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HomeMy WebLinkAboutAneen Construction CSA Annual Curb, Gutter, & Sidewalk Repair Program CIP Z10067 05-27-2025 Docusign Envelope ID:36A98531-02F9-4014-9E65-7BD3B7DE5EE8 AGREEMENT FOR CONTRACTOR SERVICES Aneen Construction, Inc. Annual Curb, Gutter & Sidewalk Repair Program (CIP Project#Z10067) This Agreement for Contractor Services (the "Agreement") is made and entered into as of May 27, 2025, by and between the City of Lake Elsinore, a municipal corporation ("City") and Aneen Construction, Inc., a Corporation ("Contractor"). RECITALS A. The City has determined that it requires the following Contractor services: Annual Curb, Gutter&Sidewalk Repair Program (CIP Project#Z10067) B. Contractor has submitted to City a proposal, dated April 30, 2025, attached hereto as Exhibit A ("Contractor's Proposal") and incorporated herein, to provide contractor services to City pursuant to the terms of this Agreement. C. Contractor possesses the skill, experience, ability, background, certification and knowledge to perform the services described in this Agreement on the terms and conditions described herein. D. City desires to retain Contractor to perform the services as provided herein and Contractor desires to provide such contractor services as set forth in this Agreement. AGREEMENT 1. Scope of Services. Contractor shall perform the services described in Contractor's Proposal (Exhibit A). Contractor shall provide such services at the time, place, and in the manner specified in Contractor's Proposal, subject to the direction of the City through its staff that it may provide from time to time. 2. Time of Performance. a. Time of Essence. Time is of the essence in the performance of this Agreement. The time for completion of the contractor services to be performed by Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the contractor services contemplated pursuant to this Agreement according to the agreed upon performance schedule in Contractor's Proposal (Exhibit A). b. Performance Schedule. Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the Contractor's Proposal (Exhibit A). When requested by Contractor, extensions to the time period(s) specified may be approved in writing by the City Manager. C. Term and Compliance with Task/Work Order System. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall continue in full force Pagel Docusign Envelope ID:36A98531-02F9-4014-9E65-7BD3B7DE5EE8 and effect for a period commencing on July 1, 2025 and ending June 30, 2028. The City may, at its sole discretion, extend the term of this Agreement on a 12-month basis not to exceed 2 additional twelve (12) month renewal terms by giving written notice thereof to Contractor not less than thirty (30) days before the end of the contract term, such notice to be exercised by the City Manager. Contractor hereby agrees and acknowledges that any and all work or services performed pursuant to this Agreement shall be based upon the issuance of a Task/Work Order by the City. Contractor acknowledges that it is not guaranteed any minimum or specific amount of work or services as all work or services shall be authorized through a Task/Work Order issued by the City. 3. Compensation. Compensation to be paid to Contractor shall be in accordance with the fees set forth in Contractor's Proposal (Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Contractor's annual compensation exceed Eight Hundred Thousand Dollars ($800,000.00) without additional written authorization from the City. Notwithstanding any provision of Contractor's Proposal to the contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment. 4. Method of Payment. Contractor shall promptly submit billings to the City describing the services and related work performed during the preceding month to the extent that such services and related work were performed. Contractor's bills shall be segregated by project task, if applicable, such that the City receives a separate accounting for work done on each individual task for which Contractor provides services. Contractor's bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Contractor no later than forty-five (45) days after receipt of the monthly invoice by City staff. 5. Background Checks. At any time during the term of this Agreement, the City reserves the right to make an independent investigation into the background of Contractor's personnel who perform work required by this Agreement, including but not limited to their references, character, address history, past employment, education, social security number validation, and criminal or police records, for the purpose of confirming that such personnel are lawfully employed, qualified to provide the subject service or pose a risk to the safety of persons or property in and around the vicinity of where the services will be rendered or City Hall. If the City makes a reasonable determination that any of Contractor's prospective or then current personnel is deemed objectionable, then the City may notify Contractor of the same. Contractor shall not use that personnel to perform work required by this Agreement, and if necessary, shall replace him or her with a suitable worker. 6. Suspension or Termination. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10)days prior written notice. Upon receipt of such notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. Page 2 Docusign Envelope ID:36A98531-02F9-4014-9E65-7BD3B7DE5EE8 b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City, pursuant to Section entitled "Method of Payment" herein. 7. Plans, Studies, Documents. a. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Contractor, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notepad internal documents, shall become the property of the City upon payment to Contractor for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Contractor or to any other party. Contractor shall, at Contractor's expense, provide such reports, plans, studies, documents and other writings to City upon written request. City shall have sole determination of the public's rights to documents under the Public Records Act, and any third- party requests of Contractor shall be immediately referred to City, without any other actions by Contractor. b. Licensing of Intellectual Property. