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HomeMy WebLinkAboutExecuted Agreement Metrocell Docusign Envelope ID:ACFC8A26-23E1-4194-97AB-BFD191512B92 Agreement No. AGREEMENT FOR PUBLIC WORKS CONSTRUCTION METROCELL CONSTRUCTION, INC. For the ATP CYCLE 4 MURRIETA CREEK MULTI-USE TRAIL PROJECT ATPL 5074 (021)/CIP PROJECT NO. Z30010 This Agreement for Public Works Construction ("Agreement") is made and entered into as of August 12, 2025 by and between the City of Lake Elsinore, a municipal corporation ("City") and Metrocell 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 Protect and Protect Documents. Contractor agrees to construct the following public improvements("work") identified as: ATP CYCLE 4 MURRIETA CREEK MULTI-USE TRAIL(the"Project") The City-approved plans for the construction of the Project, which are incorporated herein by reference and prepared by Chen Ryan Associates, are identified as: ATP CYCLE 4 MURRIETA CREEK MULTI-USE TRAIL 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 Two Million Nine Hundred Ninety-Six Thousand Five Hundred Thirty-Three dollars and 20/100 cents ($2,996,533.20). 1 Docusign Envelope ID:ACFC8A26-23E1-4194-97AB-BFD191512B92 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 Two Hundred (200) 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 Two Thousand Five Hundred dollars ($2,500.00) 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. 2 Docusign Envelope ID:ACFC8A26-23E1-4194-97AB-BFD191512B92 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:ACFC8A26-23E1-4194-97AB-BFD191512B92 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:ACFC8A26-23E1-4194-97AB-BFD191512B92 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 5 Docusign Envelope ID:ACFC8A26-23E1-4194-97AB-BFD191512B92 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: Metrocell Construction, Inc. Attn: James Culwell 16051 Crosswind Avenue Chino, CA 91708 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:ACFC8A26-23E1-4194-97AB-BFD191512B92 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:ACFC8A26-23E1-4194-97AB-BFD191512B92 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] 8 Docusign Envelope ID:ACFC8A26-23E1-4194-97AB-BFD191512B92 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 Metrocell Construction, a Corporation corporation FDocuSigned by: Dgned by: aSbvu S1KAfSb1& 8/26/2025 1 2:49 PM PDT P;Z 8/26/2025 3:24 PM MDT E4rT- City anager By: James Culwell Its: President ATTEST: DocuSigned by: 8/26/2025 1 3:06 PM PDT City Clerk APPROVED AS TO FORM: Signed by: 8/26/2025 1 9:14 AM PDT City Attorney FS Signed by: ew 6 8/25/2025 1 5:12 PM PDT Assistant Clty Manager 9 Docusign Envelope ID:ACFC8A26-23E1-4194-97AB-BFD191512B92 EXHIBITA CONTRACTOR'S PROPOSAL [ATTACHED] Docusign Envelope ID:ACFC8A26-23E1-4194-97AB-BFD191512B92 CITY OF LAKE ELSINORE CIP PROJECT NO. 30010 t i i SECTION C BID DOCUMENTS 1 3 i I 1 'I a 1 i iI I Y 3 B-6 Docusign Envelope ID:ACFC8A26-23E1-4194-97AB-BFD191512B92 CITY OF LAKE ELSINORE CIP PROJECT NO. Z30010 BIDDER'S PROPOSAL ATP CYCLE 4 MURRIETA CREEK MULTI-USE TRAIL PROJECT ATPL-5074(021) /CIP PROJECT NO. Z30010 Company: Metrocell Construction, Inc. Honorable Mayor, Members of the Council: In accordance with the Notice Inviting Bids pertaining to the receiving of bid proposals by 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: Time of Completion: Two Hundred (200) Working Days from Issuance of Notice to Proceed (NTP) by City to Contractor. 1. BID SCHEDULE A-BASE BID PAVEMENT REHABILITATION ITEM UNIT TOTAL NO. DESCRIPTION UNIT QUANTITY COST COST 1 MOBILIZATION, DEMOBILIZATION AND CLEANUP LS 1 101�pbo fvk 000, 2 PREPARE SWPPP LS 1 1319V 0. %3,000 3 SITE MAINTENANCE AND BEST MANAGEMENT PRACTICE LS 1 3 3 "h;V, 4 CONSTRUCTION SURVEY LS 1 ��3,(v571. /33 S�D 5 TRAFFIC CONTROL AND PUBLIC CONVENIENCE LS 1 /tvj 200 6 FURNISH AND INSTALL SIGNING AND MARKING LS 1 33,10, 3.10 7K0 7 CLEARING AND GRUBBING SF 266,190 0.14 ?4 8 REMOVE AND DISPOSE OF STROM DRAIN PIPE LF 18 37 b,00 Goo '?Sb 9 REMOVE AND DISPOSE OF STORM DRAIN STRUCTURE EA 2 10 REMOVE AND DISPOSE OF CONCRETE FLATWORK AND SF 100 BASE _3, S� 3,T',� 11 REMOVE AND DISPOSE OF CONCRETE CURB AND BASE LF 15 12 SAWCUT LF j 130 2- 3,j/p 13 REMOVE AND DISPOSE OF HMA AND BASE SF 900 (v,7 Sl (v,07S , 14 MILL SF 390 �„ 7S 2103 2,5 15 REMOVE AND DISPOSE OF FENCING, GATE,AND LF 135 FOUNDATIONS 333S. µ, 49 16 REMOVE AND DISPOSE OF WOODEN STRUCTURES AND LS 1 FOUNDATIONS 4US�, ��®f� 17 ADJUST UTILITY TO GRADE EA 2 /Z,/iJ 18 FURNISH AND INSTALL 4'TEMPORARY CONSTRUCTION LF 15,060 FENCING /..3S- LUG 3-41.d 19 GRADING LS 1 e/,S'D 4) (,"l,SDU. 20 UNSUITABLE MATERIAL CY 6,080 9lL,SD 6 714, "D 21 PLACE HOT MIX ASPHALT(TRAIL) TON 1,475 337,49+{, 22 PLACE HOT MIX ASPHALT(ROADWAY) TON 60 5b7, 31,vz�, 23 PLACE CLASS II AGGREGATE BASE CY 1,850 lq/ L 24 PLACE STABILIZED DECOMPOSED GRANITE (3" COMPACTED CY 260 C-7 Docusign Envelope ID:ACFC8A26-23E1-4194-97AB-BFD191512B92 CITY OF LAKE ELSINORE CIP PROJECT NO. Z30010 DEPTH) 25 CONSTRUCT PCC CURB LF 145 r['o u 26 CONSTRUCT 8"THICK PCC SIDEWALK(LE STD 210) SF 800 33 L7,oov. 27 CONSTRUCT MODIFIED ADA CURB RAMP (LE STD 214A) EA 1 4[/G�• /[�� 28 CONSTRUCT REINFORCED CONCRETE STEM WALL (CALTRANS STD 133-7A&133-76) SF 1,020 /35'. /3 l 700 29 CONSTRUCT CONCRETE BROW DITCH LF 140 Ale," lv JOq, 30 FURNISH AND INSTALL MODIFIED CABLE RAILING (CALTRANS STD B11-47) LF 250 31 CONSTRUCT 6" REINFORCED PCC PAVEMENT SF 2,240 / AIO qz,3 3(. , 32 CONSTRUCT RSP PAD WITH CLASS 8 FABRIC CY 190g.L�D z3�f 33 CONSTRUCT PCC PIPE COLLAR (RCFC STD M803) EA 2 12-S. q,c,!Ste. 34 FURNISH AND INSTALL STROM DRAIN RCP LF 36 ZvZS 72 qCP. 35 CONSTRUCT HEADWALL(CALTRANS STD D8913) EA 2 2.