ITEM 4. 19
CITY MANAGER' S REPORT
AUGUST 14, 2023 CITY COUNCIL REGULAR MEETING
ITEM: AWARD SERVICE CONTRACT TO ALL STEEL FENCE,
INC. FOR GATE PREVENTIVE MAINTENANCE &
EMERGENCY ON- CALL REPAIR SERVICES AND
APPROVE BUDGET AMENDMENT
RECOMMENDATION: Adopt Resolution Awarding a Service Contract to All Steel Fence, Inc. for Gate Preventive Maintenance &
Emergency On- Call Repair Services and Approving
Budget Amendment
SUMMARY:
Several City facilities are secured by fencing, automated sliding vehicle gates, and electronically secured pedestrian gates. As time passes, these fences and gates may be damaged or deteriorate, requiring service by an experienced contractor capable of maintaining, and repairing these security components.
Staff advertised a bid solicitation package for the procurement of these services on June 21, 2023 in accordance with Informal Bidding Procedures in California Public Contract Code ( PCC) 22034 and Lathrop Municipal Code ( LMC) 3. 30 Public Works received and opened one ( 1) bid on July 18, 2023. Based on the review and evaluation, the sole bidder All Steel Fence, Inc. ( All Steel) was determined to be a responsible contractor and their bid of $ 54, 000 was determined responsive.
Staff requests City Council award a service contract to All Steel for biannual automated sliding vehicle gate maintenance, totaling $ 54, 000 per year and an amount not to exceed $ 50, 000 annually for emergency on- call repairs.
Sufficient funds were not allocated in the approved FY 2023- 24 and FY 2024- 25 budget therefore; staff requests City Council approve a budget amendment as outlined in the fiscal impact section.
BACKGROUND:
Automated sliding vehicle gates at City facilities occasionally malfunction or incur damage, resulting in disruptions to essential services and costly emergency repair services. For these gates to function properly, regular maintenance is necessary.
Other gates and fences securing important City facilities are likewise subject to wear and occasional damage caused by vandalism, theft, and vehicle collisions, requiring prompt repair.
CITY MANAGER' S REPORT PAGE 2
AUGUST 14, 2023 CITY COUNCIL REGULAR MEETING
AWARD SERVICE CONTRACT TO ALL STEEL FENCE, INC. FOR GATE
PREVENTIVE MAINTENANCE & EMERGENCY ON- CALL REPAIR SERVICES AND
APPROVE BUDGET AMENDMENT
The following City facilities have a corresponding number of automated sliding vehicle gates:
Lathrop Police Station ( 4)
Corporation Yard ( 2)
City Hall ( 2)
Consolidated Treatment Facility ( CTF) ( 1)
The following services are necessary to ensure the uninterrupted operation and security of all City- owned gates and fencing:
1. biannual routine maintenance for the automated sliding vehicle gates at the mentioned secured facilities; and
2. Emergency on- call services to promptly repair inoperable or damaged gates or fences as soon as possible.
Staff prepared technical specifications for this service contract and solicited them for bid on June 21, 2023 in accordance with CA PCC 22034 and LMC 3. 30. The contract includes an option for the City and Contractor to execute up to three ( 3) additional consecutive one- year contract terms upon mutual agreement. The contract also includes a provision for an annual contract price adjustment of up to 5% due to inflation, subject to the Contractor' s request and City concurrence.
One ( 1) bid determined to be responsive and from a responsible bidder was received and opened by Public Works on June 18, 2023. The bid results are summarized in Table 1 below:
Tab/ e 1: Summary of Bid Results
FY 2023- 24 Fence and Gate Repair & Maintenance Services Contractor Total Base Bid
All Steel Fence, Inc. 54, 000
Staff reviewed and evaluated the bid, and determined that All Steel is a responsible bidder and their bid is responsive. Staff requests City Council award a service contract to All Steel for biannual automated sliding vehicle gate maintenance, totaling $ 54, 000 and an amount not to exceed $ 50, 000 for emergency on- call repairs.
Staff also requests that City Council authorize the City Manager to approve up to three ( 3) additional consecutive one- year contract terms with All Steel at a total estimated value of $ 344, 153, including a contingent budget of $ 50, 000 per contract term for gate and fence repairs and a maximum 5% annual inflation adjustment.
CITY MANAGER' S REPORT PAGE 3
AUGUST 14, 2023 CITY COUNCIL REGULAR MEETING
AWARD SERVICE CONTRACT TO ALL STEEL FENCE, INC. FOR GATE
PREVENTIVE MAINTENANCE & EMERGENCY ON- CALL REPAIR SERVICES AND
APPROVE BUDGET AMENDMENT
REASON FOR RECOMMENDATION:
The recommended contracts will provide the City routine maintenance services for automated vehicle gates and repairs to damaged or inoperable fencing and gates.
These services will effectively decrease the frequency and duration of malfunctions, thereby reducing the City' s operational expenses for these facilities.
FISCAL IMPACT:
The proposed service contract with All Steel is for $54, 000, and the requested 50, 000 emergency on- call repair contingency brings the estimated initial contract term total to $ 104, 000. The estimated contract cost budget is summarized in Table 2 below:
Table 2: Estimated Contract Cost Budget Summary
Annual
Est.
Total Year 2 otal Year 3 Total Year 4
Maint. Emergency Total Year 1
FY 2024- 25 FY 2025- 26 FY 2026- 27
Needs
On- Call $ FY 2023- 24
Opt) Opt) Opt)
Needs
54, 000 50, 000 104, 000 109, 200 114, 660 120, 393
Staff requests that City Council authorize the City Manager to approve up to three 3) additional consecutive one- year contract terms with All Steel at a total estimated value of $ 344, 153, including a budget of $ 50, 000 per contract term for gate and fence repairs and a maximum 5% annual inflation adjustment to routine maintenance service prices and emergency on- call repair prices, based on the State of California Department of General Services Construction Cost Index.
Sufficient funds were not allocated in the approved FY 2023- 24 and FY 2024- 25 budgets. Staff requests City Council approve the budget amendments as detailed below to fund the routine maintenance and the emergency on- call repair of fences and gates securing important City facilities.
