Generai ❑Partner -- ❑ Limited ❑General ❑ Individual ❑Attorney in Fact ❑Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: ©2015 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 DocuSign Envelope ID: F8159CAl-CE34-4F22-A77D-08D96ABC1A8F _ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California } Coun M Los An eles } On bef�:�� ore me, Angel Nunez, Notary Public Date Here Insert Name and Title of the Officer personally appeared Pietro Micciche Names}of Signer(s) who proved to me on the basis of satisfactory evidence to be the personm whose nameNN} is/xet subscribed to the within instrument and acknowledged to me that hei�qKq, i)p X executed the same in his/Ur�x authorized capacity(M),and that by his/.K gjK6(signature(;R)on the instrument the person(}, or the entity upon behalf of which the person*)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 d official seal *,y ANGEL NUNEZ Notary Public•California Signature Los Angeles County Signatu f Notaryublic Cammisslon 0 2321675 Comm,Exprres Mar 14,2024 i Place Notary Seai Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudu/anr reattachmprt of this fcvr r to an unintended docurrwnt. Description of Attached Document 11 Title or Type of Document: `_7 10 1'c�l. Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: Corporate Officer — Title(s): — Corporate Officer -- Title(s): Partner — ljmi�ed General Partner — ' Limited General Individual VAttorney in Fact Individual Attorney in Fact Trustee L Guardian or Conservator Trustee Guardian or Conservator Other: Other: _ Signer Is Representing: Signer Is Representing: 02014 National Notary Association -www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 DocuSign Envelope ID: F8159CA1-CE34-4F22-A77D-08D96ABC1A8F TOKIOMARINE HCC POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the"Companies"), do by these presents make, constitute and appoint: Patricia Zenizo, Pietro Micciche, Angel Nunez or Elsa Escobar of Glendale, California its true and lawful Attomey{s}-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed '""'Five Million""' Dollars f "*$5,000,000.00"• }•This Power of Attorney shall expire without further action on April 23`d,2022,This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved,that the President,any Vice-President,any Assistant Vice-President,any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorneyts7-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company,to execute,acknowledge and deliver,any and all bonds, recognizances,contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents For the release of retained percentages andfor final estimates on engineering and construction contracts,and any and all notices and documents canceling or terminating the Company's liability thereunder,and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary- Se it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing Facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF,The Companies have caused this instrument to be signed and their corporate seals to be Hereto affixed,this 1'1 day of June, 2018, AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S.4.PECIALTY INSURANCE COMPANY sy State of California Count of Los Angeles :S � " ►'s`� B i Y g Y Daniel P-Aguilar,Vice President A (Votary 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 On this 111 day of.tune, 2018, before me, Sonia O. Carrejo,a notary public, personally appeared Daniel P.Aguilar,Vice President of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person,or the entity upon behalf of which the person 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•dA soN.n.uaaun awaryRt:k•G'Jforrti • LM Aq.1n[ . i Signature {seal} wr ]xar! I, Kio Lo, Assistant Secretary American Contractors indemnity Company, Texas Bonding Company, United States Surety Company and U.S.Specialty Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said Companies, which is still in full force and effect; furthermore. the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Wi1t� s Whereof, I In hereunto set my handand affixed the seals of said Companies at Los Angeles, California this �"f�day of In _ d, Q. . 1 �ui.CT?If '•• ''kC 64 SukF tin' Corporate Seals Bond No. V ?i% 71 IF Agency No- 3057 ��\, + G��'�•.•+.-f* a� Kio Lo, Assi t secretary n r1CCSh1ANP0A05r201 B visit imhcc.comlsurety for more information DocuSign Envelope ID: F8159CA1-CE34-4F22-A77D-08D96ABC1A8F BIDDER'S PROPOSAL CGS2o LIST OF REFERENCES ANNUAL CURB, GUTTER & SIDEWALK REPAIR PROGRAM CGS20 BIDDER: n&A 1 �\4fl OaL S-t�uch}d 5U-0I66S 3:�J� REFERENCES (Contractor Name) Following are the names, addresses and telephone numbers for three (3) public agencies for which BIDDER has performed similar work within the past two (2)years: ame and Address OT Agency rVolf Name, Title, and Telephone Number of Person Familiar with Project Contract Amount Type of Work Date Compl ted 2. Name and Address ot Agency Name, Title, and Telephone Number of Person Familiar with Project Contract Amount Type of Work Datd Cam leted Name and Address ot Agency Name, Title, and Telephone Number 6f Person Familiar with Project X). RL�l Co tract Amount Type of Work D to C pleted Note to Bidder: Prepared lists of projects completed may be included as a part of the Proposal, but will not be accepted in lieu of this form, completely filled out. 17 DocuSign Envelope ID: F8159CA1-CE34-4F22-A77D-08D96ABC1A8F l .1I 1 [11 � 1. 