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require that all subcontractors agree in writing that City is granted a nonexclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Contractor or provided to Contractor by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. C. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents& Data either created by or provided to Contractor in connection with the performance of this Agreement shall be held confidential by Contractor. Such materials shall not, without the prior written consent of City, be used by Contractor for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Contractor which is otherwise known to Contractor or is generally known, or has become known, to the related industry shall be deemed confidential. Contractor shall not use City's name or insignia, photographs relating to project for which Contractor's services are rendered, or any publicity pertaining to the Contractor's services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. Page 3 Docusign Envelope ID:36A98531-02F9-4014-9E65-7BD3B7DE5EE8 8. Contractor's Books and Records. a. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor to this Agreement. b. Contractor shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. C. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Contractor's address indicated for receipt of notices in this Agreement. d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Contractor's business, City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Contractor, Contractor's representatives, or Contractor's successor-in-interest. 9. Independent Contractor. a. Contractor is and shall at all times remain as to the City a wholly independent contractor pursuant to California Labor Code Section 3353. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents, except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation, or liability whatsoever against City, or bind City in any manner. b. Notwithstanding any other federal, state and local laws, codes, ordinances and regulations to the contrary and except for the fees paid to Contractor as provided in the Agreement, Contractor and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits. 10. PERS Eligibility Indemnification. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS)to be eligible for enrollment in PERS as an employee of the City, Contractor shall Page 4 Docusign Envelope ID:36A98531-02F9-4014-9E65-7BD3B7DE5EE8 indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. 11. Interests of Contractor. Contractor (including principals, associates and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Contractor's services hereunder. Contractor further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement. Contractor is not a designated employee within the meaning of the Political Reform Act because Contractor: a. will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and b. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).) 12. Professional Ability of Contractor. City has relied upon the professional training and ability of Contractor to perform the services hereunder as a material inducement to enter into this Agreement. Contractor shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement. All work performed by Contractor under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Contractor's field of expertise. 13. Compliance with Laws. a. Contractor shall comply with all local, state and federal laws and regulations applicable to the services required hereunder, including any rule, regulation or bylaw governing the conduct or performance of Contractor and/or its employees, officers, or board members. b. Contractor represents that it has obtained and will maintain at all times during the term of this Agreement all professional and/or business licenses, certifications and/or permits necessary for performing the services described in this Agreement, including a City business license. 14. Licenses. Contractor represents and warrants to City that it has the licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Contractor to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Contractor to practice its profession. Contractor shall maintain a City of Lake Elsinore business license. Page 5 Docusign Envelope ID:36A98531-02F9-4014-9E65-7BD3B7DE5EE8 15. Indemnity. Contractor shall indemnify, defend, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Contractor or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Contractor shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises from the sole negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2)the actions of Contractor or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Contractor from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Contractor acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. 16. Insurance Requirements. a. Insurance. Contractor, at Contractor's own cost and expense, shall procure and maintain, for the duration of the contract, unless modified by the City's Risk Manager, the following insurance policies. i. Workers' Compensation Coverage. Contractor shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non-renewal of all Workers' Compensation policies must be received by the City at least thirty (30)days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. In the event that Contractor is exempt from Worker's Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California, Contractor shall submit to the City a Certificate of Exemption from Workers Compensation Insurance in a form approved by the City Attorney. ii. General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 Page 6 Docusign Envelope ID:36A98531-02F9-4014-9E65-7BD3B7DE5EE8 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage. iii. Automobile Liability Coverage. Contractor shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000)combined single limit for each occurrence. Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 ("any auto"). No endorsement may be attached limiting the coverage. iv. Professional Liability Coverage. Contractor shall maintain professional errors and omissions liability insurance appropriate for Contractor's profession for protection against claims alleging negligent acts, errors or omissions which may arise from Contractor's services under this Agreement, whether such services are provided by the Contractor or by its employees, subcontractors, or sub Contractors. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single limit per occurrence basis. b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best's rating of no less than A:VI I and shall be endorsed with the following specific language: i. