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9/5/2018 - AGREEMENTS
� r pA�MSA. CITY OF PALM SPRINGS CONTRACT CHANGE ORDER c�4rpoR�`P To: Elecnor Belco Electric, Inc. June 25, 2019 14320 Albers Way Project No: 17-08 Chino, CA 91710 Project: Indian Canyon Two-Way Conversion and Pedestrian and Bicycle Safety Enhancements P (909)993-5470 Change Order No: 01 F (909)993-5476 Purchase Order: 19-0935 Account: 134-4497-50339 Attn: Olivia Chea 134-4497-50349 134-4498-59507 142-4299-65243 CHANGES IN WORK: Extra Work at Agreed Lump Sum — Delta 1 & Delta 2 Plan Revisions This change order provides for Extra Work at an Agreed Lump Sum Price for the completion of changes made between the bid set of drawing and the final construction drawings. Multiple changes to the plans were made including changes to the signal poles based upon conflicts found during potholing. Price listed below is inclusive of all costs and markups. Item No. Item Description Quantity Unit Price Total 1-1 Delta 1 & Delta 2 Plan Changes 1 LS $97;138.74/LS $97,138.74 Subtotal $97,138.74 Extra Work at Agreed Lump Sum —Crosswalk at N Indian Canyon Dr&Alejo Rd This change order provides for Extra Work at an Agreed Lump Sum'Price for the removal and reconstruction of a concrete crosswalk located at N. Indian Canyon Dr and Alejo Rd. The work also includes the installation of one new curb ramp. This additional work is due to the realignment of Alejo Rd and requires the removal and realignment of the crosswalk. Price listed below is inclusive of all costs and markups. Item No. Item Description Quantity Unit Price Total 1-2 Crosswalk at N. Indian Canyon Dr at Alejo Rd 1 LS $101,823.81/LS $101,823.81 Subtotal $101,823.81 Contract Change Order No. 01 June 25, 2019 Page 2 Adjustment of Compensation at Agreed Lump Sum — Material Escalation This change order provides for an adjustment of compensation at agreed lump sum for the material escalations due to tariff increases on IISNS signs and LED luminaires. Price listed below is inclusive of all costs and markups. Item No. Item Description Quantity Unit Price Total 1-3 Material Escalation due to Tariffs 1 LS $3,908.87/LS $3,908.87 Subtotal $3,908.87 Total Change Order Amount $202,871.42 CHANGES TO CONTRACT TIME: Zero (0) working days are being added as a result of this change order. SOURCE OF FUNDS: Funds are available from the following account(s): 261-4491-50339 and 134-4498-59507 SUMMARY OF COSTS: Original Contract Amount: $4,464,857.00 Original Completion 170 Work Days This Change Order: $ 202,871.42 Days Added 0 Days Previous Change Order(s): $ 0.00 Previous Days Added: 0 Days Revised Contract Amount: $ 4,667,728.42 Revised Completion 170 Work Days [SIGNATURES ON NEXT PAGE] Contract Change Order No. 01 June 25, 2019 . Page 3 I have received. a copy of this Change Order and the above AGREED PRICES are acceptable to Contractor Elecnor Belco Electric, Inc. - 6/27/19 Signature Date Alberto Garcia, President/CEO Printed Name and Title Interwest Consulting Group go °Si_ ture Date gqA J c (, vuj-Zj Cons Sy)2vGT10N M,4iu466e Printe Nam nd Title City.of Palm SpringsWo Recommended By: Marcus Fuller ity Engineer Date Approved By: G1 Z61�] Da d: ady, City Manager bate Attest-By: �ny Mejia, Cit Cie bate Distribution: Original Conformed Copy: Conformed-File Copy: Contractor (1) Engineering Pay File (1) APPROVED BYCM1COUNCIL City Clerk (1) City Proiect File Purchasing (1) 2d ----1 7 Finance belco elecnor group January 4,2019 City of Palm Springs Serial No. 14-0291-007 3200 E.Tahquitz Canyon Way Palm Springs, CA 92262 Attention: Mr.Ryan Schultz, Construction Manager Reference: Indian Canyon Drive Two-Way Conversion and Pedestrian and Bicycle Safety Enhancements City of Palm Springs Project No. 17-08 Belco Job No. 14-0291 Subject: Price Proposal for Traffic Signal Revisions Revised Traffic Signal Plans Delta 1 and 2 Belco PCO No. 14-0291-2.00 Dear Mr. Schultz: Please consider this as Elecnor Belco Electric's price proposal for the additional scope of work to perform the traffic signal modifications per the revised Traffic Signal Plans Delta 1 and 2 for the above referenced project. The following details are provided in this proposal: • Provide modifications at Indian Canyon Dr. and Ramon Rd. • Provide modifications at Indian Canyon Dr. and Arenas Rd. • Provide modifications at Indian Canyon Dr. and Andreas Rd. • Provide modifications at Indian Canyon Dr. and Amado Rd. • Provide modifications at Indian Canyon Dr. and Alejo Rd. • Provide modifications at Indian Canyon Dr. and Tamarisk Rd. • Provide modifications at Indian Canyon Dr. and La Paz Our price to perform this work on a lump sum basis is$97,138.74. This change in scope of work will require 0 additional working days. If this proposal is acceptable, please provide a change order or written direction to proceed with this work. Should you have any questions or concerns,please do not hesitate to contact me at(909) 993-5470 ext. 263 or via email olivia.chea@elecnor.com. 14320 Albers Way Chino, CA 91710 belco We think about a better world (909) 993-5470 Office elemorgroup www.elecnorbelco.com (909) 993-5476 Fax CA License 738518 belco elemor group Sincerely, Elecnor Belco Electric, Inc. Olivia Chea Senior Project Manager 14320 Albers Way Chino, CA 91710 belcoWe think about a better world _(909) 993-5470 Office ele norgroup www.elecnorbelco.com - (909) 993-5476 Fax CA License 738518 FIELD MATERIAL AND LABOR PRICE SUMMARY(See Price Sheets for Details) BELCO PCO NO: 14-0291-2.00 DESCRIPTION MATERIAL$ .LBR HRS. DATE: 1/4/2019 MATERIALS PAGE 2 $2,655.00 46.24 MATERIALS PAGE 3 $639.00 15.20 DESCRIPTION OF WORK OR CHANGE . MATERIALS PAGE 4 $30 644.50 199.22 PROVIDE TRAFFIC SIGNAL MODIFICATIONS PER DELTA 1 MATERIALS PAGE 5 $0.00 0.00 AND 2 TRAFFIC SIGNAL PLANS. MATERIALS PAGE 6 $0.00 0.00 MATERIALS PAGE 7 $0.00 0.00 SUBTOTAL $33,938.50 260.66 SALES TAX 9.00% $3,054.47 FREIGHT 4% .$1357.54 cost MARKUP TOTAL MISCELLANEOUS HARDWARE @ 5% $1,696.93 15% TOTAL MATERIAL COSTS: $40,047.43 $6,007.11- $46,054.54 FIELD LABOR BREAKDOWN HOURS RATE EXT$ GENERAL FOREMAN-REGULAR RATE 0 $106.79 $0.00 GENERAL.FOREMAN-OT RATE 0 $145.95 $0.00 FOREMAN-REGULAR RATE 130 $98.92 $12,859.60 FOREMAN-OT RATE 0 $134.12 $0.00 JOURNEYMAN WIREMAN-REG..RATE 130 $91.03 $11,833.90 JOURNEYMAN WIREMAN-OT RATE 0 $122.30 $0.00 ELEC.APPRENTICE-REGULAR RATE 0 $81.52 $0.00 ELEC.APPRENTICE-OT RATE 0 -$108.23 $0.00 LABORER-REGULAR RATE 0 $68.60 $0.00 LABORER-OT RATE 0 $92.64 $0.00 OPERATOR-REGULAR RATE 0 $92.87 $0.00 COST MARKUP TOTAL OPERATOR-OT RATE 0 $195.72 $0.00 20% TOTAL LABOR COSTS: $24,693.50 $4,938.70 $29,632.20 ENGINEERING COSTS HOURS RATE EXT$ PROJECT MANAGER 0 $90.00 $0.00 DESIGN ENGINEER COORDINATION 0 $75.00 $0.00 PROJECT ENGINEER 0 $60.00 $0.00 CAD ENGINEER 0 $50.00 $0.00 COST MARKUP TOTAL PROJECT ASSISTANT 0 1 $40.00 1 $0.00 20% TOTAL INDIRECT COSTS: $0.00 $0.00 $0.00 CODE EQUIP.(CALTRANS RATES) HOURS RATE EXT$ 06-12 PICKUP TRUCKIHR. 0 $20.29 $0.00 20-28 UTILITY WORK TRUCK/HR. 130 $71.82 $9,336.60 016-025 AIR COMPRESSOR ONLY/HR. 0 $15.48 $0.00 20-28 BATCH TRUCK W/MIXER/HR. 0 $40.38 $0.00 36-48 CRANE TRUCKIHR. 0 $99.75 $0.00 12-20 BUCKET TRUCKIHR. 0 $71.69 $0.00 3AXL DUMP TRUCK 3 AXLES)/HR. 24 $72.07 $1,729.68 20-28 DELIVERY TRUCK 20K-28 /HR. 0 $36.04 $0.00 12-20 WATER TRUCK 12K-20K/HR. 0 $33.46 $0.00 DUMP TRAILER/HR. 24 $15.00 $360.00 TM ARROWBOARD/HR. 0 $2.85 $0.00 2509J BACKHOE JD 410G/HR. 0 $60.73 .$0.00 BACKHOE TRAILER/HR. 0 $20.00 $0.00 TRENCHER/DAY 0 $225.00 $0.00 cost MARKUP TOTAL 15% TOTAL TOOLS/EQUIP.COSTS: $11,426.28 $1,713.94 $13,140.22 SUBCONTRACTS QTY U/M EXT,$ DIRECTIONAL BORING 2 $3 500.00 $7,000.00 $0.00 COST MARKUP TOTAL $0.00 5% TOTAL SUBCONTRACT COSTS: $7,000.00 $350.00 $7,350.00 COST MARKUP TOTAL SUBTOTAL COSTS: $83,167.21 $13,009.76 $96,176.97 SUBTOTAL PERCENT EXT$ DESIGN SERVICES $0.00 7.75% $0.00 $0.00 BONDING $96,176.97 1.00% $961.77 $961.77 $97,138.74 BELCO MATERIALS AND OPERATIONS BREAKDOWN PROJECT: PCO NO: DIRECTIVE NO: ESTIMATED BY CHECKED BY DATE 12/11/2018 MATERIAL'OR OPERATION QTY PRICE PER EXT.PRICE LABOR UNIT PER EXT.LABOR PALM CANYON DR.AND CAMINO PAROCELA NO COST CHANGES INDIAN CANYON DR.AND RAMON RD. DELETE NEW TYPE 1A POLES 3 0.00 E 0.00 -4.00 E -12.00 DELETE NEW TYPE 1A FOUNDATION 3 -450.00 E 1,350.00 -4.00 E -12.00 ADD NEW TYPE PPB POST 3 0.00 E 0.00 3.00 E 9.00 ADD NEW TYPE PPB POST FOUNDATION 3 300.00 E 900.00 4.00 E 12.00 INDIAN CANYON DR.AND BARISTO RD. NO COST CHANGES INDIAN CANYON DR.AND ARENAS RD. DELETE NEW TYPE 19-4-100 POLE W/W SMA+15'LMA 1 0.00 E 0.00 -14.00 E -14.00 DELETE NEW TYPE 19 FOUNDATION 1 -1,600.00 E -1,600.00 -14.00 E -14.00 ADD NEW TYPE 26-100 POLE W/40'SMA+15'LMA 1 0.00 E 0.00 14.00 E 14.00 ADD NEW TYPE 26 FOUNDATION 1 1,900.00 E 1,900.00 14.00 E 14.00 ADD NEW PPB POST 1 0.00 E 0.00 3.00 E 3.00 ADD PPB POST FOUNDATION 1 300.00 E 300.00 4.00 E 4.00 POTHOLE TS FOUNDATION/SLURRY BACKFILL 1 500.00 E 500.00 8.00 E 8.00 1"PVC TERMINATIONS . 2 1,000.00 C 20.00 50.00 C 1.00 1"PVC SCH80 CONDUIT 20 95.00 C 19.00 4.00 C 0.80 1"PVC TERMINATIONS 2 1,000.00 C 20.00 50.00 C 1.00 3 CONDUCTOR TS CABLE 140 1,000.00 M 140.00 8.00 M 1.12 CONCRETE DEMO 1 50.00 E 50.00 2.00 E 2.00 CONCRETE RESTORATION 1 300.00 E 300.00 4.00. E 4.00 INDIAN CANYON DR.AND LA PLAZA NO COST CHANGES INDIAN CANYON DR.AND TAHQUITZ CANYON WAY NO COST CHANGES INDIAN CANYON DR.AND ANDREAS RD. EXTEND 3"PVC SCH80 CONDUIT 20 . 295.00 C 59.00 10.00 C 2.00 EXTEND 12 CONUDCTOR TS CABLE 20 1,900.00 M 38.00 18.00 M 0.36 EXTEND 3 CONDUCTOR TS CABLE 20 1,000.00 M 20.00 8.00 M 0.16 CONCRETE DEMO 1 50.00 E 50.00 2.00 E 2.00 CONCRETE RESTORATION 1 300.00 E 300.00 4.00 E 4.00 0.00 0.00 INDIAN CANYON DR.AND AMADO RD. DELETE NEW TYPE 19-4-100 POLE W/30'SMA+15'LMA 1 0.00 E 0.00 -14.00 E -14.00 DELETE NEW TYPE 19 FOUNDATION 1 -1,600.00 E -1,600.00 -14.00- E -14.00 DELETE NEW TYPE 1A POLES 1 0.00 E 0.00 -4.00 E -4.00 DELETE NEW TYPE 1A FOUNDATION 1 -450.00 E -450.00 -4.00 E -4.00 ADD NEW TYPE 26-100 POLE W/40'SMA+15'LMA 1 0.00- E. 0.00 14.00 E 14.00 ADD NEW TYPE 26 FOUNDATION 1 1,900.00 E 1,900.00 14.00 E 14.00 POTHOLE TS FOUNDATION/SLURRY BACKFILL 1 506.00 E 500.00 8.00 E 8.06 ADD NEW PPB POST 2 0.00 E 0.00 3.00 E 6.00 ADD PPB POST FOUNDATION 2 300.00 E 600.00 4.00 E 8.00 1"PVC SCH80 CONDUIT 20 95.00 C 19.00 4.00 C 0.80 1"PVC TERMINATIONS 2 1,000.00 C 20.00 50.00 C 1.00 TOTALS 2,656.00 46.24 BELCO MATERIALS AND OPERATIONS BREAKDOWN PROJECT: PCO NO: DIRECTIVE NO: ESTIMATED BY CHECKED BY DATE 4/26/2019 MATERIAL OR OPERATION QTY PRICE PER EXT.PRICE LABOR UNIT PER EXT.LABOR INDIAN CANYON DR.AND AMADO RD. 3 CONDUCTOR TS CABLE 200 1,000.00 M 200.00 8.00 M 1.60 CONCRETE DEMO 1 50.00 E 50.00 2.00 E 2.00 CONCRETE RESTORATION 1 300.00 E 300.00 4.00 E 4.00 . DELETE SV-1-T VEH.SIGNAL FOR POLE E 1 -350.00 E -350.00 -2.00 E -2.00 DELETE SP-1-T PED.SIGNAL FOR POLE E 1 -350.00 E -350.00 -2.00 E -2.00 ADD SV-2-T VEH.SIGNAL FOR POLE E 1 600.00 E 600.00 2.00 E 2.00 ADD SP-2-T PED.SIGNAL FOR POLE E 1 500.00 E 500.00 2.00 E 2.00 DELETE SV-1-T VEH.SIGNAL FOR POLE F 1 -350.00 E -350.00 -2.00 E -2.00 DELETE SP-1-T PED.SIGNAL FOR POLE F 1 -350.00 E -350.00 -2.00 E -2.00 DELETE SP-1-T PED.SIGNAL FOR POLE G 1 -350.00 E -350.00 -2.00 E -2.00 ADD SP-2-T PED.SIGNAL FOR POLE G 1 500.00 E 500.00 2.00 E 2.00 DELETE SP=1-T PED.SIGNAL FOR POLE H 1 -350.00 - E -350.00 -2.00 E -2.00 INDIAN CANYON DR.AND ALEJO RD. DELETE 50'SMA FOR POLE A 1 0.00 E 0.00 -6.00 E -6.00 ADD 55'SMA FOR POLE A 1 0.00 E 0.00 6.00 E 6.00 DELETE 12'SMA FOR POLED 1 0.00 E 0.00 -2.00 E -2.00 ADD 15'SMA FOR POLE D 1 0.00 E 0.00 2.00 E 2.00 INDIAN CANYON DR.AND TAMARISK RD. ADD NEW PPB POST 1 0.00 . E 0.00 3.00 E 3.00 ADD PPB POST FOUNDATION 1 300.00 E 300.00 4.00 E 4.00 1"PVC SCH80 CONDUIT 20 95.00 C 19.00 4.00 C 0.80 1"PVC TERMINATIONS 2 1,000.00 C 20.00 50.00 C 1.00 3 CONDUCTOR TS CABLE 100 1,000.00 M 100.00 8.00 M 0.80 CONCRETE DEMO - 1 50.00 E 50.00 2.00 E 2.00 CONCRETE RESTORATION 1 300.00 E 300.00 4.00 E 4.00 DELETE SP-1-T PED.SIGNAL FOR POLE E 1 -350.00 E -350.00 -2.00 E -2.00 DELETE SP-1-T PED.SIGNAL FOR POLE F 1 -350.00 E -350.00 -2.00 E -2.00 ADD SP-2-T PED.SIGNAL FOR POLE F- 1 500.00 E 500.00 2.00 E 2.00 TOTALS 639.00 15.20 BELCO MATERIALS AND OPERATIONS BREAKDOWN PROJECT: PCO NO: DIRECTIVE NO: ESTIMATED BY CHECKED BY DATE 1/4/2019 MATERIAL OR OPERATION QTY PRICE PER EXT.PRICE .LABOR UNIT PER EXT.LABOR INDIAN CANYON DR.AND LA PAZ DELETE RELOCATION EXISTING TYPE 19 POLE 1 0.00 E 0.00 -8.00 E -8.00 DELETE NEW TYPE 19 FOUNDATION 1 -1,600.00 E -1,600.00 -14.00 E -14.00 ADD NEW TYPE 15TS W/15'LMA(POLE B) 1 0.00 E 0.00 14.00 E 14.00 ADD NEW TYPE 15TS FOUNDATION 1 1,600.00 E 1,600.00 14.00 E 1 14.00 ADD NEW TYPE 1A POLE(POLE Cl) 1 0.00 E 0.00 3.00 E 3.00 ADD NEW TYPE 1A FOUNDATION 1 300.00 E 300.00 4.00 E 4.00 ADD NEW PPB POST(POLE C2) 1 0.00 E 0.00 3.00 E 3.00 ADD PPB POST FOUNDATION 1 600.00 E 600.00 2.00 E 2.00 POTHOLE TS FOUNDATION/SLURRY BACKFILL 3 500.00 E 1,600.00 8.00 E 24.00 CHANGE FROM 3 SECTION TO 4 SECTION PER DETAIL A 2 400.00 E 800.00 0.00 E 0.00 DELETE SV-2-TA FOR POLE C 1 -600.00 E -600.00 -2.00 E -2.00 ADD SV-1-T FOR POLE C 1 600.00 E 600.00 2.00 E 2.00 ADD SV-1-T FOR POLE Cl 1 600.00 E 600.00 2.00 E 2.00 ADD SP-2-T FOR POLE Cl 1 500.00 E 500.00 2.00 E 2.00 ADD PEDESTRAIN PUISHBUTTON FOR POLE C2 1 150.00 E 150.00 1.00 E 1.00 4"PVC SCH80 CONDUIT 100 350.00 C 350.00 8.00 C 8.00 4"PVC TERMINATIONS 2 3,000.00 C 60.00 50.00 C 1.00 3"PVC SCH80 CONDUIT 90 295.00 C 265.50 7.00 C 6.30 3"PVC TERMINATIONS 4 2,500.00 C 100.00 50.00 C 2.00 1"PVC SCH80 CONDUIT 20 95.00 C 19.00 4.00 C 0.80 1"PVC TERMINATIONS 2 1,000.00 C 20.00 50.00 C 1.00 POTHOLE EXISTING UTILITIES FOR NEW CONDUIT WORK 10 500.00 E 5,000.00 8.00 E 80.00 NO.5 CONCRETE PULL BOX W/COVER 3 300.00 E 900.00 4.00 E 12.00 3 CONDUCTOR TS CABLE 140 1,000.00 M 140.00 8.00 M 1.12 CONCRETE DEMO 3 50.00 E 150.00 2.00 E 6.00. CONCRETE RESTORATION 3 300.00 E 900.00 4.00 E 12.00 ASPHALT RESTORATION(PER TON) 5 105.00 E 525.00 4.00 E 20.00 R5-1 REGULATORY SIGN INCL.BRACKET 1 200.00 E 200.00 2.00 E 2.00 GEXP.RO QUOTE DATED 12/14/2018 1 17,565.00 E 17,565.00 0.00 E 0.00 TOTALS 30,644.50 199.22 �% Gexpro 2099 S. 2099 S.STATE COLLEGE BLVD El.w-l5'wli`r,w,arrfmsrnaK SUITE 200 ANAHEIM,CA 92806 CHANGE ORDER QUOTE This Quotation supercedes all previous quotations and agreements relating to this transaction. Unless otherwise stated on this document(i) Our quotation for your use in submitting a job or project bid to your customer expires 30 days from the date hereof,and may be withdrawn earlier by as If prior to acceptance of your bid. (ii)All other quotations are subject to price increases in effect through time or shipment To: ELECNOR BELCO From: Karina Chavez ATTN:Olivia Phone#: 714-712-8526 Fax#: 714-712-8517 Job: 14-0291 Palm Springs Date: 12/14/2018 Re: REVISION UNIT EXTENDED CITY TYPE DESCRIPTION PRICE TOTAL 1 LOT LOT PRICE ADDER $17,865.00 $ 17, 665.00 REVISE INDIAN CYN&RAMON (3) POLE 1A-10 3 POLE PPBP5'7" REVISE INDIAN CYN&ARENAS (1) POLE Type 19-4-100 w/25&15 1 POLE PPBP 5'7" 1 POLE Type 26-4-100 w/40&15 ADD INDIAN CYN&LA PLAZA 1 POLE Type 15TS w/15 1 POLE PPBP 5'7" 1 POLE 1A-10 ADD INDIAN CYN&ANDREAS RD 1 ARM 15'LMA for existing Type 26-4-100 REVISE INDIAN CYN&AMADO RD (1) POLE Type 19-4-100 w/30&15 (1) POLE 1A-10 1 POLE Type 26-4-100 w/40&15 2 POLE PPBP 5'7" REVISE INDIAN CYN&ALEJO RD 1 POLE Type 29-5-100 w/50&15 to Type 29-5-100 w/55&15 1 POLE Type 29-5-100 w/50&12 to Type 29-5-100 w/50&15 REVISE INDIAN CYN&TACHEVAH DR 1 POLE PPBP 5'7" 1 LOT ANCHOR BOLTS REVISIONS 1 LOT LEOTEK LUMINAIRES INCREASE 8 ADD EC3-10M2-MV-NW-3-GY-700-WL-FFA Lead times are approximate,and not guaranteed. We cannot guarantee any dates provided,especially when outside factors,such as vendored material(he, current worldwide ballast shortage)may delay production/shipment Also be advised,we also cannot guarantee availability of stock quantities,as these quantities change throughout each day,as orders are processed nationwide. PLEASE FAX BACK THE FOLLOWING WRITTEN CONFIRMATION TO PROCEED WITH ORDER: PO/REF# SIGNED DATE Total: $ 17,666.00 All sales transactions are subject to credit approval.Any quotation and all transactions with Gexpro are conditioned upon Gexpro's Terms and Conditions of Sale located at https://www.Rexpro.com/use/ter SAndCanditions.Quotation is valid for 30 days after the date of Issue unless otherwise specified.Items subject to governmental tariffs effective on or after quotation will be price in effect at time of shipment unless otherwise specified.Quotation for commodity items is valid for the day ofthe quote only unless otherwise specked.All amounts quoted do not include state,local or municipal taxes.Taxes are added at time of sale. We hope that we shall be favored with your order. Icatdrse belco elecnor group December 11,2018 City of Palm Springs Serial No. 14-0291-008 3200 E.Tahquitz Canyon Way Palm Springs, CA 92262 Attention: Mr. Ryan Schultz,Construction Manager Reference: Indian Canyon Drive Two-Way Conversion and Pedestrian and Bicycle Safety Enhancements City of Palm Springs Project No. 17-08 Belco Job No. 14-0291 Subject: Price Proposal for Civil Improvements at N. Indian Canyon Dr. and Alejo Rd. Belco PCO No. 14-0291-3.00 Dear Mr. Schultz: Please consider this as Elecnor Belco Electric's price proposal for the additional scope of work to perform civil improvements at the intersection ofN. Indian Canyon Dr. and Alejo Rd. (Andaz Hotel) for the above referenced project. The following details are provided in this proposal: • Remove and dispose of existing PCC improvements. • Remove and dispose of existing pavement and base material. • Construct new curb ramp. • Construct sidewalk at new alignment. • Construct hot mix asphalt concrete. • Construct Class II aggregate base. • Provide traffic control. Our price to perform this work on a lump sum basis is$101,823.81. This change in scope of work will require 15 additional working days. If this proposal is acceptable,please provide a change order or written direction to proceed with this work. Should you have any questions or concerns,please do not hesitate to contact me at(909)993-5470 ext.263 or via email olivia.chea(aelecnor.com. W i 14320 Albers Way Chino, CA 91710 b We think about a better world (909) 993-5470 Office elevwr 4ruup www.elecnorbelco.com (909) 993-5476 Fax CA License 738518 belco elecnor group Sincerely, Elecnor Belco Electric, Inc. (VWAC--� Olivia Chea Senior Project Manager 14320 Albers Way _ Chino, CA 91710 b O We think about a better world (909) 993-5470 Office elecnor„wuU www.elecnorbelco.com (909) 993-5476 Fax CA License 738518 FIELD MATERIAL AND LABOR PRICE SUMMARY(See Plile Sheets Foy D-iis) BELCO PCO NO: 14-0291-3.00 DESCRIPTION MATERIAL$ LBR HRS. DATE: 12/11/2018 MATERIALS PAGE 2 $0.00 0.00 MATERIALS PAGE 3 $0.00 0.00 DESCRIPTION OF WORK OR CHANGE MATERIALS PAGE 4 $0.00 0.00 PROVIDE CIVIL IMPROVEMENTS AT N.INDIAN CANYON DR. MATERIALS PAGE 5 $0.00 0.00 AND ALEJO RD. MATERIALS PAGE 6 $0.00 0.00 MATERIALS PAGE 7 $0.00 0.00 SUBTOTAL $0.00 0 SALES TAX @ 9.00% $0.00 FREIGHT @ 4% $0.00 COST MARKUP TOTAL MISCELLANEOUS HARDWARE @ 5% $0.00 1 15% TOTAL MATERIAL COSTS: $0.00 $0.00 $0.00 FIELD LABOR BREAKDOWN HOURS RATE EXT$ GENERAL FOREMAN-REGULAR RATE 0 $106.79 $0.00 GENERAL FOREMAN-OT RATE 0 $145.95 $0.00 FOREMAN-REGULAR RATE 0 $98.92 $0.00 FOREMAN-OT RATE 0 $134.12 $0.00 JOURNEYMAN WIREMAN-REG. RATE 0 $91.03 $0.00 JOURNEYMAN WIREMAN-OT RATE 0 $122.30 $0.00 ELEC.APPRENTICE-REGULAR RATE 0 $81.52 $0.00 ELEC.APPRENTICE-OT RATE 0 $108.23 $0.00 LABORER-REGULAR RATE 0 $68.60 $0.00 LABORER-OT RATE 0 $92.64 $0.00 OPERATOR-REGULAR RATE 0 $92.87 $0.00 COST MARKUP TOTAL OPERATOR-OT RATE 0 $195.72 $0.00 20% TOTAL LABOR COSTS: $0.00 $0.00 $0.00 ENGINEERING COSTS HOURS RATE EXT$ PROJECT MANAGER 0 $90.00 $0.00 DESIGN ENGINEER(COORDINATION) 0 $75.00 $0.00 PROJECT ENGINEER 0 $60.00 $0.00 CAD ENGINEER 0 $50.00 $0.00 COST MARKUP TOTAL PROJECT ASSISTANT 0 1 $40.00 1 $0.00 20% TOTAL INDIRECT COSTS: $0.00 $0.00 $0.00 CODE EQUIP.