1'l•:12f ()1Z�i:1NL'F: t3f.)Ihl) CGS20 BOND NO. 1001148614 PREMIUM $ 5.400.00 Premium Based On Final Contract Amount FAITHFUL PERFORMANCE BOND (100% of Total Contract Amount) ANNUAL CURB GUTTER AND SIDEWALK PROGRAM PROJECT NO. CGS20 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 1 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 Nilay r,and identified as PROJECT NO. CGS 18, is hereby referred to and made a part hereof; and 0,4 V� AtA Olt— 'Above All Names Construction Services, Inc. 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 American Contractors Indemnity Company,, as Surety, are held and firmly bound unto the City of Lake Elsinore, County of Riverside in the penal sum of Three Hundred Thousand dollars, $300,000.00 , 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. 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 of 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 judgement 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 anyway affect its obligations on this bond,and it does herebywaive notice of any such change,extension of time,alteration or addition to the terms of the Contract Agreement or to the work or the Provisions. (SIGNATURE PAGE FOLLOWS) DocuSign Envelope ID: F8159CA1-CE34-4F22-A77D-08D96ABC1A8F t-AI I Mt-UL HtNt-UNIVIANUt t3UNU CGS20 BOND NO. 1001148614 IN WITNESS WHEREOF, we have hereunto set our hands, and seals on this 4th day of September 2020. BIDDER SURETY Above All Names Contractor Name: Construction Services, Inc. Name: American Contractors Indemnity Company 1648 Persimmon Street 801 S. Figueroa St., Suite 700 Address: Rialto, CA 92377 Address: Los Angeles, CA 90017 Telephone No. (909)421-1770 Telephone No, (310)649-0990 Print Name:(:Dqq C Print Name: Pietro Micciche Attorney-in-Fae, Signatur : �C� Signature:C��3� Approve as to Form this ay of 2 ttorney City of Lake E ' ore NOTE: This bond must be executed by both parties. Corporate seal may be affixed hereto. All signatures must be acknowledged before a notary public (attach acknowledgments). The attorney-in-fact for the corporate surety must be registered,as such,in at least one county in the State of California. (Attach one original Power of Attorney sheet for each bond). DocuSign Envelope ID: F8159CA1-CE34-4F22-A77D-08D96ABC1A8F CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of Los Angeles On SSE .0 4 2020 before me, Angel Nunez, Notary Public Date Here Insert Name and Title of the Officer personally appeared Pietro Micciche Names)of Signer(s) who proved to me on the basis of satisfactory evidence to be the personN whose name(4 is/A�* subscribed to the within instrument and acknowledged to me that he/A* executed the same in hisft a authorized capacity(",and that by his/Xi"XtKsignature(p)on the instrument the person(w], or the entity upon behalf of which the person¢&}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 d an official seal OMY ANGEL NUNEZ SignatureNotary Public•Calffornia Signatu otary Public Los Angeles County COMOssion k 232167S Comrn,Expires Kar 14,2024 Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can defer alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Hate: Number of Pages: Signer(s) Other Than Named Above: Capacity(Ies)Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer — Title(s): ❑Corporate Officer — Tltle(s): _ ❑'Partner — Limes ;_1 General ❑Partner — ❑Limited 0 General ❑Individual ' .Attorney in Fact ❑Individual ❑Attorney in Fact L,Trustee L Guardian or Conservator C Trustee C Guardian or Conservator ❑Other: L. Other: Signer Is Representing: Signer Is Representing: .__ 020114 National Notary Association •www.NationaiNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 DocuSign Envelope ID: F8159CA1-CE34-4F22-A77D-08D96ABC1A8F I..A_BOR & ?VIATERIAL5 BOND CGS20 BOND NO. 1001148614 PREMIUM $ 5,400.00 LABOR AND MATERIALS PAYMENT BOND (100% of Total Contract Amount) ANNUAL CURB GUTTER AND SIDEWALK PROGRAM CGS20 KNOW ALL MEN AND WOMEN BY THESE PRESENTS THAT WHEREAS,the City Councif of the City of Lake Elsinore,State of California,known as"City', has awarded to L. 