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the protection offered by all policies, except for Workers' Compensation, shall bear an endorsement whereby it is provided that, the City and its officers, employees, servants, volunteers and agents and independent contractors, including without limitation, the City Manager and City Attorney, are named as additional insureds. Additional insureds shall be entitled to the full benefit of all insurance policies in the same manner and to the same extent as any other insureds and there shall be no limitation to the benefits conferred upon them other than policy limits to coverages. ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers. Page 7 Docusign Envelope ID:36A98531-02F9-4014-9E65-7BD3B7DE5EE8 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. 17. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section. If to City: City of Lake Elsinore Attn: City Manager 130 South Main Street Lake Elsinore, CA 92530 With a copy to: City of Lake Elsinore Attn: City Clerk 130 South Main Street Lake Elsinore, CA 92530 If to Contractor: Aneen Construction, Inc. Attn: Tamer Khalil 9938 Magnolia Ave. Riverside, Ca. 92503 18. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Contractor and the subcontractors listed in Exhibit B. Contractor shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or obligations of the Contractor under this Agreement will be permitted only with the express consent of the City. Contractor shall not subcontract any portion of the work to be performed under this Agreement except as provided in Exhibit B without the written authorization of the City. If City consents to such subcontract, Contractor shall be fully responsible to City for all acts or omissions of those subcontractors. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law. 19. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement. Page 8 Docusign Envelope ID:36A98531-02F9-4014-9E65-7BD3B7DE5EE8 20. Litigation Expenses and Attorneys' Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys' fees. 21. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation. 22. Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 23. Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 24. Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Contractor agrees to fully comply with all applicable federal and state labor laws (including, without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in connection with the Work or Services provided pursuant to this Agreement, Contractor shall bear all risks of payment or non-payment of prevailing wages under California law, and Contractor hereby agrees to defend, indemnify, and hold the City, and its officials, officers, employees, agents, and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement. 25. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. Page 9 Docusign Envelope ID:36A98531-02F9-4014-9E65-7BD3B7DE5EE8 26. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside. 27. Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. The City Manager is authorized to enter into an amendment or otherwise take action on behalf of the City to make the following modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) non- monetary changes in the scope of services; and/or (d) suspend or terminate the Agreement. 28. Counterparts. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. 29. Entire Agreement; Incorporation; Conflict. This Agreement contains the entire understanding between the parties relating to the obligations described herein. All prior or contemporaneous understandings, agreements, representations and statements, oral or written, are superseded in total by this Agreement and shall be of no further force or effect. Contractor's Proposal is incorporated only for the description of the scope of services and/or the schedule of performance and no other terms and conditions from such proposal shall apply to this Agreement unless specifically agreed to in writing. In the event of conflict, this Agreement shall take precedence over those contained in the Contractor's Proposal. 30. Amendments. This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. [Signatures on next page] Page 10 Docusign Envelope ID:36A98531-02F9-4014-9E65-7BD3B7DE5EE8 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 Aneen Consruction, Inc., a Corporation corporation DocuSigned by: DocuSigned by: City Manager By: Tamer Khalil Its: President ATTEST: DocuSigned by: City Clerk APPROVED AS TO FORM: Signed by: City Attorney FsSigned by: Lu inht& t lt, Assistant City Manager Attachments: Exhibit A— Contractor's Proposal Exhibit B — List of Subcontractors Page 11 Docusign Envelope ID:36A98531-02F9-4014-9E65-7BD3B7DE5EE8 EXHIBIT A CONTRACTOR'S PROPOSAL [ATTACHED] EXHIBIT B Docusign Envelope ID:36A98531-02F9-4014-9E65-7BD3B7DE5EE8 CITY OF LAKE ELSINORE CIP Project No. Z10001 SECTION C BID SCHEDULE 1-47 B-8 Docusign Envelope ID:36A98531-02F9-4014-9E65-7BD3B7DE5EE8 CITY OF LAKE ELSINORE CIP Project No. Z10001 BIDDER'S PROPOSAL ANNUAL CURB, GUTTER & SIDEWALK REPAIR PROGRAM CIP PROJECT NO. Z10001 Company: Aneen Construction, Inc. Honorable Mayor, Members of the Council: In accordance with the Notice Inviting Bids pertaining to the receiving of electronic 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: BID SCHEDULE BASE BID: REMOVE AND REPLACE OF EXISTING 4" PCC SIDEWALK: ITEM NO. CODE DESCRIPTION OF ITEMS UNIT COST(FIGURES) 1 1-80 Sq. Ft. 20 Per Sq. Ft. 12 I I81-160 ISq. Ft. I20 IPer Sq. Ft. �13 I I161-240 ISq. Ft. I20 IPer Sq. Ft. I I I241-320 ISq. Ft. I20 IPer Sq. Ft. 15 I I321-400 ISq. Ft. 120 IPer Sq. Ft. 16 I I401-480 ISq. Ft. I20 IPer Sq. Ft. 17 I I481-560 ISq. Ft. I20 IPer Sq. Ft. 18 I I561-640 ISq. Ft. I20 IPer Sq. Ft. 19 I I641-720 ISq. Ft. I20 IPer Sq. Ft. I10 I I721 and Greater ISq. Ft. I20 IPer Sq. Ft. BASE BID: INSTALL 4" PCC SIDEWALK: ITEM NO. CODE DESCRIPTION OF ITEMS UNIT COST (FIGURES) 11 1-80 Sq. Ft. 18 Per Sq. Ft. I12 I I81-160 ISq. Ft. 118 IPer Sq. Ft. I13 I I161-240 ISq. Ft. 118 IPer Sq. Ft. I14 I I241-320 ISq. Ft. I18 IPer Sq. Ft. I15 I I321-400 ISq. Ft. I18 IPer Sq. Ft. I16 I I401-480 ISq. Ft. I18 IPer Sq. Ft. I17 I I481-560 ISq. Ft. I18 IPer Sq. Ft. I18 I I561-640 ISq. Ft. I18 IPer Sq. Ft. I19 I I641-720 ISq. Ft. I18 IPer Sq. Ft. Docusign Envelope ID:36A98531-02F9-4014-9E65-7BD3B7DE5EE8 