HomeMy WebLinkAboutItem No. 14 - ADA Ramp Project - CIP Project Z20024 - SRCity Council Agenda Report
City of Lake Elsinore 130 South Main Street
Lake Elsinore, CA 92530
www.lake-elsinore.org
File Number: ID# 22-223
Agenda Date: 6/14/2022 Status: Approval FinalVersion: 1
File Type: Council Consent
Calendar
In Control: City Council / Successor Agency
Agenda Number: 14)
Construction Agreement with Cotter Construction, Inc. for the ADA Ramp Project at Launch
Pointe Recreation Destination & RV Park
1.Approve and authorize a construction agreement with Cotter Construction, Inc. for the ADA Ramp
Project at Launch Pointe Recreation Destination & RV Park (CIP Project #Z20024) in an amount not
to exceed $69,000.00 in such final form as approved by the City Attorney; and
2.Authorize the City Manager to execute change orders not to exceed a 10% contingency amount of
$6,900.00 for construction uncertainties and adjustments.
Page 1 City of Lake Elsinore Printed on 6/9/2022
Page 1 of 2
REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Shannon Buckley, Assistant City Manager
Date: June 14, 2022
Subject: Construction Agreement with Cotter Construction, Inc. for the ADA Ramp
Project at Launch Pointe Recreation Destination & RV Park
Recommendation
1. Approve and authorize a construction agreement with Cotter Construction, Inc. for the ADA
Ramp Project at Launch Pointe Recreation Destination & RV Park (CIP Project #Z20024) in
an amount not to exceed $69,000.00 in such final form as approved by the City Attorney; and
2. Authorize the City Manager to execute change orders not to exceed a 10% contingency
amount of $6,900.00 for construction uncertainties and adjustments.
Background
The City prepared a request for proposal (RFP) document and advertised it per the requirements
outlined in the California Public Contract Code. On May 23, 2022, the City posted on PlanetBids
the RFP for the ADA Ramp Project, at Launch Pointe Recreation Destination & RV Park Project
(CIP PROJECT # Z20024). A mandatory walk-through at the project site was held on Tuesday,
May 31, 2022, and seven perspective contractors attended.
Five Proposals were received on or before the deadline of 2:00 p.m. on Monday, June 6, 2022.
All proposals were opened, examined by staff, and posted on Planetbids. Following the
examination of the bids the low bidder, Cotter Construction Inc. was reviewed and interviewed by
staff. Also, the contractor Cotter Construction Inc. was met at the project site for a complete
proposal presentation of the project details to ensure a thorough understanding of the scope of
work and project requirements.
ADA Ramp Project - CIP Project #Z20024
June 14, 2022
Page 2 of 2
Discussion
The purpose of this RFP is to seek competitive pricing for key construction elements for ADA
Ramp Project, at Launch Pointe Recreation Destination & RV Park. The ADA ramp project will
connect the marina parking lot to the beach area for a safe accessible path of travel. After the
ADA Ramp Project, there will be over 150 feet in length of concrete sidewalk ramping down to
the beach area at no more than 5% slope with flat landing areas every 30 feet. Below is a list of
the general requirements contained in the RFP scope of work and the listing of contractors
providing bids:
General Requirements
Develop and Prep Slop Set Forms Concrete Clean-up
Name of Company Bid Amount
Cotter Construction Inc. $69,000.00
J&L Construction Inc. $86,455.71
Endresen Development $97,966.98
TER Construction & Inspection $374,300.00
M2B Engineering & Construction $419,946.00
Following the approval of this agenda item, the ADA Ramp Project will begin. Staff has reviewed
and verified the contractor has a valid license and has provided sufficient references.
Fiscal Impact
The Public Work’s Office Building, Insulation, ADA Ramp Project (CIP PROJECT # Z20024) is
included in the Fiscal Year 21/22 – 25/26 Capital Improvement Plan (CIP) budget. The funding
source is a State Per Capita Grant.