(,330 • LIZ,('('D. 36 FURNISH AND INSTALL TRENCH DRAIN W/GRATE LF 18 S 1:3G+ 14 -qZ) . 37 FURNISH AND INSTALL PET WASTE STATION EA 3 / 21 S 38 FURNISH AND INSTALL KIOSK STRUCTURE AND MAP EA 3 3 3-7 S' /O /2.i;_. 39 FURNISH AND INSTALL WOOD POST FENCE LF 12,000 3 j,'j,Z 3�L> �440.- 40 FURNISH AND INSTALL U HIGH AMERISTAR MONTAGE FENCE LF 20 -2,`1?�• �TJGC> 41 FURNISH AND INSTALL CHAIN LINK FENCE LF 100 gO.S37 �,0 S"-v 42 FURNISH AND INSTALL CHAIN LINK GATE EA 2 2,015 t��osio . 43 FURNISH AND INSTALL STEEL GATE BARRIER WITH BOLLARD LATCH POST EA 2 2,02, �i Dom• 44 FURNISH AND INSTALL STEEL REMOVABLE BOLLARD POST EA 4 45 FURNISH AND INSTALL WAYFINDING SIGNAGE LS 1 3,'3 7�, 3 3 I S, 46 FURNISH AND INSTALL PEDESTRIAN TRUSS BRIDGE (INCLUDING ABUTMENTS AND FOUNDATIONS LS 1 Z0l fsL� I01/S a TOTAL Z y�(L 5 3 1.0 TOTAL BID PRICE: TOTAL BID PRICE BASED ON BID SCHEDULE TOTAL OF UNIT PRICES FOR ATP CYCLE 4 MURRIETA CREEK MULTI-USE TRAIL PROJECT $ 2_,gq t` �33. 24) Total Bid Price in Numbers $fiwo roidion nine have eed hirrty LiyfbouSood f�ye huvietreol 16-Al. fih Qn4f 20 Total Bid Price In Written Form In case of discrepancy between 6 written price and the numerical price, the written price shall prevail. Note: Estimated quantities are for the purpose of Bid comparison only; payments will be made on the basis of actual measurement of Work completed, except for lump sum (LS) and final pay (F) quantities. (S) denotes a specialty item. The Bid Price shall include, but not be limited to, sales tax and all other applicable taxes and fees.All work described on the plans and in the specifications and other incidentals necessary to complete the project shall be paid under items above. No additional payments will be allowed. *BID MAY BE REJECTED IF TOTAL IS NOT SHOWN FOR BOTH FIGURES AND WORDS. C-8 Docusign Envelope ID:ACFC8A26-23E1-4194-97AB-BFD191512B92 CITY OF LAKE ELSINORE CIP PROJECT NO. Z30010 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 items as outlined in the Specifications 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 Plans, Specifications, and Contract Documents, and has investigated the site of the work and is familiar with the conditions thereon. Metrocell Construction, Inc. Co actor Date: June 17, 2025 By: Contractor's State License No.: 829469 Class: A,B,C10,HAZ Department of Industrial Relations Registration No: 1000046269 Registration Date: 11/15/2023 Expiration Date: 06/30/2025 Address: 16051 Crosswind Avenue Chino, Ca 91708 Phone: 562-318-4774 FAX: 909-627-1095 C-9 Docusign Envelope ID:ACFC8A26-23E1-4194-97AB-BFD191512B92 CITY OF LAKE ELSINORE CIP PROJECT NO. Z30010 ACKNOWLEDGMENT OF ADDENDA RECEIVED ATP CYCLE 4 MURRIETA CREEK MULTI-USE TRAIL PROJECT ATPL-5074(021) /CIP PROJECT NO. Z30010 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 Bi er, the Bid Proposal may be rejected. 06/17/2025 Bidder's Signature Date i James Culwell President Print Name Title C-10 Docusign Envelope ID:ACFC8A26-23E1-4194-97AB-BFD191512B92 CITY OF LAKE ELSINORE CIP PROJECT NO. Z30010 NON-COLLUSION AFFIDAVIT ATP CYCLE 4 MURRIETA CREEK MULTI-USE TRAIL PROJECT ATPL-5074(021) /CIP PROJECT NO. Z30010 STATE OF CALIFORNIA ) ) SS COUNTY OF San Bernardino ) (NAME) Jaynes Culwell affiant being first duly sworn, deposes and says: That he or she is President of (sole owner, partner or other proper title) Metrocell 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 sham Bid. (Public Contract Code Section 7106) Address: 16051 Crosswind Avenue, Chino, Ca 91708 Telephone No.: Print Name: Vletr cell nstr tion c. Signature: r Title: President Date: June 17, 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-11 Docusign Envelope ID:ACFC8A26-23E1-4194-97AB-BFD191512B92 r I CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT I State of California County of San Berrnardino On June 17, 2025 before me, Lisa Y. Serrano,Notary Public (Here insert name and title of the officer) personally appeared James Culwell l 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. LI$A YOLANDA SERRANO l *my Notary Public•California _ WITNE ha a official seal. _ San Bernardino County 9 Commission ar 2a96800 Comm.Expires Seer 1,2028 r (Notary Seal) Signature of N tary ubl ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any aclaron ledgareat