(CALTRANS RATES) HOURS RATE EXT$ 06-12 PICKUP TRUCK/HR. 0 $20.29 $0.00 20-28 UTILITY WORK TRUCK/HR. 0 $71.82 $0.00 016-025 AIR COMPRESSOR ONLY/HR. 0 $15.48 $0.00 20-28 BATCH TRUCK W/MIXER/HR. 0 $40.38 $0.00 36-48 ICRANE TRUCK/HR. 0 $99.75 $0.00 12-20 BUCKET TRUCK/HR. 0 $71.69 $0.00 3AXL DUMP TRUCK(3 AXLES)/HR. 0 $72.07 $0.00 20-28 DELIVERY TRUCK(20K-28K)/HR. 0 $36.04 $0.00 12-20 WATER TRUCK(12K-20K)/HR. 0 $33.46 $0.00 DUMP TRAILER/HR. 0 $15.00 $0.00 TM ARROWBOARD/HR. 0 $2.85 $0.00 2509J BACKHOE(JD 410G)/HR. 0 $60.73 $0.00 BACKHOE TRAILER/HR. 0 $20.00 $0.00 TRENCHER/DAY 0 $225.00 $0.00 COST MARKUP TOTAL 15% TOTAL TOOLS/EQUIP.COSTS: $0.00 $0.00 $0.00 SUBCONTRACTS QTY U/M EXT$ ALL AMERICAN ASPHALT 1 $96,088.50 $96.088.50 $0.00 COST MARKUP TOTAL $0.00 5% TOTAL SUBCONTRACT COSTS: $96,088.50 $4,804.43 $100,892.93 COST MARKUP TOTAL SUBTOTAL COSTS: $96,088.50 $4,804.43 $100,892.93 SUBTOTALI PERCENT I EXT$ DESIGN SERVICES $0.00 7.75% 1 0.00 $0.00 BONDING $93,088.50 1 1.00% 1 $930.89 $930.89 GRAND TOTAL OF THIS CHANGE ORDER: $101,823.81 ALL AMERICAN ASPHALT ALL AMERICAN AGGREGATES 1 ENGINEERING'.CONTRACTORS—ASPHALT PAVING ALL AMERICAN P.O.sox 2229.CORONA.CA 92878=22291 . . ASPHALT STATE CONTRACTORS LICENSE4267073-A 13111 4I000001051 To: Elecnor Belco Electric,Inc. Contact: John Wong Address: 14320 Albers Way Phone: (909)993-5470 Chino,CA 91710 Fax: (909)993-5476 Project Name: N.INDIAN CANYON DR.&ALEJO RD. Bid Number: Project Location: CITY OF PALM SPRINGS Bid Date: 12/10/2018 Item# Item Description Estimated Qty Unit Unit Price Total Price 1 REMOVE AND DISPOSE OF EXISTING PCC 431.00 LF $4.50 $1,939.50 IMPROVEMENTS 2 REMOVE AND DISPOSE OF EXISTING 1,972.00 LF $7.00 $13,804.00 PAVEMENT&BASE MATERIAL 3 CONSTRUCT CURB RAMP 431.00 SF $45.00 $19,395.00 4 CONSTRUCT SIDEWALK AT NEW ALIGNMENT 1,046.00 SF $45.00 $47,070.00 5 CONSTRUCT HOT MIX ASPHALT CONCRETE 28.00 TON $275.00 $7,700.00 6 CONSTRUCT CLASS II AGGREGATE BASE 12.00 CY $215.00 $2,580.00 7 TRAFFIC CONTROL/MOBILIZATION 1.00 LS $3,600.00 $3,600.00 TOTAL PRICE FOR ABOVE ITEMS: $96,088.50 Notes: •Bonds,Engineering,Testing,Permits&Inspection Fees,Surveying&Staking, Potholing,Posting by others. •Quantities used are approximate and are subject to physical measurement.Corrections,if necessary,will be made with unit prices applying. •Construction water and water truck accessible to our equipment and immediately adjacent to our work area to be supplied by others. •Lowering and/or Raising of Utilities by others(Unless otherwise noted above). •Excludes:TC Plan,Trench Plates,Joint Seal,Weedkill,Concrete Additives,Color PCC(Unless otherwise noted above),Steel Reinforcement,Crackfill,Water Test,Aggregate Base(Unless otherwise noted above),Fogseal, Striping,Electrical. •Traffic Control included(AAA Portion Only). Price based on ONE(1)move-in.Cost of additional moves will be billed at$4,000.00 per move. •For scheduling of the above quoted work,please contact Cody Gawryluk at(951)473-7575.We thank you in advance for choosing All American Asphalt for all of your Roadway Improvement needs. ACCEPTED: CONFIRMED: The above prices,specifications and conditions are satisfactory All American Asphalt and hereby accepted. . Buyer: Signature: Authorized Signature: Date of Acceptance: Estimator: GAWRYLUK,CODY (951)473-7575 cgawryluk@allamericanasphalt.com Page 1 of 1 belco elecnor group April 26,2019 City of Palm Springs Serial No. 14-0291-019 3200 E.Tahquitz Canyon Way Palm Springs, CA 92262 Attention: Mr.Ryan Schultz,Construction Manager Reference: Indian Canyon Drive Two-Way Conversion and Pedestrian and Bicycle Safety Enhancements City of Palm Springs Project No. 17-08 Belco Job No. 14-0291 Subject: Price Proposal for Labor and Material Escalation Postponement of Project Start Date Belco PCO No. 14-0291-5.00 City of Palm Springs Response Letter, dated March 4,2019 Dear Mr. Schultz: Elecnor Belco Electric is in receipt of your response regarding our Belco PCO No. 14-0291-5.00 regarding our price proposal for Labor and Material Escalation for the above referenced project. Please consider this as Elecnor Belco Electric's closure to request compensation for Change in Labor Productivity Due to Extreme Weather and will only seek material escalation due to tariff increase. The price for the material increase is $3,908.87. If this proposal is acceptable,please provide a change order at your earliest. Should you have any questions or concerns, please do not hesitate to contact me at (909) 993-5470 ext. 263 or via email olivia.chea@elecnor.com. Sincerely, Elecnor Belco Electric, Inc. Olivia Chea Senior Project Manager 14320 Albers Way Chino, CA 91710 b�e�o We think about a better world (909) 993-5470 Office elecnor group www.elecnorbelco.com (909) 993-5476 Fax CA License 738518 FIELD MATERIAL AND LABOR PRICE SUMMARY(S.. P,,.a S-.- D--.) BELCO PCO NO: 14-0291-5.00 DESCRIPTION MATERIAL$ LBR HRS. DATE: 2/7/2019 MATERIALS PAGE 2 $2,852.00 0.00 MATERIALS PAGE 3 $0.00 0.00 DESCRIPTION OF WORK OR CHANGE MATERIALS PAGE 4 $0.00 0.00 PRICE ESCALATION FOR POSTPONING START OF PROJECT. MATERIALS PAGE 5 $0.00 0.00 MATERIALS PAGE 6 $0.00 0.00 MATERIALS PAGE 7 $0.00 0.00 SUBTOTAL $2,852.00 0 SALES TAX @ 9.00% $256.68 FREIGHT @ 4% $114.08 COST MARKUP TOTAL MISCELLANEOUS HARDWARE @ 5% $142.60 15% TOTAL MATERIAL COSTS: $3,365.36 $504.80 $3,870.16 FIELD LABOR BREAKDOWN HOURS RATE EXT$ GENERAL FOREMAN-REGULAR RATE 0 $106.79 $0.00 GENERAL FOREMAN-OT RATE 0 $145.95 $0.00 FOREMAN-REGULAR RATE 0 $98.92 $0.00 FOREMAN-OT RATE 0 $134.12 $0.00 JOURNEYMAN WIREMAN-REG.RATE 0 $91.03 $0.00 JOURNEYMAN WIREMAN-OT RATE 0 $122.30 $0.00 ELEC.APPRENTICE-REGULAR RATE 0 $81.52 $0.00 ELEC.APPRENTICE-OT RATE 0 $108.23 $0.00 LABORER-REGULAR RATE 0 $68.60 $0.00 LABORER-OT RATE 0 $92.64 $0.00 OPERATOR-REGULAR RATE 0 $92.87 $0.00 COST MARKUP TOTAL OPERATOR-OT RATE 0 $195.72 $0.00 20% TOTAL LABOR COSTS: $0.00 $0.00 $0.00 ENGINEERING COSTS HOURS RATE EXT$ PROJECT MANAGER 0 $90.00 $0.00 DESIGN ENGINEER(COORDINATION) 0 $75.00 $0.00 PROJECT ENGINEER 0 $60.00 $0.00 CAD ENGINEER 0 $50.00 $0.00 COST MARKUP TOTAL PROJ ECT ASSISTANT 0 $40.00 $0.00 20% TOTAL INDIRECT COSTS: $0.00 $0.00 $0.00 CODE EQUIP.(CALTRANS RATES) HOURS RATE EXT$ 06-12 PICKUP TRUCKIHR. 0 $20.29 $0.00 20-28 UTILITY WORK TRUCK/HR. 0 $71.82 $0.00 016-025 AIR COMPRESSOR ONLY/HR. 0 $15.48 $0.00 20-28 BATCH TRUCK W/MIXER/HR. 0 $40.38 $0.00 36-48 ICRANE TRUCK/HR. 0 $99.75 $0.00 12-20 BUCKET TRUCK/HR. 0 $71.69 $0.00 3AXL DUMP TRUCK(3 AXLES)/HR. 0 $72.07 $0.00 20-28 DELIVERY TRUCK(20K-28K)/HR. 0 $36.04 $0.00 12-20 WATER TRUCK(12K-20K)/HR. 0 $33.46 $0.00 DUMP TRAILER/HR. 0 $15.00 $0.00 TM ARROWBOARD/HR. 0 $2.85 $0.00 2509J BACKHOE(JD 410G)/HR. 0 $60.73 $0.00 BACKHOE TRAILER/HR. 0 $20.00 $0.00 TRENCHER/DAY 0 $225.00 $0.00 COST MARKUP TOTAL 15% TOTAL TOOLS/EQUIP.COSTS: $0.00 $0.00 $0.00 SUBCONTRACTS QTY U/M EXT$ $0.00 $0.00 COST MARKUP TOTAL $0.00 5% TOTAL SUBCONTRACT COSTS: $0.00 $0.00 $0.00 COST MARKUP TOTAL SUBTOTAL COSTS: $3,365.36 $504.80 $3,870.16 5UBTOTALI PERCENT I EXT$ DESIGN SERVICES $0.00 7.75% $0.00 $0.00 BONDING $3,870.16 1.00% $38.70 $38.70 GRAND TOTAL OF THIS CHANGE ORDER: $3,908.87 BELCO MATERIALS AND OPERATIONS BREAKDOWN PROJECT: PCO NO: DIRECTIVE NO: ESTIMATED BY CHECKED BY DATE 4/26/2019 MATERIAL OR OPERATION QTY PRICE PER EXT.PRICE LABOR UNIT PER EXT.LABOR TEMPLE LED EDGELIGHT ISNS(3%INCREASE) BID PRICE-$2,100.00/EA 34 63.00 E 2,142.00 0.00 E 0.00 LED LUMINAIRES(5%INCREASE)-BID PRICE$335.00/EA 40 17.75 E 710.00 0.00 E 0.00 TOTALS 2,852.00 0.00 AGREEMENT (CONSTRUCTION CONTRACT) THIS AGREEMENT made this Itday of nU)�D`J� 20Lq, by and between the City of Palm Springs, a charter city, organized and existing in the County of Riverside, under and by virtue of the laws of the State of California, hereinafter designated as the City, and Elecnor Belco Electric, Inc., a California corporation, hereinafter designated as the Contractor. The City and the Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 -- THE WORK For and in consideration of the payments and agreements to be made and performed by City, Contractor agrees to furnish all materials and perform all work required to complete the Work as specified in the Contract Documents, and as generally indicated under the Bid Schedule(s)for the Project entitled: INDIAN CANYON DRIVE TWO-WAY CONVERSION AND PEDESTRIAN SAFETY ENHANCEMENTS CITY PROJECT NO. 17-08 The Work includes Indian Canyon Drive and a total of eleven (11) intersections between Tachevah Drive and Camino Parocela in the City of Palm Springs, and includes removal and replacement of existing sidewalks, ADA ramps, curbs, gutters, cross gutters, asphalt pavement; removal of existing and installation of new traffic striping, signage and markings; modification of existing traffic signals located at Tachevah Drive, Tamarisk Road, Alejo Road,Amado Road, Andreas Road,Tahquitz Canyon Way, La Plaza, Arenas Road, Baristo Road, Ramon Road, and Camino Parocela; and all appurtenant work as identified in the construction drawings, specifications and Special Provisions. ARTICLE 2 -- COMMENCEMENT AND COMPLETION The Work to be performed under this Contract shall commence on the date specified in the Notice to Proceed by the City, and the Work shall be fully completed within the time specified in the Notice to Proceed. The City and the Contractor recognize that time is of the essence of this Agreement, and that the City will suffer financial loss if the Work is not completed within the time specified in Article 2, herein, plus any extensions thereof allowed in accordance with applicable provisions of the Standard Specifications, as modified herein. They also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the City if the Work is not completed on time. Accordingly, instead of requiring any such proof, the City and the Contractor agree that as liquidated damages or delay (but not as a penalty), the Contractor shall pay the City the sum specified in Section 6-9 of the Special Provisions for each calendar day that expires after the time specified in Article 2, herein. In executing the Agreement, the Contractor acknowledges it has reviewed the provisions of the Standard Specifications, as modified herein, related to liquidated INDIAN CANYON DRIVE ORIGINAL BID CITY PROJECT NO. 17-08 AGREEMENT FORM DATE June 14,2018 AGREEMENT AND BONDS-PAGE 1 AND10R AGREEMENT damages, and has made itself aware of the actual loss incurred by the City due to the inability to complete the Work within the time specified in the Notice to Proceed. Termination Prior to Expiration of Term. City may terminate this Agreement for its convenience at any time, without cause, in whole or in part, upon giving Contractor forty- five (45) days written notice. Where termination is due to the fault of Contractor and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be reasonably determined by the City given the facts and circumstances. Upon such notice, City shall pay Contractor for Services(inclusive of profit, overhead and general conditions for the work completed) performed through the date of termination in accordance with the Contract Documents; and shall reimburse Contractor for its actual costs incurred in terminating any subcontracts, purchase orders, and any other contracts entered into on behalf of City, together with Contractor's demobilization costs. Upon receipt of such notice, Contractor shall promptly cease all work under this Agreement, unless stated otherwise in the notice or by written authorization of the Contract Officer. After such notice, Contractor shall have no further claims against the City under this Agreement, (except costs incurred due to delays caused by City or anyone controlled by City). Upon termination of the Agreement under this section, Contractor shall submit to the City an invoice for work and services performed prior to the date of termination. ARTICLE 3 -- CONTRACT PRICE The City shall pay the Contractor for the completion of the Work, in accordance with the Contract Documents, in current funds the Contract Price(s) named in the Contractor's Bid Proposal and Bid Schedule(s), and any duly authorized Construction Contract Change Orders approved by the City. The amount of the initial contract award in accordance with the Contractor's Bid Proposal is Four Million Four Hundred Sixty Four Thousand Eight Hundred Fifty Seven Dollars and Zero Cents ($4,464,857.00). Contractor agrees to receive and accept the prices set forth herein, as full compensation forfumishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the 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 Contract Documents; and, also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the Work, suspension of discontinuance of the Work, and all other unknowns or risks of any description connected with the Work. ARTICLE 4-- THE CONTRACT DOCUMENTS The Contract Documents consist of the Notice Inviting Bids, Instructions to Bidders, the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations, the accepted Bid and Bid Schedule(s), List of Subcontractors, Local Business Preference Program — Good Faith Efforts, Non- Discrimination Certification, Non-Collusion Declaration, Bidder's General Information, Bid Security or Bid Bond, this Agreement, Worker's Compensation Certificate, Performance Bond, Payment Bond, Standard Specifications, Special Provisions, the Drawings, Addenda numbers 01 to 01, inclusive, and all Construction Contract Change Orders and Work INDIAN CANYON DRIVE CITY PROJECT NO. 17-08 AGREEMENT FORM DATE June 14,2018 AGREEMENT AND BONDS-PAGE 2 Change Directives which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto. ARTICLE 5 -- MUTUAL OBLIGATIONS For and in consideration of the payments and agreements to be made and performed by the City, the Contractor agrees to furnish all materials and perform all work required for the above stated project, and to fulfill all other obligations as set forth in the aforesaid Contract Documents. City hereby agrees to employ, and does hereby employ, Contractor to provide the materials, complete the Work, and fulfill the obligations according to the terms and conditions herein contained and referred to, for the Contract Price herein identified, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the Contract Documents. Contractor specifically acknowledges and agrees to be bound by the Wage Rates and Labor Code requirements specified in the Contract Documents, including the requirement to furnish electronic certified payroll records directly to the Labor Commissioner (via the Division of Labor Standards Enforcement), and shall pay the general prevailing rate of per diem wages as determined by the Director of the Department of Industrial Relations of the State of California. ARTICLE 6 -- PAYMENT PROCEDURES The Contractor shall submit Applications for Payment in accordance with the Standard Specifications as amended by the Special Provisions. Applications for Payment will be processed by the City Engineer as provided in the Contract Documents. ARTICLE 7 -- NOTICES Whenever any provision of the Contract Documents requires the giving of a written Notice between the parties, it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the Notice. ARTICLE 8 -- INDEMNIFICATION The Contractor agrees to indemnify and hold harmless the City, and all of its officers and agents from any claims, demands, or causes of action, including related expenses, attorney's fees, and costs, based on, arising out of, or in any way related to the Work undertaken by the Contractor hereunder. This Article 8 incorporates the provisions of Section 7-15 "Indemnification," of the Special Provisions, which are hereby referenced and made a part hereof. Prevailing Wages. Contractor agrees to fully comply with all applicable federal and state labor laws including, without limitation California Labor Code Section 1720, et seq., and INDIAN CANYON DRIVE CITY PROJECT NO. 17-08 AGREEMENT FORM DATE June 14,2018 AGREEMENT AND BONDS-PAGE 3 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq. ("Prevailing Wage Laws"). 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, 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. ARTICLE 9 -- NON-DISCRIMINATION In connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin (i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a "prohibited basis'). Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City's lawful capacity to enter this Agreement, and in executing this Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non-discrimination in city contracting. ARTICLE 10 -- MISCELLANEOUS Terms used in this Agreement which are defined in the Standard Specifications and the Special Provisions will have the meanings indicated in said Standard Specifications and the Special Provisions. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. The City and the Contractor each binds itself, its partners, successors, assigns, and legal representatives, to the other party hereto, its partners, successors, assigns, and legal representatives, in respect of all covenants, agreements, and obligations contained in the Contract Documents. SIGNATURES ON NEXT PAGE INDIAN CANYON DRIVE CITY PROJECT NO. 17-08 AGREEMENT FORM DATE June 14,2018 AGREEMENT AND BONDS-PAGE 4 IN WITNESS WHEREOF, the City and the Contractor have caused this Agreement to be executed the day and year first above written. CITY OF PALM SPRINGS, APPROVED BY THE CITY COUNCIL: CALIFORNIA Date ';km u•� By David H. Read �n City Manager Agreement No. ATTE By Anthony `. Mejia, 4MC City Clerk APPROVED AS TO FORM: r Edward Z. K tkin City Attorney RECOMMENDED: Y Marcus L. Fuller, .E., P.L.S. Assistant City Manager/City Engineer INDIAN CANYON DRIVE CITY PROJECT NO. 17-08 AGREEMENT FORM DATE June 14,2018 AGREEMENT AND BONDS-PAGE 5 CONTRACTOR By: Elecnor Belco Electric, Inc., a California corporation Firm/Company Name By: �J #y: Signature (notarized) gnature (notarized) Name: 19Iha-'Vj Crt(C kt k � Title: EXeccAgC V, e Title: nSSiStanr SCCI�L 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. (This Agreement must be signed in the above (This Agreement must be signed in the above space space by one having authority to bind the by one having authority to bind the Contractor to the Contractor to the terms of the Agreement.) terms of the Agreement.) State of NcwAckY- ) State of MU AUO County of Sy"f Fo\k )ss County of C-f- \ )ss On 8 I CIA On (---"tU41&- 12l , -)c)kA before me, ILJCY-I[.t 111-)CLPCLn before me, L icyk4s MCLcuO personally appeared v (' \Gl personally appeared who proved to me on the basis of satisfactory who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are evidence to be the person(s) whose name(s)is/are subscribed to the within instrument and subscribed to the within instrument and acknowledged to me that he/she/they executed the acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s)on the instrument that by his/her/their signatures(s)on the instrument the person(s),or the entity upon behalf of which the the person(s),or the entity upon behalf of which the person(s) acted, executed the instrument. person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing laws of the State of California that the foregoing paragraph is true and correct. paragraph is true and correct. WITNESS my hand nd o WITNESS my hand an icial sea Notary Signatur Notary Signature Not eeaaII Notary Seal: L&I ROLEAN LINDA M°LEAN NOTARY PUBLIC,STATE O "W Y09K NOTARY PUBLIC.STATE OF NEW VORK N0.01 MC6173290 N0.01 MG6173290 QUALIFIED IN SUFFOLK CQUNTI' COMMISSION EXPIRES AUGUST 27,203-9 QUALIFIED IN suFFOLK coUN INDIAN CANYON DRIVE COMMISSION TY EXPIRES AUGUST 27,201 CITY PROJECT NO.17-08 AGREEMENT FORM DATE June 14,2018 AGREEMENT AND BONDS-PAGE 6 BID DOCUMENTS Only the following listed documents, identified in the lower right corner as "Bid Forms" shall be fully executed and submitted with the Bid at the time of opening of Bids. Bid (Proposal) Bid Schedules List of Subcontractors Local Business Preference Program Good Faith Efforts Non-Collusion Declaration Non-Discrimination Certification Bid Bond (Bid Security Form) Bidder's General Information Failure of a Bidder to fully execute and submit all of the listed documents with the Bid will render a Bid as non-responsive and subject to rejection. INDIAN CANYON DRIVE CITY PROJECT NO. 17-08 DATE June 14,2018 COVER SHEET BID FORMS-PAGE 1 BID PROPOSAL BID TO: CITY OF PALM SPRINGS, CALIFORNIA The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with the City in the form included in the Contract Documents (as defined in Article 4 of the Agreement) to perform the Work as specified or indicated in said Contract Documents entitled: INDIAN CANYON DRIVE TWO-WAY CONVERSION AND PEDESTRIAN AND BICYCLE SAFETY ENHANCEMENTS CITY PROJECT NO. 17-08 Bidder accepts all of the terms and conditions of the Contract Documents, including without limitation those in the Notice Inviting Bids and the Instructions to Bidders dealing with the disposition of the Bid Security. This Bid will remain open for the period stated in the Notice Inviting Bids, unless otherwise required by law. Bidder will enter into an Agreement within the time and in the manner required in the Instructions to Bidders, and will furnish the insurance certificates, Payment Bond, Performance Bond, and all Permits required by the Contract Documents. Bidder has examined copies of all the Contract Documents, including the following Addenda (receipt of which is hereby acknowledged): Number 1 Date 7/16/18 Number Date Number Date Number Date Number Date Number Date Number Date Bidder has familiarized itself with the nature and extent of the Contract Documents, the Work, the site, the locality where the Work is to be performed, the legal requirements (federal, state, and local laws, ordinances, rules, and regulations), and the conditions affecting cost, progress, or performance of the Work, and has made such independent investigations as Bidder deems necessary. INDIAN CANYON DRIVE CITY PROJECT NO.17-08 BID PROPOSAL DATE June 14,2018 BID FORMS-PAGE 2 —ALM Sp t' City of Palm Springs N a d Engineering Services Department 3200 East Tahquitz Canyon Way-Palm Springs,California 92262 44OF0NN� Tel:(760)323-8253- Fax:(760)322-8360-Web:www.palmspringsca.gov Addendum Number 1 Indian Canyon Drive Two-Way Conversion and Pedestrian and Bicycle Safety Enhancements City Project No. 97-08 To all prospective bidders under Specifications for Indian Canyon Drive Two-Way Conversion and Pedestrian and Bicycle Safety Enhancements City Project No. 17-08, which are to be received by the City of Palm Springs at the Office of the Procurement and Contracting Manager at 3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262, until 3:00 P.M. on July 24, 2018. The intent of this Addendum No. 1 is to respond to certain requests for information. I. The following responses to Requests for Information shall be acknowledged. Question 1: For the purpose of listing subcontractors are there any items considered specialty (such as signing & striping, electrical, cold milling, crack repair& slurry, or any other trades)that would not count against the 50% work requirement? Response 1: No specialty work. The street work is estimated to be about $1,270,000, electrical work is estimated to be $1,776,000, and striping is estimated to be $115,000. Question 2: For the purpose of verifying percentage of work for our bonding company can you provide a breakdown of the engineer's estimate showing the estimated value for electrical and striping? Response 2: Estimated totals are as follows: Electrical work$1,776,000, and striping$115,000. Question 3: Will there be any work limitations or additional requirements due to VillageFest? Response 3: No. As with any other project, the roadway shall be reopened for the public use at the end of each work day. Question 4: Pertaining to the requirements for the portable changeable message signs (special provisions—section 10 — page 9): This requires that the (6) boards be manufactured within the last 24 months, is there a reason that an older board in good working order would not be acceptable? Response 4: If a message board is in good working condition it will be acceptable. Question 5: Pertaining to the requirements for the portable changeable message signs (special provisions—section 10— page 9): Per this section the PCMS' are not to be included in the temporary traffic control line item, what line item should these be included in? Indian Canyon Drive Two-Way Conversion and Pedestrian and Bicycle Safety Enhancements City Project No. 17-08 Addendum No- 1 July 9, 2018 Page 2 Response 5: Delete following paragraph of Section 10-2.14 Portable Changeable Message Signs and replace with revised paragraph: Portable Changeable Message Signs shall be measured and paid for at the contract unit price per each and shall include full compensation for all labor, materials,tools, and equipment and for doing all work involved in furnishing and placing the signs per the Engineer and no additional compensation will be allowed. Revised paragraph: Portable Changeable Message Signs shall not be measured and paid for separately and shall be included in the lump sum price for Temporary Traffic Control and no additional compensation will be allowed. Question 6. Can you please provide a valid link to view plans & specs for the project mentioned above. The link provided in the Notice of Inviting is not valid or it has been deleted. Response 6: Please use this link: https7//www droobox-com/shJvOxsv63nzh4gain/AA1318d7EQsXP5ayTzogxsBz6@?dl=0 Question 7: On the Engineers Estimate. The Palm Springs City website states the Engineers Estimate is $3,312,000.00 and the Special Provision Book is stating $3,292,000.00. Can you please clarify the correct Estimate? Response 7: The correct Engineers Estimate is $3,312,000,00, II. The following changes shall be acknowledged in the Bid Schedule— Bid Forms 1. On Bid Forms — Page 7: For Bid Item 60. Install sign (standard size or as indicated) per CA-MUTCD; the estimated quantity was 17 each. The new estimated quantity is now 30 each. Delete Bid Forms - Page 7 in entirety and use revised page 7 included in this Addendum 1. 2. On Bid Forms—Page 8: For Bid Item 76.Apply thermoplastic shared roadway bicycle marking per Caltrans STD Plan No. A24C with green background; the estimated quantity was 460 each. The corrected estimated quantity is now 50 each. Delete Bid Forms - Page 8 in entirety and use revised page 8 included in this Addendum 1. Special Provisions as originally issued shall be used in submitting bids, and an acknowledgment of receipt of this Addendum No. 1 shall be entered on Page 2 of the Bid Forms. Failure to provide such acknowledgment may render the bid as non-responsive and subject to rejection Indian Canyon Drive Two-Way Conversion and Pedestrian and Bicycle Safety Enhancements City Project No. 17-08 Addendum No. 1 July 9, 2018 Page 3 Date: July 9, 2018 BY ORDER OF THE CITY OF PALM SPRINGS By _ J- Tliornas Garcia, .E. City Engineer RCE 48279 4aJohn Wong lec or Bel ctric, Inc. In conformance with the current statutory requirements of California Labor Code Section 1860, et seq., the undersigned confirms the following as its certification: I am aware of the provisions of Section 3700 of the Labor Code, which require every employer to be insured against liability for worker's compensation, or to undertake self- insurance in accordance with the provisions, before commencing the performance of the Work of this Contract. To all the foregoing, and including all Bid Schedule(s), List of Subcontractors, Non-Collusion Declaration, Bidder's General Information, and Bid Bond contained in these Bid Forms, said Bidder further agrees to complete the Work required under the Contract Documents within the Contract Time stipulated in said Contract Documents, and to accept in full payment therefor the Contract Price based on the Lump Sum or Unit Bid Price(s) named in the aforementioned Bidding Schedule(s). Dated: 7/23/18 Bidder: Elecnor Belco Electric, Inc. By: WJohn Won UU (Signature) Title: Vice President INDIAN CANYON DRIVE CITY PROJECT NO.17-08 BID PROPOSAL DATE June 14,2018 BID FORMS-PAGE 3 BID SCHEDULE Schedule of Prices for Construction of the: INDIAN CANYON DRIVE TWO-WAY CONVERSION AND PEDESTRIAN AND BICYCLE SAFETY ENHANCEMENTS CITY PROJECT NO. 17-08 Item Description Estimated Unit Unit Amount No. Quantity Price Mobilization, demobilization, and final LS YQ 1. cleanup (5% max) $ .00 2 Construct project identification signs 2 EA $ 3. Temporary Traffic Control --- LS $ 22-4 Do 4, Water Pollution Control --- LS $ 11� 163 .00 5. Clearing and grubbing --- LS Remove and dispose existing pavement 6. & base material 4948 SF, $ g DO $ gBy to Remove and dispose of existing curb & �' 1,264,264 LF $ pp $ tf 00 Remove and dispose of existing P.C.C. 8' improvements 6,908 SF $ 50D $ 34 h5%.00 9. Remove existing A.C. dike 36 LF $ ITS $ 432, 10. Remove existing median curb 1,855 LF $ 24.00 $ 44 520,4D 11. Remove existing bollards 4 EA $ 2 35VO Remove existing nuisance water drain 12. and cap existing 8° HDPE storm drain 2 EA pipe $ 2;553.:C $ 4�70b.DD Remove and re-install existing concrete 13. EA trash container 1 $ SF$•�D $ 58�.DD Remove existing median landscaping, 7356 SF hardscape, and irrigation , 14 $ 11.90 $ $0�91b.D0 15. Remove existing pavers 616 SF $ j $ 5312.DD Adjust existing water valve to grade per DWA STD DWG W111 (typ. All water valves) Contractor shall remove, lower, 16. and adjust valve stem as required during 5 EA roadway grinding and return to height to 5 2 15.OD finish grade. Concrete collar to be (� DD constructed. $ $ 17 1 EA $_ Adjust existing water meter to grade by 552q.20 $ 5 52q.6� contractor � INDIAN CANYON DRIVE CITY PROJECT NO. 17-08 DATE June 14,2018 BID SCHEDULE BID FORMS-PAGE 4 Item Description Estimated Unit Unit Amount No. Quantity Price Adjust existing sewer manhole to grade 18. per City of Palm Springs STD. DWG. No. 2 EA 402 $ $ (b 19. Construct class II aggregate base 100 CY $ 253 $ 3tvVD Grind pavement (1.5" Min) per detail on 2,978 SF 20 sheet $ 10 21 Uniform Micro-Milling /of existing 740,000 SF ���vn� Asphalt Concrete Pavement. $ �•�d $ W .X Crack-sealing and crack-filling, 22. construction of Rubber Polymer Modified 740,000 SF 2�3 $� Slurry(RPMS), and all appurtenant work. $ d 37 $ 10 23. Asphalt concrete(includes 1.5' overlay) 271 TON $ SSW $ 01 533,w Construct 4"thick sidewalk per City of Palm Springs STD. DWG. No. 210 4,512 SF 24 $ 9 I0D $ 40,4,W Construct sidewalk (red tone concrete — 25. match existing). 1,708 SF $ 15-00 $ 22 26 Aq Construct sidewalk (earth tone concrete 26. —match existing) 200 SF $ Z!1 (ro $ to 27 100 SF Construct sidewalk (16"x16" earth tone DO textured flag pavers-match existing) $ $ 1 f jao Construct sidewalk (multi-color & multi- shape pavers, geometric pattern, 28' coordinate with curb ramp - match 333 SF LLr flh existing) $ } Db $ 15 51 . b0 Construct 6" curb &gutter per City of 29' Palm Springs STD. DWG. No. 200 (A3) 450 LF $ tt� bC $ 21 Construct 8"curb &gutter per City of 30. Palm Springs STD. DWG. No. 200(A4) 126 LF $ NT.�D $ 5,y22.GYI Construct 12" curb & gutter per City of 31. Palm Springs STD. DWG. NO. 200 19 LF LO �l (modified) W $ �3. Construct variable height curb&gutter 32. see City of Palm Springs STD. DWG. 195 LF No. 200 $ UV $ I W Construct retaining curb per retaining 33. curb detail on sheet 2 266 LF curb 47 VG $ lZr502-CO Construct cross gutter and/or spandrel T 34. per City of Palm Springs STD. DWG. No. 1,365 SF 206 $ AR pD $ 4 .00 Construct curb ramp per City of Palm 35. Springs STD. DWG. No. 212 1,393 SF $ Construct curb ramp per City of Palm J 36 Springs STD. DWG. No. 213 791 SF $ I $ 32 .00 INDIAN CANYON DRIVE CITY PROJECT NO, 17-08 DATE June 14,2018 BID SCHEDULE BID FORMS-PAGE 5 Item Description Estimated Unit Unit Amount No. Quantity Price Construct curb ramp per City of Palm 37. Springs STD. DWG. No. 214 550 SF $ �l rul $ 22'9z.00 Construct modified driveway approach 38. (see Riverside County STD. DWG. No. 1 Fes, 207) $S12qq.D0 $ 51Zq`I.w Construct modified gutter for pedestrian 39. access 160 SF $ y M $ r�(� co Construct curb ramp per City of Palm 40. Springs STD. DWG. No. 214 (earth tone 1,543 SF concrete—match existing) $ i- - 'm $� 52D Construct curb ramp per City of Palm 41. Springs STD. DWG. No. 214 (red tone 150 SF color—match existing) Construct curb ramp per City of Palm Springs STD. DWG. No. 212 (12"x12" 42. red tone pavers, 8"x16" red tone pavers, 560 SF p 4"x6" blue ceramic tiles—match existing) $ 53'OD $ 2 1 Construct curb ramp per City of Palm Springs STD. DWG. No. 212 (mufti-color 43. & multi-shape pavers, geometric pattern 225 SF coordinate with sidewalk - match existing) 44. Install multi-color pavers (uni-decor style) 162 SF match existing $ 82•0� $ Construct red tone concrete pavement — match existing (see City of Palm Springs 45. STD. DGWG. No. 206 for thickness of 400 SF concrete) $ M"OD $ Install concrete street pavers 46. (rectangular red tone pavers in 251 SF �]] �7 herringbone style—match existing) $ " 1.00 $ Install hub pipe per curb-o-let model No. M 47. 308 LF CP-SP327H or equivalent $ Z7 $ �Fj YOB. Install hand rail per standard plans for 48. public works construction, STD. plan 40 LF �j 606-3, type B (install on type of curb) $ '�0 t/ $ S 2�0 49. Remove existing curb 164 LF INDIAN CANYON DRIVE CITY PROJECT NO. 17-08 DATE June 14,2018 BID SCHEDULE BID FORMS-PAGE 6 Item Description Estimated Unit Unit Amount No. Quantity Price 50. Install Traffic Bollards 8 EA $��yl D� $ 5�r Install Nuisane water drain per City of Palm 51. EA Springs STD, DWG. No.710 2 Construct 6' H.D.P. ads N12 pipe of 52. equivalent 50 LF $ Ili $ q �y 53. Install ads coupler for 8'pipe or equivalent 2 EA $ W(D S Trim existing bushes / hedges per line of ' site requirements 1 LS $1 U4 j $ i Install rectangular gray stepping pavers 55. (match existing) and relocate existing rocks 204 SF 44 MM as directed by city engineer $ 2� DID $ Construct 6' A.C. dike per City of Palm 56. Springs STD. DWG. No. 200(E1) 35 LF $ Eq ,bb $ 2 U25 OD Construct curb ramp per City of Palm Springs STD. DWG No. 212 (match '�' existing concrete color, texture, and 128 SF yl 1 patterns) SIGNING&STRIPING Remove and salvage existing sign to city 58. yard 86 EA Relocate existing sign to a new location as 59. shown on plan. 25 EA Install sign (standard size or as indicated) F� 60. per CA-MUTCD. 30 EA $ l j.c $ IIJ'0.D� Paint 6' dashed white lane line per 61, Caltrans standard plans, Plan No. A20A, 8,815 LF l �15 Ob detail 9. $ I $ Paint 6" dashed white lane line extensions 62, through intersections per Caltrans standard 920 LF plans, Plan No.A20D, detail 40. $ I.�� S Paint 2'x10'with 2'gap continental 63. crosswalk as shown on plan per Caltrans 380 SF standard plans, Plan No.A24F. 64, Apply thermoplastic 6"solid white line 1,435 LF $ I.61D $ )' 3y g. 00 65. Apply thermoplastic 12"solid white limit line 1 128 LF ^ per city of palm springs DWG No.625 $ 5 Oy $ Apply thermoplastic 6"I6" double solid 66. yellow stripe per Caltrans standard plans, 2,320 LF I Plan No. A20A, detail 22. 67. 1Apply 6" white thermoplastic solid line per Caltrans revised standard plan A208, detail 230 LF 276. $ �d $ INDIAN CANYON DRIVE CITY PROJECT NO,17.08 DATE June 14,2018 BID SCHEDULE BID FORMS•PAGE 7 R Item Description Estimated Unit Unit Amount No. Quantity Price Apply thermoplastic 6"/6" double solid 68. yellow stripe median islands per Caltrans 860 LF 3 qg standard plans, Plan No. A20B, detail29. a.� $ QQ Apply thermoplastic two-way left turn lane 69, per Caltrans standard piers, Plan No. 4,375 LF A20B,detail 32. $ 17 54b,Ob Apply thermoplastic B" solid white 70, channelizing line per Caltrans standard 5,155 LF plans, Plan No.A200, detail 38. $ LOD $ 5;155.OD Apply thermoplastic arrow marking per 71. Caltrans standard plans, Plan No.A24A. 2,700 EA $ Lo $ 13 5c0 Apply thermoplastic pavement legend per 72. Caltrans standard plans, Plan No.A24D, 204 EA $ 5'� $ I 1 d`La•d� Apply thermoplastic 2'x10'with 2' gap white continental crosswalk as shown on plans 73. per Caltrans standard plans, plan no. 12,820 SF 7 A24F. $ 3,� $ D 74. Apply thermoplastic 4"solid white line. 1,020 LF Apply thermoplastic 8" dashed white lane 75, drop line at intersection per Caltrans 1,490 LF y standard plans, Plan No. A20C,detail 37B $ �'� $ 2 f •fit/ Apply thermoplastic shared roadway 76 bicycle marking A24C with greenper Caltrans background STD Plan No. 50 EA $ III bD $ 55. 10D ZO Apply thermoplBS2astic 8" diagonal white , 1 'DO 77. hatch at 20'spacing. 