Exhibits
A – Agreement
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Agreement No. __________
AGREEMENT FOR PUBLIC WORKS CONSTRUCTION
Cotter Construction Inc.
For the
ADA Ramp Project, at Launch Pointe Recreation Destination &
RV Park
CIP PROJECT NO. Z40024
This Agreement for Public Works Construction (“Agreement”) is made and entered into as
of June 14, 2022 by and between the City of Lake Elsinore, a municipal corporation (“City”) and
Cotter Construction Inc., a Corporation (“Contractor”).
The City and Contractor, in consideration of the mutual promises and covenants set forth
herein, agree as follows:
1. The Project and Project Documents. Contractor agrees to construct the following
public improvements (“work”) identified as:
ADA Ramp Project, at Launch Pointe Recreation Destination & RV Park (the “Project”)
The City plans for the construction of the Project, which are incorporated herein by
reference by the request for proposal, are identified as:
ADA Ramp Project, at Launch Pointe Recreation Destination & RV Park
The Project Documents include this Agreement and all of the following: (1) the Notice Inviting Bids,
Instructions to Bidders, Bid Documents including Bidder’s Proposal as submitted by the Contractor,
Contract Documents, General Specifications, Special Provisions, and all attachments and
appendices; (2) everything referenced in such documents, such as specifications, details, standard
plans or drawings and appendices, including all applicable State and Federal requirements; (3) all
required bonds, insurance certificates, permits, notices, and affidavits; and (4) any and all addenda
or supplemental agreements clarifying, amending or extending the work contemplated as may be
required to insure completion in an acceptable manner. All of the provisions of the above-listed
documents are made a part of this Agreement as though fully set forth herein.
2. Compensation.
a. For and in consideration of the payments and agreements to be made
and performed by City, Contractor agrees to construct the Project, including furnishing all
materials and performing all work required for the Project, and to fulfill all other obligations as
set forth in the Bidder’s Proposal, such contract price being $69,000.00.
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b. City hereby promises and agrees to employ, and does hereby employ,
Contractor to provide the materials, do the work, and fulfill the obligations according to the terms
and conditions herein contained and referred to, for the prices set forth, and hereby contracts to
pay the same at the time, in the manner, and upon the conditions set forth in the Project
Documents.
c. Contractor agrees to receive and accept the prices set forth in the Bidder’s
Proposal as full compensation for furnishing all materials, performing all work, and fulfilling
all obligations hereunder. Such compensation shall cover all expenses, losses, damages, and
consequences arising out of the nature of work during its progress or prior to its acceptance
including those for well and faithfully completing the work and the whole thereof in the manner
and time specified in the Project Documents; and also including those arising from actions of the
elements, unforeseen difficulties or obstructions encountered in the prosecution of the work,
suspension or discontinuance of the work, and all other unknowns or risks of any description
connected with the work.
3. Completion of Work.
a. Contractor shall perform all work within Forty-Five (65) working days from
the date of commencement specified in the Notice to Proceed and shall complete all work within
Forty-Five (65) working days, and shall provide, furnish and pay for all the labor, materials,
necessary tools, expendable equipment, and all taxes, utility and transportation services
required for construction of the Project.
b. All work shall be performed and completed in a good workmanlike
manner in strict accordance with the drawings, specifications and all provisions of this
Agreement as hereinabove defined and in accordance with applicable laws, codes, regulations,
ordinances and any other legal requirements governing the Project.
c. Contractor shall not be excused with respect to the failure to so comply
by any act or omission of the City, the Director of Public Works, the City Engineer, a City
inspector, or a representative of any of them, unless such act or omission actually prevents the
Contractor from fully complying with the requirements of the Project Documents, and unless the
Contractor protests at the time of such alleged prevention that the act or omission is preventing
the Contractor from fully complying with the Project Documents. Such protest shall not be
effective unless reduced to writing and filed with the City within three (3) working days of the
date of occurrence of the act or omission preventing the Contractor from fully complying with the
Project Documents.