completed in Carifon,ia inust contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be properly completed and attached to than document. The only exception is if a Non-Collusion Affidavit document is to be recorded oraside of Califorriia.hi such instances,anv altentative acknoirledgnrent verbiage as mvr be printed on such a docmntenu so long as lire t (Title or description of attached document) verbiage does not require the notary to do sontething than is illegal for a notary in City of Lake Elsinore Califontia fi.e. certifying fire authorized capacity of the signer). Please check the (Title or description of attached document continued) document carefully for proper notarial wording and attach ibis form if required. State and County information must be the State and County where the document Number of Pages 1 Document Date 06/17/25 • signer(s)personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signers)personally appeared which i _ must also be the same date the acknowledgment is completed. (Additional information) - The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title(notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. ❑ Individual(s) he/she/the}-is/ere)or circling the correct forms.Failure to correctly indicate this information may lead to rejection of document recording. ® Corporate Officer • The notary seal impression must be clear and photographically reproducible. President Impression must not cover text or lines.If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. ❑ Attorney-in-Fact Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. ❑ Other indicate title or type of attached document,number of pages and date Indicate the capacity claimed by the signer. if the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary) • Securely attach this document to the signed document I 2008 Version CAPA v12 10.07 800-873-9865 wtivw NotaryClasses.com Docusign Envelope ID:ACFC8A26-23E1-4194-97AB-BFD191512B92 CITY OF LAKE ELSINORE CIP PROJECT NO, Z30010 BOND NO. 11-757-175 BIDDER'S BOND ATP CYCLE 4 MURRIETA CREEK MULTI-USE TRAIL PROJECT ATPL-5074(021)/CIP PROJECT NO.Z30010 KNOW ALL MEN OR WOMEN BY THESE PRESENTS: That we Metrocell Construction, Inc. as PRINCIPAL, hereinafter referred to as "Contractor", and U.S. Specialty Insurance Company, 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 10% of the Amount Bid in Dollars {I 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-12 Docusign Envelope ID:ACFC8A26-23E1-4194-97AB-BFD191512B92 CITY OF LAKE ELSINORE CIP PROJECT NO. Z30010 BOND NO. 11-757-175 KIDDER'S BOND SIGNATURE PAGE ATP CYCLE 4 MURRIETA CREEK MULTI-USE TRAIL PROJECT ATPL-5074(021)/ CIP PROJECT NO. Z30010 IN WITNESS WHEREOF, we have hereunto set our hands and seals on this 17'h day of June 2025 BIDDER: CORPORATE SURETY: Contractor Name: Metrocell Construction, Inc. Company Name: U.S. Specialty Insurance Company Address: 16051 Crosswind Avenue Address: 801 South Figueroa Street#700 Chino, CA 91708 Los Angeles, CA 90017 Telephone No.: Telephone No.: Signature: Signature: Print Name: JGf m es (11 we.ft Print Name: Blake A. Pfister Title: If-eJ 1 cf e I'1 r Title: Attorney-in-Fact Date: June 17, 2025 Date: June 17, 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-13 Docusign Envelope ID:ACFC8A26-23E1-4194-97AB-BFD191512B92 CALIFORNIA 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 l County of Orange J} On June 9, 2025 before me, L. Nahina Pfister, Notary Public Date Here Insert Name and Title of the Officer personally appeared Blake A. Pfister 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 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. L. NAHINA PFISTER WITNESS my hand and official seal. Notary Public-California Orange County Commission#2479518 r My Comm.Expires Jan. 13,2028 Signatur Place Notary Seal and/or Stamp Above Signature of Not is OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to on unintended document Description of Attached Document Title or Type of Document: Bid Bond 1 1 —757-1 75 Document Date: June 17, 2025 Number of Pages: 2 Signer(s)Other Than Named Above: N/A, None Capacity(ies) Claimed by Signer(s) Signer's Name: Blake A. Pfister Signer's Name: ----- ❑Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Partner— ❑ Limited ❑ General ❑ Individual a Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee. ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other. Signer is Representing:U.S. Specialty Signer is Representing: Insurance Company 02019 National Notary Association Docusign Envelope ID:ACIF C 8A2 6-2 3 E 1-4194-9 7A B-B F D 191512 B 92 6" 21 t6kiOrMARINE ", ,N�l H C C ATTORNEY A AmtkCAN INDEMNITY BONDING dQ0MP 14'' CONT COMPANY. TEAS UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY NY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding f Company, an assumed riam6 of'Amenican Qo'n'tradtort Indemnity i i ' compady','Uni ted States'Surety Con_ p Mayland";corporatio"n-, -gnd =Specialty Insurance Comparv. a Texas;co�pdt ti6n'(cofl6QtiveIy, th&�C Companies ) 'p by the jp k Constitute and appoint: ".6, 3 ........appoint: Blake A.Pfister of Mission Viejo,California its true,and I - � each '''in": separate y lf-,m"ov than one is named ed above QwM flanc autboiW hereby conferredinfts name, 016c6and stead;foeXecu e,ickibwledgetrd deiverany anda11 boi .a- K-r 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— Tier;d Attorney4*gninted ;d'by authority 4hat�expjtewitlhoutAarth&acti6h,,on Jari�uary 3 of the,tollowing his,Power of,,Affbrn U iop adopt the 8p4dt.,of'Diro of the Cdinpo t p e A b y , hereby'Be it Resolved,that the President,any Vice-President,any'Assi§tAnt Vice-PresideInt,any sez�-,deta fy�or Assistlrit S&ref Nj shall` "and is lhby" ' vested with fu;; powet and auiboiiiy to appui;it anyone or murep suitable persoris as Aftorney(s)-in-Facti to represent�.T-id act Ilpr and on bahalf of the Company subject to�the following,prpvisions: 6161. Kw me of and on behalf the C,660 qkqow edgeAnd deliver,aq,."- dAn t6 a -any,to ek Afidiney-in-Fact'my 6e,givenfullpaver and qut6odt�Jor4n­ ud!qq!',a any 3'�N underta�ng'%,'ircl all conserits�, eem de '6y,6blig6lofy '! , " agr"�J nd other bonds roc6g6i7a6 p6s�,`contacts, ehti�`or� 7 0 'for the release of retained[" percentages andibr'-Rrial`esfiffiailes­n engineering and'c6nst'O'U'C"U'on""ic:onleacts,and'arfy any-arid a-'W`n6ticeQs' and documents canceling or terminating the Company's liability thereunder,and any such instruments so executed by any such Attomey-in-Fact shall be binding upon the,Company as If signed by the President and sealed and e,ffected,,,,by the Corporate Secretary. eert=Resolved that the signi3ture p any auth6hzid,bffider and seW'of theCompany heretofore or"'horeafter af,riXed-16.an -p 6Wero ttorney or any -y_ 110 signature or faitsimile-.peat I:b 00i er otafto�np,�.or,ti.ertificat6�o.eoringf,�Adsin) stf61 e-,, (10 and binding :3- 66ftificate relatind3,thereto lb�Jaqsirnile,and aqy_66* poil the Company with respect o any 6, h" bond or"b", q,td'vvhic'h(fis attached.'"" a IN WITNESS WHEREOFJhe Companies have causgd this instrument to be signed and their corporate seals to be hereto affixed, this of February 624,,` "0 AM RICAN C Rb -Y C.04F,61�11TRACT tMNIT ?ANY TEXAS y 0" 0 1 N�CT14 N,�3 �3, 5 'SURETY COMPANY,'3" ANY,UNfTEb­­'A"'T',"Ei . .......... 7 6- 0" .. .111, BONDING COMP o�- -`6- U.S.SPEC LTY INSURANCE COMPANY r z 0 N 9�.PT 25 I-OU"j< �-V 3 Q, 777, e Daniel P.ftd. ht W" 0 W.1100", - A NotaryPublic or other officer completing this certificate verifies only the identity of the individual who signed the document to which -n e truthfulness,th �2u raqy:�,..or validity,of that clocument:- ot th ached? and, 116- -N tatq��0 S f California d, County of Los Angeles 0 Is' d4- rbbrua before,me, D Little eld a;notary public personally appeared DahieV.P.- Aguilar, �V-Jpe President of; _Y'of"t 41 nsL ran,ce= n -,'ftJ`h'it64 15"tato�� Wdty Company an Specialty I Y'll,".., ....... ...... mpah-Texas Arindhican Contractorsrnpa o me o' 6 Nrsd6,,Wh6k'hame is 't" n- 'ce 'th ' who o"'proved 4 to be' be 6-thJ "'within instrOftlie Company 8 t" h t1i"Le" basis&Fskisfadtdi e�W& ,n mort'he person. and ack,-.owledged to fn,�tllhathe,execu%ed the samne ir. his autholnized capa--'ty, t�nt bi�,is signature cn the zt-,� 3- -which the person,acted,executed the instrument. or the entity upon of :Y t 0 q a foregoing Is,,ruearid:correct. PERJURY u66k't*I' f the State of California a that i' e 'NA w 0 LV,6F R 00 01 going pafpqTqp :co unde'r'PIE" WITNESS my hand and Offil seal D.Ummb Om PUbk--CAOOOW-�' ExWft JaA)Svinature,��,,',',',�.�, 3, 1, Kio Lo, Assistant Secretary of American Contractors Indemnity Company, Texas Bonding Company, United States Surety 'at t y Insurance Company; o'- ereb f d.correct copy of a Power Company a cl-h' y'6�rtify that the above and foregoing ing is a� injppri, 'h of Attorney, executed by said,,,Compa n ies�,,,0*hiCh',,`Js'�still�,4 full force and effect Uit d1rift',the resolutionsAl`the�.- Directors ,c c s o Aft" et 6t in the Power'of orney ar-in full for and effect. .3 ..... lrj,:Witoess Whereof, I,have hereunto set.my hand and affixed the seals of saidCompanies at'.Los Angplps, California t,lhlis-, 2025 qy�1,4-tll d 'of, 4 e ... ....... 