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HomeMy WebLinkAboutAgreement Monet Construction Library Bid Set A Docusign Envelope ID: BBBD2909-9ADB-4B1C-BC63-B100D5D918DF Agreement No. AGREEMENT FOR PUBLIC WORKS CONSTRUCTION Monet Construction, Inc. For the City Library CIP PROJECT NO. Z20003 This Agreement for Public Works Construction ("Agreement") is made and entered into as of December 9, 2025 by and between the City of Lake Elsinore, a municipal corporation ("City") and Monet Construction, Inc. ("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: Bid Set `A' concrete, framing, roofing, exterior doors, window and cement plaster/brick (the"Project") The City-approved plans for the construction of the Project, which are incorporated herein by reference and prepared by Bid Set 'A' Architectural Plans, are identified as: Concrete, framing, roofing, exterior doors, windows and cement plaster/brick 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 three million seven hundred ninety- two thousand five hundred forty-one dollars ($3,792,541.00). 1 Docusign Envelope ID: BBBD2909-9ADB-4B1C-BC63-B100D5D918DF 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 and complete all work within 145 working days from the date of commencement specified in the Notice to Proceed, 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 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 $1,000.00 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. 2 Docusign Envelope ID: BBBD2909-9ADB-4B1C-BC63-B100D5D918DF 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 of Contractor or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to 3 Docusign Envelope ID: BBBD2909-9ADB-4B1C-BC63-B100D5D918DF 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. 4 Docusign Envelope ID: BBBD2909-9ADB-4B1C-BC63-B100D5D918DF 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 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. 5 Docusign Envelope ID: BBBD2909-9ADB-4B1C-BC63-B100D5D918DF 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: Monet Construction, Inc. Attn: Richard Boctor 7610 Day St. Tujuna, CA 91042 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. 6 Docusign Envelope ID: BBBD2909-9ADB-4B1C-BC63-B100D5D918DF 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. 7 Docusign Envelope ID: BBBD2909-9ADB-4B1C-BC63-B100D5D918DF 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] s Docusign Envelope ID: BBBD2909-9ADB-4B1C-BC63-B100D5D918DF IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above. "CITY" "CONTRACTOR" CITY OF LAKE ELSINORE, a municipal Monet Construction, Inc. a corporation corporation DocuSigned by: DocuSigned by: D aSDln, �Iw�pSbtn, ���, �jb(�'bV' 1 F551 FRZFRFFAI� City Manager C7BD1 D97FCF1485 By: Richard Boctor Its: President ATTEST: EDOCUSigned by: z2 j=,v,,,,Ann City Clerk By: Click or tap here to enter text. APPROVED AS TO FORM: Its: Click or tap here to enter text. EvSigned by: ��� ►"NM/Wl. BEA621005F5A42C_. City Attorney Signed by: R7AFR'1rA1FA9AOS Assistant City Manager 9 Docusign Envelope ID: BBBD2909-9ADB-4B1C-BC63-B100D5D918DF EXHIBIT A CONTRACTOR'S PROPOSAL [ATTACHED] Docusign Envelope ID: BBBD2909-9ADB-4B1C-BC63-B100D5D918DF BIDDER'S PROPOSAL LIBRARY BID SET A CIP PROJECT NO. Z20003 Company: Monet Construction, Inc. Honorable Mayor Members of the Council: In accordance with the Notice Inviting Bids pertaining to the receiving of sealed proposals by the City Clerk of the City of Lake Elsinore for the above titled improvement, the undersigned hereby proposes to furnish all Work to be performed in accordance with the Specifications, Standard Drawings, and the Contract Documents, for the unit price or lump sum set forth in the following schedule: BID SCHEDULE A — Unit Total Bid Item No. Description Quantity Units Price ($) ($) Mobilization & Demobilization Including 1 Construction Schedules 1 $ $ Not To Exceed 3% of Total Bid 2 Labor, Material Bond and Performance 1 $ $ Bond 6 0) 3 Concrete, Footing & Slab 1 gIDZZf ;g(OZ 4 Spoils Removal 1 $206ZO $Zm 5 Zo 5 Backfill and Compact 1 $Z C-'00 $7-16,00 6 Steel Rebar 1 $ 1 