I20 I I721 and Greater ISq, Ft. 118 IPer Sq. Ft. BASE BID: 6" REMOVE & REPLACE OF EXISTING PCC CURB & GUTER TYPE 6: ITEM NO. CODE DESCRIPTION OF ITEMS UNIT COST (FIGURES) 21 1-16 L.F. 48 Per L.F. 22 17-32 L.F. 48 Per L.F. 23 33-48 L.F. 48 Per L.F. 24 49-64 L.F. 48 Per L.F. 25 65-80 L.F. 48 Per L.F. 26 81-96 L.F. 48 Per L.F. 27 97-112 L.F. 48 Per L.F. 28 113-128 L.F. 48 Per L.F. 29 129-144 L.F. 48 Per L.F. 30 145 and Greater L.F. 48 Per L.F. BASE BID: 8" REMOVE & REPLACE TYPE 8 PCC CURB & GUTTER: ITEM NO. CODE DESCRIPTION OF ITEMS UNIT COST (FIGURES) 31 1-16 L.F. 50 Per L.F. I32 I I17-32 IL.F. 150 IPer L.F. I33 I I33-48 IL.F. 150 IPer L.F. I34 I I49-64 IL.F. I50 IPer L.F. I35 I I65-80 IL.F. 150 IPer L.F. I36 I I81-96 IL.F. 150 IPer L.F. I37 I I97 112 IL.F. I50 IPer L.F. I38 I I113-128 IL.F. 150 IPer L.F. I39 I I129-144 IL.F. 150 IPer L.F. rO I 1145 and Greater I L.F. 150 IPer L.F. C-10 Docusign Envelope ID:36A98531-02F9-4014-9E65-7BD3B7DE5EE8 BASE BID: INSTALL 6" PCC RESIDENTIAL DRIVE APPROACHES: ITEM NO. CODE DESCRIPTION OF ITEMS UNIT COST (FIGURES) 1 1-60 Sq. Ft. 20 Per Sq. Ft. r2 I 161-120 ISq. Ft. PO I Per Sq. Ft. r3 I 1121 and Greater I Sq. Ft. 120 IPer Sq. Ft. BASE BID: INSTALL 8" PCC COMMERCIAL DRIVE APPROACHES: ITEM NO. CODE DESCRIPTION OF ITEMS UNIT COST (FIGURES) 4 1-60 Sq. Ft. 25 Per Sq. Ft. I45 I 161-120 ISq. Ft. 125 IPer Sq. Ft. r6 I 1121 and Greater ISq. Ft. I25 IPer Sq. Ft. BONDS: ITEM NO. CODE DESCRIPTION OF ITEMS UNIT TOTAL COST 7 Labor, Materials and Performance LS 20 Bonds C-11 Docusign Envelope ID:36A98531-02F9-4014-9E65-7BD3B7DE5EE8 CITY OF LAKE ELSINORE CIP Project No. Z10001 TOTAL BID PRICE: TOTAL BID PRICE BASED ON BID SCHEDULE TOTAL OF UNIT PRICES FOR ANNUAL CURB, GUTTER & SIDEWALK REPAIR PROGRAM $1,515.00 Total Bid Price in Numbers $One thousend five hundred fifteen dollars Total Bid Price in Written Form In case of discrepancy between the 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-12 Docusign Envelope ID:36A98531-02F9-4014-9E65-7BD3B7DE5EE8 CITY OF LAKE ELSINORE CIP Project No. Z10001 *BID MAY BE REJECTED IF TOTAL IS NOT SHOWN FOR BOTH FIGURES AND WORDS. 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. Aneen Construction, Inc. fl Contract r Date: 4.30.25 By: Tamer Khalil, President Contractor's State License No.: 1004775 Class: A Department of Industrial Relations Registration No: 1000033880 Registration Date: 2015 Expiration Date: 6.30.25 Address: 9938 Magnolia Ave. Riverside, Ca 92503 Phone: 909.913.3024 FAX: C-13 Docusign Envelope ID:36A98531-02F9-4014-9E65-7BD3B7DE5EE8 CITY OF LAKE ELSINORE CIP Project No. Z10001 NON-COLLUSION AFFIDAVIT ANNUAL CURB, GUTTER & SIDEWALK REPAIR PROGRAM CIP PROJECT NO. Z10001 STATE OF CALIFORNIA ) COUNTY OF r`Mt�llDe ) SS (NAME)Tamer Khalil affiant being first duly sworn, deposes and says: That he or she is President of (sole owner, partner or other proper title) Aneen 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 nct in any manner, directly or indirectly sought by agreement, communication, or conference wit-) 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: 9938 Magnolia Ave Riverside, Ca 92503 Telephone No_: 909.9�3.3024 ;i Print Name: Tamer Khalil Signature: l Title: President U Date: 4.30.25 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 1age. If the Bidder fails to properly sign or omits the required signature, the bid will be considered non-responsive and will be rejected. C-14 Docusign Envelope ID:36A98531-02F9-4014-9E65-7BD3B7DE5EE8 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 RIVERSIDE Subscribed and sworn to (or affirmed) before me on this 30TH day of APRIL , 20 25 , by TAMER KHALIL proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. --- - - - - - - - - - - - Oc, K. DUNN P,•E.E. COMM.#2451484 U¢• m NOTARY PUBLIC- CALIFORNIA� " ^ RIVERSIDE COUNTY 0 COMM.EXPIRES JUNE 24 20 1 ( nature Docusign Envelope ID:36A98531-02F9-4014-9E65-7BD3B7DE5EE8 CITY OF LAKE ELSINORE CIP Project No. Z10001 BOND NO. BIDDER'S BOND ANNUAL CURB, GUTTER & SIDEWALK REPAIR PROGRAM CIP PROJECT NO. Z10001 KNOW ALL MEN OR WOMEN BY THESE PRESENTS: That we as PRINCIPAL, 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 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 cc u rt. (SIGNATURE PAGE FOLLOWS) C-15 Docusign Envelope ID:36A98531-02F9-4014-9E65-7BD3B7DE5EE8 CITY OF LAKE ELSINORE CIP Project No. Z10001 BIDDER'S BOND SIGNATURE PAGE ANNUAL CURB, GUTTER & SIDEWALK REPAIR PROGRAM CIP PROJECT NO. Z10001 IN WITNESS WHEREOF, we have hereunto set our hands and seals on this day of 202 BIDDER: CORPORATE SURETY: Contractor Name: Company Name: Address: Address: Telephone No.: Telephone No.: Print Name: Print Name: Title: Title: Signature: Signature: Date: Date: 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-16 Docusign Envelope ID:36A98531-02F9-4014-9E65-7BD3B7DE5EE8 CITY OF LAKE ELSINORE CIP Project No. Z10001 LIST OF SUBCONTRACTORS ANNUAL CURB, GUTTER & SIDEWALK REPAIR PROGRAM CIP PROJECT NO. Z10001 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: N/a 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 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-17 Docusign Envelope ID:36A98531-02F9-4014-9E65-7BD3B7DE5EE8 CITY OF LAKE ELSINORE CIP Project No. Z10001 REFERENCES ANNUAL CURB, GUTTER & SIDEWALK REPAIR PROGRAM CIP PROJECT NO. Z10001 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 Lake Elsinore Address 130 Main St. Project Title Downtown Sidewalk Project Location City of Lake Elsinore Type of Work Sidewalks, Curb&gutter ADA ramps Project Manager Contact Carlos Nornavi Phone Dated Completed 2023 Contract Amount 1.3 Million 2. Name (Firm/Agency) City of Mahnattan Beach Address Project Title Crosswalks Improvement project Project Location City of Manhattan Beach Type of Work Sidewalks, Curb&gutter ADA ramps Project Manager Contact Phone (310) 802-5354 Dated Completed 2024 Contract Amount 1.2 Million 3. Name (Firm/Agency) City of Hemet Address Project Title ADA Improvement Project Location City of Hemet Type of Work Sidewalks, Curb&gutter ADA ramps Project Manager Contact Noah Rue Phone (951) 765-2360 Dated Completed 2025 Contract Amount 525 C-18 Docusign Envelope ID:36A98531-02F9-4014-9E65-7BD3B7DE5EE8 CITY OF LAKE ELSINORE CIP Project No. Z10001 List any other projects (private, older than three (3)years, etc.) that may represent qualifying or similar experience: 4. Name (Firm/Agency) Address Project Title Project Location Type of Work