Fund
Increase FY 2023- FY 2024-
A ro riation 24 25
General Fund 1010- 40- 50- 420- 25- 00 $ 35, 000 40, 250 General Fund 1010- 30- 10- 420- 16- 00 $ 8, 500 9, 775
General Fund 1010- 30- 05- 420- 25- 00 $ 17, 000 19, 550 Water Fund 5620- 50- 50- 420- 25- 00 $ 8, 500 9, 775
CTF- MBR Sewer Fund 6080- 50- 34- 420- 25- 00 $ 11, 000 12, 650 General Fund 1010- 30- 20- 420- 25- 00 $ 12, 000 12, 000 Streets Fund 2080- 50- 10- 420- 25- 00 $ 12, 000 12, 000 CITY MANAGER' S REPORT PAGE 4
AUGUST 14, 2023 CITY COUNCIL REGULAR MEETING
AWARD SERVICE CONTRACT TO ALL STEEL FENCE, INC. FOR GATE
PREVENTIVE MAINTENANCE & EMERGENCY ON- CALL REPAIR SERVICES AND
APPROVE BUDGET AMENDMENT
Future budget approvals would be required prior to FY 2025- 26 & FY 2026- 27 for any term extensions.
ATTACH M ENTS:
A. Resolution Awarding a Service Contract to All Steel Fence, Inc. for Gate Preventative Maintenance & Emergency On- Call Repairs and Approving Budget Amendment
B. Service Contract with All Steel Fence, Inc. for the Preventative Gate Maintenance and Emergency On- Call Repairs
CITY MANAGER' S REPORT PAGE 5
AUGUST 14, 2023 CITY COUNCIL REGULAR MEETING GpTE
AWARD SERVICE CONTRACT TO ALL STEEL FENCE, INC. FOR
PREVENTIVE MAINTENANCE & EMERGENCY ON- CALL REPAIR SERVICES AND
APPROVE BUDGET AMENDMENT
APPROVALS:
G.-..,, ci 7-Z 7• 27
Steven Hollenbeak Date
Assistant Engineer
I - 3
Ken Reed Date
Senior Construction Manager
1 ?. vZ3
Brad ylor Date
City Engineer
li ao 3
Cari s Date
Direct of Finance
7• 27 • 2oz3
Michael King Date
Assistant ity Manager
a a3
Salvador Navarrete Date
City Attorney
8•3•23
S ephen J. Salvatore Date
City Manager
RESOLUTION NO. 23-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP AWARDING A SERVICE CONTRACT TO ALL STEEL FENCE, INC. FOR GATE PREVENTIVE
MAINTENANCE & EMERGENCY ON- CALL REPAIR SERVICES AND APPROVING
BUDGET AMENDMENT
WHEREAS, automated vehicle gates at various City facilities are in need of routine maintenance services to support their continuous operation; and WHEREAS, the City also desires to procure emergency on- call services to rebuild damaged or inoperable fencing and gates securing important City facilities; and
WHEREAS, the City does not have the resources to perform these services Project); and
WHEREAS, City staff prepared and solicited for bid a contract for the maintenance services and rates for emergency on- call fence and gate repair on June 19, 2023 in accordance with California Public Contract Code 22034 and Lathrop Municipal Code 3. 30; and
WHEREAS, the initial one- year term of the contract will expire on June 30, 2024 and contains options for renewal for an additional three ( 3) one- year terms; and
WHEREAS, a total of one ( 1) bid was received from All Steel Fence, Inc. ( All Steel) and opened by Public Works on July 18, 2023; and WHEREAS, upon review and evaluation, All Steel' s bid of $ 54, 000 for annual gate maintenance services was determined to be responsive and from a responsible bidder; and
WHEREAS, staff requests that City Council award a service contract to All Steel in the amount of $ 54, 000 for the subject maintenance services; and WHEREAS, staff also requests that City Council approve a $ 50, 000 annual budget for FY 2023- 24 and for FY 2024- 25 for the emergency on- call repair of any City- owned gate or fence; and
WHEREAS, sufficient funds were not included in the adopted FY 2023- 24 and FY 2024- 25 budgets to fund the routine maintenance and emergency on- call work; and
WHEREAS, therefore, staff also requests City Council approve the following budget amendment, as detailed below;
Increase Appropriations FY 2023- 24 FY 2024- 25
1010- 40- 50- 420- 25- 00 35, 000 40, 250
1010- 30- 10- 420- 16- 00 8, 500 9, 775
1010- 30- 05- 420- 25- 00 17, 000 19, 550
5620- 50- 50- 420- 25- 00 8, 500 9, 775
6080- 50- 34- 420- 25- 00 11, 000 12, 650
1010- 30- 20- 420- 25- 00 12, 000 12, 000
2080- 50- 10- 420- 25- 00 12, 000 12, 000
WHEREAS, staff requests that City Council authorize the City Manager to approve up to three ( 3) additional consecutive one- year contract extensions with All Steel at a total estimated value of $ 344, 153, including a contingent budget of 50, 000 per fiscal year for the emergency on- call gate and fence repairs and a maximum 5% annual inflation adjustment to routine maintenance service prices and on- call repair prices; and
WHEREAS, future budget approvals would be required prior to FY 2025- 26 and FY 2026- 27 contract term extensions.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby award a service contract to All Steel Fence, Inc. for Gate Preventative Maintenance Services in the amount of $ 54, 000; and BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop does hereby approve a $ 50, 000 not-to- exceed budget for FY 2023- 24 for the Emergency On- Call Repairs; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop does hereby approve the budget amendment as detailed above; and BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop does hereby authorize the City Manager to approve up to three ( 3) additional consecutive one- year contract extensions with All Steel at a total estimated value of $ 344, 153, including a contingent budget of $ 50, 000 and a maximum 5% annual inflation adjustment.