17g0 $151 a 7 Framing with Structural Elements 1 $ 70 $ 5-1S7o 8 Roof Decking 1 $114 $ 9 Roof Safety Netting / Railing 1 $ 00 $t 10 Roof TPO System 1 $ =a $ 3 61 qg q 11 Exterior Windows 1 $ 0v $ eo 12 Exterior Doors 1 $ 2Z2 0 $ ZZ f o 13 Cement Plaster 1 $ $ way 14 Masonry Brick 1 $ &40 $ D SCHEDULE A Total Bid: 3, ?5 21�� I (Figures*) SCHEDULE A Total Bid:-roArE (Words*) *BID MAY BE REJECTED IF TOTAL IS NOT SHOWN FOR BOTH FIGURES AND WORDS. C-2 Docusign Envelope ID: BBBD2909-9ADB-4B1C-BC63-B100D5D918DF The undersigned agrees to enter into and execute a contract, with necessary bonds, at the unit prices set forth herein and in case of default in executing such contract, with necessary bonds, the check or bond accompanying this bid and the money payable thereon shall be forfeited thereby to and remain the property of the City of Lake Elsinore. The above unit prices include all work appurtenant to the various iterns as outlined in the Contract Documents and all work or expense required for the satisfactory completion of said items. In case of discrepancies between unit prices and totals, the unit prices shall govern. The undersigned declares that it has carefully examined the Specifications, and Contract Documents, and has investigated the site of the work and is familiar with the conditions thereon. Monet C truc ion, Inc. Date: 10/30/2025 By. Contractor's State License No.: 826930 Class: A&B Address: 7610 Day St. Tujunga, CA 91042 Phone: 818-330-7306 FAX: 818-330-7308 C-3 Docusign Envelope ID: BBBD2909-9ADB-4B1C-BC63-B100D5D918DF BOND NO. N/A BIDDER'S BOND LIBRARY CIP PROJECT NO.Z20003 BID SET A KNOW ALL MEN OR WOMEN BY THESE PRESENTS: That we MONET CONSTRUCTION, INC. as PRINCIPAL, NATIONWIDE MUTUAL INSURANCE COMPANY hereinafter referred to as"Contractor", and a duly authorized corporate as "Surety," are held and firmly bound 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 AMOUNT BID 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 for signature, 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 attorney fee to be fixed by the court. (SIGNATURE PAGE FOLLOWS) C-6 Docusign Envelope ID: BBBD2909-9ADB-4B1C-BC63-B100D5D918DF BIDDER'S BOND SIGNATURE PAGE LIBRARY CIP PROJECT NO. Z20003 BID SET A IN WITNESS WHEREOF, we have hereunto set our hands and seals on this 21ST day of OCTOBER 20 25 BIDDER: CORPORATE SURETY: Contractor Name: MONET CONSTRUCTION. INC. Company Name: NATIONWIDE MUTUAL INSURANCE COMPANY Address: 7610 DAY STREET Address: 1 PARK PLAZA#600 TUJUNGA,CA 91042 IRVINE,CA 92614 Telephone No.: 818-330-7306 Telephone No.: 213-507-4207 Print Name: Qt�-1Gt] �i�(l�lN� Print Name: KEVIN VEGA Title: Title: ATTORNEY-in-FACT Signatur Signature: 91 Date: l 0 13u I�2� Date: OCTOBER 21 ST,2025 SIGNING INSTRUCTIONS TO THE CONTRACTOR Bidder's Bond must be accompanied by notary certificates for EACH signature. Note the description of the document on the notary certificate. Attach BOTH notary certificates immediately following this page. Corporate Seal may be affixed hereto. The attorney-in-fact for corporate surety 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 omits the required signatures, the bid will be considered non- responsive and will be rejected. C-7 Docusign Envelope ID: BBBD2909-9ADB-4B1C-BC63-B100D5D918DF Power of Attorney KNOW ALL MEN BY THESE PRESENTS THAT: Nationwide Mutual Insurance Company,an Ohio corporation hereinafter referred to severally as the"Company"and collectively as"the Companies"does hereby make,constitute and appoint: BRITTON CHRISTIANSEN; KEVIN VEGA,; PHILIP E VEGA; each in their Individual capacity,its true and lawful attorney-in-fact,with full power and authority to sign,seal,and execute on Its behalf any and all bonds and undertakings,and other obligatory Instruments of similar nature,In penalties not exceeding the sum of UNLIMITED and to bind the Company thereby,as fully and to the same extent as if such Instruments were signed by the duly authorized officers of the Company;and all acts of said Attorney pursuant to the authority given are hereby ratified and confirmed. This power of attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company: "RESOLVED,that the president,or any vice president be,and each hereby is,authorized and empowered to appoint attorneys-in-fact of the Company, and to authorize them to execute and deliver on behalf of the Company any and all bonds,forms,applications,memorandums,undertakings, recognizances,transfers,contracts of indemnity,policies,contracts guaranteeing the fidelity of persons holding positions of public or private trust,and other writings obligatory In nature that the business of the Company may require;and to modify or revoke,with or wlthout cause,any such appointment or authority;provided,however,that the authority granted hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any of said documents on behalf of the Company." "RESOLVED FURTHER,that such attorneys-in-fact shall have full power and authority to execute and deliver any and all such documents and to bind the Company subject to the terms and limitations of the power of attorney issued to them,and to affix the seal of the Company thereto;provided,however,that sold seal shall not be necessary for the validity of any such documents." This power of attorney Is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company. Execution of Instruments.Any vice president,any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all approved documents,Instruments,contracts,or other papers In connection with the operation of the business of the company In addition to the chairman of the board,the chief executive officer,president,treasurer or secretary;provided,however,the signature of any of them may be printed,engraved,or stamped on any approved document,contract,instrument,or other papers of the Company. IN WITNESS WHEREOF,the Company has caused this instrument to be sealed and duly attested by the signature of Its officer the 1 st day of April,2024. - Antonio C.Albanese,Vice President of Nationwide Mutual Insurance Company ACKNOWLEDGMENT � ufurtrur� STATE OF NEW YORK COUNTY OF KINGS:ss A On this 1st day of April,2024,before me came the above-named officer for the Company oq, �� aforesaid,to me personally known to be the officer described In and who executed the 0# SE.AL;=,� preceding instrument,and he acknowledged the execution of the same,and being by me duly swom,deposes and says,that he is the officer of the Company aforesaid,that the seal affixed *%oiletis 6� hereto Is the corporate seal of said Company,and the said corporate seal and his signature were duly affixed and subscribed to said Instrument by the authority and direction of said Company, Sharon Laburda NotaryPubllo SlateotNowYork No,e1LA9427697 Qualitled In Nngs County Nou"y Puwa Commission Expires January 32026 Myeomm11.knEPM6 CERTIFICATE Janwwy%2m 1,Lezlie F,Chimlenti,Assistant Secretary of the Company,do hereby certify that the foregoing is a full,true and correct copy of the original power of attorney Issued by the Company;that the resolution included therein Is a true and correct transcript from the rrilnutes of the meetings of the boards of directors and the same has not been revoked or amended In any manner;that said Antonio C.Albanese was on the date of the execution of the foregoing power of attorney the duly elected officer of the Company,and the corporate seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority of said board of directors;and the foregoing power of attorney is still In full force and effect. IN WITNESS WHEREOF,I have hereunto subscribed my name as Assistant Secretary,and affixed the corporate seal of said Company this 21st day of October 2025 Assistant Secretary 6DJ 1(44-24)00 Docusign Envelope ID: BBBD2909-9ADB-4B1C-BC63-B100D5D918DF CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California } )SS. County of LOS ANGELES } On October2lst,2025 before me, Philip Vega, Notary Public Here Insert Name and Title of the Officer personally appeared Kevin Vega, Attorney-in-Fact Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed to the within instrument PHILIP VEGA and acknowledged to me that he/she/they executed the same in votary Public California his/her/their