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 Nkmr, and iden �fied as PROJECT NO. CGS20, is hereby referred to and made a part hereof; and Cl �A Above All Names Construction Services, Inc. WHEREAS, said Contractor under the terms of said Agreement is required to furnish a bond to secure the payment of claims of laborers, mechanics, materialmen, and other persons,as provided by law; NOW, THEREFORE, we the undersigned Contractor and American Contractors Indemnity Company, as Surety are held and firmly bound unto the City of Lake Elsinore, County of Riverside, in the penal sum of Three Hundred Thousand dollars, $300,000.00 , lawful money of the United States,forwhich payment,well and truly to be made,we bind ourselves,our heirs,executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE 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 State of 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 judgement 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 the State of 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) DocuSign Envelope ID: F8159CA1-CE34-4F22-A77D-08D96ABC1A8F LABOR& MATERIALS BOND CGS20 BOND NO. 1001148614 IN WITNESS WHEREOF, we have hereunto set our hands, and seals on this 4th day of September 2020. BIDDER SURETY Above All Names Contractor Name: Construction Services, Inc. Name: American Contractors Indemnity Company 1648 Persimmon Street 801 S. Figueroa St., Suite 700 Address: Rialto, CA 92377 Address: Los Angeles, CA 90017 Telephone No. (909)421-1770 Telephone No. (310)649-0990 Print Name: +�C11V� C �io0r�1 Print Name: Pietro Micciche T Attorney-in-Fact Signatur Signature& Appro a as to Form this d y of t C orney City of Lake Els- re NOTE: This bond must be executed by both parties. Corporate seal may be affixed hereto. All signatures must be acknowledged before a notary public (attach acknowledgments). The attorney-in-fact for the corporate surety must be registered,as such, in at least one county in the State of California. (Attach one original Power of Attorney sheet for each bond). Contractor Attachments' Exhibit A- Scope of Services Exhibit B- Fee Schedule Exhibit C -Certificate of Exemption from Workers' Compensation Insurance Exhibit D - List of Subcontractors DocuSign Envelope ID: F8159CA1-CE34-4F22-A77D-08D96ABC1A8F CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California } County of C Los Angeles � On _. SEO .O 4 20LQ before me Angel Nunez. Notary Public Date Here Insert Name and Title of the Officer personally appeared Pietro Micciche Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the personN whose name( is/" subscribed to the within instrument and acknowledged to me that he/AMoft executed the same in his/)Qx%'0x authorized capacity(",and that by his/Ng�'j�14Wsignature(W on the instrument the personON), or the entity upon behalf of which the person(4) 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 d an official sea[. �...� Ahcel_NUNE7 .' Nay Public•Callfornla Signature tar l.os AnPles County Signature otary Public COmMisslon#232167, µY Comm. 14,2024 Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or ! fraudulent reattachment of this forma to an unintended document. Description of Attached Document Title or Type of Document: Document Date: _ Number of Pages: Signer(s) Other Than Named Above: T Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: Corporate Officer — Title(s): Corporate Officer — Title(s)- El Partner — - Lim"qo General Partner -- n Limited !_.:General Individual V Attorney in Fact Individual ❑Attomey in Fact ❑Trustee I ;Guardian or Conservator —.'Trustee 0 Guardian or Conservator ❑Other: Other; _ Signer Is Representing: —__ _ Signer Is Representing: 02014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 DocuSign Envelope ID: F8159CA1-CE34-4F22-A77D-08D96ABC1A8F TOK101MRINE NCC POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE.COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a Maryland corporation and U-S- Specialty Insurance Company,a Texas corporation(collectively, the"Companies"), do by these presents make, constitute and appoint: Patricia Zenizo, Pietro Micciche, Angel Nunez or Elsa Escobar of Glendale, California its true and lawful Attorney(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed **'**Five Million-- Dollars ( " $5,000,000.00— 1.This Power of Attorney shall expire without further action on April 2V,2022.This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Sea Resolved,that the President,any Vice-President.any Assistant Vice-President,any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attomey-in-Fact may be given full power and authority for and in the name of and on behalf of the Company,to execute.acknowledge and deliver.any and all bonds, recognizances,contracts. agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages andlor final estimates on engineering and construction contracts,and any and all notices and documents canceling or terminating the Company's liability thereunder,and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary- Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF,The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this 151 day of June, 2018. AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS SANDING COMPANY UNITED STATES SURETY COMPANY ,LL&,$PECIALXy.INSURANCE COMPANY S suity State of California s_'> % County of Los Angeles �g s�-, 4•'S`,' BY Daniel P-Aguilar,Vice President 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 val of that document On this 151 day of June,2018,before me,Sonia 0- Carrejo, a notary public, personally