The foregoing resolution was passed and adopted this 14t" day of August, 2023 by the following vote of the City Council, to wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City ttorney FY 2023- 2024 GATE MAINTENANCE AND FENCE AND GATE REPAIR SERVICES
CUPCCAA INFORMAL BID SOLICITATION SERVICE CONTRACT
FY 2023- 2024 GATE MAINTENANCE AND GATE AND FENCE REPAIR SERVICES
CONTRACT
This Contract, dated August 14, 2023, is entered into by and between the City of Lathrop, a municipal corporation of the State of California ( City), and All Steel Fence, Inc., ( Contractor), whose Taxpayer ldentification Number is
For and in consideration of the following covenants, terms and conditions, City and Contractor( the parties) agree:
1. Term. This Agreement shall commence on, and be binding on the parties on, the date of execution of this Agreement, and shall expire on June 30, 2024, subject to the earlier termination of this Agreement. This contract may be extended by the City Manager at his sole discretion for up to three ( 3) additional one- year terms as follows:
Optional Term 1: July l, 2024— June 30, 2025
Optional Term 2: July 1, 2025 — June 30, 2026
Optional Term 3: July 1, 2026— June 30, 2027
The City shall notify the Contractor in writing of its intent to extend the contract by June 1 ofthe current contract term.
2. General Scope of Project and Work. Contractor shall furnish labor, services, materials and equipment in connection with the FY 2023/ 2024 Fence and Gate Repair & Maintenance Services Contract and complete the Work in accordance with the covenants, terms and conditions of this Ageement to the satisfaction of City. The FY 2023/ 2024 Fence and Gate Repair& Maintenance Services and Work are specifically detailed in the Agreement Documents referenced in paragraph 3 below:
For: FY 2023/ 2024 GATE MAINTENANCE AND GATE AND FENCE REPAIR
SERVICES
Routine Maintenance: Fifty Four Thousand Dollars ($ 54, 000. 00) On-Call Services: Not-to-Exceed Fifty Thousand Dollars (NTE $50, 000.00)
3. A reement Documents. This Agreement shall include the following documents: " FY 2023/ 2024 Gate Maintenance and Gate and Fence Repair Services Contract Specifications," and the Bid Documents Submitted by All Steel Fence, Inc. on July 18, 2023, which are on file with the Public Works Department and are hereby incorporated by reference. For the purposes of construing, interpreting and resolving inconsistencies between the provisions ofthis Agreement, these documents and the provisions thereof are set forth in the following order of precedence described in Article 3 of the General Conditions.
4. Compensation. In consideration of Contractor' s performance of its obligations hereunder, City shall pay to Contractor a sum not to exceed the amount set forth in Contractor' s Bid FY 2023- 2024 FENCE AND GATE REPAIR& MAINTENANCE SERVICES
CUPCCAA INFORMAL BID SOLICITATION SERVICE CONTRACT
Agreement Documents. Contractor hereby shall not be permitted to invoice the City nor accept compensation for work not yet complete. In no event, shall the Contractor be entitled to payment for work not included in the approved scope of work, a written task order, or change order signed by the City' s Public Works Director prior to commencement of any work.
5. Insurance. On or before the Date of Execution, Contractor shall obtain and maintain the policies of insurance coverage described in the Instruction to Bidders on terms and conditions and in amounts as may be required by the Risk Manager. City shall not be obligated to take out insurance on Contractor' s personal property or the personal property of any person performing labor or services or supplying materials or equipment under the Project. Contractor shall furnish Ciry with the certificates of insurance and with original endorsements affecting coverage required under this Agreement on or before the Date of Execution.
The certificates and endorsements for each insurance policy shall be signed by a person who is authorized by that insurer to bind coverage in its behalf. Proof of insurance shall be mailed to the Project Manager to the address set forth in Section 15 of this Agreement.
6. Indemnification. Contractor agrees to protect, defend, indemnify and hold City, its City Council members, officers, employees, engineer, and construction manager harmless from and against any and all claims, demands, liabilities, losses, damages, costs, expenses, liens, penalties, suits, or judgments, arising in whole or in part, directly or indirectly, at any time from any injury to or death of persons or damage to property as a result of the willful or negligent act or omission of Contractor, or which results from Contractor' s noncompliance with any Law respecting the condition, use, occupation or safety of the Project site, or any part thereof, or which arises from Contractor' s failure to do anything required under this Agreement or for doing anything which Contractor is required not to do under this Agreement, or which arises from conduct for which any Law imposes strict liability on Contractar in the performance of or failure to perform the terms and conditions of this Agreement, except as may arise from the sole willful or negligent act or omission of City or any of its City Council members, officers, employees. This indemnification shall extend to any and all claims, demands, or liens made or filed by reason of any construction, renovation, or remodeling work performed by Contractor under this Agreement at any time during the term of this Agreement, or arising thereafter.
7. Assumption of Risk. Contractor hereby expressly and voluntarily assumes any and all risk of loss, damage, or injury to the property of Contractor which may occur in, on, or about Municipal Facilities at any time and in any manner, excepting such loss, injury, or damage as may be caused by the sole willful or negligent act or omission of City or any of its City Council members, officers, or employees.
8. Waiver. The acceptance of any payment or performance, or any part thereof, shall not operate as a waiver by City of its rights under this Agreement. A waiver by City of any breach of any part or provision of this Agreement by Contractor shall not operate as a waiver or continuing waiver of any subsequent breach of the same or any other provision, nor shall any custom or practice which may arise between the parties in the administration FY 2023- 2024 FENCE AND GATE REPAIR& MAINTENANCE SERVICES
CUPCCAA INFORMAL BID SOLICITATION SERVICE CONTRACT
of any part or provision of this Agreement be construed to waive or to lessen the right of City to insist upon the performance of Contractor in strict compliance with the covenants, terms and conditions of this Agreement.
9. Compliance with Laws. Contractor shall comply with all Laws now in force or which may hereafter be in force pertaining to the Project and Work and this Agreement, with the requirement of any bond or fire underwriters or other similar body now or hereafter constituted, with any discretionary license or permit issued pursuant to any Law of any public agency or official as well as with any provision of all recorded documents affecting Municipal Facilities, insofar as any are required by reason of the use or occupancy of Municipal Facilities, and with all Laws pertaining to nondiscrimination and affirmative action in employment and hazardous materials.