authorized capacity(ies), and that by his/her/their Los Angeles County signature(s) on the instrument the person(s), or the entity upon Commission X 1490569 behalf of which the person(s)acted,executed the instrument. My Comm.Expires May 31,2028 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. Si nature: Place Notary Seal Above S' n u of Notary Public OPTIONAL Though the information below is not required by taw,it may prove valuable to persons relying on the document and prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title of 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: ❑ Individual O Individual ❑ Corporate Officer Title(s): ❑ Corporate Officer Title(s): ❑ Partner-O Limited ❑General ❑ Partner-❑Limited ❑General ❑ Attorney in Fact Right Thumbprint of Signer ❑ Attorney in Fact Right Thumborinl of Signer ❑ Trustee Too of thumb here ❑ Trustee Too of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: CA1DD102000.50111\10151761.2 22 (UPDATED:01-19) Docusign Envelope ID: BBBD2909-9ADB-4B1C-BC63-B100D5D918DF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles ) On 10/30/2025 before me, Jenny Altagracia Martinez, Notary Public (insert name and title of the officer) personally appeared Richard Boctor ---------------------------------------------------------- who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. OMJENNY ALTAGRACIA MARTINEZ NotaryPublic.California LosAngelesCounty CommissionIt2412944 y Comm.Expires Sep 11,2026 Signature (Seal) Docusign Envelope ID: BBBD2909-9ADB-4B1C-BC63-B100D5D918DF NON-COLLUSION AFFIDAVIT LIBRARY CIP PROJECT NO. Z20003 BID SET A STATE OF CALIFORNIA ) SS COUNTY OF ) (NAME) Richard Boctor Affiant being first duly sworn, deposes and says: That he or she is President of (Sole owner, partner or other proper title) Monet Construction, Inc. the party making the foregoing Bid, 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 share Bid. (Public Contract Code Section 7106) Address: 7610 Day St., Tujunga, CA 01042 Telephone No.: 818-330-�306 Print Nam : Ic P- Octo Signatur4 Title: President Date: 10/30/2025 SIGNING 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. C-5 Docusign Envelope ID: BBBD2909-9ADB-4B1C-BC63-B100D5D918DF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles ) On 10/30/2025 before me, Jenny Altagracia Martinez, Notary Public (insert name and title of the officer) personally appeared Richard Boctor ---------------------------------------------------------- who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. la JENNYALTAGRACIAMARTINEZ W Notary Public•California � W Los Angeles County > Commission a 2412944 ����� "�,My Comm.Expires Sep 11,2026+ Signature (Seal) Docusign Envelope ID: BBBD2909-9ADB-4B1C-BC63-B100D5D918DF REFERENCES LIBRARY CIP PROJECT NO. Z20003 BID SET A Failure to demonstrate adequate experience may result in rejection of the bid. For all public agency projects with a similar scope of work which you have worked on (or are currently working on) in the past three (3) years, provide the following required information: 1. Narne (Firm/Agency): ALTADENA LIBRARY DISTRICT Address: 600 E. MARIPOSA ST., ALTADENA CA 91001 Contact Person: NIKKI WINSLOW Telephone No.: 626-316-4631 Title of Project: BOB LUCAS MEMORIAL LIBRARY & LITERACY CENTER CONTRUCTION Project Location: 2659 LINCOLN AVE.. ALTADENA, CA 91001 Date of Completion: 09/30/2025 Contract Arnount: $3,189,293.00 2. Name (Firm/Agency): CITY OF VICTORVILLE Address: 14343 CIVIC DRIVE, VICTORVILLE, CA 92392 Contact Person: JOSEPH SLEGERs Telephone No.: 760-243--6337 Title of Project: VICTORVILLE GREEN TREE LIBRARY RENOVATION Project Location: 14144 GREEN TREE BLVD., VICTORVILLE, CA 92395 Date of Completion: 10/30/2025 Contract Amount: $9,349,776.00 3. Name (Firm/Agency): SANTA PAULA UNIFIED SCHOOL DISTRICT Address: 201 S. STECKEL DR., SANTA PAULA CA 93060 Contact Person: DOUGLAS HENNING Telephone No.: 805-933-8819 Title of Project: SANTA PAULA HIGH SCHOOL LIBRARY RENOVATION Project Location: 404 NORTH SIXTH STREET, SANTA PAULA, CA 93060 Date of Completion: 08/30/2025 Contract Amount: $3,556,639.00 C-9 Docusign