570 LF $ 2.t� 5 Apply thermoplastic 8" solid white gore 78. treatment per Caltrans standard plans, plan 400 LF no.A20C, detail 36. Apply thermoplastic 6"solid white bike lane 79. line per Caltrans standard plans, plan no. 11,064 LF $ I,DD A20D, detail 39. D Apply thermoplastic 6"dashed white 80, intersection bike lane line per Caltrans 125 LF standard plans, Plan No.A20D, detail 39A. $ I $ TRAFFIC SIGNAL Traffic signal modification for the al. intersection of Palm Canyon Drive and 1 EA Camino Parcela $2`L $ 2L5 313 •OD Traffic signal modification for the 82. intersection of Indian Canyon Drive and 1 EA Ramon Road $25� S�� Traffic signal modification for the 83. intersection of Indian Canyon Drive and 1 EA Baristo Road $ E,LZ7 00 $ 27 .0 INDIAN CANYON DRIVE CITY PROJECT NO. 17-08 DATE June 14,2018 BID SCHEDULE BID FORMS-PAGE 8 R Item Description Estimated Unit Unit Amount No. Quantity Price Traffic signal modification for the 84. intersection of Indian Canyon Drive and 1 EA Arenas Road Traffic signal modification for the 85. intersection of Indian Canyon Drive and La 1 EA Plaza $ IDD $ IOy 37$.00 Traffic signal modification for the 86. intersection of Indian Canyon Drive and 1 EA Tahqitz Canyon Way $ 211,305P $ 211 ,70 AD Traffic signal modification for the 87. intersection of Indian Canyon Drive and 1 EA Andreas Road $AN-21D $ 8 5 Traffic signal modification for the 88. intersection of Indian Canyon Drive and 1 EA $�� Zh7 $ 11 7b7 Amado Road J� Traffic signal modification for the 89, intersection of Indian Canyon Drive and 1 EA $264 147.0D $ 264 197 00 Ale o Road I Traffic signal modification for the go. intersection of Indian Canyon Drive and 1 EA / Tamarisk Road $ I p $4 i 146 94 Iwo Traffic signal modification for the 91. intersection of Indian Canyon Drive and 1 EA $Zy 72 Tachevah Drive Remove existing street lights and replace 92. EA with LED street lights 40 $ Jr •Q� $ a 93, Field Orders* --- AL $ 150,000 TOTAL OF ALL ITEMS OF THE BID SCHEDULE: $ '� 57 . 00 (Price in figures) r� roue P1icLton) -Foul 00VPiEn SIKTY - T(Crl THcV5AND 61WK tWNDCEfj FIF-TY-6yW (Price in words) * An allowance has been provided for Field Orders in accordance with Section 9-3.6 of the special provisions. The Contractor shall be limited to payment for Field Orders authorized by the Engineer up to and not exceeding the allowance specified. QUANTITIES OF WORK: The quantities of work or material stated in the unit price items of the Bid Schedule are supplied only to give an indication of the general scope of the Work. The City does not expressly nor by implication agree that the actual amounts of work or material will correspond therewith, and reserves the right after award to increase or decrease the quantity of any unit price bid item, by an amount up to 25 percent of increase or decrease, without a change in the unit prices, and shall have the right to delete any bid item in its entirety, and receive full credit in the amount shown in the Bid Schedule for the deleted item of Work. INDIAN CANYON DRIVE CITY PROJECT NO. 17-08 DATE June 14,2018 BID SCHEDULE BID FORMS-PAGE 9 SPECIAL NOTE: In the event of any "missing" bid items or scope of work not otherwise included or identified in the Bid Schedule, but indicated or required by the Plans and Specifications, the Contractor shall prosecute the work as required by the Plans and Specifications, and payment for any "missing" bid items or scope of work shall be included in the various bid items of work, and no additional payment will be allowed therefore. Elecnor Belco Electric, Inc. Name of Bidder or Firm INDIAN CANYON DRIVE CITY PROJECT NO. 17-08 DATE June 14,2018 BID SCHEDULE BID FORMS-PAGE 10 BIDDER'S LIST OF SUBCONTRACTORS As required under Section 4104 of the Public Contract Code, the Bidder shall list below the name and the location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement, in an amount in excess of one-half of 1 percent of the prime contractor's total bid or, in the case of bids for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the prime contractor's total bid or ten thousand dollars ($10,000), whichever is greater. After the opening of Bids, no changes or substitutions will be allowed except as otherwise provided by law. The listing of more than one subcontractor for each item of Work to be performed with the words "and/or" will not be permitted. Failure to comply with this requirement will render the Bid as non-responsive and may cause its rejection. Special Note: The Prime Contractor shall perform not less than 50% of the Work identified in this Bid. In the event a Bidder lists subcontractors who will perform Work under this Bid in excess of 50% of the Work identified in this Bid, the Bid shall be considered non-responsive. A. BIDDER'S PORTION OF WORK Page 1 of 1. Name of Prime Contractor: Elecnor Belco Electric, Inc. 2. Bid Items/Portion of Work to be Self-Performed (if less than 100%of the contract): i - �2 3. Dollar Amount of Work Self- 4. Percentage of Work Self- 5. Date: Performed: Performed: , 9 i s; 0 22 .0C �j, 3rA 7/23118 By signing the Bid Form,Contractor hereby certifies that it will perform not less than 50% of the Contract Work with its own forces. B. LIST OF SUBCONTRACTORS Type of Subcontractor(Check One) First Tier, El Second Tier. El Supplier, ❑ Service C or(e.g. Truc 2. Subc ractor Name: j W "oY vemeni 3. Address: 2 VCYIVY 3 4. Bid Items/Portion of Work: 8 a YL 5. CP�hon No. n Cot tor's icense No.: 7. Annual Gross Receipts: ^ 14Jc_ `�� �me1(0 0 <$1M 0 <$5M <$10M 4. Amount of Contra Q ark: 9. DIR Public Work ontractor ❑ <$15M ❑ >$15M IS Registration No: I 10. Per age of Contracted Work: 11 DBE Firm? ❑ Yes )(No 1 . E Certification No.: INDIAN CANYON DRIVE CITY PROJECT NO. 17-08 DATE June 14,2018 LIST OF SUBCONRACTORS BID FORMS-PAGE 11 BIDDER'S LIST OF SUBCONTRACTORS - (Continued) Copy this page as needed to provide a complete listing. Page I Of 1. Type of Subcontractor(Check One) A First Tier; ❑ Second Tier; ❑ Supplier; ❑ Service Contractor(e.g. Trucking) 2. Subcontractor Name: LL. A E 1 a 5f4hl-' 3. Address: _ 0. $tix Mai GV01,:A C><1 �287 4. Bid Items/Portion of Work: S7 CI✓ 5. Phone No.: 6. Contractor's License No.: 7. Annual Gross Receipts: �51- 473 --7575 2(n7o 7:3 ❑ <$1M ❑ <$5M ❑ <$10M 8. Amount of Contracted Work: 9. DIR Public Works Contractor ❑ <$15M ]K>$15M Registration No: 9 133� (�77 . �� 10DCw(51 10. P rcentage of Contracted Work: 11 DBE Firm? ❑ Yes X No 12. DBE Certification No.: 1. Type of Subcontractor(Check One) XlFirst Tier; ❑ Second Tier; ❑ Supplier; ❑ Service Contractor(e.g. Trucking) 2. Subcontractor Name: _ WI F-A ic- 'SP>`u 14 L,.5- 3. Address: r n q 1p� So� 'irliFti' C + 6CA t 4. Bid Items/Portion of Work: z?- 5. Phone No.: 6. Contractor's License No.: 7. Annual Gross Receipts: 71i - 1i`rD 77V(v 0 <$1M 0 <$5M x< $10M 8. Amount of Contracted Work: 9. DIR Public Works Contractor ❑ <$15M ❑ >$15M 2.Io 15E 3 Registration No: Iowa )3 10. Percentage of Contracted Work: 11. DBE Firm? ❑ Yes ;KNo 12. DBE Certification No.: 1 � 1. Type of Subcontractor(Check One) ❑ First Tier; ❑ Second Tier; ❑ Supplier; ❑ Service Contractor(e.g. Trucking) 2. Subcontractor Name: 3. Address: 4. Bid Items/Portion of Work: 5. Phone No.: 6. Contractors License No.: 7. Annual Gross Receipts: 0 <$1M 0 <$5M 0 <$10M 8. Amount of Contracted Work: 9. DIR Public Works Contractor ❑ <$15M ❑ >$15M Registration No: 10. Percentage of Contracted Work: 11. DBE Firm? ❑ Yes ❑ No 12. DBE Certification No.: INDIAN CANYON DRIVE CITY PROJECT NO. 17-08 DATE June 14,2018 LIST BID FORMS FORMS-PAGE 122 OF RACTOR BID LOCAL BUSINESS PREFERENCE PROGRAM - GOOD FAITH EFFORTS City Proiect No. 17-08 Bid Opening Date July 24, 2018 The contract for this project is subject to the provisions of Palm Springs Ordinance No. 1756, and Section 7.09.030 of the Palm Springs Municipal Code, "Local Business Preference Program", subsection (5) "Local Preference in Public Works Contracts (Sub-Contracting)", which states: The prime contractor shall use good faith efforts to sub-contract the supply of materials and equipment to local business enterprises and to sub-contract services to businesses whose work force resides within the Coachella Valley. The prime contractor shall submit evidence of such good faith efforts at the time of submission of bids. Good faith efforts may be evaluated by placing advertisements inviting proposals in local newspapers, sending request for proposals to local sub-contractors, or by demonstrating that no local sub-contracts are qualified to perform the work or supply the materials or equipment. Any notice inviting bids which may require the use of sub-contractors shall include notification of this subsection. The City Council or Director may reject as non-responsive the bid of any contractor proposing to use sub-contractors that fail to comply with the requirements of this subsection. FAILURE TO IDENTIFY GOOD FAITH EFFORTS ON THESE FORMS MAY BE SUFFICIENT CAUSE TO FIND THE BID NON-RESPONSIVE. BIDDERS SHALL ENSURE ALL APPROPRIATE GOOD FAITH EFFORTS ARE IDENTIFIED. Bidders shall provide sufficient information to demonstrate that they have made good faith efforts to comply with Palm Springs Ordinance No. 1756. In the event no local firm (as defined in Ordinance No. 1756) is listed as a subcontractor on the "List of Subcontractors' submitted with its Bid, Bidders shall identify local subcontractors not required to be identified on the List of Subcontractors, and/or shall identify local firms with whom the Bidder has solicited to furnish materials and supplies for incorporation into the work of this project. Local Subcontractors not listed on the List of Subcontractors: UCA1�':�E �cx%5ir�c�-7��N - SCOPE cF �Cru n;z ; Cc,r.1t'cET� wPECIOIL �4V6ry6fy NlA>`�IN�S pKiC£ L0--j Local firms that will furnish materials or supplies to the Bidder for this project: P_"IIISONS" Pt22-1 MI � 14400 \4 2 14L e-V- jye .lo 9rrtrls, c�} gZ2n ID6SMkf eLcxq►i-t I. 4605 e, 5 u NO-4 D111J>SS 4. P" gm�ta�,c a-%.2.&y WkKcop IIJIbL*,S" q2--92.1 NVI0� INDIAN CANYON DRIVE CITY PROJECT NO. 17-08 LOCAL BUSINESS PREFERENCE PROGRAM DATE June 14,2018 GOOD FAITH EFFORTS BID FORMS-PAGE 13 LOCAL BUSINESS PREFERENCE PROGRAM - GOOD FAITH EFFORTS (CONTINUED) In the event no local firms (as defined in Ordinance No. 1756) will provide services, or furnish materials and supplies to the Bidder for this project, the Bidder shall provide information sufficient to demonstrate good faith efforts to do so. Examples of information accepted by the City to demonstrate good faith efforts shall be included below: A. The names and dates of each publication in which a request for participation by local firms for this project was placed by the bidder (please attach copies of advertisements or proofs of publication): Publications Dates of Advertisement LO Prt- 1&XI r►e< P"reKAWQc0 MeT B. The names and dates of written notices sent to local firms soliciting bids for this project and the dates and methods used for following up initial solicitations to determine with certainty whether the local firms were interested (please attach copies of solicitations, telephone records, fax confirmations, etc.): Names of Date of Follow Up Methods firms Initial and Dates Solicited Solicitation INDIAN CANYON DRIVE CITY PROJECT NO. 17-08 LOCAL BUSINESS PREFERENCE PROGRAM DATE June 14,2018 GOOD FAITH EFFORTS BID FORMS-PAGE 14 C. The items of work which the bidder made available to local firms, including, where appropriate, any breaking down of the contract work items (including those items normally performed by the bidder with its own forces) into economically feasible units to facilitate participation by local firms. Items of Work Bidder Breakdown of Items Amount Percentage Normally M Of Performs Item Contract p (Y/N) at�v mii ri 1�(AOy A% iloo b.tk 2 'ZIc iG�jrl.N1A'1�nIM-S r, ELec�git. t_ IAI,rtF¢lius � m,,OOD ,op 2 D. The names, addresses and phone numbers of rejected local firms, the reasons for the bidder's rejection of the local firms, the firms selected for that work (please attach copies of quotes from the firms involved), and the price difference for each firm if the selected firm is not a local firm: Names, addresses and phone numbers of rejected local firms and the reasons for the bidder's rejection of the local firms: Lk f0 Names, addresses and phone numbers of firms selected for the work above: W Wlivvesm e, AkL- Gu 4ZAz-t MA-0jo6T . , LN91% ,GA4I2,241 (-7W)31Y5- 472V7 Rip-o►L4Sow1S QrAvD -lMx 72�41160 yAO-N&- 121i ' ) M S. fib 114,110 (451)9CI3- 40,406 4 40M c, s0KN4 DWO — iPAi-*4 404"S, CA °124401 (--1ar)3'LJ_llg6 NOTE: USE ADDITIONAL SHEETS OF PAPER IF NECESSARY. INDIAN CANYON DRIVE CITY PROJECT NO. 17-08 LOCAL BUSINESS PREFERENCE PROGRAM DATE June 14,2018 GOOD FAITH EFFORTS BID FORMS-PAGE 15 NON-COLLUSION DECLARATION The undersigned declares: I am the Vice President of Elecnor Belco Electric, Inc. the (Title of Officer) (Firm/Company) party making the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, or to refrain from bidding. 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. All statements contained in the bid are true. 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, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on July 23, 2018 at Chino California (Date) (City) (State) John Wong ig ature INDIAN CANYON DRIVE CITY PROJECT NO. 17-08 DATE June 14,2018 NON-COLLUSION DECLARATION BID FORMS-PAGE 16 CERTIFICATION OF NON-DISCRIMINATION BY CONTRACTORS As suppliers of goods In connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, marital status, ancestry, national origin, sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition. Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to their race, religion, color, sex, age, marital status, ancestry, national origin, sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. We agree specifically: 1. To establish or observe employment policies, which affirmatively promote opportunities for minority persons at all job levels. 2. To communicate this policy to all persons concerned, including all company employees, outside recruiting services, especially those serving minority communities, and to the minority communities at large. 3. To take affirmative steps to hire minority employees within the company. FIRM Elecnor Belco Electric, Inc. NAME OF PERSON SIGNING John Wong TITLE OF PERSON SIGNING Vice President DATE 7/23/18 Please include any additional information available regarding equal opportunity employment programs now in effect within your company. INDIAN CANYON DRIVE CITY PROJECT NO. 17-08 NON-DISCRIMINATION CERTIFICATION DATE June 14,2018 BID FORMS-PAGE 17 BIDDER'S GENERAL INFORMATION The Bidder shall furnish the following information. Failure to complete all Items will cause the Bid to be non-responsive and may cause its rejection. 1. BIDDER/CONTRACTOR'S Name and Street Address: Elecnor Belco Electric, Inc. 14320 Albers Way Chino CA 91710 Telephone Number: ( 909 ) 993-5470 Facsimile Number: ( 909 ) 993-5476 E-Mail: iwongO-elecnor.com Tax Identification Number: 33-0768970 2. TYPE OF FIRM Individual Partnership X Corporation (State CA ) Minority Business Enterprise (MBE) Women Business Enterprise (WBE) Small Disadvantaged Business (SDB) Veteran Owned Business Disabled Veteran Owned Business 3. CONTRACTOR'S LICENSE: Primary Classification A, B, C-10 State License Number(s) 738518 Supplemental License Classifications A, B, C-10 4. BUSINESS LICENSE: Yes >� No License No.: 5. Surety Company and Agent who will provide the required Bonds: Name of Surety Erin Kiernan of Willis Tower Watson Address 10 State House Square, Floor 11 Hartford, CT 06103 Surety Company Willis Tower Watson Telephone Numbers: Agent (800) 843-5404 Surety ( 800 ) 843-5404 INDIAN CANYON DRIVE CITY PROJECT NO. 17-08 BIDDER'S GENERAL INFORMATION DATE June 14,2018 BID FORMS-PAGE 19 BIDDER'S GENERAL INFORMATION (Continued) 6. List the names and addresses of the principal members of the firm or names and titles of the principal officers of the corporation or firm; also include those who has greater than $2,000 interest in the corporation or firm. President-Juan Bravo Vice President-John Wong/Alberto Garcia De Los Angeles Secretary-Pedro Enrile 14320 Albers Way Treasurer-Jeroni Gervilla Chino, CA 91710 7. Number of years experience as a contractor in this specific type of construction work: 21 8. List at least three related projects completed to date: a. Owner City of Victorville Address 14343 Civic Drive, Victorville, CA 92393 Contact Greg Heldreth Class of Work Traffic Signal and Fiber Optics Phone 760-243-6360 Contract Amount $445,220 Traffic Signal on Mojave or Project at East Trail Date Completed January 2018 Contact Person Greg Heldreth Telephone number 760-243-6360 b. Owner County of Los Angeles Address 900 S Fremont Ave, Alhambra, CA 91803 ContactOmid Emam Class of Work Traffic Signal Modification Phone 626-607-7444 Contract Amount $1,268,430 Foothill Blvd from Rosemead Project Blvd to Shamrock Ave Date Completed December2017 Contact Person Omid Emam Telephone number 626-607-7444 C. Owner City of La Puente Address 15900 E Main St, La Puente, CA 91744 ContaCtMasoud Eskandari Class of Work Traffic Signal Installation Phone 818-590-0167 Contract Amount $849,063 Traffic Safety Improvement Project on Amar Date Completed March 2018 Contact Person Masoud Eskandari Telephone number 818-590-0167 9. Name of Project Manager/Superintendent: T.B.D. -Project Manager/Ralph Antuna-Superintendent 10. Name(s) of person(s) who inspected job site: Ralph Antuna INDIAN CANYON DRIVE CITY PROJECT NO. 17-08 BIDDER'S GENERAL INFORMATION DATE June 14,2018 BID FORMS-PAGE 20 UNANIMOUS WRITTEN CONSENT IN LIEU OF i 2018 ANNUAL MEETING OF THE BOARD OF DIRECTORS OF ELECNOR BELCO ELECTRIC,INC. January,1,2018 The undersigned, being all of the members of the Board of Directors (the "Board") of Elecnor Belco Electric,Inc.,a California corporation(the"Company"),in lieu of holding a meeting of the Board,hereby take the following actions and adopt the following resolutions by unanimous written consent: WHEREAS, the Board has determined that it is in the Company's best interests to appoint a revised slate of Officers of the Company. NOW, THEREFORE, BE IT RESOLVED, that the following persons be, and hereby are, elected to the offices set forth opposite their respective names,to hold such offices until their respective successors are elected and qualified at or before the next annual meeting of the Board,or until their earlier respective deaths,resignations or removals: President and Chief Executive Officer Juan Bravo Chief Financial Officer Jeroui Gervilla Executive Vice President Alberto Garcia Roger DeVito Senior Vice President,General Counsel and Assistant Secretary John Wong Vice President for Construction Secretary Pedro Emile FURTHER RESOLVED,that Juan Bravo,Jeroni Gervilla,Alberto Garcia and Roger DeVito in their respective capacities (listed above) subject to such supervisory powers of the Board of Directors, hereby are authorized and directed to perform all the duties commonly incident to that office;shall have authority to execute in the name of the Company contracts, leases and other written instruments to be executed by the Company; and,shall perform such other duties as the Board of Directors may from time to time determine. FURTHER RESOLVED,that the President and Chief Executive Officer may delegate authority to any Chief Financial Officer or Chief Operating Officer or Senior Vice President or Vice President as I and within their authority levels as set forth in the Company's Bylaws,as the same may be amended from time to time; j FURTHER RESOLVED, that Roger DeVito, in his capacity of Senior Vice President, is hereby authorized and directed to: I. Negotiate, sign, amend and terminate agreements in connection with the purpose of the Company, 1 for all contracts up to $250,000.00, and acting jointly with Juan Bravo or Alberto Garcia for all contracts in amounts greater than$250,000.00. 