11 75 7'-1 1 7 Bond No. 1" 7-1 -atary Kjo Lo, A&joant Seci Agency No. 3074 U*S*SPEC I��PA Mg. SMAN P 'visit tmhe"c.d6m/surety for r-ribre,inf6miatidn t 7: Docusign Envelope ID:ACFC8A26-23E1-4194-97AB-BFD191512B92 CALIFORNIA ALL-PURPOSE 1 I� CERTIFICATE OF ACKNOWLEDGMENT I State of California County of San Berrnardino i i On June 17,2025 before me, Lisa Y. Serrano,Notary Public i (Here insert name and title of the officer) personally appeared James Culwell j i i 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. i ,y LISA YOtA14DA SERRANO WITNESS nd official seal. Notary BernaPublicrdino n County � � � ti = San Bernardino County Commission t 2496800 My Comm.Expires Sep t,2028 i (Notary Seal) Signature=blo ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Arty ackrtoo•ledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notaq-section or a separate acknowledgment form must be pi operl),completed and attached to that document. The only exception is if a Bid Bond document is to be recorded outside of California.In such imsi auces.any alternative (Title or description of attached document) acknowledgment verbiage as ma}-be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in City of Lake Elsinore California(i.e. certifying the authorized capacity of the signer). Please check the ("title or description of attached document continued) document carefully for proper notariallrording and atach this form if required. Number of Pages 2 Document Date 06/17/25 • State and County information must be the State and County where the document signer(s)personally appeared before the notary public for acknowledgment. • Date or notarization must be the date that the signer(s)personally appeared which must also be the same date the acknowledgment is completed. (Additional information) • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title(notary public). • Print the name(s)of document signers)who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. El individual(S) he/shek�ey-is lure)or circling the correct forms.Failure to correctly indicate this infommation may lead to rejection of document recording. ® Corporate Officer • The notary seal impression must be clear and photographically reproducible. President Impression must not cover text or lines.if seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. ❑ Attorney-in-Fact Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. ❑ Other Indicate title or type of attached document,number of pages and date. • Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). • Securely attach this document to the signed document 2008 Version CAPA vl2.10.07 800-873-9865 www.NotaryClasscs.com Docusign Envelope ID:ACFC8A26-23E1-4194-97AB-BFD191512B92 CITY OF LAKE ELSINORE CIP PROJECT NO. Z30010 LIST OF SUBCONTRACTORS ATP CYCLE 4 MURRIETA CREEK MULTI-USE TRAIL PROJECT ATPL-5074(021) /CIP PROJECT NO. Z30010 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: kGrdy 4 Aay-%p �, /rI6. License Number: Z S S Z Address of Office, Mill or Shop: 37, Rq nch 6 �irr, find Specific Description of Sub-Contract: and Bid Items of Work: Cel4mill , flof A Aspha lY Name Under Which Subcontractor is Licensed: �C100�N LL$Vl�� S urVe�!/ (1G( 16 c . License Number: Address of Office, Mill or Shop: 190,6 grange 1rte• Lgne ,Sfe- Lt/O , le2t(lahcjr� � C�37`l Specific Description of Sub-Contract: and Bid Items of Work 4 — Euryeulng Name Under Which Subcontractor is Licensed: rli,�ieriCa h 6droS-eed L� License Number: 0 9/!o 4 Address of Office, Mill or Shop: '{I es& /0 9 I M 14M e-h , C4 9 zSb Specific Description of Sub-Contract: and Bid Items of Work: fivdreseeel Name Under Which Subcontractor is Licensed: tl�t(�'V�l% ��fip�' t CD VI-fro ViT loc. License Number: '] 0 b L/4 Address of Office, Mill or Shop: &L/ Glvhq Cl p ress-, Ca qp 630 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-14 Docusign Envelope ID:ACFC8A26-23E1-4194-97AB-BFD191512B92 CITY OF LAKE ELSINORE CIP PROJECT NO. Z30010 LIST OF SUBCONTRACTORS ATP CYCLE 4 MURRIETA CREEK MULTI-USE TRAIL PROJECT ATPL-5074(021) /CIP PROJECT NO. Z30010 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: CG �Sfr���'', �h G. License Number: r ,�s 3 S'7 Address of Office, Mill or Shop: 20L'0 Cc,sf si-ee/ Road, Co /fLN G�_ 4Z32 ' Specific Description of Sub-Contract: and Bid Items of Work: cy a s'tcfi?ucj e 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: Name Under Which Subcontractor is XLinsed: License Number: Address of Office, Mill or Shop: Specific Description of Sub-Cc� tract: 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-14 Docusign Envelope ID:ACFC8A26-23E1-4194-97AB-BFD191512B92 CITY OF LAKE ELSINORE CIP PROJECT NO. Z30010 REFERENCES ATP CYCLE 4 MURRIETA CREEK MULTI-USE TRAIL PROJECT ATPL-5074(021) /CIP PROJECT NO. Z30010 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 two (2)years, provide the following required information: 1. Name (Firm/Agency) City of Redlands Address 35 Cajon Street, Ste 222, Redlands, Ca 92373 Project Title Regional Connector(South) Project i Project Location Redlands, Ca Type of Work Construction of Bike Trail Project Manager Contact Veronica Medina Phone 909-798-7584 x6 1 Dated Completed 06/06/2025 Contract Amount 2. Name (Firm/Agency) City of Redlands Address 35 Cajon Street, Ste 222, Redlands, Ca 92373 Project Title Community Park Sports Lighting Project Location Community Park, Redlands, Ca Installation of sports lighting poles, lights, power Type of Work p 9 9 P 9 ; Project Manager Contact Kathleen Giorgianni Phone 909-798-7655 x4146 Dated Completed 02/28/2025 Contract Amount 576,469.26 I 3. Name (Firm/Agency) City of NorcoI Address 2870 Clark Avenue, Norco, Ca 92860 