Project Manager Contact Phone Dated Completed Contract Amount 5. Name (Firm/Agency) Address Project Title Project Location Type of Work Project Manager Contact Phone Dated Completed Contract Amount 6. Name (Firm/Agency) Address Project Title Project Location Type of Work Project Manager Contact Phone Dated Completed Contract Amount C-19 Docusign Envelope ID:36A98531-02F9-4014-9E65-7BD3B7DE5EE8 CITY OF LAKE ELSINORE CIP Project No. Z10001 CONTRACTOR INFORMATION ANNUAL CURB, GUTTER & SIDEWALK REPAIR PROGRAM CIP PROJECT NO. Z10001 Contractor's License No.: 1004775 Class: A a. Date first obtained: 2015 Expiration 6.30.25 b. Has Bidder's 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) Tamer Khalil President A C-20 Docusign Envelope ID:36A98531-02F9-4014-9E65-7BD3B7DE5EE8 CITY OF LAKE ELSINORE CIP Project No. Z10001 VIOLATIONS OF FEDERAL, STATE OR LOCAL LAWS ANNUAL CURB, GUTTER & SIDEWALK REPAIR PROGRAM CIP PROJECT NO. Z10001 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 / NO (circle one) Federal / State / Local (circle one) If"YES," identify and describe, (including agency and status): Have the penalties been paid? YES / NO (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? YES le (circle one) Code/Laws: Section/Article: If"yes," identify and describe, (including agency and status): 3. Has Bidder been "default terminated" by an owner (other than for convenience), or has Surety completed a contract for Bidder within the last five (5) years? YES De (circle one) If"yes, explain: 4. Has Bidder been cited more than twice for failure to pay prevailing wages in the last five (5) years? YES / O circle one) If"yes," a explain: Notes: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Certification. C-21 Docusign Envelope ID:36A98531-02F9-4014-9E65-7BD3B7DE5EE8 i 04.30.25 Iign to Date Tamer Khalil, President Print Name Title Aneen Construction, Inc. Contractor Name C-22 Docusign Envelope ID:36A98531-02F9-4014-9E65-7BD3B7DE5EE8 CITY OF LAKE ELSINORE CIP Project No. Z10001 DISQUALIFICATION OR DEBARMENT ANNUAL CURB, GUTTER & SIDEWALK REPAIR PROGRAM CIP PROJECT NO. Z10001 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 deral, state or local project because of a violation of law or a safety regulation? YES NO (circle one) If yes, prov e 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 / NO (circle one) Notes: Providing false information may result in criminal prosecution or administrative sanctions. The above rtification is part of the Proposal. Signing this Proposal on the signature portion ther of shall also constitute signature of this Certification. 4.30.25 Si 6ature Date Tamer Khalil, President Print Name Title Aneen 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. C-23 Docusign Envelope ID:36A98531-02F9-4014-9E65-7BD3B7DE5EE8 UTILITY AGREEMENT ANNUAL CURB, GUTTER & SIDEWALK REPAIR PROGRAM CIP PROJECT NO. Z10001 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 Project No. Z10001, ANNUAL CURB, GUTTER & SIDEWALK REPAIR PROGRAM (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 subcontractors with the requirements contained herein. P .1 L; Signature By: Tamer Khalil Name President Title Aneen Construction, Inc. Contractor Name C-24 Docusign Envelope ID:36A98531-02F9-4014-9E65-7BD3B7DE5EE8 PUBLIC CONTRACT CODE ANNUAL CURB, GUTTER & SIDEWALK REPAIR PROGRAM CIP PROJECT NO. Z10001 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 Contract r to comply with an order of the National Labor Relations Board. Note: The above tatement 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 cau that making a false certification may subject the certifier to criminal prosecution. 4.30.25 Stature Date Ta r Khalil, President Print Name Title Aneen Construction, Inc. Contractor Name C-25 Docusign Envelope ID:36A98531-02F9-4014-9E65-7BD3B7DE5EE8 CITY OF LAKE ELSINORE CIP Project No. Z10001 BOND NO. NA BIDDER'S BOND ANNUAL CURB, GUTTER & SIDEWALK REPAIR PROGRAM CIP PROJECT NO. Z10001 (10%) Ten Percent of the Total Amount of the Bid KNOW ALL MEN OR WOMEN BY THESE PRESENTS: That we Aneen Construction, Inc. as PRINCIPAL, hereinafter referred to as"Contractor", and The Gray Casualty & Surety 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(10%) Ten Percent of the Total Amount of the 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-15 Docusign Envelope ID:36A98531-02F9-4014-9E65-7BD3B7DE5EE8 CITY OF LAKE ELSINORE CIP Project No. Z10001 BIDDER'S BOND SIGNATURE PAGE ANNUAL CURB, GUTTER & SIDEWALK REPAIR PROGRAM CIP PROJECT NO. Z10001 IN WITNESS WHEREOF, we have hereunto set our hands and seals on this 30th day of April 2025 BIDDER: CORPORATE SURETY: The Gray Casualty & Contractor Name: Aneen Construction, Inc. Company Name: Surety Company Address: 9860 Indiana Ave., #18 Address: P.O. Box 6202 Riverside, CA 92503 Metairie, LA 70009 Telephone No.: (909) 913-3024 Telephone No.: (877) 857-6006 Print Name: Tamer Khalil Print Name: Pietro Micciche Title: President Title: Attorney-in-Fact Signature: Signature: _,- Date: April 30,2025 Date: April 30, 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-16 Docusign Envelope ID:36A98531-02F9-4014-9E65-7BD3B7DE5EE8 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of Los Angeles r� _ ) On APt\1 3041,7d1 7 before me, Angel Nunez, Notary Public Date Here Insert Name and Title of the Officer personally appeared Pietro Micciche Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the personoo whose name(* is/" subscribed to the within instrument and acknowledged to me that heNWfty executed the same in his/tgo"IK authorized capacity(W,and that by his/)40MjKDKsignature(§0 on the instrument the person(s), or the entity upon behalf of which the person(o) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Califor ' at the foregoing paragraph is true and corr WITNESS han n official se +�•"—``'ti ANGEL NUNEZ Notary Public•California Los Angeles County " Commission p 2482770 — Slgnatu "�• My Comm.Expires Mar 14. 