2. Execute, amend and finalize bid proposals in connection with the purpose of the Company,for all proposals up to $1,000,000.00, and acting jointly with Juan Bravo or Alberto Garcia for all proposals in amounts greater than$1,000,000.00, 3. Acting jointly with Juan Bravo or Alberto Garcia, execute, amend and finalize purchase orders for materials and equipment in connection with the purpose of the Company. 1 i 4. Acting jointly with Juan Bravo or Alberto Garcia, execute, amend and terminate agreements for the lease of real estate to be used as offices or job related temporary yards. 5. Acting jointly with Juan Bravo or Jeroni Gervilla, execute, amend and terminate insurance and/or bid bonds arrangements in connection with the purpose of the Company. 6. Acting jointly with Juan Bravo or Jeroni Gervilla,hire,suspend,impose sanctions and dismiss the administrative personnel of the Company, setting forth their employment terms and conditions, obligations and remuneration. 7. Acting jointly with Juan Bravo or Jeroni Gervilla,settle and claims on behalf of the Company. AND IT IS FURTHER RESOLVED, that all actions heretofore taken by the officers of the Company on behalf of and in the name of the Company, relating to the conduct of the business of the Company, the expenditure of money, the making of contracts and all other acts taken or omitted in the performance of their duties to the Company be,and the same hereby are,in all respects,approved,ratified and affirmed,as of the date taken,done or omitted,respectively. The actions taken by the Board Consent shall have the same force and effect as if taken by the undersigned at a meeting of the Board of Directors,duly called and constituted pursuant to the Bylaws of the Company and the laws of the State of California. This Board Consent may be executed in counterparts,each of which shall be deemed an original,but all of which together shall constitute one and the same document. IN WITNESS WHEREOF,the undersigned,being all of the members of the Board of Directors of Elecnor Belco Electric,Inc.,have executed these actions by written consent as of the date first written above. (A,g,mi,o Ramon,Director Luis Alcibar,Director Alexander Artois,Director 2 MY of Palm 9s,CA BID A TRACT NO Absbact Vendors$Bid.46 mts �IfAE: A,) V f r a DUE DATE: scwPTION: L y - -7o 89foJSGv . f T otal of an Bid ale-Items witness: — data irhCONTRACTORS STATE LICENSE BOARD Contractor's License Detail for License # 738518 DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information,you should be aware of the following limitations. CSLB complaint disclosure is restricted bylaw(B&P 7124s)If this entity is subject to public complaint disclosure,a link for complaint disclosure will appear below.Click on the link or button to obtain complaint and/or legal action information. Per B&P 7071.17,only construction related civil judgments reported to the CSLB are disclosed. Arbitrations are not listed unless the contractor fails to complywith the terms of the arbitration. Due to workload,there may be relevant information that has not yet been entered onto the Board's license database. Data current as of 9/11/2018 9:40:13 AM Business Information ELECNOR BELCO ELECTRIC INC 14320 ALBERS WAY CHINO, CA 91710 Business Phone Number:(909)993-5470 Entity Corporation Issue Date 07/28/1997 Expire Date 07/31/2019 License Status - - --- ----- -- - -- -- - - This license is current and active. All information below should be reviewed. Classifications C10- ELECTRICAL B-GENERALBUILDINGCONTRACTOR A-GENERAL ENGINEERING CONTRACTOR Bonding Information Contractor's Bond This license filed a Contractor's Bond with FIDELITY AND DEPOSIT COMPANY OF MARYLAND. Bond Number: LPM9197211 Bond Amount: $15,000 Effective Date: 01/01/2016 Contractor's Bond History Bond of Qualifying Individual This license filed Bond of Qualifying Individual number LPM9172203 for JOHN LOON-HAE WONG in the amount of$12,500 with j FIDELITY AND DEPOSIT COMPANY OF MARYLAND. Effective Date: 10/28/2014 j Workers' Compensation This license has workers compensation insurance with the HARTFORD FIRE INSURANCE COMPANY Policy Number:10WEAAA6VQ6 Effective Date: 11/01/2017 Expire Date: 11/01/2018 Workers'Compensation History _ Page 1 of 2 acorrn® CERTIFICATE OF LIABILITY INSURANCE °10/04/2 8Y' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terns and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT NAME: Willie of New York, Inc. PHONE FAX c/o 26 Century Blvd (AI ,No,E%0: 1-877-945-7378 IAIC No): 1-888-967-2378 E-MAIL certificates@willie.COM P.O. Be. 305191 ADDRESS: Nashville, IN 372305191 USA _ _ INSURER(S)AFFORDING COVERAGE NAIC If _ INSURER A: Hartford Underwriters Insurance Company 30104 INSURED INSURER B: aartford Casualty Insurance Company 29424 senor Beloo Electric, Inc, -- 14320 Albers way INSURER C: Navigators Insurance Company _ _ 42307 Chino, CA 91710 INSURERD: Hartford Fire Insurance Company - 29692 INSURER E: "Xkel Insurance Company 38970 INSURER F: COVERAGES CERTIFICATE NUMBER:W7194340 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN6RR1 TYPE OF INSURANCE IN MADDUSUBR POLICY NUMBER MMIDUrrYYY r MMIDDY LIMITS I X COMMERCIALGENERALLIASILITY 1 1,000,000 __ EACHOCCURRENCE $ AGGGETORENTE6- CLAIMS-MADE X OCCUR PREMISES(E.ecmrrenoa) $ 100,000 A _ _ MED EXP(Any one demon) S 5,000 PRO- POLICY 1 11/01/2018 1,000,000 10 VEA �'16]1 11/OL/201] PERSONAL BADV INJURY $ GEN LAGCREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 2,000,000 X JC _ LOC PRODUCI5-COMPIOPAGG S 2,000,000 OTHER. $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) X ANYAUTO BODILY INJURY(Per person) $ B X OWNED ' SCHEDULED � Y 10 UEA EF1837 1�111/01/2017 11/01/2018 BODILY INJURY(Per acciders) S _. AUTOS ONLY AUTOS HIRED NONJO NdED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (PeraPodem) $ UMBRELLA LAB X OCCUR EACHOCCURRENCE S 5,000,000 C X EXCESS LIAR CLAIMS-MA NYI7EXC9189061V 11/01/2017,11/01/2018 gGGREGATE $ 5,000,000 DED X RETENTIONS None $ WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY .STATUTE ER _ D ANYPROPRIETORIPARTNERIEXECUTIVE YIN ' EL EACH ACCIDENT $ 1,000,000 OFFICERIMEMBEREXCLUDED7 � N(A' Y 10 wEA AA6vO6 11/01/20171,11/O1/2018 - 1,000,000 IfM de cr In NH) E.L.DISEASE_-EA EMPLOYEE $ _ _ _ _ Dyyes IPTIOe OFFunder 1,000,000 -0ESCRIPTION OF OPERATIONS below �' EL DISEASE-POLICY LIMIT E E Excess Liability E8Qlf1EC E100156 11/01/2017 11/01/2018.$5,000,000 part of 1$30,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,maybe aftached if more apace is required) Re: City of Palm Springs - Indian Canyon Drive Two-Way Conversion and Pedestrian Safety Enhancements City Project No. 17-08. CVAG, The City of Palm Springs, its respective elected officials, employees, agents and representatives are included as Additional Insureds as respects to General Liability and Auto Liability. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE City of Palm Springs n 3200 East Tahquita Canyon Way Palm Springs, CA 92262 ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD -- n,: 16577412 Sawa: 827012 AGENCY CUSTOMER ID: LOC III: AC40® ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED ELecnor Belco Electric, Inc. Willis of New York, Inc. 14320 Albers Way POLICY NUMBER Chino, CA 92710 See Page 1 CARRIER NAIC CODE See Page 1 See Page 1 EFFECTIVE DATE: See Page 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance General Liability policy shall be Primary and Non-contributory with any other insurance in force for or which may be purchased by Additional Insureds. Waiver of Subrogation applies in favor of Additional Insureds with respects to Workers Compensation as permitted by law. (30) Day Notice of Cancellation applies to holder and additional insured(s) on all policies referenced herein with the exception of Non-Payment which provides a ten (10) Day Notice of Cancellation. ACORD 101 (2008101) ID 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SR ID: 16577412 BATCH: 827012 CERT: W7194340 POLICY NUMBER: 1O UEA HF1471 �. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - OPTION I This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Designated Project(s) Or Location(s) Or Or anization s : Of Covered Operations: As required by written contract As specified in written contract Information required to complete this Schedule if not shown above will be shown in the Declarations. With respect to those person(s) or organization(s) (3) In connection with 'your work' for the shown in the Schedule above when you have additional insured at the project(s) or agreed in a written contract or written agreement location(s) designated in the Schedule to provide insurance such as is afforded under this and included within the "products- policy to them, Subparagraph f., Any Other completed operations hazard", but only if: Party, under the Additional Insureds When (a) The written contract or written Required By Written Contract, Written agreement requires you to provide Agreement Or Permit Paragraph of Section II — such coverage to such additional Who Is An Insured is replaced with the following: insured at the project(s) or location(s) f. Any Other Party designated in the Schedule; and Any other person or organization who is not (b) This Coverage Part provides an insured under Paragraphs a. through e. coverage for 'bodily injury" or above, but only with respect to liability for "property damage" included within the "bodily injury", "property damage"or"personal "products-completed operations and advertising injury" caused, in whole or in hazard". part, by your acts or omissions or the acts or The insurance afforded to the additional omissions of those acting on your behalf: insured shown in the Schedule applies: (1) In the performance of your ongoing (1) Only if the 'bodily injury" or "property operations for such additional insured at damage" occurs, or the "personal and the project(s) or location(s) designated in advertising injury"offense is committed: the Schedule; (2) In connection with your premises owned (a) During the policy period;and by or rented to you and shown in the (b) Subsequent t the execution of such Schedule; or written contract t or written agreement; and Form HS 24 80 07 13 Page 1 of 2 © 2013,The Hartford (Includes copyrighted material of Insurance Services Office, Inc.,with its permission.) (c) Prior to the expiration of the period of When You Add Others As An Additional time that the written contract or written Insured To This Insurance agreement requires such insurance (a) Primary Insurance When Required By be provided to the additional insured. Contract (2) Only to the extent permitted by law; and This insurance is primary if you have agreed (3) Will not be broader than that which you in a written contract or written agreement that are required by the written contract or this insurance be primary. If other insurance written agreement to provide for such is also primary, we will share with all that additional insured. other insurance by the method described in With respect to the insurance afforded to the Paragraph (c) below. This insurance does not person(s)or organization(s)that are additional apply to other insurance to which the insureds under this endorsement, the additional insured in the Schedule has been following additional exclusion applies: added as an additional insured. This insurance does not apply to "bodily (b) Primary Non-Contributory To.ptbK injury", "property damage" or "personal and Insurance WI equ!redAX.rrontiact advertising injury" arising out of the rendering This insurance is primary to and will not seek of, or the failure to render, any professional contribution from any other insurance architectural, engineering or surveying available to an additional insured under your services, including: policy provided that: (1) The preparing, approving, or failing to (1) Thevrddition41114nsured'in the Schedule is prepare or approve maps, shop drawings, a Ahmed Insured under such other opinions, reports, surveys, field orders, insurance; and change orders, designs or specifications; (!I) You have agreed in a written contract or or written agreement that this insurance (2) Supervisory, inspection, architectural or would ga.'wmy and would 400eadk engineering activities. pontdbuUW from any other insurance The limits of insurance that apply to the additional available to the additional insured in the insured shown in the Schedule are described in the Schedule. Limits Of Insurance section. (c) Method Of Sharing How this insurance applies when other insurance is If all of the other insurance permits available to the additional insured is described in the contribution by equal shares, we will follow Other Insurance Condition in Section IV — this method also. Under this approach, each Commercial General Liability Conditions, except as insurer contributes equal amounts until it has otherwise amended below. paid its applicable limit of insurance or none of B. With respect to insurance provided to the the loss remains,whichever comes first. person(s) or organization(s) that are additional If any of the other insurance does not permit insureds under this endorsement, the When You contribution by equal shares, we will Add Others As An Additional Insured To This contribute by limits. Under this method, each Insurance subparagraph, under the Other insurer's share is based on the ratio of its Insurance Condition of Section IV—Commercial applicable limit of insurance to the total General Liability Conditions is replaced with the applicable limits of insurance of all insurers. following: All other terms and conditions in the policy remain unchanged. Page 2 of 2 Form HS 24 80 07 13 COMMERCIAL AUTOMOBILE HA 99 16 03 12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM To the extent that the provisions of this endorsement provide broader benefits to the "insured" than other provisions of the Coverage Farm,the provisions of this endorsement apply. 1. BROAD FORM INSURED d. Any "employee" of yours while using a A. Subsidiaries and Newly Acquired or covered "auto" you don't own, hire or Formed Organizations borrow in your business or your The Named Insured shown in the personal affairs. Declarations is amended to include: C. Lessors as Insureds (1) Any legal business entity other than a Paragraph A.1. -WHO IS AN INSURED -of partnership or joint venture, formed as a Section II - Liability Coverage is amended to subsidiary in which you have an add: ownership interest of more than 50% on e. The lessor of a covered "auto" while the the effective date of the Coverage Form. "auto" is leased to you under a written However, the Named Insured does not agreement if: include any subsidiary that is an "insured" under any other automobile (1) The agreement requires you to policy or would be an "insured" under provide direct primary insurance for such a policy but for its termination or the lessor and the exhaustion of its Limit of Insurance. (2) The "auto" is leased without a driver. (2) Any organization that is acquired or Such a leased "auto" will be considered a formed by you and over which you covered "auto" you own and not a covered maintain majority ownership. However, "auto"you hire. the Named Insured does not include any D. 'Additional Insured if Requfrcdby°CuReff newly formed or acquired organization: (1) Paragraph A.1. - WHO IS AN INSURED (a) That is a partnership or joint - of Section II - Liability Coverage is venture, amended to add: (b) That is an "insured" under any other f. When you have agreed, in a written policy, contract or written agreement, that a (c) That has exhausted its Limit of person or organization be added as Insurance under any other policy, or an additional insured on your (d) 180 days or more after its business auto policy, such person or acquisition or formation by you, organization is an"insured", but only unless you have given us notice of to the extent such person or the acquisition or formation. organization is liable for "bodily Coverage does not apply to "bodily injury" or "property damage" caused injury" or "property damage" that results by the conduct of an "insured" under from an "accident" that occurred before paragraphs a. or b. of Who Is An you formed or acquired the organization. Insured with regard to the B. Employees as Insureds ownership, maintenance or use of a covered"auto." Paragraph A.1. -WHO IS AN INSURED - of SECTION II - LIABILITY COVERAGE is amended to add: Policy No. 10 UEA HF1837 ©2011,The Hartford (Includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc.,with its permission.) Page 1 of 5 The insurance afforded to any such E. Primary and Non-Contributory if �,�/ additional insured applies only if the Required by Contract "bodily injury" or "property damage" Only with respect to insurance provided to occurs: an additional insured in I.D. - Additional (1) During the policy period, and Insured If Required by Contract, the (2) Subsequent to the execution of such following provisions apply: written contract, and (3) Primary Insurance When Required By (3) Prior to the expiration of the period Contract of time that the written contract This insurance is primary if you have requires such insurance be provided agreed in a written contract or written to the additional insured. agreement that this insurance be (2) How Limits Apply primary. If other insurance is also If you have agreed in a written contract primary, we will share with all that other insurance by the method described in or written agreement that another Other Insurance 5.d. person or organization be added as an additional insured on your policy, the (4) Primary And Non-Contributory To Other most we will pay on behalf of such Insurance When Required By Contract additional insured is the lesser of: If you have agreed in a written contract (a) The limits of insurance specified in or written agreement that this insurance the written contract or written is primary and non-contributory with the agreement; or additional insured's own insurance, this (b) The Limits of Insurance shown in insurance is primary and we will not the Declarations. seek contribution from that other insurance. Such amount shall be a part of and not Paragraphs (3) and (4) do not apply to other in addition to Limits of Insurance shown insurance to which the additional insured in the Declarations and described in this has been