appeared Daniel P.Aguilar,Vice President of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U-S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized rapacity, and that by his signature on the instrument the person,or the entity upon behalf of which the person 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., Ho1�ry PAW:•ialln SS Ii C L41A�NlI COunlr i [am.x,ien i 2r3�w Signature (seal) 1, Ki❑ Lo, Assistant Secretary American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S.Specialty Insurance Company,do hereby certify that the above and foregoing is a true and correct ropy of a Power of Attorney,executed by said Companies,which is still in full force and effect; furthermore,the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Wi ess Whereof, I have hereunto set my handrd affixed the seals of said Companies at Los Angeles, California this day of >>��1°lf� - --, s- Corporate Seals `�.'* ` og"°'�°oo stir su¢"'F °f Bond No. `�1dL111W rC ] -[ � iY'' �����• Y cJ \i Agency No. 3057 6� Kio Lo, Assn Secretary HCCSMANPOA05QC19 visit tmIn cc-comisurety for more information DocuSign Envelope ID: F8159CA1-CE34-4F22-A77D-08D96ABC1A8F ACO® DATE(MMIDD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 01/13/2021 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(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTANAME: Blake Thompson Built Insurance Brokerage LLC RICONE No. a Ext: (805)413-4331 A,c No): (805)367-4521 E-MAIL blake@builtinsuranGe.com 32107 Lindero Canyon Rd.#228 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# Westlake Village CA 91361 INSURER A: Scottsdale Insurance Company INSURED INSURER B: AmGUARD Insurance Company 42390 Above All Names Construction Services,Inc. INSURER C: Benchmark Insurance Company 41394 1648 W Persimmon St INSURER D: Navigators Insurance Company 42307 INSURER E: Rialto CA 92377 1 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE POLICY NUMBER MM/DD/YYYY MMIDD/YYYY X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE RENTED CLAIMS-MADE X OCCUR PREM SESOEa occ."ence $ 50,000 MED EXP(Any one person) $ 5,000 A Y RBS0072645 01/31/2021 01/31/2022 PERSONAL BADVINJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY JEC LOC PRODUCTS-COMP/OPAGG $ 2,000,000 PRO- F OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident ANY AUTO BODILY INJURY(Per person) $ B ALL OWNED SCHEDULED ABAU107974 12/01/2020 12/01/2021 BODILY INJURY(Per accident) $ AUTOS X AUTOS NON-OWNED PROPER DAMAGE HIRED AUTOS AUTOS Per accidenTY t $ UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 3,000,000 A X EXCESS LIAB CLAIMS-MADE XLS0115897 01/31/2021 01/31/2022 AGGREGATE $ 3,000,000 DED I I RETENTION$ $ WORKERS COMPENSATION X I PER STATUTE ERH AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN E.L.EACH ACCIDENT $ 1,000,000 C OFFICERIMEMBER EXCLUDED? �Y N/A CST5019932 09/01/2020 09/01/2021 (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT I S 1,000,000 $29,750 D Inland Marine 04-IM031515 12/01/2020 12/01/2021 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Certificate Holder is named as Additional Insured per policy terms and conditions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Lake Elsinore AUTHORIZED REPRESENTATIVE 130 Main St Lake Elsinore CA 92530 ©1988-2014 ACORD CORPORATION.All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: F8159CA1-CE34-4F22-A77D-08D96ABC1A8F ENDORSEMENT SCOTTSDALE INSURANCE COMPANY° NO. ATTACHED TO AND ENDORSEMENT EFFECTIVE DATE FORMING A PART OF NAMED INSURED AGENT NO. POLICY NUMBER (12:01 A.M.STANDARD TIME) RBS0072645 1/31/2021 Above All Names Construction Services, Inc. 047BZ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED—ONGOING OPERATIONS—PRIMARY AND NON-CONTRIBUTORY—OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SECTION II—WHO IS AN INSURED, is amended to include, for COVERAGES A—BODILY INJURY AND PROPERTY DAMAGE LIABILITY, only, as an additional insured, the person, entity or organization designated in this endorsement for whom the Named Insured has performed operations only when the Named Insured has agreed with the person, entity or organization in an insured contract to name the person, entity or organization as an additional insured. 1. Such person, entity or organization is only an additional insured with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by the ongoing operations of the Named Insured performed for the additional insured. 2. The "insured contract' must be currently in effect or become effective during the policy period, be executed prior to the "bodily injury" or "property damage" first happening and be between the Named Insured and the additional insured. 3. This coverage does not apply to"bodily injury"or"property damage" after: a. "Your work"for the additional insured has been completed; or b. That portion of "your work" out of which the "bodily injury" or "property damage" arises has been put to its intended use by any person or organization. 4. The applicable limit of our liability shall not be increased by the inclusion of the additional insured under the policy. 