10. Bonds. NOT USED.
11. Representations and Warranties. In the supply of any materials and equipment and the rendering of labor and services during the course and scope of the FY 2023- 2024 Fence and Gate Repair & Maintenance, Contractor represents and warrants:
1) Any materials and equipment which shall be used during the course and scope of the FY 2023- 2024 Fence and Gate Repair & Maintenance shall be vested in Contractor;
2) Any materials and equipment which shall be used during the course and scope of the FY 2023- 2024 Fence and Gate Repair & Maintenance shall be merchantable and fit to be used for the particular purpose for which the materials are required; 3) This item not used;
4) This item not used;
5) Any information submitted by Contractor prior to the award of Agreement, or thereafter, upon request, whether or not submitted under a continuing obligation by the terms of the Agreement to do so, is true and correct at the time such information is submitted or made available to the City;
6) Contractor has not colluded, conspired, or agreed, directly or indirectly, with any person in regard to the terms and conditions of Contractor' s Bid, except as may be permitted by the Instructions to Bidders;
7) Contractor has the power and the autharity to enter into this Agreement with City, that the individual executing this Agreement is duly authorized to do so by appropriate resolution, and that this Agreement shall be executed, delivered and performed pursuant to the power and authority conferred upon the person or persons authorized to bind Contractor;
FY 2023- 2024 FENCE AND GATE REPAIR& MAINTENANCE SERVICES
CUPCCAA INFORMAL BID SOLICITATION SERVICE CONTRACT
8) Contractar has not made an attempt to exert undue influence with the Project Manager or any other person who has directly contributed to City' s decision to award the Agreement to Contractor;
9) There are no unresolved claims or disputes between Contractor and City which would materially affect Contractor' s ability to perform under the Agreement; 10) Contractor has furnished and will furnish true and accurate statements, records, reports, resolutions, certifications, and other written information as may be requested of Contractor by City from time to time during the term of this Agreement;
11) Contractor and any person performing labor and services under FY 2023- 2024 Fence and Gate Repair & Maintenance is duly licensed as a contractor with the State of California as required by California Business & Professional Code Section 7028, as amended; and
12) Contractor has fully examined and inspected the Municipal Facilities and has full knowledge of the physical conditions of the Municipal Facilities.
12. Assi. n. This Agreement and the performance required hereunder is personal to Contractor, and it shall not be assigned by Contractor. Any attempted assignment shall be null and void.
13. Claims of Contractor. All claims pertaining to extra work, additional charges, or other disputes arising out of the Agreement shall be submitted by Contractor in accordance with the General Conditions.
14. Audits by City. During the term of this Agreement and for a period of not less than three 3) years after the expiration or earlier termination of this Agreement, City shall have the right to audit Contractor' s FY 2023- 2024 Fence and Gate Repair& Maintenance Servicesrelated and Work- related writings and business records, as such terms are defined in California Evidence Code Sections 250 and 1271, as amended, during the regular business hours of Contractor, or, if Contractor has no such hours, during the regular business hours of City.
15. Notices. All agreements, appointments, approvals, authorizations, claims, demands, Change Orders, consents, designations, notices, offers, requests and statements given by either party to the other shall be in writing and shall be sufficiently given and served upon the other party if( 1) personally served, ( 2) sent by the United States mail, postage prepaid, 3) sent by private express delivery service, or (4) in the case of a facsimile transmission, if sent to the telephone FAX number set farth below during regular business hours of the receiving party and followed with two ( 2) Days by delivery of a hard copy of the material sent by facsimile transmission, in accordance with ( 1), ( 2) or ( 3) above. Personal service shall include, without limitation, service by delivery and service by facsimile transmission.
FY 2023- 2024 FENCE AND GATE REPAIR& MAINTENANCE SERVICES
CUPCCAA INFORMAL BID SOLICITATION SERVICE CONTRACT
To City: City of Lathrop
City Clerk
390 Towne Centre Drive
Lathrop, CA 95330
Copy to: City of Lathrop
Department of Public Works
390 Towne Centre Drive
Lathrop, CA 95330
209) 941- 7454
FAX: ( 209) 941- 7449
To Contractor:
Phone:
Fax:
ATTN:
16. Miscellaneous.
1) Bailee Disclaimer. The parties understand and agree that City does not purport to be Contractor' s bailee, and City is, therefore, not responsible for any damage to the personal property of Contractor.
2) Consent. Whenever in this Agreement the approval or consent of a party is required, such approval or consent shall be in writing and shall be executed by a person having the express authority to grant such approval or consent. 3) Controlling Law. The parties agree that this Agreement shall be governed and construed by and in accordance with the Laws of the State of California. 4) Definitions. The definitions and terms are as defined in these specifications. 5) Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to perform its obligations under this Agreement which directly results from an Act of God or an act of a superior governmental authority. 6) Headings. The paragraph headings are not a part of this Agreement and shall have no effect upon the fence and gate maintenance services or interpretation of any part of this Agreement.
7) Incorporation of Documents. All documents constituting the Agreement Documents described in Section 3 hereof and all documents which may, from time to time, be referred to in any duly executed amendment hereto are by such reference incorporated in this Agreement and shall be deemed to be part of this Agreement.
FY 2023- 2024 FENCE AND GATE REPAIR& MAINTENANCE SERVICES
CUPCCAA INFORMAL BID SOLICITATION SERVICE CONTRACT
8) Integration. This Agreement and any amendments hereto between the parties constitute the entire agreement between the parties concerning the Fence and Gate Services and Work, and there are no other prior oral or written agreements between the parties that are not incorporated in this Agreement. 9) Modification of Agreement. This Agreement shall not be modified or be binding upon the parties unless such modification is agreed to in writing and signed by the parties.
10) Provision. Any agreement, covenant, condition, clause, qualification, restriction, reservation, term or other stipulation in the Agreement shall define or otherwise control, establish, or limit the performance required or permitted or to be required of or permitted by either party. All provisions, whether covenants or conditions, shall be deemed to be both covenants and conditions.