added as an additional insured. Section. (3) Additional Insureds Other Insurance When this insurance is excess, we will have no duty to defend the insured against any "suit" if If we cover a claim or "suit" under this any other insurer has a duty to defend the Coverage Part that may also be covered insured against that "suit". If no other insurer by other insurance available to an defends, we will undertake to do so, but we will additional insured, such additional be entitled to the insured's rights against all insured must submit such claim or"suit" those other insurers. to the other insurer for defense and When this insurance is excess over other indemnity. insurance, we will pay only our share of the However, this provision does not apply amount of the loss, if any, that exceeds the sum to the extent that you have agreed in a of: written contract or written agreement (1) The total amount that all such other that this insurance is primary and non- insurance would pay for the loss in the contributory with the additional insured's absence of this insurance;and own insurance. (4) Duties in The Event Of Accident, Claim, (2) The total of all deductible and self-insured Suitor Loss amounts under all that other insurance. If you have agreed in a written contract We will share the remaining loss, if any, by the method described in Other Insurance 5.d. or written agreement that another 2 AUTOS RENTED BY EMPLOYEES person or organization be added as an additional insured on your policy, the Any "auto" hired or rented by your "employee" additional insured shall be required to on your behalf and at your direction will be comply with the provisions in LOSS considered an"auto"you hire. CONDITIONS 2. - DUTIES IN THE The OTHER INSURANCE Condition is amended EVENT OF ACCIDENT, CLAIM , SUIT by adding the following: OR LOSS — OF SECTION IV — BUSINESS AUTO CONDITIONS, in the same manner as the Named Insured. ©2011,The Hartford(Includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc.,with its permission.) Page 2 of 5 If an "employee's" personal insurance also 5. PHYSICAL DAMAGE ADDITIONAL applies on an excess basis to a covered "auto" TEMPORARY TRANSPORTATION EXPENSE hired or rented by your "employee" on your COVERAGE behalf and at your direction, this insurance will Paragraph A.4.a. of SECTION III - PHYSICAL be primary to the "employee's" personal DAMAGE COVERAGE is amended to provide a insurance. limit of $50 per day and a maximum limit of 3. AMENDED FELLOW EMPLOYEE EXCLUSION $1,000. EXCLUSION 5. - FELLOW EMPLOYEE - of 6. LOAN/LEASE GAP COVERAGE SECTION II - LIABILITY COVERAGE does not Under SECTION III - PHYSICAL DAMAGE apply if you have workers' compensation COVERAGE, in the event of a total "loss" to a insurance in-force covering all of your covered "auto", we will pay your additional legal "employees". obligation for any difference between the actual Coverage is excess over any other collectible cash value of the "auto" at the time of the "loss" insurance. and the "outstanding balance"of the loan/lease. 4. HIRED AUTO PHYSICAL DAMAGE COVERAGE "Outstanding balance" means the amount you If hired "autos" are covered "autos" for Liability owe on the loan/lease at the time of "loss" less Coverage and if Comprehensive, Specified any amounts representing taxes; overdue Causes of Loss, or Collision coverages are payments; penalties, interest or charges provided under this Coverage Form for any resulting from overdue payments; additional "auto" you own, then the Physical Damage mileage charges; excess wear and tear charges; Coverages provided are extended to "autos"you lease termination fees; security deposits not hire or borrow, subject to the following limit. returned by the lessor; costs for extended The most we will pay for "loss" to any hired warranties, credit life Insurance, health, accident or disability insurance purchased with the loan or "auto" is: lease, and carry-over balances from previous (1) $100,000; loans or leases. (2) The actual cash value of the damaged or 7. AIRBAG COVERAGE stolen property at the time of the"loss"; or Under Paragraph B. EXCLUSIONS - of (3) The cost of repairing or replacing the SECTION III - PHYSICAL DAMAGE damaged or stolen property, COVERAGE, the following is added: whichever is smallest, minus a deductible. The The exclusion relating to mechanical breakdown deductible will be equal to the largest deductible does not apply to the accidental discharge of an applicable to any owned "auto" for that airbag. coverage. No deductible applies to"loss" caused 6, ELECTRONIC EQUIPMENT - BROADENED by fire or lightning. Hired Auto Physical Damage COVERAGE coverage is excess over any other collectible insurance. Subject to the above limit, deductible a. The exceptions to Paragraphs BA - and excess provisions, we will provide coverage EXCLUSIONS - of SECTION III - PHYSICAL equal to the broadest coverage applicable to any DAMAGE COVERAGE are replaced by the covered"auto"you own. following; We will also cover loss of use of the hired "auto" Exclusions 4.c. and 4.d. do not apply to if it results from an "accident", you are legally equipment designed to be operated solely liable and the lessor incurs an actual financial by use of the power from the "auto's" loss, subject to a maximum of $1000 per electrical system that, at the time of"loss", "accident". is: This extension of coverage does not apply to (1) Permanently installed in or upon any "auto" you hire or borrow from any of your the covered "auto"; "employees", partners (if you are a partnership), (2) Removable from a housing unit members (if you are a limited liability company), which is permanently installed in or members of their households. or upon the covered "auto"; (3) An integral part of the same unit housing any electronic equipment described in Paragraphs (1)and (2) above; or ©2011,The Hartford (Includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc.,with its permission.) Page 3 of 5 (4) Necessary for the normal If another Hartford Financial Services Group, operation of the covered "auto"or Inc. company policy or coverage form that is not the monitoring of the covered an automobile policy or coverage form applies to "auto's"operating system. the same "accident", the following applies: b.Section III — Version CA 00 01 03 10 of the (1) If the deductible under this Business Auto Business Auto Coverage Form, Physical Coverage Form is the smaller (or smallest) Damage Coverage, Limit of Insurance, deductible, it will be waived, Paragraph C.2 and Version CA 00 01 10 01 of (2) If the deductible under this Business Auto the Business Auto Coverage Form, Physical Coverage Form is not the smaller (or Damage Coverage, Limit of Insurance, smallest) deductible, it will be reduced by Paragraph C are each amended to add the the amount of the smaller (or smallest) following: deductible. $1,500 is the most we will pay for "loss" in 12. AMENDED DUTIES IN THE EVENT OF any one "accident" to all electronic ACCIDENT, CLAIM, SUIT OR LOSS equipment (other than equipment designed solely for the reproduction of sound, and The requirement in LOSS CONDITIONS 2.a. - accessories used with such equipment) DUTIES IN THE EVENT OF ACCIDENT,CLAIM, that reproduces, receives or transmits SUIT OR LOSS - of SECTION IV - BUSINESS audio, visual or data signals which, at the AUTO CONDITIONS that you must notify us of time of"loss", is: an "accident" applies only when the "accident" is known to: (1) Permanently installed in or upon the covered "auto" in a housing, (1) You, if you are an individual; opening or other location that is not (2) A partner, if you are a partnership; normally used by the "auto" (3) A member, if you are a limited liability manufacturer for the installation of company; or such equipment; (4) An executive officer or insurance manager, if (2) Removable from a permanently you are a corporation. installed housing unit as described 13. UNINTENTIONAL FAILURE TO DISCLOSE in Paragraph 2.a. above or is an HAZARDS integral part of that equipment; or (3)An integral part of such equipment. If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we c.For each covered "auto", should loss be limited will not deny coverage under this Coverage to electronic equipment only, our obligation to Form because of such failure. pay for, repair, return or replace damaged or 14. HIRED AUTO -COVERAGE TERRITORY stolen electronic equipment will be reduced by the applicable deductible shown in the Paragraph e. of GENERAL CONDITIONS 7. - Declarations, or $250, whichever deductible is POLICY PERIOD, COVERAGE TERRITORY - less. of SECTION IV - BUSINESS AUTO 9. EXTRA EXPENSE BROADENED CONDITIONS is replaced by the following: COVERAGE e. For short-term hired "autos", the coverage Under Paragraph A. -COVERAGE -of SECTION territory with respect to Liability Coverage is III - PHYSICAL DAMAGE COVERAGE, we will anywhere in the world provided that if the pay for the expense of returning a stolen covered "insured's" responsibility to pay damages for "auto"to you. bodily injury' or "property damage" is determined in a "suit,"the"suit" is brought in 10. GLASS REPAIR-WAIVER OF DEDUCTIBLE the United States of America, the territories Under Paragraph D.-DEDUCTIBLE-of SECTION and possessions of the United States of III - PHYSICAL DAMAGE COVERAGE, the America, Puerto Rico or Canada or in a following is added: settlement we agree to. No deductible applies to glass damage if the 15. WAIVER OF SUBROGATION glass is repaired rather than replaced. TRANSFER OF RIGHTS OF RECOVERY 11. TWO OR MORE DEDUCTIBLES AGAINST OTHERS TO US - of SECTION IV - Under Paragraph D.-DEDUCTIBLE-of SECTION BUSINESS AUTO CONDITIONS is amended by III - PHYSICAL DAMAGE COVERAGE, the adding the following: following is added: ©2011,The Hartford (Includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.) Page 4 of 5 We waive any right of recovery we may have c.Regardless of the number of autos deemed a against any person or organization with whom total loss, the most we will pay under this you have a written contract that requires such Hybrid, Electric, or Natural Gas Vehicle waiver because of payments we make for Payment Coverage provision for any one damages under this Coverage Form. "loss" is $10,000. 16. RESULTANT MENTAL ANGUISH COVERAGE For the purposes of the coverage provision, The definition of "bodily injury" in SECTION V- a.A "non-hybrid" auto is defined as an auto that DEFINITIONS is replaced by the following: uses only an internal combustion engine to "Bodily injury" means bodily injury, sickness or move the auto but does not include autos disease sustained by any person, including powered solely by electricity or natural gas. mental anguish or death resulting from any of b.A "hybrid" auto is defined as an auto with an these. internal combustion engine and one or more 17. EXTENDED CANCELLATION CONDITION electric motors, and that uses the internal Paragraph 2. of the COMMON POLICY combustion engine and one or more electric CONDITIONS - CANCELLATION - applies motors o move the auto, or the internal except as follows: combustion engine to charge one or more electric motors, which move the auto. If we cancel for any reason other than 19. VEHICLE WRAP COVERAGE nonpayment of premium, we will mail or deliver to the first Named Insured written notice of In the event of a total loss to an "auto" for which cancellation at least 60 days before the effective Comprehensive, Specified Causes of Loss, or date of cancellation. Collision coverages are provided under this 18. HYBRID, ELECTRIC, OR NATURAL GAS Coverage Form, then such Physical Damage VEHICLE PAYMENT COVERAGE Coverages are amended to add the following: In addition to the actual cash value of the "auto", In the event of a total loss to a "non-hybrid" auto for which Comprehensive, Specified Causes of we will pay up to on t for vinyl vehicle wraps which are displayedd on the covered "auto" at the Loss, or Collision coverages are provided under time of total loss. Regardless of the number of this Coverage Form, then such Physical autos deemed a total loss, the most we will pay Damage Coverages are amended as follows: under this Vehicle Wrap Coverage provision for a.lf the auto is replaced with a "hybrid" auto or any one "loss" is $5,000. For purposes of this an auto powered solely by electricity or natural coverage provision, signs or other graphics gas, we will pay an additional 10%, to a painted or magnetically affixed to the vehicle are maximum of$2,500, of the "non-hybrid" auto's not considered vehicle wraps. actual cash value or replacement cost, whichever is less, b.The auto must be replaced and a copy of a bill of sale or new lease agreement received by us within 60 calendar days of the date of"loss," ©2011, The Hartford (Includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.) Page 5 of 5 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be % of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE Person or Organization Job Description As required by written contract Project notated in contract Countersigned by Policy No. 10 WEA AA6V06 Authorized Representative Form WC 04 03 06 (1) Printed in U.S.A. Process Date: Policy Expiration Date: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX 1. Alienated Premises Coverage.................................................................................................................... 1 2. Damage To Your Work.............................................................................................................................. 1 3 Contractors Limited Professional Liability................................................................................................... 1 4. Per Project and Per Location General Aggregate Limits Of Insurance............... ..._.......................-...___2 S. Medical Payments Coverage- Including Products-Completed Operations...............................................3 6. Injury To Employee's Reputation With Respect To Incidental Medical Malpractice ....................................3 7. Bodily Injury Employee Suits......................................................................................................................3 8. Consolidated Insurance (Wrap-Up) Program..............................................................................................3 9. Access Or Disclosure Of Confidential Or Personal Information And Data-Related Liability ........................4 10. Supplementary Payments..........................................................................................................................5 11. Two Or More Coverage Parts Or Policies Issued By Us.............................................................................5 a12.-W9tica_gf C-@.ncgJ6d 1r1 to Ce ..............................................................................................5 13. Contractual Liability Coverage For Personal And Advertising Injury............................................................5 14. Insured Contract Definition.........................................................................................................................6 1. ALIENATED PREMISES COVERAGE This provision does not apply if exclusion I. Exclusion j. Damage To Property of Section I - Damage To Your Work has been otherwise Coverage A is amended as follows: modified by endorsement. a. The following exception to the exclusion is 3. CONTRACTORS LIMITED PROFESSIONAL deleted: LIABILITY Paragraph (2)of this exclusion does not apply The following exclusion is added to Paragraph 2., if the premises are "your work" and were Exclusions of Section I - Coverage A - Bodily never occupied, rented or held for rental by Injury And Property Damage Liability, and to you Paragraph 2., Exclusions of Section b. This exception is replaced by the following: I - Coverage B - Personal And Advertising Injury Liability: Paragraph (2)of this exclusion does not apply This insurance does not apply to "bodily injury", if the premises are"your work". "property damage" or "personal and advertising 2. DAMAGE TO YOUR WORK injury" arising out of the rendering of or failure to Exclusion I. Damage To Your Work of Section render any professional services by you with I-Coverage A is replaced by the following: respect to your providing engineering, I. Damage to Your Work architectural or surveying services in your capacity as an engineer, architect or surveyor. "Property damage" to that particular part of Professional services include: "your work"that must be restored, repaired or replaced because "your work" was incorrectly (1) The preparing, approving, or failing to prepare performed and included in the "products- or approve, maps, shop drawings, opinions, completed operations hazard". reports, surveys, field orders, change orders, This exclusion does not apply if the damaged or drawings and specifications; and work or the work performed incorrectly was performed on your behalf by a subcontractor. Form HS 24 50 03 17 Page 1 of 6 Policy No. 10 UEA HF1471 ©2017, The Hartford (2) Supervisory or inspection activities performed Coverage A. except damages because of as a part of any related architectural or "bodily injury" or "property damage" engineering activities. included in the "products-completed This exclusion applies even if the claims against operations hazard", and for medical any insured allege negligence or other expenses under Coverage C regardless wrongdoing in the supervision, hiring, of the number of; employment, training or monitoring of others by a. Insureds; that insured, if the "occurrence" which caused the b. Claims made or"suits"brought; or "bodily injury" or "property damage", or the offense which caused the "personal and c. Persons or organizations making advertising injury", involved the rendering of or claims or bringing "suits". failure to render any professional services by you 3. Any payments made under Coverage A with respect to your providing engineering, for damages or under Coverage C for architectural or surveying services in your medical expenses shall reduce the Per capacity as an engineer,architect or surveyor. Project General Aggregate Limit for that This exclusion does not apply to your operations "project" or the Per Location General in connection with construction work performed by Aggregate for that "location", whichever you or on your behalf. applies. Such payments shall not reduce the General Aggregate Limit shown in the However, this exception to the exclusion will not Declarations, the Per Project General apply if you are in the business or profession of Aggregate Limit for any other "project", or providing the professional services described the Per Location General Aggregate Limit above independent from the construction work for any other"location". performed by you or on your behalf. 