Envelope ID: BBBD2909-9ADB-4B1C-BC63-B100D5D918DF 4. Name (Firm/Agency): GLENDALE COMMUNITY COLLEGE Address: 1500 NORTH VERDUGO ROAD, GLENDALE CA 91208 Contact Pei-son: SILVA SORKAZIAN Telephone No.: 818-551-5221 Title of Project: SAN GABRIEL LEVEL 2 RENOVATION PROJECT Project Location: 1500 NORTH VERDUGO ROAD, GLENDALE CA 91208 Date of Completion: 04/15/2025 Contract Amount: $3,304,578.00 5. Name (Firm/Agency): CITY OF ORANGE Address: 300 E. CHAPMAN AVE., ORANGE, CA 92866 Contact Person: JOSHUA SOLIZ Telephone No.: 7,14-744-5588 Title of Project: CORP YARD RENOVATION PROJECT POLICE STORAGE FACILITY PHASE 1A Project Location: 637 W. STRUCK AVE , ORANGE CA 92867 Date of Completion: 04/08/2025 Contract Amount: $1,612,155 6. Name (Firm/Agency): JURUPA COMMUNITY SERVICES DISTRICT Address: 11201 HARREL ST, JURUPA VALLEY, CA 91752 Contact Person: 951-685-7434x510 Telephone No.: ENAYATULLAH KHUGYANI Title of Project: HARREL HEADQUARTERS BUILDING IMP PROJECT Project Location: 11201 HARREL ST., JURUPA VALLEY CA 91752 Date of Completion: 06/20/2025 Contract Amount: $6,141,472 7. Name (Firm/Agency): CITY OF MOORPARK Address: 799 MOORPARK AVE., MOORPARK CA 93021 Contact Person: JESSICA SANDIFER Telephone No.: 805-517-6225 Title of Project: MOORPARK CITY HALL TI PROJECT Project Location: 323 SCIENCE DR., MOORPARK, CA 93021 Date of Completion: 11/14/2024 Contract Amount: $6,483,305,00 C-10 Docusign Envelope ID: BBBD2909-9ADB-4B1C-BC63-B100D5D918DF List any other projects (private, older than three (3) years, etc.) that may represent qualifying similar experience: 1. Name (Firm/Agency): HUENEME ELEMENTARY SCHOOL DISTRICT Address: 205 NORTH VENTURA ROAD, PORT HUENEME, CA 93041 Contact Person: DAVID RAGSDALE Telephone No.: 805-488-3588 Title of Project: 550 E. THOMAS AVE. & 1416 SIXTH PLACE, OXNARD CA 93033 Project Location: LARSEN ES & PARKVIEW ES HVAC, ELECTRICAL & FA UPGRADES Date of Completion: 04/30/2024 Contract Amount: $7,124,243.00 2. Name (Firm/Agency): VENTURA COUNTY COMMUNITY COLLEGE DISTRICT Address: 761 EAST DAILY DRIVE. SUITE 200, CAMARILLO CA 93010 Contact Person: JESSE SLUDER Telephone No.: 805-746-4413 Title of Project: VENTURA COLLEGE WAM DIESEL SHOP Project Location: 4667 TELEGRAPH ROAD, VENTURA, CA 93003 Date of Completion: 04/16/2024 Contract Amount: $1,042,375.00 3. Name (Firm/Agency): COUNTY OF VENTURA PUBLIC WORKS AGENCY Address: 800 S. VICTORIA AVE., VENTURA, CA 93009-1670 Contact Person: DEVI NALLAMALA. P.E. Telephone No.: 805-658-4354 Title of Project. FILLMORE LIBRARY EXPANSION Project Location: 502 SECOND ST., FILLMORE, CA 93015 Date of Completion: 11/21/2022 Contract Amount: $2,298,045.00 C-11 Docusign Envelope ID: BBBD2909-9ADB-4B1C-BC63-B100D5D918DF CONTRACTOR'S INFORMATION LIBRARY CIP PROJECT NO. Z20003 BID SET A Contractor's License No.: 826930 Class: A&B a. Date first obtained: 10/30/2003 Expiration 10/31/2027 b. Has License ever been suspended or revoked? No If yes, describe when and why: c. Any current claims against License or Bond? No If yes, describe claims: Principals in Company (List all — attach additional sheets if necessary): NAME TITLE LICENSE NO. (If Applicable) Richard Boctor President 826930 C-12 Docusign Envelope ID: BBBD2909-9ADB-4B1C-BC63-B100D5D918DF DISQUALIFICATION OR DEBARMENT LIBRARY CIP PROJECT NO. Z20003 BID SET A Has your firm, any officer of your firm, or any employee who has a proprietary interest in your firm ever been disqualified, removed, or otherwise prevented from bidding on, performing work on, or completing a federal, state or local project because of a violation of law or a safety regulation? YES I (circle one) NO If yes, provide the following information (if more than once, use separate sheets): Date: Entity: Location: Reason: Provide Status and any Supplemental Statement: Has your firm been reinstated by this entity? YES 1 (circle one) NO C-14 Docusign Envelope ID: BBBD2909-9ADB-4B1C-BC63-B100D5D918DF VIOLATIONS OF FEDERAL, STATE OR LOCAL LAWS LIBRARY CIP PROJECT NO. Z20003 BID SET A 1. Has your firm or its officers been assessed any penalties by an agency for noncompliance or violations of