11) Resolution. Contractor shall submit with its Bid a copy of any corporate or partnership resolution or other writing, which authorizes any director, officer or other employee or partner to act for or on behalf of Contractor or which authorizes Contractor to enter into this Agreement.
12) Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is void or unenforceable, the provisions of this Agreement not so affected shall remain in full force and effect.
13) Status of Contractor. In the exercise of rights and obligations under this Agreement, Contractor acts as an independent contractor and not as an agent or employee of City. Contractor shall not be entitled to any rights and benefits accorded or accruing to the City Council members, officers or employees of City, and Contractor expressly waives any and all claims to such rights and benefits. 14) Successors and Assigns. The provisions of this Agreement shall inure to the benefit of, and shall apply to and bind, the successors and assigns of the parties. 15) This item not used.
16) Venue. In the event that suit is brought by either party hereunder, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of San Joaquin or in the United States District Court for the Eastern District of California.
17) Recovery of costs. The prevailing party in any action brought to enforce the terms of this Agreement or arising out of this Agreement may recover its reasonable costs, including reasonable attorney' s fees, incurred or expended in connection with such action against the non- prevailing party.
18) Contractor and subcontractors must comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act ( 42 USC 1857( h)), FY 2023- 2024 FENCE AND GATE REPAIR& MAINTENANCE SERVICES
CUPCCAA INFORMAL BID SOLICITATION SERVICE CONTRACT
Section 508 of the Clean Water Act ( 33 USC1368), Executive Order 11738, and Environmental Protection Agency Regulations at 40 CFR Part 15. 19) Contractors and subcontractors must comply with mandatory standards and policies relating to the energy efficiency which are contained in the State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation ACT (Public Law 94- 163, 89 stat 871).
20) The Contractor shall provide access to the site for the Environmental Protection Agency and its duly authorized representatives, and the City. 21) If during the course of construction evidence of deposit of historical or archaeological interest is found, the Contractor shall cease operation affecting the find and shall notify the City, who shall notify the EPA and the State Historic Preservation Officer. No further disturbance of the deposits shall ensue until the Contractor has been notified by the City that construction may proceed. The City will issue a notice to proceed only after the state official has surveyed the find and made a determination to the EPA and the City. Compensation to the contractor, if any, for lost time or changes in construction to avoid the find, shall be determined in accordance with changed conditions or change order provisions of the Construction Documents.
22) Notice to Proceed. Prior to commencing work under this Contract, CONTRACTOR shall receive a written " Notice to Proceed" from CITY. A Notice to Proceed shall not be issued until all necessary bonds and insurances have been received. City shall not be obligated to pay CONTRACTOR for any services prior to issuance of the Notice to proceed.
23) Signatures. The individuals executing this Contract represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Contract on behalf of the respective legal entities of the CONTRACTOR and the CITY. This Contract shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
24) This project is a public works project: Contractor shall comply with requirements of California Labor Code § 1700 and following, and prevailing wages shall be paid for work performed on this project.
25) The statutory provisions for penalties for failing to comply with the State of California wage and labor laws be enforced, as well as that for failing to pay prevailing wages.
EXHIBITS:
EXHIBTT A: Contractor' s Submitted Bid Packet
Certification of insurance and worker' s compensation certification shall be furnished to the City by the Contractor after City Council' s approval.
FY 2023- 2024 FENCE AND GATE REPAIR& MAINTENANCE SERVICES
CUPCCAA INFORMAL BID SOLICITATION SERVICE CONTRACT
IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above stated in Lathrop, California.
Approved as to Form: City of Lathrop
City rney
1 ' , 3
Salvador Navarrete Date
Recommended for Approval: City of Lathrop
Assistant City Manager
Michael King Date
Approved By:
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Stephen J. Salvatore Date
City Manager
Contractor: ALL STEEL FENCE, INC.
146 KLO ROAD # 9733
LATHROP. CA 95330
209) 983- 8409
Fed ID #
Lathrop Business License #
Signature Date
Print Name and Title
SECTI01'+I Q0 00
Y zozs- Zoza Nc, nt c; TL NEe tu« n rcN:rtrc s: Hv c; s CUI' CCAA I 1FOEtt4iAL SIU SOL1f_ITATI( lN RID PROPOSr1i, FORA4S BID PRUPtJrSAL FORMS
TO: City of Lathrop
39Q Towne Centre Drive
Lathrop, CA 95330
TTENT[ ON: F' ublic Vorks Dcpartment
FC?R: FY 2023- 2424 FENCE AND GATE REPAIR& NiAINTENANCE SERViCCS
Tf-[E UNDCRSIGNGD, AS BtDDER, 1- lGRCBY AGRCES AND D CLARES Tf- AT:
LEGAL COMI' LIANCE
Thc a» I} persons or pa ties interested in this Bid as Princip ls are thase named herein; that this E3id is made without collusion vith any other} erson, firm, partnership, corporatian, or assaciation; that he has carefully examined the locatian o4' the proposed work and the Contract Documents, and he proposes and agrees that ifthis Bit is accepted tte wi11 contract with the City of Lathrop, in the form of thc Contraci as set octh in the Cantraci Documenis for said project, ta provide all the necessary labor, services, materials, and equipment, and ta do ail ihe work and furnish all the malerials; and that he aill accept in 1'ull payment theretore the price as propased in the 1o11owing Bid Schedule.
SCHEDULE OF PRICES
Alt ap licable permii fees, licensing costs, sales taxes, State, and/ or Federal, and an; other taxes, atent cibhts, or r yalties are included in thc priccs c uotcd in thc Bid. Ali blank spaccs rnust be fitled in.
BASi5 OF AWARD
The basis f'or award of the contrack will be ihe total price of the basc 6id. ` I' he City oF Lathrop resen ts the right to a« ard the worlc contimplated by anly the Qase Biti or nane af the work.