4. The limits shown in the Declarations for In the event this insurance applies to any injury, Each Occurrence, Damage To Premises damage, loss, cost or expense covered by Rented To You and Medical Expense Professional Liability insurance issued by a continue to apply. However, instead of company unaffiliated with us, then the insurance being subject to the General Aggregate afforded under this Coverage Part is excess over Limit shown in the Declarations, such such other valid and collectible Professional limits will be subject to the applicable Per Liability insurance (including any deductible or Project General Aggregate Limit if self-insured retention portion thereof), and any attributable only to ongoing operations at other valid and collectible insurance available to a single "project" or the Per Location the insured whether primary, excess, contingent General Aggregate if attributable only to or on any other basis. ongoing operations at a single"location". 4. PER PROJECT AND PER LOCATION B. For all sums which the insured becomes GENERAL AGGREGATE LIMITS OF legally obligated to pay as damages caused INSURANCE by "occurrences" under Section I -Coverage A. For all sums which the insured becomes A and for all medical expenses caused by legally obligated to pay as damages caused accidents under Section I - Coverage C , by"occurrences" under Section I - Coverage which cannot be attributed only to ongoing A, and for all medical expenses caused by operations at a single "project" or a single accidents under Section I - Coverage C, "location"; which can be attributed only to ongoing q. Any payments made under Coverage A operations at a single "project" or a single for damages or under Coverage C for "location"; medical expenses shall reduce the 1. A separate Per Project General amount available under the General Aggregate Limit or a separate Per Aggregate Limit or the Products- Location General Aggregate Limit applies Completed Operations Aggregate Limit, to each "project" or "location", whichever whichever is applicable; and is applicable. The Per Project General 2. Such payments shall not reduce any Per Aggregate Limit and Per Location Project General Aggregate Limit or any Aggregate Limit is equal to the amount of Per Location General Aggregate Limit. the General Aggregate Limit shown in the Declarations. C. When coverage for liability arising out of the "products-completed operations hazard" is 2. The Per Project General Aggregate Limit provided, any payments for damages because or the Per Location General Aggregate of "bodily injury" or "property damage" Limit, whichever applies, is the most we included in the "products-completed will pay for the sum of all damages under operations hazard" will reduce the Products- Page 2 of 6 Form HIS 24 50 03 17 Completed Operations Aggregate Limit, and (1) The accident takes place in the not reduce the General Aggregate Limit,or "coverage territory" and during the any Per Project General Aggregate Limit or policy period; any Per Location General Aggregate Limit. (2) The expenses are incurred and D. The provisions of Section III - Limits Of reported to us within three years of Insurance not otherwise modified by this the date of the accident;and endorsement shall continue to apply as (3) The injured person submits to stipulated. examination, at our expense, by E. For the purposes of Paragraph 4, the physicians of our choice as often as following definitions apply: we reasonably require. "Project" means a premises an insured does 6. INJURY TO EMPLOYEE'S REPUTATION WITH not own or rent and where such insured RESPECT TO INCIDENTAL MEDICAL performs construction-related operations. MALPRACTICE Each "project" involving the same or A. The following is added to paragraph 1.e. of connecting lots, or premises whose the Insuring Agreement—Coverage A: connection is separated by a street, roadway, waterway or right-of-wayrailroad shall be (3) With respect to incidental medical considered a single"project". If a"project" has malpractice, "bodily injury" includes been abandoned and then restarted, or if the damages claimed for injury to emotions or authorized contracting parties deviate from reputation of an "employee" arising out of plans, blueprints, designs, specifications or the rendering or failure to render timetables, the"project" shall be considered a professional health care services as a single "project". Project" does not include a physician, dentist, nurse, emergency premises that is a"location". medical technician or paramedic services. "Location" means a premises an insured owns B. The following exclusion is added to Coverage or rents and where such insured performs B -Personal and Advertising Injury: business operations other than construction- "Personal and advertising injury arising out of related operations. Each "location" involving the rendering or failure to render professional the same or connecting lots, or premises health care services as a physician, dentist, whose connection is separated by a street, nurse, emergency medical technician or roadway, waterway or right-of-way railroad paramedic. shall be considered a single "location" 7. BODILY INJURY EMPLOYEE SUITS "Location" does not include a premises that is A "Bodily injury" as listed in paragraph 2.a.(1) of a "project". Section 11 - Who Is An Insured, does not This provision does not apply if the Per Project and apply to 2.a.(1)(a)through 2.a.(1)(c). the Per Location General Aggregate Limit has been B. Part a. of Paragraph 4. Nonowned otherwise modified by endorsement. Watercraft in Section II -Who Is An Insured S. MEDICAL PAYMENTS COVERAGE — does not apply. INCLUDING PRODUCTS-COMPLETED OPERATIONS 8. CONSOLIDATED INSURANCE(WRAP-UP) Paragraph 1.a. of the Insuring Agreement — PROGRAMS Coverage C is replaced by the following: The following exclusion is added to Section 1. Insuring Agreement Coverage A: a. We will pay medical expenses as This insurance does not apply to any "bodily injury" described below for"bodily injury" caused or "property damage" arising out of any "wrap by an accident: project or premises" where an insured under this policy is also an insured under a commercial general (1) On premises you own or rent; liability (CGL) policy included within a "consolidated (2) On ways next to premises you own or insurance (wrap-up) program." This exclusion rent; applies even if the limits of insurance for such (3) Because of your operations; or "consolidated insurance (wrap-up) program" are exhausted or not collected for any reason, including (4) Included within the definition of the bankruptcy or insolvency of the insurer providing "products-completed operations coverage for the "consolidated insurance (wrap-up) hazard;" program". This exclusion also applies if the CGL provided that: coverage afforded under the "consolidated insurance (wrap-up) program" is narrower in scope than the coverage provided by this policy. Form HS 24 50 03 17 Page 3 of 6 This exclusion does not apply to: are insured under one or more commercial general A. Products-Completed Operations Hazard liability(CGL) policies issued by a specified carrier Exception for injury or damage arising out of operations "Bodily injury" or "property damage" arising conducted in connection with or necessary or incidental to the project. out of an insured's operations at or in connection with a "wrap project or premises" "wrap project or premises" means any premises when such "bodily injury' or "property or construction project subject to a "consolidated damage" commences after the "products- insurance (wrap-up) program". completed operations hazard" coverage or "Repair work" means service, maintenance, any completed operations extension coverage correction, repair, replacement work, or periodic provided by the applicable "consolidated inspection performed by an insured at or in insurance (wrap-up) program" has ended or is connection with a "wrap project or premises", in no longer in effect. order to replace or repair an insured's completed B. Excluded Operations Exception work. "Bodily injury" or property damage" arising "Punch list work" means work performed by an out of an insured's operations at or in insured at or in connection with a "wrap project or connection with a "wrap project or premises" premises" in order to complete the work called for to the extent the applicable "consolidated in an insured's contract for the "wrap project or insurance (wrap-up) program" does not apply premises". to those operations. 9. ACCESS OR DISCLOSURE OF CONFIDENTIAL C. Off-Site Location Exception OR PERSONAL INFORMATION AND DATA- "Bodily injury" or "property damage" resulting RELATED LIABILITY from an insured's operations at or in A. Exclusion p. of Section I — Coverage A — connection with a "wrap project or premises" Bodily Injury And Property Damage Liability at a location to which the applicable is replaced by the following: "consolidated insurance (wrap-up) program" does not apply. p. Access Or Disclosure Of Confidential Or Personal Information And Data- D. Repair Work And Punch List Work Related Liability Exception Damages arising out of: "Bodily injury" or "property damage" resulting from "repair work" or "punch list work" at a (t) Any access to or disclosure of any "wrap project or premises" but only when the person's or organization's confidential applicable "consolidated insurance (wrap-up) or personal information, including program" does not apply or no longer applies patents, trade secrets, processing to such "repair work"or"punch list work". methods, customer lists, financial information, credit card information, This exception does not apply to the cost of health information or any other type of performing such "repair work" or "punch list nonpublic information; or work", or to the "repair work" or "punch list work" itself. (2) the loss of, loss of use of, damage to, corruption of, inability to access, or E. Additional Insured Extension inability to manipulate "electronic "Bodily injury" or"property damage" for which data" that does not result from you are solely an additional insured under the physical injury to tangible property. "consolidated insurance(wrap-up) program". This exclusion applies even if damages The coverage provided under Paragraphs &A are claimed for notification costs, credit through B.E. above is subject to all terms, monitoring expenses, forensic expenses, conditions and exclusions of this policy. public relations expenses or any other For purposes of Paragraph 8., the following loss, cost or expense incurred by you or definitions apply: others arising out of that which is "Consolidated insurance (wrap-up) program" described in Paragraph (1)or(2)above. means any agreement or arrangement, including However, unless Paragraph (1) above any contractor-controlled, owner-controlled or applies, this exclusion does not apply to similar insurance program under which one or liability for damages because of "bodily more contractor(s) working on a specified project injury'. Page 4 of 6 Form HS 24 50 03 17 B. The following is added to Paragraph 2. b. Loss of use of tangible property that is not Exclusions of Section 1 — Coverage B — physically injured. All such loss of use Personal and Advertising Injury: shall be deemed to occur at the time of 2. Exclusion the"occurrence"that caused it;or This insurance does not apply to: c. Loss of, loss of use of, damage to, Access Or Disclosure Of Confidential corruption of, inability to access, or Or Personal Information inability to properly manipulate "electronic data", resulting from physical injury to "Personal and advertising injury' arising tangible property. All such loss of out of any access to or disclosure of any "electronic data"shall be deemed to occur person's or organization's confidential or at the time of the "occurrence" that personal information, including patents, caused it. trade secrets, processing methods, For the purposes of this insurance, "electronic customer lists, financial information, credit data"is not tangible property. card information, health information or any other type of nonpublic information. 10. SUPPLEMENTARY PAYMENTS This exclusion applies even if damages In the Supplementary Payments—Coverages A are claimed for notification costs, credit and B provision: monitoring expenses, forensic expenses, The limit for the cost of bail bonds is increased to public relations expenses or any other $2,500. loss, cost or expense incurred by you or 11. TWO OR MORE COVERAGE PARTS OR others arising out of any access to or POLICIES ISSUED BY US disclosure of any person's or organization's confidential or personal If this policy and any other policy issued to an information. insured by us or any affiliated company provides coverage that applies to the same claim or C. The following paragraph is added to Section damages, the maximum applicable limit(s) of III—Limits Of Insurance: liability or limit of insurance under all the policies Subject to Paragraph 5. Each Occurrence will not exceed the highest applicable limit of Limit, the most we will pay under Coverage liability or limit of insurance under any one policy. A for"property damage" because of all loss of This condition does not apply to any policy issued "electronic data" arising out of any one by us or an affiliated company specifically written "occurrence" is $100,000, unless modified by to apply as excess insurance over this policy. endorsement. 12P"^"'^_^_^AAlGEA ir" AQ&bF&hAWsWIFICATE D. The following definition is added to Section V AQWBRW -Definitions: This policy is subject to the following additional "Electronic data" means information, facts or Conditions: programs: A. If this policy is cancelled by the Company, a. Stored as or on; other than for nonpayment of premium, notice b. Created or used on;or of such cancellation will be provided at least c. Transmitted to or from; thirtyrliggrdW in advance of the cancellation effective date to the certificate holder(s) with computer software, (including systems and mailing addresses on file with the agent of applications software) hard or floppy disks, record or the Company. CD-ROMS, tapes, drives, cells, data B. If this policy is cancelled by the Company for processing devices or any other media which nonpayment of premium, or by the insured, are used with electronically controlled notice of such cancellation will be provided equipment. within {,'in}�j6 of the cancellation effective E. For the purposes of the coverage provided by date to the certificate holder(s) with mailing this provision, the definition of "property addresses on file with the agent of record or damage" in Section V - Definitions is the Company. replaced by the following: If notice is mailed, proof of mailing to the last "Property damage" means: known mailing address of the certificate holder(s) a. Physical injury to tangible property, on file with the agent of record or the Company including all resulting loss of use of that will be sufficient proof of notice. property. All such loss of use shall be Any notification rights provided by this deemed to occur at the time of the endorsement apply only to active certificate physical injury that caused it; Form HS 24 50 03 17 Page 5 of 6 holder(s) who were issued a certificate of An obligation, as required by ordinance, insurance applicable to this policy's term. to indemnity a municipality. Failure to provide such notice to the certificate b. CONTRACTUAL LIABILITY holder(s) will not amend or extend the date the Paragraph f. of the definition of "insured cancellation becomes effective, nor will it negate contract" is deleted and replaced by the cancellation of the policy. Failure to send notice following: shall impose no liability of any kind upon the Company or its agents or representatives. That part of any other contract or 13. CONTRACTUAL LIABILITY COVERAGE FOR agreement pertaining to your business PERSONAL AND ADVERTISING INJURY (including an indemnification of a municipality in connection with work Exclusion e. of SECTION I—COVERAGE B performed for a municipality) under which PERSONAL AND ADVERTISING INJURY you assume the tort liability of another LIABILITY is replaced by the following: party to pay for "bodily injury", "property damage", or "personal and advertising This insurance does not apply to: injury' to a third person or organization. e. Contractual Liability Tort liability means a liability that would be "Personal and advertising injury" for which the imposed by law in the absence of any contract or agreement. insured has assumed liability in a contract or agreement. This exclusion does not apply to Paragraph f. includes that part of any liability for damages: contract or agreement that indemnifies a (1) That the insured would have in the railroad for "bodily injury", "property absence of the contract or agreement; or damage", or "personal and advertising injury' arising out of construction or (2) Assumed in a contract or agreement that demolition operations, within 50 feet of is an "insured contract", provided the any railroad property and affecting any "personal and advertising injury' occurs railroad bridge or trestle, tracks, road- subsequent to the execution of the beds, tunnel, underpass or crossing. contract or agreement. Solely for the However, Paragraph f. does not include purposes of liability assumed in an that part of any contract or agreement: "insured contract", reasonable attorney fees and necessary litigation expenses (1) That indemnifies an architect, incurred by or for a party other than an engineer or surveyor for injury or insured are deemed to be damages damage arising out of: because of "personal and advertising (a) Preparing, approving, or failing to injury', provided: prepare or approve, maps, shop (a) Liability to such party for, or for the drawings, opinions, reports, cost of, that party's defense has also surveys, field orders, change been assumed in the same "insured orders or drawings and contract"; and specifications; or (b) Such attorney fees and litigation (b) Giving directions or instructions, expenses are for defense of that party or failing to give them, if that is against a civil or alternative dispute the primary cause of the injury or resolution proceeding in which damage; or damages to which this insurance (2) Under which the insured, if an applies are alleged. architect, engineer or surveyor, 14. INSURED CONTRACT DEFINITION assumes liability for an injury or a. INSURED CONTRACT— damage arising out of the insured's CONSTRUCTION OPERATIONS AND rendering or failure to render MUNICIPAL WORK professional services, including those listed in (1) above and supervisory, Paragraph d. of the definition of "insured inspection, architectural or contract" in Section V - Definitions is engineering activities. deleted and replaced by the following: All other terms and conditions in the policy remain unchanged. Page 6 of 6 Form HIS 24 50 03 17 Bond No.9295313 PERFORMANCE BOND— PUBLIC WORKS KNOW ALL MEN BY THESE PRESENTS, WHEREAS, the City of Palm Springs, a charter city, organized and existing in the County of Riverside, California, as