5. We shall have no duty to indemnify the additional insured for damages, claims or any other liabilities arising from actions, inactions, errors or omissions of the additional insured. 6. Our duty to contractually indemnify the additional insured under an "insured contract' shall be limited to that sum derived by applying the percentage of fault of the Named Insured as determined by the trier the trier-of-fact to the total damage sum allocated by the trier-of-fact to the additional insured. Under no circumstances shall we pay more than this proportionate contractual indemnity share. 7. Any contractual indemnity payments made on behalf of any additional insured under an "insured contract' shall reduce the applicable limits of insurance on a dollar for dollar basis. Any contractual indemnity payments are subject to the terms, conditions and limitations of the policy. SDS-55(1-18) Pagc 1 of DocuSign Envelope ID: F8159CA1-CE34-4F22-A77D-08D96ABC1A8F 8. This endorsement does not create a duty on our part to defend the additional insured or to participate in, contribute to, or reimburse any person, organization or entity for any fees or expenses incurred in the defense of the additional insured. SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS, Condition 2. Insured's Duties In The Event Of Occurrence, Offense, Claim Or Suit of the policy is amended to include: An additional insured under this endorsement shall in addition to complying with all provisions of the policy: 1. Give written notice to us of an "occurrence" or an offense which may result in a claim or "suit" within thirty(30)days of notice to the additional insured. 2. Give written notice to us of a claim or"suit" brought against the additional insured within thirty(30) days of the additional insured being served with the claim or"suit". 3. Give written notice to any other insurer who has or may have coverage under its policy or policies for a claim, "suit" or demand for defense or indemnity within thirty (30) days of the additional insured being served with the claim, "suit" or demand for defense or indemnity. Such notice must demand the full coverage available under the policy. The additional insured will not take any action to waive or limit such other coverage available to it. 4. Obtain and provide to us copies of each and every policy from each and every insurer identified pursuant to the preceding paragraph. The coverage provided by this endorsement is primary and non-contributory and no insurance held or owned by the additional insured shall be called upon to cover damages under this policy up to the limits of this policy, but only if the "bodily injury" or "property damage" under this policy is caused directly, in whole or in part, from your ongoing operations performed for the additional insured. This endorsement is subject to all terms, conditions and exclusions of the policy, which remain unchanged. 1/13/2021 UTHORIZED REPRESENTATIVE DATE SDS-55(1-18) Page 2 of 2 DocuSign Envelope ID: F8159CA1-CE34-4F22-A77D-08D96ABC1A8F BUSINESS LICENSE CITY OF LAKE ELSINORE This business license is issued for revenue purposes only and does not grant authorization Administrative Services-Licensing to operate a business. This business license is issued without verification that the holder is 130 South Main Street, Lake Elsinore, CA 92530 subject to or exempted from licensing by the state, county, federal government, or any PH (951)674-3124 other governmental agency. Business Name: ABOVE ALL NAMES CONSTRUCTION SERVICES INC. BUSINESS LICENSE NO. 017729 Business Location: 1648 W PERSIMMON ST Business Type: CONCRETE CONTRACTOR RIALTO,CA 92377 Owner Name(s): JOHN C PEDREGON Issue Date: 3/1/2021 Expiration Date: 2/28/2022 ABOVE ALL NAMES CONSTRUCTION SERVICES INC 1648 W PERSIMMON ST RIALTO,CA 92377 Starting January 1, 2021, Assembly Bill 1607 requires the prevention of gender-based discrimination of business establishments. A full notice is available in English or other languages by going to:https://www.dca.ca.gov/publications/ TO BE POSTED IN A CONSPICUOUS PLACE THIS IS YOUR LICENSE • NOT TRANSFERABLE DocuSign Envelope ID:04D25C7D-09A9-4601-93A0-E517AF16B605 AGREEMENT FOR CONTRACTOR SERVICES Above All Names Construction Services, Inc. Annual Curb, Gutter& sidewalk Repair Program CIP Project No. Z10001 This Agreement for Professional Services (the "Agreement") is made and entered into as of June 23, 2020, by and between the City of Lake Elsinore, a municipal corporation ("City") and Above All Names Construction Services, Inc., a Corporation ("Contractor"). RECITALS A. The City has determined that it requires the following professional services: Curb, Gutter and Sidewalk Repair - various locations within the City. B. Contractor has submitted to City a proposal, dated May 29, 2020, attached hereto as Exhibit A ("Contractor's Proposal") and incorporated herein, to provide professional services to City pursuant to the terms of this Agreement. C. Contractor