d. City and Contractor recognize that time is of the essence in the
performance of this Agreement and further agree that if the work called for under the Agreement
is not completed within the time hereinabove specified, damages will be sustained by the City
and that, it is and will be impracticable or extremely difficult to ascertain and determine the
actual amount of damages the City will sustain in the event of, and by reason of, such delay. It
is, therefore, agreed that such damages shall be presumed to be in the amount of Five Hundred
Dollars ($500) per calendar day, and that the Contractor will pay to the City, or City may retain
from amounts otherwise payable to Contractor, such amount for each calendar day by which
the Contractor fails to complete the work, including corrective items of work, under this
Agreement within the time hereinabove specified and as adjusted by any changes to the work.
e. City and Contractor recognize that time is of the essence in the
performance of this Agreement and further agree that if the work called for under the Agreement
is not completed within the time hereinabove specified, damages will be sustained by the City
and that, it is and will be impracticable or extremely difficult to ascertain and determine the
actual amount of damages the City will sustain in the event of, and by reason of, such delay. It
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is, therefore, agreed that such damages shall be presumed to be in the amount of Five Hundred
dollars ($500.00) per calendar day, and that the Contractor will pay to the City, or City
may retain from amounts otherwise payable to Contractor, such amount for each calendar day
by which the Contractor fails to complete the work, including corrective items of work, under
this Agreement within the time hereinabove specified and as adjusted by any changes to the
work.
4. Changes to Work. City and Contractor agree that the City may make changes to
the work, or suspend the work, and no matter how many changes, such changes or
suspensions are within the contemplation of the Contractor and City and will not be a basis for a
compensable delay claim against the City nor be the basis for a liquidated damage claim
against the Contractor.
Any change to the work shall be by way of a written instrument (“change order”) signed
by the City and the Contractor, stating their agreement to the following:
a. The scope of the change in the work;
b. The amount of the adjustment to the contract price; and
c. The extent of the adjustment to the Schedule of Performance.
The City Engineer is authorized to sign any change order provided that sufficient
contingency funds are available in the City’s approved budget for the Project. All change in
the work authorized by the change order shall be performed under the applicable conditions
of the Project Documents. City and Contractor shall negotiate in good faith and as expeditiously
as possible the appropriate adjustments for such changes.
5. Bonds. Contractor shall provide, before commencing work, a Faithful Performance
Bond and a Labor and Material Bond, each for one-hundred percent (100%) of the contract price
in the form that complies with the Project Documents and is satisfactory to the City Attorney.
6. Non-Assignability. Neither this Agreement nor any rights, title, interest, duties or
obligations under this Agreement may be assigned, transferred, conveyed or otherwise
disposed of by Contractor without the prior written consent of City.
7. Licenses. Contractor represents and warrants to City that it holds the
contractor’s license or licenses set forth in the Project Documents, is registered with the
Department of Industrial Relations pursuant to Labor Code Section 1725.5, and holds such
other licenses, permits, qualifications, insurance and approvals of whatsoever nature which are
legally required of Contractor. Contractor represents and warrants to City that Contractor shall,
at its sole cost and expense, keep in effect or obtain at all times during the term of this
Agreement, any licenses, permits, insurance and approvals which are legally required of
Contractor to practice its profession. Contractor shall maintain a City of Lake Elsinore business
license.
8. Indemnity. Contractor shall indemnify, defend, and hold harmless the City and its
officials, officers, employees, agents, the County and Board Supervisors, and volunteers from
and against any and all losses, liability, claims, suits, actions, damages, and causes of action
arising out of any personal injury, bodily injury, loss of life, or damage to property, or any
violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or
in part, by the willful misconduct or negligent acts or omissions of Contractor or its employees,
subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality
or character of their work. The foregoing obligation of Contractor shall not apply when (1) the
injury, loss of life, damage to property, or violation of law arises from the sole negligence or
willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions
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of Contractor or its employees, subcontractor, or agents have contributed in no part to the
injury, loss of life, damage to
property, or violation of law. It is understood that the duty of Contractor to indemnify and hold
harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code.