SEE INSTRUCTIC7N5 T BiDDERS- BlllS ON f' AGE 00140- 2 I= R DETAILS. 0304- 1
SECTION 00300
FY 2023- 2U2J FENCE AND GA7' 1Z PA1R& M11AIN7' ENr1NCG SEtt' IC: S CUPCCAA INFOR tAi. B[ D SUI ICI' t'A't`KlN B1D 1' ROFOSAL( t) RM1IS FY 2023- 202d ENC Atti1D GATE REPAIR 8c MAINTENANCE SERVICES
BASE BID SCHEDULE
1. SCHEDULED MAINT NANCE FC?R AUTOMATED GATES
BID
DESCRIPTI N
UNIT ANiVUAL
1TEM QUANTITY UNITS
pRICE TOTAL
Bi- Annual Maintenance
g A
bp a Q
for 9 Autamated Gates 3 Oq0 '-,(} Oj} '-'—
4 TC)TAL SCHEDULED lY1AlNTENANCE, BASE SID: _ '' J-- a D00 TC} TAL BASE BID: 5 ''-• 4
TOTAL BAS BID IN WC1RllS: l-_ a 1'jnLrcLil o b+-- kL5 Ati1D RATC SCHED[ 3LES
1. EMERC NCY CALL OUT
DESCRIPTIfJN
A`tIIV.# HOURLY TOTAL
HOURS RATE
On- Call R s anse Minimum Charge „ G jp•-- $ 1 ppp•
4-'
2. LABOA PLUS MATFRIAI.S
ITEN1 DESCRIPTIUN UNITS
UNIT
PRl C E
t
Replace Steel rencin;,
L . flQ
4' ]-[ ei ht y'---
Re. lace Steel Fencin;, qp
6' Hei 7hi
Lr j ''
3 Replace Stee) Fencing, L ,
t 4
8' Hei= ht J. _.
9—
Replacc Chain Link
LF d
Fencin < 6' Hei= ht) GI I •-''
S
Replace Chain Link
encin j6'+ Nai ht) 0 '
40300- 2
SECTION 0030Q
F!' 2023- 242d FENCE ANi} GA't'F REPAfFi& h1A(; ti' i'LN,-iNCi; SERVICI: S CUPCCAA l FOIii1IAL BtD SOLICITATION Blll PRi) FOSAL POI{; iS RATE SCHEDUL S( con' d}
3. LABQR ONLY RATES
ITEM DESCRIPTION UNITS
UIYIT
PRICE
Labar Rate - Foreman ti
8: 00 AM- 5: 00 PNI
MAN- HR (.. ,_,..-
AfterrHaurs
Foreman
MAN- 1- R '-
Labor Rate - Laborer
8; Ofl AM - 5: 04 PM
MAN- I-1R --
4 Labor Rate- Laborer ,,
y R
After Hours
4. MATERIALS 1 1ARK- UP RATE
ITEM DESCRIPTI4N UNITS
NIT
PRICE
I Nlaterials Mark- Up Rate o
j,,G}
o
00300- 3
SECTION 00300
F1' 20Z3- 2024 FE' YCE ANI) GATE REPAIf2& A1eslti'1' N<1tiCE; ti ItV10E:5 CUPCC iA LtiFQK! 41AL B1C? SOLTCITA' TION R1D PROPOSAI, ORM115 INFQRMAT[ ON REQUIRED C3F BIDDER
The Bidder{ Contractor) shalf furnish t6e f'c llo vin information. This informatian is considered essential in enabling the Project Manager to determine if the Bidder is experienced in similar types of work and ifi the Bid is based on a careful study of ineihods applicable ta the vork and full realization of the various factors which may affect the progress of the work. Failure to cornqlv with this requirement may render the Bid non- respansive and mav cause iis rejection. Additionat sheets shall be attached as required.
BIDD It' S INFORI IATION
t) Bidder' s name and address:
k11 Sfi L C, T'
l K_t n d
l,Gttl ra k ( t
Z} Bidder' s office tcl phone numbcr: ' q J -' Q)-{} q
3) Didder' s fax number: ( ' L 1 aQ,'L — - j
l) Bidder' s Contractar' s I. icense( C) ass}: '{- 1 7 ' -- ( j License No.: " M Gf l'
Expires; Q " l 20' 1 J
5) List eampleteci or ongoing service contracts af a nature similar to lhis project:
Aroject Contract Name, Address and
Price I'clephone Number af Owner
D 4 t17 tYlo, lfiOCt t 0 Stv ( f't5d d,il rt is"''C.
t2- 2t 1 i 1 1 t-t-tn;
ti. ' x: 40 o r lc si
Lo t 2t - - t Qi` 4-
6) Contractor' s telephonc number tfl be used Cc r 24 hour/ ciay cantact to request Services { if 00300- 4
SECTION 00300
F1' Z023- 202 1 FE iCE ANU G: iTE RC; PAI( t& 11A1N' CENA ifF SEitl' ICk;S CUPCC, IINFOR( 4[ A[. BIU 50L. IGTATION 131D PROI' OSAL' ORILIS different from above telephane na.}:- .- ' j'?j`
List of Subcontractors:
Ttie Biddcr shall list bel w the name and business address of each subcontractor who wi II perform work under this Bid in excess of one- hatf af one percent of the Contractor' s Tata[ Bid Price, and sha[ 1 also iist the porEion of the ' VORK ivhich wi!! be done by such subconEractor, in accordance with Section ti07 of the ' ublic Contract Code. After the openinb of bids, no changes ar substiiutions wi(1 be allowed except as othen ise pravided by law. The listing of mare than one subcontractor f`or cach item ofwork to be performed with the words " and/ or" will not be permitted.
Failure ta compfy with this requircment may render the Bid non- responsive and may cause its rejection. Shauld the Contractor provide a bid that does not require a subcontractor, the Cantrackor shall note that on this pa e by writing" Not Ap licable" in the list betow.
Subcontractor
Licensc Pcrcent of
Work to t c Pcr(' ormeci Nutnber TotaE C rnkract Subcontrs ct{rr' s 1Vame& Address i. ' 1 7t!-'
2. 3.
4. 5.