2028 Signatu Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signers) Other Than Named Above: Capacity(ies)Claimed by Signer(s) Signer's Name: Signer's Name: Corporate Officer — Title(s): F Corporate Officer — Title(s): yLimited I .General Individual Limi Attome General Fact Individual i -I Limit Attorney in Fact Trustee ( .Guardian or Conservator 7 Trustee Guardian or Conservator 7J Other: _ i Other: Signer Is Representing: Signer Is Representing: "AMR up glop 02014 National Notary Association •www.NationalNotary.org• 1-800-US NOTARY(1-800-876-6827) Item#5907 Docusign Envelope ID:36A98531-02F9-4014-9E65-7BD3B7DE5EE8 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 ------------------- A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of Los Angeles ) On April 30th, 2025 before me, Angel Nunez, Notary Public Date Here Insert Name and Title of the Officer personally appeared Tamer Khalil 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 correc WITNESS han d official seal. ANGEL NUNEZ *my Notary public•California � Signat aLos Angeles County Si nature t Public Commission k 2482770g Comm.Expires Mar 14,2028 Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: ___ Signer(s) Other Than Named Above: _ Capacity(les) Claimed by Signer(s) Signer's Name: Signer's Name: Corporate Officer — Title(s): _._.._..._..._.. Corporate Officer -- Title(s): Partner — -:i Limited ; i General Partner — 1,Limited General Individual i. i Attorney in Fact Individual Attorney in Fact I Trustee t l Guardian or Conservator 'Trustee f_]Guardian or Conservator I Other: , Other: Signer Is Representing: Signer Is Representing: 02014 National Notary Association -www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item ii5907 I 1 I Docusign Envelope ID:36A98531-02F9-4014-9E65-7BD3B7DE5EE8 Preferred Bonding Services 04'03.2025 15:40 89100009394 THE GRAY INSURANCE COMPANY THE GRAY CASUALTY& SURETY COMPANY GENERAL PO"ER OF ATTORNEY Bond Number: �Q Principal:r•^/ n rl to rt� Tz fC L.0 r �Y-\ Project:A"MA4)\ ('AYI- ('v14(-e' V- �,'A6VA) FobJl( P�D.)0rn KNOW ALL BY THESE PRESENTS.1 HA f fhe bray Insurance Company anJ 1 he Gra% Casualty x Surety Company.corporations duly organized and existing under the laths of Louisiana.and haw ing their principal offices in Metairie.Louisiana.do hcreb% make.constitute.and appoint: Patricia Lenizo,Elisabete Salazar,Edward A Fancher.III,:angel Nunez,and Pietro Micciche of Los.kn-,ales.California jointly and severally on behalf of each of the Companies named above its true and law ful Attorney(s)-in-Fact.to make,execute.seal and deliver.for and on its behalf and as its deed.bonds.or other writings obligatory in the nature of a bond.as surety.contracts of suretyship as arc or may be required or permitted by law.regulation,contract or otherwise,pro%ided that no bond or undertaking or contract of surety ship executed under this authority shall exceed the amount of S25.000.000.00. Phis Power of Attorney is granted and is signed by facsimile under and by the authority of the follo%%ing Resolutions adopted by the Boards of Directors of both The Gray Insurance Company and The Gray Casualh & Surety Compam at meetings duty called and held on the 26'h day of 1 unc.2003. RESOLVED.that the President.Executive Vice President any Vice President,or the Secretary be and each or any of them hereby is authorized to execute a power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds. undertakings.and all contracts of surety,and that each or an\ of them is hereby authorized to attest to the execution ofsuch Power ol•Attorncy.and to attach the seal of the Company:and it is FURTHER RESOLVED.that the signature ofsuch officers and the seal otthe Company may be affixed to am such Power of Attorney or to any certificate relating thereto by facsimile.and any such Power of Attomey or certificate bearing such laesimile signature or facsimile seal shall be binding upon the Company now and in the future when so affixed w ith regard to am.bond.undertaking or contract of surety to which it is attached. IN WTINESS WHEREOF.'Ifte Gray Insurance Company and fhe Gray Casualty&Surety Company have caused their official seals to be hereinto affixed.and these presents to he signed by their authorized officers this 4°i day of November.2022. SEAL B� Michael f.Ciray Cullen S.I'iskc UEx President President7�he Gray Insurance Company fhe Gray Casualty &Surety Compam State of Louisiana ss: Parish of Jefferson On this 41h day ofNovember.2022.before me,a Notary Public.personally appeared Michael 1.Gray.['resident of I hr lira} Insurance Company.and Cullen S.Piske.President of I'he Gray Casualty&Surety Compam,personally known to me.being duly sworn.acknowledged that they signed the above Power of Attorney and affixed the seals of the companies as officers ol.and acknowledged said instrument to be the voluntary act and deed.of their companies. Notary Put)9c Leigh AnneHenican r^iC Notary ID No.92653 \otary Public.Parish of Orlcans State of Louisiana Grleens Parisr,,Louisiana M% Commission is for Life 1.Mark S.Manguno,Secretary of The Gray Insurance Compam.du hereby certilj that the ab%ne and forgoing is a true and correct copy of a Power of Attorney given by the companies.%which is still in full force and effect.IN WITNESS WHEREOF.I ha%e set my hand and affixed the seals of the Company this? U„ day of AP 1.Leigh Anne Henican.Secretary of The Gray Casualty &Surety Company .do hereby certify that the alxiye and forgoing is a true and correct copy of a Power of Attorney given by the companies.v%hich is still in full torce and effect.IN WfINL-SS WHEREOF.iE•REOF.I have set my hand and affixed the seals of the Company this36411% day.of RPC f 149 L5�- 1 SEAL •� CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of Los Angeles ) On / w1 _O before me, Angel Nunez, Notary Public Date Here Insert Name and Title of the Officer personally appeared Pietro Micciche _ Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the personN whose namel)(y is/&V subscribed to the within instrument and acknowledged to me that he/pWft)( executed the same in his/)<i)Kk"jK authorized capacity0 W,and that by hisl)q )Wsignature(*on the instrument the person(s), or the entity upon behalf of which the persons)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. ANGEL NUNEZ WITNESS rn nd an official seal. s Notary Public•Calllornia Los Angeles County ' Commission p 2482770 Signat My Comm.Expires Mar 14,2028 Signature of Notary Public MP Place Notary Seal Above OPTIONAL. Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: _ Document Date: _ Number of Pages: Signer(s) Other Than Named Above: Capacity(ies)Claimed by Signer(s) Signer's Name: _ Signer's Name:_ Corporate Officer — Title(s): ------ F 1 Corporate Officer — Title(s):, 01 Partner — '�J Lirnitpd General a Partner— Limited !'