Acceptance by City of insurance certificates and endorsements required under this Agreement
does not relieve Contractor from liability under this indemnification and hold harmless clause.
This indemnification and hold harmless clause shall apply to any damages or claims for damages
whether or not such insurance policies shall have been determined to apply. By execution of
this Agreement, Contractor acknowledges and agrees to the provisions of this Section and
that it is a material element of consideration.
9. Insurance Requirements.
a. Insurance. Contractor, at Contractor’s own cost and expense, shall procure
and maintain, for the duration of the Agreement, unless modified by the City’s Risk Manager,
the following insurance policies.
i. Workers’ Compensation Coverage. Contractor shall maintain
Workers’ Compensation Insurance and Employer’s Liability Insurance for his/her
employees in accordance with the laws of the State of California. In addition, Contractor
shall require each subcontractor to similarly maintain Workers’ Compensation Insurance
and Employer’s Liability Insurance in accordance with the laws of the State of California
for all of the subcontractor’s employees. Any notice of cancellation or non-renewal of all
Workers’ Compensation policies must be received by the City at least thirty (30) days
prior to such change. The insurer shall agree to waive all rights of subrogation against
City, its officers, agents, employees and volunteers for losses arising from work
performed by Contractor for City. In the event that Contractor is exempt from Worker’s
Compensation Insurance and Employer’s Liability Insurance for his/her employees in
accordance with the laws of the State of California, Contractor shall submit to the City a
Certificate of Exemption from Workers Compensation Insurance in a form approved by
the City Attorney.
ii. Commercial General Liability Coverage. Contractor shall maintain
commercial general liability insurance in an amount not less than one million dollars
($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a
commercial general liability insurance form or other form with a general aggregate limit is
used, either the general aggregate limit shall apply separately to the work to be performed
under this Agreement or the general aggregate limit shall be at least twice the required
occurrence limit. Required commercial general liability coverage shall be at least as
broad as Insurance Services Office Commercial General Liability occurrence form CG
0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering
comprehensive General Liability and Insurance Services Office form number GL 0404
covering Broad Form Comprehensive General Liability. No endorsement may be attached
limiting the coverage.
iii. Automobile Liability Coverage. Contractor shall maintain
automobile liability insurance covering bodily injury and property damage for all activities
of the Contractor arising out of or in connection with the work to be performed under this
Agreement, including coverage for owned, hired and non-owned vehicles, in an amount
of not less than one million dollars ($1,000,000) combined single limit for each
occurrence. Automobile liability coverage must be at least as broad as Insurance
Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 (“any auto”). No
endorsement may be attached limiting the coverage.
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iv. Builder’s Risk Coverage. Prior to the commencement of any
construction of the Project, Design-Builder shall obtain (or cause to be obtained) and
keep in force during the term of any construction, builder’s risk insurance insuring for all
risks of physical loss of or damage (excluding the perils of earthquake and flood).
v. 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
consultants. The amount of this insurance shall not be less than one million dollars
($1,000,000) on a claims-made annual aggregate basis, or a combined single limit per
occurrence basis.
b. Endorsements. Each general commercial liability and automobile liability
insurance policy shall be with insurers possessing a Best’s rating of no less than A:VII
and shall be endorsed with the following specific language:
i. The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insured with respect to liability
arising out of work performed by or on behalf of the Contractor, including materials, parts
or equipment furnished in connection with such work or operations.
ii. This policy shall be considered primary insurance as respects the
City, its elected or appointed officers, officials, employees, agents and volunteers. Any
insurance maintained by the City, including any self-insured retention the City may have,
shall be considered excess insurance only and shall not contribute with it.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with respect to the limits of
liability of the insuring company.