6. Note. Attach additional shects if rec{ uired.
00300- 5
SECTION 4030{}
I l' 2023- 2024 FENCE AND GA7' I: ltisPA1R 8c i<1[ ti' fENr1tiCE Sf: RY10ES CUPCGIA) NFOR4tAi, BID SOLICITAT[ t)IY i3CU PROI' 05A, L FOfi iS
ADDENDA
Bidder acknflwledges receipt of the followin addendum { addenda}:
Respectfully submitted,
ao' a J' G { T./r C.-, (+' 1 CDated Legal Namc af Firm Signature o Authorized Representative
ttSC. (',. or'ncf,, r'.. cC.-
Seai}
if I3idder is a corporation, sho v 52ate in which incorporated.) l l•, r2. J t A
The full names and post oi fice addresses af all ersans and parties interested in the foregoing Bid as principals are as folic ws:
NOTICE): Give Eirst and last names in full; in case of corporation, give names oi' Presideni, Secretary, Treasurer, and Manager, and in case of partnerships and joint ventutY: s, giti e names and c st Oftice addresses of all the individual members.
bM ', r e.. 1 , T - ` t rc. t{r.,--- -,-
t -+ 1,'"
U11Fst t . t" f1i..11- fjC.C+"C..+.. ITY`t.41:, rrr
04300- b
sECTioN oa3oo
FY 24Z3- 20Z4 FENCE AND GATE REPAIR& AtAIIYTEi IAs' VCE SERVICES CUYCCAA IIYxORA1AL BID SOLICITATiON BID PROPOSAL FORMS
NONCOLLUSION AFFIDAVIT
STATE OF L{,. n,},
ss.
COUNTY OF 5} nl OHCJ. ti
tuq_ M. ,, r' nt, , being first duly sworn, deposes and says that he or she is r,n c t,.- SCc. c{7,.*- I of `. 7{' , C h,G2 n, the party making the foregoing bid that the bid is not mad n the interest of, ar on behalf of, any undisclosed person, partnership, company, association, organization, or cosporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced ar solicited any other bidder ta put in a false ar sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; ti at the bidder has not in any manner, direckly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder ar any other bidder, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, subcnitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereko, or paid, and wiil not pay, any fee to any corporation, partnership, company associated, or anizatian, bid depositary, or to any member or agent thereof to effectuate a collusive or sham bid.
Signature of: President, Secretary,
Manager, Project Mana er or Representative
The County af sQ.l'1 .. OiGlQt, i Yt
State of 1' t;t( it
Subscribed and swarn to( or affirmed) befare me
on this day of u_(N . 20 . by
d
C. t't I S tr ''. '.vrnc.( proved to
me on the basis of satisfactory evidence to be the
person{ s) who appeared before me.
Sea(
0" 7M7
Signature
Y.....,,......,._.
00300- 7
SECTION U 304
FY 2023- 2024 FF,tiCE AtiA C,ATE RI; PAIR& 11AltiT[; N iltiCI: SERVI ES CUPCCt1r1 IyFORAtAL B[ U SOLtCt' i' 1ZIOIV i3ID PROPOSAt, FfJltiltti YUSLIC CONTRACT C( lDE SECTION 10162 QUEST[ t NNAIRE
In accordance wikh F' ublic Contract Code Section 10162, the Bidder shall cornplete, under penalty of perjury, the f'ollowin questionnaire:
Nas the Bidder, any afficer of the Bidder, or any emgloyee of the Bidder, , ho has a proprietary interest in the Bidder, ever been disqualified, rernoved, ar otherwise prevented from bidding flR, or compfeting a federal, state, or local go ernment project because afa vit lation oFlaw or a safety regulation? Yes Na
lf the answer is yes, expiain tl e circutnstances in the fol(owing space.
PUBLIC C01 1TRACT SECTIL? N 10232 STATEMENT
n accordance with Public Con ract Code Section 10232, the Contraetor hereby states under penalty of perjury, thak no more than onc Iinal unappealable finciing of contempt of court by a federal court has been issued abainst the Contractor within the irnmediatcly preceding two year periad because of the Cantracror' s faiture ka camply with an arder of a federal court whieh orders the Cantractc r io comply dvith an order oFthe National Labor Relations Baard.
NOTE: The above Stacement and Questionnaire are part af the Proposal. Signing this pra asal on the signature portion thereof shall alsa constitute si nature of' this Statement and Questionnaire.
iddcrs are cautioned that making a false ceriification may subject thc ccrtirer to criminal pr secution.
ENU O SECTION}
00300- 8
Bid Bond
CONTRAC' TOR: SURETY:
ame, legalrtA ur and adr/nu) niame, legalsmt u rnd priscrpal plarr oJbrainrrr) All Sieel Fence, Inc Everest Reinsurance Compamr
P. O. 8ox 1309 iQQ Everesl Way, Warren Corporate This document has importam lega! Lalhrop, CA 95330 Center, Warten, NJ 07459
onsequences. ConsultaUon w th
an attomee is encouraged wtth
OWNER:
resprct to its complruon or
11' umr./ egal rlutr r rind aAd rts)
modi6eauon.
City of Lathrop- City Hail An singular refcrence to
39d Tawne Certtre Drive
Cantractor, Surc Chvncr or Ladxop, CA 95330 3'
BOND AMOLTNT: Ten Percert of Amaurrt eid
other pam shall be considered
1U% otamount hid} lural whcre a licablc.