.I General C�Individual vq. Attorney in Fact !:_.l Individual Attorney in Fact C j Trustee C1 Guardian or Conservator l Trustee Guardian or Conservator C_?Other: I_I Other: _ Signer Is Representing: Signer Is Representing: I 02014 National Notary Association •www.NationaiNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 Preferred Bonding Services THE GRAY INSURANCE COMPANY 04 0_2025 1=.40 89100009394 THE GRAY CASUALTI & SURETY COMPANY GENERAL POkVER OF:ATTORNEY Bond Number:�>-� 1 � Princi � L�.r(� t J`v% , Project: 1 hY1htnii lNY'� � �-vl}�-•Ictf .� 5 ,��✓'�9��' 1�1�� t �y����� KNOW ALL BY THESE PRESENTS. ITIAI 'the(fray Insurance Compam'and i he Gray Casualty&Surety Company.corporations dub organized and existing under the laws of Louisiana.and ha\ing their principal offices in Metairie.Louisiana.do hereby make.constitute_and appoint: Patricia Lenizo,Elisabete Salazar,Edward A Fancher,llt,:angel Nunez,and Pietro Nlicciche of Los Angeles,California,joints} and severally on behalf of each of the Companies named above its true and lax%ful Attorney(s)-in-Fact.to make.execute.seal and deliver,for and on its behalf and as its deed,bonds.or other writings obligatory in the nature ofa bond.as surety.contracts of suretyship as are or may be required or permitted by law,regulation.contract or otherwise,provided that no bond or undertaking or contract of surety ship executed under this authority shall exceed the amount of $25.000.000.00. This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both The Gray Insurance Compam and The Gray Casualty& Surety Company at meetings duly called and held on the 20 dak of 1 unc.2003. "RESOLVED.that the President.Executive Vice President.any Vice President.or the Secretary be and each or any ofthem hereby is authorized to execute a power of Attorney qualifying the attorney named in the given Power ofAttorne%y to execute on behalf of the Company bonds. undertakings.and all contracts ofsurety.and that each or any of them is hereby authorized to attest to the execution ofsuch Power of'Attorney,and to attach the seal of the Company.and it is FUR'I HER RESOLVED.that the signature ol'such officers and the seal of the Compam may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile.and any such Power of Attorney or certificate hearing such facsimile signature or facsimile seal shall be binding upon the Company now and in the future when so affixed with regard to any bond.undertaking or contract of surety to which it is attached. IN WI INESS WHEREOF.The Gray Insurance Company and The Gray Casualty&Surety Company have caused their official seals to be hereinto affixed.and these presents to be signed by their authorized oflicers this Tf'day ol'NoNentber.2022. Xif •�A "I SEAL By. Michael T.Gray ,• >` � Cullen S.I tyke y President SEAL President t The Gray Insurance Com any he Gray Casualt &Surety Company t State of Louisiana ss: Parish oflefferson On this 41h day of November.2022.before me,a Notary Public.personally appeared Michael 1.Gray.President of fhc Gray Insurance Company.and Cullen S.Piske. President of The Gray Casualty&Surety Company.personally known to me.being duly skvom.acknowledged that they signed the about Power of Attorney and affixed the seals of the companies as oflicers of.and acknowledged said instrument to be the voluntary act and deed.of their companies. 'votary Public.Parish of'Orleans State of Louisiana �&CrleaMS Parish,Louisiar:S %Iy Commission is for Life I.Mark S.Manguno.Secretary ol'The Gray Insurance Company.do hereby certify that the abcne and forgoing is a true and correct copy ofa Power ofAttomey given by the companies.kkhich is still in first force and effect iN Wl'INESS WHEREOF.I hake set my hand and affixed the seals of the Company this';o Imay of j h 1.Leigh Anne Henican./Secretary of The Gray Casualty&Surety Company ,do hereby certify that the ab0Ve and forgoing is a true and correct copy ofa Power ofAttomev given by the companies.which is still in full force and effect.IN WITNESS WI IEREOF.I have set m_v, hand and affixed the seals ofthe Company this3ylid�day of- J tfrL Z � —• ��="'�N+.`c lfr�—Y,.� Fi q SEAL s �' SEAL Q y BOND No. GS29700222 PREMIUM included in Performance Bond LABOR AND MATERIALS BOND (100%of Total Contract Amount) WHEREAS, the City Council of the City of Lake Elsinore, State of California, has awarded to and entered into an Agreement with Aneen Construction Inc. (hereinafter designated as "Principal") whereby the Principal agrees to construct or install and complete certain designated public improvements, which said Agreement, effective on the date signed by the City Manager, and identified as Annual Curb, Gutter&Sidewalk Repair Program CIP PROJECT NO.Z100 7 is hereby referred to and made a part hereof; and WHEREAS„ under the terms of the Agreement, said Principal is required before entering upon the performance of the work, to file a good and sufficient payment band with the City of Lake Elsinore to secure the payment of claims to which reference is made in Title 3(commencing with Section 9000) f Part 6 of Division 4 of the Civil Code. NOW, THEREFORE, we the undersigned Principal and The Cray Casualty&Surety company, as Surety are held and firmly bound unto the City of Lake Elsinore(hereinafter designated as"City") and all contractors, subcontractors, laborers, material suppliers,and other persons employed in the performance of the Agreement as referred to in Title 3(commencing with Section 9000)of Part 6 of Division 4 of the California Civil Cade, in the sum of Eight Hundred Thousand dollars ( 800, 0.00 ), lawful money of the United States, for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work. and labor,that the Surety will pay for the same in an amount not exceeding the sum specified in this bond. In the event suit is brought upon this bond, the Surety shall pay in addition to the face amount thereof, all casts and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing this obligation, to be awarded fixed by the court, and to be taxed as casts and to be included in the judgment therein rendered It is expressly stipulated and agreed that this band shall inure to the benefit of any of the persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000)of Part 6 of Division 4 of the California Civil Code, to give a right of action to such persons or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or the specifications accompanying the same shall in any manner affect its obligation on this bond, and it does hereby waive notice of any such change, extension,alteration, or addition. (SIGNATURE PAGE FOLLOWS) D-37 CITY OF LAKE ELSINORE C I P Project No. Z 10067 BOND NO. GS29700222 SIGNATURE PAGE TO LABOR AND MATERIALS BOND IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named and we have hereunto set our hands, and seals on this30th day of June 2025, BIDDER/PRINCIPAL SURETY.