possesses the skill, experience, ability, background, certification and knowledge to perform the services described in this Agreement on the terms and conditions described herein. D. City desires to retain Contractor to perform the services as provided herein and Contractor desires to provide such professional services as set forth in this Agreement. AGREEMENT 1. Scope of Services. Contractor shall perform the services described in Contractor's Proposal (Exhibit A). Contractor shall provide such services at the time, place, and in the manner specified in Contractor's Proposal, subject to the direction of the City through its staff that it may provide from time to time. 2. Time of Performance. a. Time of Essence. Time is of the essence in the performance of this Agreement. The time for completion of the professional services to be performed by Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the professional services contemplated pursuant to this Agreement according to the agreed upon performance schedule in Contractor's Proposal (Exhibit A). b. Performance Schedule. Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the Contractor's Proposal (Exhibit A). When requested by Contractor, extensions to the time period(s) specified may be approved in writing by the City Manager. C. Term and Compliance with Task/Work Order System. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall continue in full force and effect for a period commencing on July 1, 2020 and ending June 30, 2023. The City may, at its sole discretion, extend the term of this Agreement on a 12-month basis not to exceed 2 Above All Names-FY20-21 Agreement Pagel DocuSign Envelope ID:04D25C7D-09A9-4601-93A0-E517AF16B605 additional twelve (12) month renewal terms by giving written notice thereof to Contractor not less than thirty (30) days before the end of the contract term, such notice to be exercised by the City Manager. Contractor hereby agrees and acknowledges that any and all work or services performed pursuant to this Agreement shall be based upon the issuance of a Task/Work Order by the City. Contractor acknowledges that it is not guaranteed any minimum or specific amount of work or services as all work or services shall be authorized through a Task/Work Order issued by the City. 3. Compensation. Compensation to be paid to Contractor shall be in accordance with the fees set forth in Contractor's Proposal (Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Contractor's annual compensation exceed Three Hundred Thousand Dollars ($300,000) without additional written authorization from the City. Notwithstanding any provision of Contractor's Proposal to the contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment. 4. Method of Payment. Contractor shall promptly submit billings to the City describing the services and related work performed during the preceding month to the extent that such services and related work were performed. Contractor's bills shall be segregated by project task, if applicable, such that the City receives a separate accounting for work done on each individual task for which Contractor provides services. Contractor's bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Contractor no later than forty-five (45) days after receipt of the monthly invoice by City staff. 5. Background Checks. At any time during the term of this Agreement, the City reserves the right to make an independent investigation into the background of Contractor's personnel who perform work required by this Agreement, including but not limited to their references, character, address history, past employment, education, social security number validation, and criminal or police records, for the purpose of confirming that such personnel are lawfully employed, qualified to provide the subject service or pose a risk to the safety of persons or property in and around the vicinity of where the services will be rendered or City Hall. If the City makes a reasonable determination that any of Contractor's prospective or then current personnel is deemed objectionable, then the City may notify Contractor of the same. Contractor shall not use that personnel to perform work required by this Agreement, and if necessary, shall replace him or her with a suitable worker. 6. Suspension or Termination. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10)days prior written notice. Upon receipt of such notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, Page 2 DocuSign Envelope ID:04D25C7D-09A9-4601-93A0-E517AF16B605 provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City, pursuant to Section entitled "Method of Payment" herein. 7. Plans, Studies, Documents. a. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Contractor, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notepad internal documents, shall become the property of the City upon payment to Contractor for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Contractor or to any other party. Contractor shall, at Contractor's expense, provide such reports, plans, studies, documents and other writings to City upon written request. City shall have sole determination of the public's rights to documents under the Public Records Act, and any third- party requests of Contractor shall be immediately referred to City, without any other actions by Contractor. b. Licensing of Intellectual Property. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require that all subcontractors agree in writing that City is granted a nonexclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents& Data which were prepared by design professionals other than Contractor or provided to Contractor by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. C. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents& Data either created by or provided to Contractor in connection with the performance of this Agreement shall be held confidential by Contractor. Such materials shall not, without the prior written consent of City, be used by Contractor for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Contractor which is otherwise known to Contractor or is generally known, or has become known, to the related industry shall be deemed confidential. Contractor shall not use City's name or insignia, photographs relating to project for which Contractor's services are rendered, or any publicity pertaining to the Contractor's services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 8. Contractor's Books and Records. a. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) Page 3 DocuSign Envelope ID:04D25C7D-09A9-4601-93A0-E517AF16B605 years, or for any longer period required by law, from the date of final payment to Contractor to this Agreement. b. Contractor shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. C. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Contractor's address indicated for receipt of notices in this Agreement. d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Contractor's business, City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Contractor, Contractor's representatives, or Contractor's successor-in-interest. 9. Independent Contractor. a. Contractor is and shall at all times remain as to the City a wholly independent contractor pursuant to California Labor Code Section 3353. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents, except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation, or liability whatsoever against City, or bind City in any manner. b. Notwithstanding any other federal, state and local laws, codes, ordinances and regulations to the contrary and except for the fees paid to Contractor as provided in the Agreement, Contractor and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits. 10. PERS Eligibility Indemnification. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS)to be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Page 4 DocuSign Envelope ID:04D25C7D-09A9-4601-93A0-E517AF16B605 11. Interests of Contractor. Contractor (including principals, associates and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Contractor's services hereunder. Contractor further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement. Contractor is not a designated employee within the meaning of the Political Reform Act because Contractor: a. will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and b. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).) 12. Professional Ability of Contractor. City has relied upon the professional training and ability of Contractor to perform the services hereunder as a material inducement to enter into this Agreement. Contractor shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement. All work performed by Contractor under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Contractor's field of expertise. 13. Compliance with Laws. a. Contractor shall comply with all local, state and federal laws and regulations applicable to the services required hereunder, including any rule, regulation or bylaw governing the conduct or performance of Contractor and/or its employees, officers, or board members. b. Contractor represents that it has obtained and will maintain at all times during the term of this Agreement all professional and/or business licenses, certifications and/or permits necessary for performing the services described in this Agreement, including a City business license. 14. Licenses. Contractor represents and warrants to City that it has the licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Contractor to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Contractor to practice its profession. Contractor shall maintain a City of Lake Elsinore business license. 15. 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 Page 5 DocuSign Envelope ID:04D25C7D-09A9-4601-93A0-E517AF16B605 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. 