Federal, State or Local labor laws and/or business or licensing regulations within the past five (5) years relating to your construction projects? YES/ND) (circle one) Federal / State / Local (circle one) If"yes," identify and describe, (including agency and status): Have the penalties been paid? (ENO (circle one) 2. Does your firm or its officers have any ongoing investigations by any public agency regarding violations of the State Labor Code, California Business and Professions Code or State Licensing Laws? ES NO (circle one) Code/Laws: 1741 Section/Article: If"yes," identify and describe, (including agency and status): Audit 40-80636-768: 04/29/2024 Whittier SC - No Assesment Received C-13 Docusign Envelope ID: BBBD2909-9ADB-4B1C-BC63-B100D5D918DF ACKNOWLEDGMENT OF ADDENDA RECEIVED LIBRARY CIP PROJECT NO. Z20003 BID SET A The Bidder shall acknowledge the receipt of addenda by placing an "X" by each addendum received. Addendum No. 1 Addendum No. 2 Addendum No. 3 Addendum No. 4 If an addendum or addenda have been issued by the City and not noted above as being received by the Bidder, the Bid Proposal may be rejected. 10/30/2025 Bidde s Signature Rich d Boctor, President Date C-4 Docusign Envelope ID: BBBD2909-9ADB-4B1C-BC63-B100D5D918DF EXHIBIT B LIST OF SUBCONTRACTORS [ATTACHED] Docusign Envelope ID: BBBD2909-9ADB-4B1C-BC63-B100D5D918DF LIST OF SUBCONTRACTORS LIBRARY CIP PROJECT NO. Z20003 BID SET A The bidder is required to fill in the following blanks in accordance with the provisions of the Subletting and Subcontracting Fair Practices Act (Chapter 2 of Division 5, Title 1 of the Government Code of the State of California) and should familiarize itself with Sections 2-3 of the Standard Specifications. Name Under Which Subcontractor is Licensed: 645" /16L&l/�t License Number:60?j 762 Address of Office Mill or Shop: /I¢4� �y � T f34NCLty CU� /'�D�/Gl,� LC�f Specific Description of Sub-Contract: and Bid Items of Work:SfRt�Tv,R,�G Name Under Which Subcontractor is Licensed: � C-4,/ / 7//, License Number: y4'j q Address of Office, Mill or Shop: Specific Description of Sub-Contract: and Bid Items of Work -rly//V 8 z/CA Name Under Which Subcontractor is Licensed: License Number: 1:�Ad C-6 Address of Office, Mill or Shop: IL-L20sr�l.w4 Specific Description of Sub-Contract: and Bid Items ofWork:.."(14754C Name Under Which Subcontractor is Licensed: '�relve "rl-- License Number: f�91 Address of Office, Mill or Shop: J� /✓, �1TL ./� Specific Description of Sub-Contract: and Bid Items of Work: Subcontractors listed in accordance with the provisions of Section 2-3 must be properly licensed under the laws of the State of California for the type of work that they are to perform. Do not list alternate subcontractors for the same work. C-8 Docusign Envelope ID: BBBD2909-9ADB-4B1C-BC63-B100D5D918DF LIST OF SUBCONTRACTORS LIBRARY CIP PROJECT NO. Z20003 BID SET A The bidder is required to fill in the following blanks in accordance with the provisions of the Subletting and Subcontracting Fair Practices Act (Chapter 2 of Division 5, Title 1 of the Government Code of the State of California) and should familiarize itself with Sections 2-3 of the Standard Specifications. Name Under Which Subcontractor is Licensed: d1pPA�� 5�i?/G License Number: Address of Office, Mill or Shop: fyd/ S� � � /L7. �•� Specific Description of Sub-Contract: and Bid Items of Work.- Name Under Which Subcontractor is Licensed: License Number.S�y�]�C // Address of Office, Mill or Shop: 5 L/ l/ 4 Specific Description of Sub-Contract: and Bid Items of Work & Name Under Which Subcontractor is Licensed: License Number: Address of Office, Mill or Shop: Specific Description of Sub-Contract: and Bid Items of Work: Name Under Which Subcontractor is Licensed: License Number: Address of Office. Mill or Shop: Specific Description of Sub-Contract: and Bid Items of Work: Subcontractors listed in accordance with the provisions of Section 2-3 must be properly licensed under the laws of the State of California for the type of work that they are to perform. Do not list alternate subcontractors for the same work. C-8