- Principal Name: Aneen Construction, Inc. Name: The Gray Casualty&Surety Company Address; 9860 Indiana Ave., #18 Address: P.O. Box 6202 Riverside, CA 92503 Metairie, LA 70009 Telephone No.: (909) 913-3024 Telephone No.: (877)857-6006 Print Name: -74jltu &-eA*'t'4 Print Name: Pietro Micciche Atta r Signature: Signature: Approved as to Irm this f o ay .1—V9-X1 2 0 City Attorney City of Lake Elsinore NOTE: This bond must be executed by both parties. Corporate seal may be affixed hereto. All si-qnatures must be acknowledged before a notary public(attach acknoWedgments). The attorney-in-fact for the corporate surety must be registered, as such, in at least one county in the State of California. (Attach one original Power of Attorney sheet for each bond). D-38 CALIFORNIA ALL-PURPOSE ACKNOWLEDOMIENT CIVIL,CODE§1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of Los Angeles _ ) On�la � / 3Ok �befiore me, Angel Nunez, Notary Public Date Here Insert Name and Title of the Officer personally appeared Pietro Micciche Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the personm whose name('4 is/" subscribed to the within instrument and acknowledged to me that he/AW)t*y executed the same in his/ g0ftkauthorized capacityo&),and that by his/)qA 1pAelt7Csignature(:j on the instrument the persons), or the entity upon behalf of which the person4)acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS m nd d official sea *my -NGEL NUNEZ Notary Public•California Signat Los Angeles County Sf nat r%of Nota Public Commission#2482770g ry Comm.Expires Mar 14,2028 i I I I Place Notary Seal Above OPTIONAL I Though this section is optional, completing this information can deter alteration of the document or i fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: _ Number of Pages: Signers) Other Than Named Above: Capacity(ies)Claimed by Signer(s) Signer's Name: Signer's Name: L Corporate Officer — Title(s): _..__...._..___T 1: 1 Corporate Officer — Title(s): U Partner — A Lim" E-1 General 11 Partner Limited 1-1 General ❑Individual Attorney in Fact 1,71 Individual 1- Attorney in Fact I Trustee U Guardian or Conservator U Trustee Guardian or Conservator Ui Other: I-_1 Other: Signer Is Representing: Signer Is Representing: _._....... - @2014 National Notary Association •www.NationaiNotary.org -1-800-US NOTARY(1-800-876-6827) Item#5907 I 6 • . Preferred Bonding Services 04'0_r202515:40 39100009.94 THE GRAY INSURANCE COMPANY THE GRAY CASUALTY& SURETY COMPANY GENERAL POWER OF ATTORNEY Bond Number: ,tr;y/lCX>JV�Principal: AhGer Project:A�in \ C114I ve,( 4: / KNOW ALL BY THESE PRESENTS.THA I The Gray Insurance Company and 1 he Gray Casualty&Surety Compam.corporations duly organized and existing under the laws of Louisiana.and ha%ing their principal oflices in Metairie"Louisiana.do hereby make.constitute"and appoint: Patricia Zenizo,Elisabete Salazar,Edward A Fancher,III,Angel Nunez,and Pietro Micciche of Los.ingeles,California joint)-, and severallyon behalf ofeach ofthe Companies named above its true and law ful Attorney(s)-in-Fact.to make.execute.seal and deliver.Ibr and on its behalf and as its deed.bonds.or other writings obligatory in the nature of a bond.as surety.contracts of suretyship as are or may be required or permitted by law.regulation.contract or otherwise.provided that no bond or undertaking or contract of surely ship executed under this authority shall exceed the amount of" $25.000.000.00. This Power of Attorney is granted and is signed by facsimile under and by the authority of'the follo«ing Resolutions adopted by the Boards of Directors of both The Gray insurance Company and The Gray Casualty& Surety Company 1 unc.2003. at meetings duly called and held on the 26'h day of "RESOLVED.that the President.Executive Vice President"any Vice President.or the secretary be and each or any ofthcm hereby is authorized to execute a power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds. undertakings.and all contracts of surety"and that each or any of them is hereby authorized to attest to the execution ofsuch Power of'Attorney.and to attach the seal of the Company:and it is FURTHER RESOLVED.that the signature ofsuch officers and the seal ofthe Company may be affixed to any such Power ol'Attorney or to an) certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such l"acsimile signature or facsimile seal shall be binding upon the Company now and in the future when so affixed with regard to any bond.undertaking or contract of surety to which it is attached. IN WI]NESS WHEREOF.The Gray Insurance Company and The Gray Casualty&Surety Company have caused their official seals to be hereinto affixed.and these presents to be signed by their authorized officers this 411i day ofNoyember"2022. 0.1 SEAL B}: Michael T.Gray Cullen S. Piske <'( SEAL _ President President 0, 1`ti ,r ..•+4 The Gray Insurance Company The Gray Casualty&Surety Company State of Louisiana ss: Parish of Jefferson On this 4th day of November"2022"before me.a Notary Public.personally appeared Michael 1"Gray.President of"the Gray Insurance Company"and Cullen S.Piske"President of the Gray Casualty&Surety Company.personally known to me.being duty swum,acknow(edged that they signed the above Power of Attorney and affixed the seals of the companies as off iccrs of' and acknow)edged said instrument to be the voluntary act and deed.of their companies. Notary Pubic ' Leigh:1nne f Ecnicatn - Notary IC No.92653 Notary Public.Parish of Orlcans State of Louisiana deans Parish,Louistanz My Commission is for Life 1.Mark S.Manguno.Secretary or The Gray Insurance Company"do hereby certify that the above and forgoing is a true and correct copy of a Power ol'Attorney given by the companies.which is still in full force and elTect. IN WITNESS WI IEREOF.1 have set my hand and affixed the seals ofthe Company this SCIAllay of Z;1�ne, fj 1.Leigh Anne Henican.Secretary of 1 he Gray Casualty&Surety Company "do hereby certify that the above and forgoing is a true and correct copy of a Power of Attorney given by the companies.which is still in full force and etfcct.IN WI I-NESS WI ILREOF.I have set m_v hand and affixed the seals ofthe Company this joLkday of OEASEEL t