Project Title Moreno Arena Bleacher Support Pad Replacement Project Location Moreno Arena, Norco Type of Work Demolition and construction of bleacher support pad Project Manager Contact Amanda Hamilton Phone 951-270-5633 Dated Completed 1112024 Contract Amount 265,900.00 C-15 Docusign Envelope ID:ACFC8A26-23E1-4194-97AB-BFD191512B92 CITY OF LAKE ELSINORE CIP PROJECT NO. Z30010 List any other projects(private, older than three(3)years, etc.)that may represent qualifying or similar experience: 4. Name (Firm/Agency) City of Chino Address 13220 Central Avenue, Chino, Ca 91710 Project Title Masonry Block Wall Project @ Chino PD Project Location Chino Police Department Type of Work Construction of Block Wall i Project Manager Contact Antony Flores Phone 562-547-8555 I 02/2023 861,228.00 Dated Completed Contract Amount 1 5. Name (Firm/Agency) LA-RICS Address 2525 Corporate Place, Monterey Park, Ca 91754 Project Title MCI - LARICS-LMR-01 Project Location Avalon, Ca Type of Work Cell Tower Construction Project Manager Contact Eric Steinberger Phone 949-433-6552 Dated Completed 12/2023 Contract Amount 1,117,140.73 6. Name (Firm/Agency) City of Chino Address 13220 Central Avenue, Chino, Ca 91710 Project Title Kimball Avenue Left Turn Pocket Project l Project Location Kimball Avenue, Chino, Ca 91708 Left Turn Pockets and Center Divider j Type of Work Project Manager Contact Anthony Flores phone 562-547-8555 10/2024 250,400.00 Dated Completed Contract Amount C-16 Docusign Envelope ID:ACFC8A26-23E1-4194-97AB-BFD191512B92 CITY OF LAKE ELSINORE CIP PROJECT NO. Z30010 CONTRACTOR HHORMATION ATP CYCLE 4 MURRIETA CREEK MULTI-USE TRAIL. PROJECT ATPL-5074(021)/CIP PROJECT NO. Z30010 Contractor's License No.: 829469 Class: A,B,C10,HAZ a. Date first obtained: 05/2004 Expiration 05/31/2026 b. Has Bidder's License ever been suspended or revoked? No If yes, describe when and why: n/a c. Any current claims against License or Bond? No If yes, describe claims: n/a Principals in Company (List all—attach additional sheets if necessary): i NAME TITLE LICENSE NO. (if Applicable) James Culwell President 829469 Christine Culwell Secretary n/a I i 9 C-17 Docusign Envelope ID:ACFC8A26-23E1-4194-97AB-BFD191512B92 CITY OF LAKE ELSINORE CIP PROJECT NO. Z30010 VIOLATIONS OF FEDERAL. STATE OR LOCAL LAWS ATP CYCLE 4 MURRIETA CREEK MULTI-USE TRAIL PROJECT ATPL-5074(021) /CIP PROJECT NO. Z30010 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/® (circle one) Federal /State/ Local (circle one) i If"YES," identify and describe, (including agency and status): Na z I Have the penalties been paid? YES/ NO (circle one) n/a 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? YES /0 (circle one) Code/Laws: n/a Section/Article: n/a i If"yes," identify and describe, (including agency and status): n/a I 3. Has Bidder been "default terminated" by an owner(other than for convenience), or has 'I a Surety completed a contract for Bidder within the last five (5)years? YES lQ (circle one) If"yes," please explain: n/a i F{ 4. Has Bidder been cited more than twice for failure to pay prevailing wages in the last € five (5) ears? YES/ D (circle one) If"yes," please explain: n/a Docusign Envelope ID:ACFC8A26-23E1-4194-97AB-BFD191512B92 CITY OF LAKE ELSINORE CIP PROJECT NO. Z30010 Notes: Providing false information may result in criminal prosecution or administrative sanctions. The above certifi i n is part of the Proposal. Signing this Proposal on the signature portion there shall Is onstitute signature of this Certification. June 17, 2025 Sign re Date J es Culwell President Print Name Title Metrocell Construction, Inc. Contractor Name Docusign Envelope ID:ACFC8A26-23E1-4194-97AB-BFD191512B92 CITY OF LAKE ELSINORE CIP PROJECT NO. Z30010 DISQUALIFICATION OR DEBARMENT ATP CYCLE 4 MURRIETA CREEK MULTI-USE TRAIL PROJECT ATPL-5074(021) /CIP PROJECT NO. Z30010 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 / 0 (circle one) If yes, provide the following information (if more than once, use separate sheets): Date: n/a Entity: n/a Location: n/a Reason: n/a Provide Status and any Supplemental Statement: n/a Has your firm been reinstated by this entity? YES/ NO (circle one) n/a Notes: Providing false information may result in criminal prosecution or administrative sanctions. The above certific is part of the Proposal. Signing this Proposal on the signature portion thereof all also stitute signature of this Certification. June 17, 2025 Signatur Date James Culwell President Print Name Title Metrocell Construction, Inc. Contractor Name If the Bidder fails to properly sign or omits the required signature, the bid will be considered non-responsive and will be rejected. Docusign Envelope ID:ACFC8A26-23E1-4194-97AB-BFD191512B92 CITY OF LAKE ELSINORE CIP PROJECT NO. Z30010 UTILITY AGREEMENT ATP CYCLE 4 MURRIETA CREEK MULTI-USE TRAIL PROJECT ATPL-5074(021) / CIP PROJECT NO. Z30010 HONORABLE MAYOR AND CITY COUNCIL CITY OF LAKE ELSINORE, CALIFORNIA The undersigned hereby