iv. The insurer waives all rights of subrogation against the City, its
elected or appointed officers, officials, employees or agents.
v. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to the City, its elected or appointed officers, officials,
employees, agents or volunteers.
vi. The insurance provided by this Policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits except after thirty (30) days written
notice has been received by the City.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City. At the City’s option, Contractor shall
demonstrate financial capability for payment of such deductibles or self-insured retentions.
d. Certificates of Insurance. Contractor shall provide certificates of
insurance with original endorsements to City as evidence of the insurance coverage required
herein. Certificates of such insurance shall be filed with the City on or before commencement of
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performance of this Agreement. Current certification of insurance shall be kept on file with the
City at all times during the term of this Agreement.
10. Notices. Any notice required to be given under this Agreement shall be in writing
and either served personally or sent prepaid, first class mail. Any such notice shall be addressed
to the other party at the address set forth below. Notice shall be deemed communicated within
48 hours from the time of mailing if mailed as provided in this section.
If to City: City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
With a copy to: City of Lake Elsinore
Attn: City Clerk
130 South Main Street
Lake Elsinore, CA 92530
If to Contractor: Cotter Construction Inc.
Attn: Andrew Cotter
29903 Gulf Stream Dr.
Canyon Lake CA 92587
11. Entire Agreement. This Agreement constitutes the complete and exclusive
statement of agreement between the City and Contractor. All prior written and oral
communications, including correspondence, drafts, memoranda, and representations, are
superseded in total by this Agreement.
12. Amendments. This Agreement may be modified or amended only by a written
document executed by both Contractor and City and approved as to form by the City Attorney.
13. Assignment and Subcontracting. Contractor shall be fully responsible to City for
all acts or omissions of any subcontractors. Assignments of any or all rights, duties for obligations
of the Contractor under this Agreement will be permitted only with the express consent of
the City. Nothing in this Agreement shall create any contractual relationship between City and
any subcontractor nor shall it create any obligation on the part of the City to pay or to see to
the payment of any monies due to any such subcontractor other than as otherwise is required
by law.
14. Waiver. Waiver of a breach or default under this Agreement shall not constitute
a continuing waiver of a subsequent breach of the same or any other provision under this
Agreement.
15. Severability. If any term or portion of this Agreement is held to be invalid, illegal,
or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this
Agreement shall continue in full force and effect.
16. Controlling Law Venue. This Agreement and all matters relating to it shall be
governed by the laws of the State of California and any action brought relating to this Agreement
shall be held exclusively in a state court in the County of Riverside.
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17. Litigation Expenses and Attorneys’ Fees. If either party to this Agreement
commences any legal action against the other party arising out of this Agreement, the prevailing
party shall be entitled to recover its reasonable litigation expenses, including court costs, expert
witness fees, discovery expenses, and attorneys’ fees.
18. Mediation. The parties agree to make a good faith attempt to resolve any
disputes arising out of this Agreement through mediation 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.
19. Authority to Enter Agreement and Administration. Contractor has all requisite
power and authority to conduct its business and to execute, deliver, and perform the
Agreement. Each party warrants that the individuals who have signed this Agreement have the
legal power, right, and authority to make this Agreement and to bind each respective party. The
City Manager is authorized to enter into an amendment or otherwise take action on behalf of the
City to make the following modifications to the Agreement: (a) a name change; (b) grant
extensions of time; (c) non-monetary changes in the scope of services; and/or (d) suspend or
terminate the Agreement. The City Engineer shall act as the Project administrator on behalf of
the City.