16. Insurance Requirements. a. Insurance. Contractor, at Contractor's own cost and expense, shall procure and maintain,for the duration of the contract, unless modified by the City's Risk Manager, the following insurance policies. i. Workers' 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. Page 6 DocuSign Envelope ID:04D25C7D-09A9-4601-93A0-E517AF16B605 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. 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 Contractors. 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. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the protection offered by all policies, except for Workers' Compensation, shall bear an endorsement whereby it is provided that, the City and its officers, employees, servants, volunteers and agents and independent contractors, including without limitation, the City Manager and City Attorney, are named as additional insureds. Additional insureds shall be entitled to the full benefit of all insurance policies in the same manner and to the same extent as any other insureds and there shall be no limitation to the benefits conferred upon them other than policy limits to coverages. 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. Page 7 DocuSign Envelope ID:04D25C7D-09A9-4601-93A0-E517AF16B605 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. 17. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section. If to City: City of Lake Elsinore Attn: City Manager 130 South Main Street Lake Elsinore, CA 92530 With a copy to: City of Lake Elsinore Attn: City Clerk 130 South Main Street Lake Elsinore, CA 92530 If to Contractor: Above All Names Construction Services, Inc. Attn: Karen Pedregon 1648 W. Persimmon Street Rialto, CA 92377 18. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Contractor and the subcontractors listed in Exhibit B. Contractor shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or obligations of the Contractor under this Agreement will be permitted only with the express consent of the City. Contractor shall not subcontract any portion of the work to be performed under this Agreement except as provided in Exhibit B without the written authorization of the City. If City consents to such subcontract, Contractor shall be fully responsible to City for all acts or omissions of those subcontractors. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law. 19. 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. 20. 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. Page 8 DocuSign Envelope ID:04D25C7D-09A9-4601-93A0-E517AF16B605 21. 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. 22. 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. 23. 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. 24. Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Contractor agrees to fully comply with all applicable federal and state labor laws (including, without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in connection with the Work or Services provided pursuant to this Agreement, Contractor shall bear all risks of payment or non-payment of prevailing wages under California law, and Contractor hereby agrees to defend, indemnify, and hold the City, and its officials, officers, employees, agents, and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement. 25. 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. 26. 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. 27. Authority to Enter Agreement. 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 Page 9 DocuSign Envelope ID:04D25C7D-09A9-4601-93A0-E517AF16B605 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. 28. Counterparts. 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. 29. Entire Agreement; Incorporation; Conflict. This Agreement contains the entire understanding between the parties relating to the obligations described herein. All prior or contemporaneous understandings, agreements, representations and statements, oral or written, are superseded in total by this Agreement and shall be of no further force or effect. Contractor's Proposal is incorporated only for the description of the scope of services and/or the schedule of performance and no other terms and conditions from such proposal shall apply to this Agreement unless specifically agreed to in writing. In the event of conflict, this Agreement shall take precedence over those contained in the Contractor's Proposal. 30. 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. [Signatures on next page] Page 10 DocuSign Envelope ID:04D25C7D-09A9-4601-93A0-E517AF16B605 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above. Click or tap here to enter text. "CITY" "CONTRACTOR" CITY OF LAKE ELSINORE, a municipal Above All Names Construction Services, Inc., a corporation Corporation DacuSigned by: DocuSigned by: 1't an. PLJ"P VU AEE07�F9E24�4AF... _ 72CA33A9F4C1445... U Grant Yates, City Manager By. Karen Pedregon Its: Sec/Treas ATTEST: DocuSigned by: 2941B14974SC400... City Clerk APPROVED AS TO FORM: DacuSigned by: ,p �a2 �60 U A5088D9098AF4SC... City Attorney DacuSigned by: S[c �oL& b,� 8'SFB35A1E42495... MISK Ivlanager Attachments: Exhibit A— Contractor's Proposal Page 11