promises and agrees that in the performance of the work specified in this contract for City Project No. Z30010,ATP CYCLE 4 MURRIETA CREEK MULTI-USE TRAIL PROJECT, (1) (we)(it)will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary, primary or transmission facilities. The term "Qualified person" is defined in Title 8, California Administrative code, Section 2700, as follows: Qualified Person: A person who by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved." The undersigned also promises and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal-OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontract with the requirements contained herein. Si�Culwell ture By:Jams Name President Title Metrocell Construction, Inc. Contractor Name Docusign Envelope ID:ACFC8A26-23E1-4194-97AB-BFD191512B92 CITY OF LAKE ELSINORE CIP PROJECT NO. Z30010 PUBLIC CONTRACT CODE ATP CYCLE 4 MURRIETA CREEK MULTI-USE TRAIL PROJECT ATPL-5074(021) /CIP PROJECT NO. Z30010 Public Contract Code Section 10285.1 Statement In accordance with Public Contract Code Section 10285.1 (Chapter 376, State. 1985), the bidder hereby declares under penalty of perjury under the laws of the State of California that the bidder has , has not X been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1. Note: The bidder must place a check mark after "has" or "has not" in one of the blank spaces provided. The above Statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. Public Contract Code Section 10162 Questionnaire In accordance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire: Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation: Yes No X If the answer is yes, explain the circumstances in the following space. Public Contract Code 10232 Statement In accordance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediate preceding two-year period because of the Contractor's failure to comply with an order of federal court which orders the Contractor to comply with an order of the National Labor Relations Board. Note: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire. Bidders are c on d t t making a false certification may subject the certifier to criminal prosecution June 17, 2025 Signatyr`e Date James Culwell President Print Name Title Metrocell Construction, Inc. Contractor Name Docusign Envelope ID:ACFC8A26-23E1-4194-97AB-BFD191512B92 CITY OF LAKE ELSINORE CIP PROJECT NO. Z30010 BOND NO. 11-757-175 BIDDER'S BOND ATP CYCLE 4 MURRIETA CREEK MULTI-USE TRAIL PROJECT ATPL-5074(021) /CIP PROJECT NO. Z30010 KNOW ALL MEN OR WOMEN BY THESE PRESENTS: That we Metrocell Construction, Inc. as PRINCIPAL, hereinafter referred to as "Contractor", and U.S. Specialty Insurance Company, 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 (10%) of the Amount Bid in Dollars . 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-12 Docusign Envelope ID:ACFC8A26-23E1-4194-97AB-BFD191512B92 CITY OF LAKE ELSINORE CIP PROJECT NO. Z30010 BOND NO. 11-757-175 BIDDER'S BOND SIGNATURE PAGE ATP CYCLE 4 MURRIETA CREEK MULTI-USE TRAIL PROJECT ATPL-5074(021)/CIP PROJECT NO. Z30010 IN WITNESS WHEREOF, we have hereunto set our hands and seals on this 1711 day of June 2025 BIDDER: CORPORATE SURETY: Contractor Name: Metrocell Construction, Inc. Company Name: U.S. Specialty Insurance Company Address: Address: 801 South Figueroa Street#700 Los Angeles, CA 90017 Telephone No.: Telephone No.: Signature: Si 9 / Signature: Print Name: ✓Gt rues Ctic 1 ivy(I Print Name: Blake A. Pfister Title: ( r 1.S 14 to yl'' Title: Attorney-in-Fact Date: June 17, 2025 Date: June 17, 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-13 Docusign Envelope ID:ACFC8A26-23E1-4194-97AB-BFD191512B92 CALIFORNIA 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 1 County of Orancte J} On June 9, 2025 before me, L. Nahina Pfister, Notary Public Date Here Insert Name and Title of the Officer personally appeared Blake A. Pfister Names)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 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. �.� L. NAHINA PFISTE WITNESS my hand and official seal. Notary Public-California y N , Orange County s Commission#2479518 My Comm.Expires Jan. 13,2028 -� Place Notary Seal and/or Stamp Above Signature of Not lic 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: Bid Bond 1 1 —757-1 75 Document Date: June 17, 2025 Number of Pages: 2 Signer(s) Other Than Named Above: N/A, None Capacity(ies) Claimed by Signer(s) Signer's Name: Blake A. Pfister Signer's Name: ----- ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Partner— ❑ Limited ❑ General ❑ Individual (a Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee. ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer is Representing:U. S. Specialty Signer is Representing: Insurance Company 02019 National Notary Association Docusign Envelope ID:ACFC8A26-23E1-4194-97AB-BFD191512B92 TOKIOMARINE H C C 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: Blake A. Pfister of Mission Viejo, 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— ). This Power of Attorney shall expire without further action on January 31 It 2028.