20. Prohibited Interests. Contractor maintains and warrants that it has not employed
nor retained any company or person, other than a bona fide employee working solely for
Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid
nor has it agreed to pay any company or person, other than a bona fide employee working
solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other
consideration contingent upon or resulting from the award or making of this Agreement. For
breach or violation of this warranty, City shall have the right to rescind this Agreement without
liability. For the term of this Agreement, no member, officer or employee of City, during the term
of his or her service with City, shall have any direct interest in this Agreement, or obtain any
present or anticipated material benefit arising therefrom.
21. Equal Opportunity Employment. Contractor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee or
applicant for employment because of race, religion, color, national origin, handicap, ancestry,
sex or age. Such non-discrimination shall include, but not be limited to, all activities related to
initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff
or termination.
22. Prevailing Wages.
a. Contractor and all subcontractors shall adhere to the general prevailing
rate of per diem wages as determined and as published by the State Director of the Department
of Industrial Relations pursuant to Labor Code Sections 1770, 1773, and 1773.2. Copies of
these rates and the latest revisions thereto are on file in the office of the City Clerk of the City of
Lake Elsinore and are available for review upon request.
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b. Contractor's attention is directed to the provisions of Labor Code Sections
1774, 1775, 1776, 1777.5 and 1777.6. Contractor shall comply with the provisions of these
Sections. The statutory provisions for penalties for failure to comply with the State's wage and
the hours laws will be enforced.
c. Labor Code Sections 1774 and 1775 require the Contractor and all
subcontractors to pay not less than the prevailing wage rates to all workmen employed in the
execution of the contract and specify forfeitures and penalties for failure to do so. The minimum
wages to be paid are those determined by the State Director of the Department of Industrial
Relations. Labor Code Section 1776 requires the Contractor and all subcontractors to keep
accurate payroll records, specifies the contents thereof, their inspection and duplication
procedures and certain notices required of the Contractor pertaining to their location. The
statutory penalties for failure to pay prevailing wages will be enforced. If the Project has been
awarded to Contractor on or after April 1, 2015, Contractor and its subcontractors must furnish
electronic certified payroll records to the Labor Commissioner. Beginning January 1, 2016,
Contractor and its subcontractors must furnish electronic certified payroll records to the Labor
Commissioner without regard to when the Project was awarded to Contractor.
d. Labor Code Section 1777.5 requires Contractor or subcontractor
employing tradesmen in any apprenticeable occupation to apply to the Joint Apprenticeship
Committee nearest the site of the public works project, which administers the apprenticeship
program in that trade for a certificate of approval. The certificate will also fix the ratio of
apprentices to journeymen to be used in the performance of the Agreement. The Contractor is
required to make contributions to funds established for the administration of apprenticeship
programs if the Contractor employs registered apprentices or journeymen in any apprenticeable
trade and if other contractors on the public works site are making such contributions.
Information relative to apprenticeship standards, contributions, wage schedules and other
requirements may be obtained from the State Director of Industrial Relations or from the
Division of Apprenticeship Standards. Labor Code Section 1777.6 provides that it shall be
unlawful to refuse to accept otherwise qualified employees as registered apprentices solely on
the grounds of race, religious creed, color, national origin, ancestry, sex, or age.
e. Eight hours labor constitutes a legal day's work, as set forth in Labor
Code Section 1810.
23. Execution. This Agreement may be executed in several counterparts, each of
which shall constitute one and the same instrument and shall become binding upon the parties
when at least one copy hereof shall have been signed by both parties hereto. In approving this
Agreement, it shall not be necessary to produce or account for more than one such counterpart.
[Signatures on next page]
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date
first written above.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
“CONTRACTOR”
[Cotter Construction Inc,
Jason Simpson, City Manager
ATTEST:
By: Andrew Cotter
Its: Click or tap here to enter text.
City Clerk
APPROVED AS TO FORM:
By: Owner
Its: Click or tap here to enter text.
City Attorney
Assistant City Manager
EXHIBIT A
(ATTACHED]
EXHIBIT B
LIST OF SUBCONTRACTORS
[ATTACHED]