Obligee, (hereinafter referred to as the "City"), has awarded to the undersigned Contractor, (hereinafter referred to as the "Contractor"), an agreement for the work described as follows: INDIAN CANYON DRIVE TWO-WAY CONVERSION AND PEDESTRIAN SAFETY ENHANCEMENTS CITY PROJECT NO. 17-08 (hereinafter referred to as the 'Public Work'), and WHEREAS, the work to be performed by the Contractor is more particularly set forth in that certain Agreement (Construction Contract) for the said Public Work awarded to the Contractor and approved by-the City for the Project hereinabove named, (hereinafter referred to as the"Contract'), which Contract is incorporated herein by this reference; and WHEREAS,the Contractor is required by said Contract to perform the terms thereof, and to provide a bond both for the performance and guaranty thereof. NOW, THEREFORE, we, the undersigned Contractor, as Principal, and: Fidelity and Deposit Company of Maryland a corporation organized and existing under the laws of the State of Maryland and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City in the sum of Four Million Four Hundred Sixty Four Eight Hundred Fifty Seven and 001100 Dollars ($ 4,464,857.00 ), said sum being not less than 100 percent of the total amount payable by the City under the terms to the said Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the bounden Contractor, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said Contract and any alteration thereof made as therein provided, on his or its parts,to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill the one year guarantee of all materials and workmanship; and indemnify and save harmless the City, its officers and agents, as stipulated in said Contract, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. The said Surety,for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or to the work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration of addition to the terms of the Contract, or to the Public Work or to the Specifications. No final settlement between the City and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. INDIAN CANYON DRIVE CITY PROJECT NO. 17-08 PERFORMANCE BOND DATE June 14,2018 AGREEMENT AND BONDS-PAGE 1 PERFORMANCE BOND— PUBLIC WORKS (CONTINUED) Contractor and Surety agree that if the City is required to engage the services of an attorney in connection with enforcement of the bond, each shall pay City's reasonable attorney's fees incurred, with or without suit, in addition to the above sum. SIGNED AND SEALED, this ath day of August 2018 CONTRACTOR: Elecnor Belco Electric, Inc. Check one._individual, _partnership, x corporation (This Performance Bond must be signed by representatives and/or officers having appropriate authority to bind the Contractor and Surety to the terms of the Performance Bond.) CONTRACTOR: Elecnor Belco Electric, Inc. SURETY: Fidelity and Deposit Company of Maryland By: By Signature Si e (NOTARIZED) ARIZED) Print Name and Title: 1 _ J Print Name and Title: l CiCeC UttV C1^cL��Y(1� Joshua Sanford,Attorney-In-Fact By: Signature (NOTARIZED) Print Name and Title: By submitting this Performance Bond, the Contractor and Surety acknowledge the provisions of the Contract Documents with regard to Section 6-4 "Default by the Contractor", aS further amended by the Special Provisions. INDIAN CANYON DRIVE CITY PROJECT NO.17-OS PERFORMANCE BOND DATE June 14,2018 AGREEMENT AND BONDS-PAGE 2 PERFORMANCE BOND—PUBLIC WORKS (CONTINUED) The rate of premium on this bond is $ 3.87 side per thousand. The total amount of premium charged: $ 13,991.00 (The above must be filled in by corporate surety). IMPORTANT: Surety companies executing bonds must possess a certificate of authority from the California Insurance Commissioner authorizing them to write surety insurance defined in Section 105 of the California Insurance Code, and if the work or project is financed, in whole or in part, with Federal, grant, or loan funds, it must also appear on the Treasury Department's most current list (Circular 570 as amended). THIS IS A REQUIRED FORM. Any claims under this bond may be addressed to: (Name and Address of Surety) Zurich American Insurance Company Attn:Surety Dept.,600 Red Brook Blvd Owings Mills, MD, 21117 (Name and Address of Agent or Margaret Hentz Representative for service of process in California if 777 South Figueroa St.,Ste 3900 different from above) Los Angeles,CA 90017 (Telephone Number of Surety and 213-270-0757 Agent or Representative for service of process in California) INDIAN CANYON DRIVE CITY PROJECT NO. 17-08 PERFORMANCE BOND DATE June 14,2018 AGREEMENT AND BONDS-PAGE 3 PERFORMANCE BOND—PUBLIC WORKS (CONTINUED) ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. State of MCw 'IO[ r County of On f}tiCUS'k' C( �tS- beforeme, 1 tr`Ct..JG MCL,c"n Da etet Name,Title of Officer personally appeared 60 CLd! 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 signatures(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 identified herein, that the foregoing paragraph is true and icorr t. itn ss' a icial seal. Signature of Notary LINDA MCLEAN NOTARY PUBLIC,STATE OF NEW Y09K NO.01 MC6173290 QUALIFIED IN SUFFOLK COUNTY COMMISSION EXPIRES AUGUST 27,20�1 ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized document. THIS CERTIFICATE Title or Type of Document MUST BE ATTACHED TO THE DOCUMENT Number of Pages DATE of DOCUMENT DESCRIBED AT RIGHT: Signer(s)Other Than Named Above INDIAN CANYON DRIVE CITY PROJECT NO. 17-08 PERFORMANCE BOND DATE June 14,2018 AGREEMENT AND BONDS-PAGE 4 PERFORMANCE BOND— PUBLIC WORKS (CONTINUED) ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. State of Connecticut County of Hartford On August 8,2018 before me, Danielle D.Johnson Date Name, Title of Officer personally appeared Joshua Sanford NAME(5) 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 signatures(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 identified herein, that the foregoing paragraph is true and correct. Witness /my hand and official seal. Sig re dffNoNotary danielle D.Johnson DANIELLE D. JOHNSON NOTARY PUBLIC- CT 175556 MY COMMISSION EXPIRES JAN.31,2023 ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized document. THIS CERTIFICATE Title or Type of Document MUST BE ATTACHED TO THE DOCUMENT Number of Pages_DATE of DOCUMENT DESCRIBED AT RIGHT: Signer(s) Other Than Named Above INDIAN CANYON DRIVE CITY PROJECT NO. 17-08 PERFORMANCE BOND DATE June 14,2018 AGREEMENT AND BONDS-PAGE 4 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V,Section 8,Attorneys-in-Fact. 'fhe Chief Executive Officer,the President,or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attomey-in-fact to affix the corporate seat thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate;and 1 do further certify that Article V, Section 8,of the By-Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1999. RESOLVED: "rhat the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the I0th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed. ^ —I ES'IIMO WHERE F,I have her��l!nto subscribed my name and affixed the corporate seals of the said Companies', this o'r`day of I.UJ 20 0. ur •l ':u` p: SEAL 6ipXx�W`V� ry..� David McV icker,Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND,PLEASE SUBMIT ALL REQUIRED INFORMATION TO: Zurich American Insurance Co. Attn: Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland,and the F IDELf1'Y AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by MICHAEL BOND,Vice President, in pursuance of authority granted by Article V, Section 8, of the By-Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Donna M. PLANETA, Joshua SANFORD, Aimee R. PERONDINE, Aiza LOPEZ, Danielle D. JOHNSON, Michelle Anne McMAHON,Saykham CHANTHASONE and Noah William PIERCE,all of Hartford,Connecticut, EACH its true and lawful agent and Attomey-in-Fact,to make,execute, sea]and deliver,for,and on its behalf as surety,and as its act and deed:any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York,New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8,of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF, the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 9th day of July,A.D.2018. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND Waa+r �a r[ror� _:"••'ixsr�o --- � tar •� ate`•. )>�} tGBa ,} Ala y0ti �s��i'�••,_,_�'i��' soy,^ * 1• 1JJy t 1 ") Assistant Secretary Vice President Joshua Lecker Michael Bond State of Maryland County of Baltimore On this 9th day of July, A.D. 2018, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, MICHAEL BOND, Vice President, and JOSHUA LECKER, Assistant Secretary, of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly swam, deposeth and saith, that he/she is the said officer of the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. Constance A.Dunn,Notary Public My Commission Expires:July 9,2019 POA-F 063-9180A Bond No.9295313 PAYMENT BOND—PUBLIC WORKS KNOW ALL MEN BY THESE PRESENTS, WHEREAS, the City of Palm Springs, a charter city, organized and existing in the County of Riverside, California, as Obligee, (hereinafter referred to as the"City'), has awarded to the undersigned Contractor, (hereinafter referred to as the"Contractor"), an agreement for the work described as follows: INDIAN CANYON DRIVE TWO-WAY CONVERSION AND PEDESTRIAN SAFETY ENHANCEMENTS CITY PROJECT NO. 17-08 (hereinafter referred to as the"Public Work"); and WHEREAS, the work to be performed by the Contractor is more particularly set forth in that certain Agreement (Construction Contract) for the said Public Work awarded to the Contractor and approved by the City for the Project hereinabove named, (hereinafter referred to as the "Contract"), which Contract is incorporated herein by this reference; and WHEREAS, said Contractor is required to furnish a bond in connection with said Contract and pursuant to Section 9550 of the California Civil Code. NOW, THEREFORE, we, the undersigned Contractor, as Principal, and: Fidelity and Deposit Company of Maryland a Corporation organized and existing under the laws of the State of Maryland and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City, and to any and all persons, companies, or corporations entitled to file stop payment notices under Section 9100 of the California Civil Code, in the sum of Four Million Four Hundred Sixty Four Eight Hundred Fifty Seven and 001100 Dollars ($ 4.464,857,00 ) said sum being not less than 100 percent of the total amount payable by the City under the terms to the said Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if said Contractor, his or its heirs, executors, administrators, successors, or assigns, or Subcontractors, shall fail to pay for any materials, provisions or other supplies, implements, machinery, or power used in, upon,for, or about the performance of the Public Work contracted to be done, or to pay any person for any work or labor of any kind, or for bestowing skills or other necessary services thereon, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of paid Contractor and his Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor as required by the provisions of Sections 9550 through 9560 of the Civil Code, the Surety or Sureties hereon will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In addition to the provisions herein above, it is agreed that this bond will inure to the benefit of any and all persons, companies, and corporations entitled to serve stop payment notices under Section 9100 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. INDIAN CANYON DRIVE CITY PROJECT NO. 17-08 PAYMENT BOND DATE June 14,2018 AGREEMENT AND BONDS-PAGE 5 PAYMENT BOND—PUBLIC WORKS (CONTINUED) The Surety,for value received, hereby stipulates and agrees that no change,extension of time, alteration, or additions to the terms of the said Contract or to the work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract or to the work or to the Specifications. No final settlement between the City and the Contractor hereunder shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. Contractor and Surety, an admitted surety insurer, further agree that if the City or any entity or person entitled to file stop payment notices is required to engage the services of an attorney in connection with the enforcement of this bond, each shall be liable for the reasonable attorney's fees incurred, with or without suit, in addition to the above sum. SIGNED AND SEALED, this 8th day of August 2018 CONTRACTOR: Elecnor Belco Electric,Inc. Check one: Individual, _Partnership, x Corporation (This Payment Bond must be signed by representatives and/or officers having appropriate authority to bind the Contractor and Surety to the terms of the Payment Bond.) EXECUTED FOR THE CONTRACTOR: EXECUTED FOR THE SURETY: Fidelity and Deposit Company of Elecnor Belco Electric, Inc. Maryland By: By Signature Si e (NOTARIZED) ( ARIZED) Print Nameand Title: � � Print Name and Title: l_+LAcC,t�J. CKe_C Y(CSK�P(l� Joshua Sanford,Attorney-In-Fact By: Signature (NOTARIZED) Print Name and Title: INDIAN CANYON DRIVE CITY PROJECT NO.17-08 PAYMENT BOND DATE June 14,2018 AGREEMENT AND BONDS-PAGE 6 PAYMENT BOND—PUBLIC WORKS (CONTINUED) The rate of premium on this bond is $3.s7 slide per thousand. Premium Included The total amount of premium charged: $on Performance Bond (The above must be filled in by corporate surety). IMPORTANT: Surety companies executing bonds must possess a certificate of authority from the California Insurance Commissioner authorizing them to write surety insurance defined in Section 105 of the California Insurance Cade, and if the work or project is financed, in whole or in part, with Federal, grant, or loan funds, it must also appear on the Treasury Department's most current list(Circular 570 as amended). THIS IS A REQUIRED FORM. Any claims under this bond may be addressed to: (Name and Address of Surety) Zurich American Insurance Company Attn:Surety Dept.,000 Red Brook Blvd Owings Mills,MD, 21117 (Name and Address of Agent or Margaret Hentz Representative for service of process in California if 777 South Figueroa St.,Ste 3900 different from above) Las Angeles,CA 90017 (Telephone Number of Surety and 213-270-0757 Agent or Representative for service of process in California) INDIAN CANYON DRIVE PAYMENT BOND CITY PROJECT NO.17-08 AGREEMENT AND BONDS-PAGE 7 DATE June 14,2018 PAYMENT BOND—PUBLIC WORKS (CONTINUED) ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. State of Neu) �OJ Countyof Sr�� o�1L On AuGtiS� a aU1� before me, 1 tnCICt Mux4n —� Date t Name,Title of Officer personally appeared E�\hcY ;U ("2krC\GA_ 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 signatures(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 identified herein, that the foregoing paragraph is true and corre itne s y6c!: Signaure oy LINDA MiANI CNOTARY B STATE OF NEW Y09K NO.01 MC6173290 QUALIFIED IN SUFFOLK COUNTY COMMISSION EXPIRES AUGUST?? 2061. ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized document. THIS CERTIFICATE Title or Type of Document MUST BE ATTACHED TO THE DOCUMENT Number of Pages DATE of DOCUMENT DESCRIBED AT RIGHT: Signer(s)Other Than Named Above INDIAN CANYON DRIVE CITY PROJECT NO.17-08 PAYMENT BOND DATE June 14,2018 AGREEMENT AND BONDS-PAGE 8 PAYMENT BOND—PUBLIC WORKS (CONTINUED) ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. State of Connecticut County of Hartford On August 8,2018 before me, Danielle D.Johnson Date Name,Title of Officer personally appeared Joshua Sanford 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 signatures(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 identified herein, that the foregoing paragraph is true and correct. Witness my hand and official seal. DANIELN07ARy U LI - CT 17 ON N07ARY PUBLIC- CT I75556 Signaturer',Ndtarq Danielle D.Johnson MY COMMISSION EXPIRES JAN.31.2023 ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized document. THIS CERTIFICATE Title or Type of Document MUST BE ATTACHED TO THE DOCUMENT Number of Pages DATE of DOCUMENT DESCRIBED AT RIGHT: Signer(s)Other Than Named Above INDIAN CANYON DRIVE CITY PROJECT NO. 17-08 PAYMENT BOND DATE June 14,2018 AGREEMENT AND BONDS-PAGE 8 Disclosure Statement Z U R1 C H V NOTICE OF DISCLOSURE FOR AGENT& BROKER COMPENSATION If you want to learn more about the compensation Zurich pays agents and brokers visit: http:f/www.zurichnaproducercom pensation.com or call the following toll-free number (866) 903-1192. This Notice is provided on behalf of Zurich American Insurance Company and its underwriting subsidiaries. U-GU-874-A CW (06111) Page 1 of 1 i • ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by MICHAEL BOND, Vice President, in pursuance of authority granted by Article V, Section 8, of the By-Laws of said Companies. which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Donna M. PLANETA, Joshua SANFORD, Aimee R. PERONDINE, Aiza LOPEZ, Danielle D. JOHNSON, Michelle Anne McMAHON,Saykham CHANTHASONE and Noah William PIERCE,all of Hartford, Connecticut, EACH its true and lawful agent and Attomey-in-Fact,to make,execute,seal and deliver,for,and on its behalf as surety,and as its act and deed:any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York,New York.,the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF, the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 9th day of July,A.D.2018. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY.AND DEPOSIT COMPANY OF MARYLAND Watp ^�� ysi�r 4,40 .VH.44g;L SEAL R � = v nr •� �o Assistant Secretary Vice President Joshua Lecker Michael Bond State of Maryland County of Baltimore On this 9th day of July, A.D. 2018, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, MICHAEL BOND, Vice President, and JOSHUA LECKER, Assistant Secretary, of the Companies, to me personally known to be the individuals and effects described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly swum, deposeth and Stith, that he/she is the said officer of the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN"IESI IMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and,year first above written. ............. „ Constance A.Dunn,Notary Public My Commission Expires:July 9,2019 POA-F 063-9180A EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8,Attornevs-in-Fact. The Chief Executive Officer,the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto;and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUAL IY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8,of the By-Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company'." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the I0th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this day of 14A l ,20 19 . c, `o orror.� .�•JN ufs�"q"_'�_ pamyt, =aW 6$,x David McVicker,Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND,PLEASE SUBMIT ALL REQUIRED INFORMATION TO: Zurich American Insurance Co. Attn: Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056