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 wfth fuii Sower and authority to appoint any one or more suitable persons a—.fi;;omey(s)-ir-Fact:c7epmesent and act`ar arid 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 and/or 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 Attomey-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 1It day of,February 2024. „11rr1r,1'rrrr,, per p�N sup"' o`` msur r AMERICAN CONTRACTORS INDEMNITY COMPANY,TEXAS c" <P......_ sr„y '� ` .......F�''. �cl,........an�s rG6,a, �o, °00N•• C°.C�., Pq��'_ .. ram,, ;�s.: ,, BONDING COMPANY,UNITED STATES SURETY COMPANY, C'` I o= U.S.SPECIALTY INSURANCE COMPANY _Ur RlCv�FOM'ED i-1'_W ';Z_-CI:///�Il/ �: `IIII ;_.tn: A .p, SEPT.75 1930 i�i;Y'., :='t; Y�. �°ice' '� if :'a may: �'T•9�„ �Q.,, ;,�'.......,..•.��,,` ••... .::• Daniel P.Aguilar,Vice President P`00" 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 this 1st day of February 2024, before me, D. Littlefield, 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 d ' that' authorized oit nid his signature nn h ;not. es the person, and BCk�Owiedge iO retie trlaa�l8 executed ihE Sarile in, iliS alJtnVri:.e,. Ccpa...isy, a,.;.that by 1I Slgnit r,the .• 'CE:nc.1:.� � rs..r n, 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 I seal. D.LrrrunuD La A"N"CaNausty Signature (seal) Camm4slm♦2.nSn 0.,Co=.EVtras Jan 3t.2020 I, Kio Lo, Assistant Secretary of 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 1 Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this 77 hh day of June 2025 w.,,, °OtlpCTO °"„ ` Bond No. 11 —757-1 75 ''°<R,..._ R4� ;.,`oN ,.P�"e ..Ff`, �...:........�� 01 o `` k Kio Lo, A i ant Secrets Agency No. 3074 'jI, .co4=oenEo = x; ry E! SEPT.25,, iK?1-W: Z,- N ;9= N; rb. A0.9W s., 5 . OF-is .... ... r'k. HCCSMANPOA022024 ' ... ""r.rru ''...,,r............... visit tmhcc.com/surety for more information Docusign Envelope ID:ACFC8A26-23E1-4194-97AB-BFD191512B92 CALIFORNIA ALL-PURPOSE i CERTIFICATE OF ACKNOWLEDGMENT { State of California County of San Berrnardino on June 17, 2025 before me, Lisa Y. Serrano,Notary Public (Here insert[tame and title of the olllcer) personally appeared James Culwell 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. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. �, LISA YOLA14DA SERRANO WITNESS y nd official seal. Notary Public California San Bernardino County Commission d 2496800 �i,ro•"�* My Comm.Expires Sep 1,2C2E j (Notar% Seal. Signature fNotary• ubl I i{ ADDITIONAL OPTIONAL INFORMATION I INSTRUCTIONS FOR COMPLETING THiS FORM I Any acknowledgment completed in Califonda must contain verbiage exacrh• as f DESCRIPTION OF THE ATi ACI IL D DOCt CIF.\'F appears abore in the notan.section or a separate acknouledgment fernn must be ` properly completed and arracited to that document The only exception is if a Bid Bond drx•tmrent is to be recorded outside of Califonria.In such instances.any altertrative --- — acknawledgnrent rerbiage as mat•be printed air such a document so long as the (Title or description of attached document) verbiage does not require the notary to do something drat is illegal for a notars.y m City of Lake Elsinore California li.e. cenif}ing the authorized capacity of the signer). Please check the iTitle or description of attached document continued) chwuntent carefnOr for proper notarial wording and attach dris form if required. 2 06/17/25 - State and County information must be the State and County where the document Number of Pages Document Date signer(s)personally appeared before the notary public for acknowledgment ! - Date of notarization must be the date that the signer(s)personally appeared which must also be the same date the acknowledgment is completed. (Additional information) - The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title(notary public) - Print the names)of document signer(s)who personally appear at the time of notarization CAPACITY CLAIMED BY THE SIGNER - Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. ❑ individual(s) he/she/they-is/ere)or circling the correct forms Failure to correctly indicate this information may lead to rejection of document recording. ® Corporate Officer - The notary seal impression must be clear and photographically reproducible President Impression must not cover text or lines. If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. ❑ Partner(s) - Signature of the notary public must match the signature on file with the office of the county clerk. ❑ Attorney-in-Fact 4 Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document ❑ Other 4 Indicate title or type of attached document,number of pages and date -—-- 4, Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). - Securely attach this document to the signed document _lX)8VcrstonCAPAvl2.10.07800-873-9865 tw-%vw.Notary•Classes.com