PROJECI':
ame, larutio or addnrr, nrf Pmject arrmGer, rf un})
FY 2023- 2024 Fence and Gaie Repair 8 Maintenance Services Projcct i Iumbez, tf an}•:
The Contrrcror and Suren- are bound ro the C.hvner in thc amounr set forth above, for the paF mcnt of whtch thc Contnctor and Sure- 6ind tE crosclres, thetn c us, esecutozs, admtnistrators, successors astd assigns, jotndc and secezallt', as prorided herein. The condtuons of tivs Bond ar suCh that if the Chvner accepcs thc bid oF the Contractor within the ume speufied tn thc Uid documents, or wYthin such nme penod as mat lx agreed ro by thc Owner and Cvntraxtor, nd the Cnnaactor either( 1) enrers t to a contract wtith the Uwner in aecordance w th the terms oE such bid, and gnes such bond or bonds as ma} bc specified m thc bidduig or Contract Documcncs, with a sureh adm rtcd n thc unsd cnon of Yhe Pro ect and othccwise acceptablc to the C) wner, far thc faithful pecformance af such Contract and for nc prompt gat mcnt of labor and matcrsa( fumishcd in the prosecution thcrcoF; or{ 2} pa}•s to thc C) wner thc diEferente, not ro excced the amount of thts Bond, betw•een the amount specified ut said bid and such L rger amount for wh ch the C7w•ner maJ• m good fasth tontract vtth another pam to perfocm the work corered br s d Uid, then thts obltgauon shaU be null anc! ro d, athetwue to temain m fuU foree and effect. The Surety hecebv w ves anp nouce of an agrecment benvecn the( vner and Concracror to extend the tune n which the C?w•ner mar accept the b d.\ ti'a rer oE noucc bt' the Surctp shaU not appl}• to an}' e: crension cxcceding sixtti'( GOj dacs n the a+, rcgaie bct•ond thc ume for acceptance of 6ids speciFicd in the bid documentsr and thc( hvner and Contraerar shall obtau the 4ucctti'' s consent for an extcns on bct•ond s rty( fi0) dacs.
If thu$ nnd is issued n connection w rh a suixontrretor' s bid to a Contr ctor, the cerm Contcacror m thts BonJ shal! be deemed to 5uhcontrattor and ihc term Owner shall be deemed ro be Contractor. hen th s I3ond has bren furrushed to complc w7th a statutory or other legal requirement m thc locauon ofthe Pro ecc, any prov sion in this Bond confLcung with sud statutorF• oc legal ceqturement shall be deemed deleted hereftom and prov sions tonformtng to such statutorti• or othcr 3cga1 rcqturement shal! Ue dcemcd ncorporrted herein. 1 1 en so fumuhcd, thc mtrnt ts that this Dond shall bc construed as a statutar} bond and not as a comrrton law bond. 5igncd and sealed this 10th da of July, 2023.
All Steef Fence, Inc.
1' RR i al) iru
t' iintrr
it&)
L ,' d' i.'.iC" iT'ix.'
Everest Reinsurance Company
hJ fS a1)
II!/ RCSS
Jft) peanna Q intero, Attomey- in- Fact
By arra tgement with the American Insdtute of Architects, the National Associatian o Swet BonQ t Producers( i fASBP) i ww.nas6o.orr) makes this form docwnent availata(e to its members, a.'iiliates, xnci associates in MicrosoR Word iarmat far use in the regular course oisurety b iness. NASBP voucfies fhat lhe original text of this document confartns exactly to the rext in AIA Document A310- 2010, 8id$ ond.
Subsequent modificaUoas may be made to the original text ofthis dactnnent by use s, so careful review of i wording and consultatioc with an attomey are encburaged befae iis completion, execution or acceptance.
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
aftached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Butte
On Julv 10, 2023 before me, Elizabeth Collodi, Notary Public insert name and title of the officer)
personally appeared Deanna Quintero
who proved to me on the basis of satisfactary evidence to be the person{ s} whose name{ s} is/ afe subscribed to the within instrumenf and acknawledged ta me that# e/she/# ey executed the same in i3is/ herlt# eif autho ized capacity( ies}; and that by 13islherlt# eif signature( s on the instrument the persen( s or the entiry upon behalf of which the pe san{ e acted, executed the instrument.
I certify under PENALiY OF PERJUF2Y under the laws af the State af California that the foregoing paragfaph is true and correct.
WITNESS my hand and official seal. EULABETH COLLODI
R , CQl41M. i 2392A20 9
aor nv rwa c cai. opNu , n
COUN'TY QF 9UT1E
7 Comm. 6 pNe ff9 t. 2020
Signature Seal '^„"""'^""""..""'""'
t E R ES
POWER OF ATTQftNEY
EYEREST RElFtSURANCE COMPANY
OEtA WARE
KNOW Ai.! PERSONS BY THESE PRESENTS That Everest Reinsurance Company a corporation ot the State ct Oefaware Canpany'} ha ng its pr,ncipal pftice loca#et} at 477 MartinsHNe Road tiberty Camer. New dersey Q7938, do herepy nomnate, constitute and appdni:
Fftsabeth Gollodi, Jahn Hnpklns, Jon» J. Wetrer, Joseph N. Weker, Renee Ramsey, Sara Waltlse, Mlnrly Whttehouse, JennNer Lakmann, Deanna pulniera, B/li Rapp, Jasort March, Mattlrew Foster, Tony Clark, lfrlstte Phllflps, Claudfne Gorrion, iHichaef K Feeney, Samantha WafRfns, PAi( Wetktns, Brad Espinosa, Pauta Seana, Pam Sey, 8reanna Boat igh; lfath/eerr Le, Sharon Sm1tri, and Kev1n Sco/leld its tive and IavAul Atiomey( sj- in- faci ta make. execute aKest sea" and Oetiver ter and on i's behaif, as surety and as its act antl deed where sequiretl any and a11 bonds and undertakings n the naiure thereof, For the penal sum o! o one ol which is in any event ta exceed UNIIMiTED, reserving tor itself the tuU power oF substi, ution and revocation 5uch f onds end undertakings, when duiy executed Dy the a oresaid Attomey( s}-: n- fact shal tre binding upon the Company as fuliy and to e same extent as if sucn bonds and undertakings were signed by tne President and Secretary of ine Company and seated w Its co cxate sea
This Power oi Aftomey is granted ana is signed' ay facs m: e under and by the authonty et the follow ng Resot tions adopte4 by the 8oard af piredars of Company(' Boar'} pr,the 2gth day of July 20t$ RESOLltEU, thet the Pr s dent any Euecu; rve Vica Presrcfent and aay Sema V.+ce Pres;Yient and Anthony Romano are nereby eppainted by ths Board as authorized to make, execate seal and detrver tor and on bchatt ot the Company, any and afi bonCs. undeRakings, contrac[ s or obl;gauons in surety or casurery wrih others a d that rire Secretary or any Astistant Secrefary o1 he Campany be artd that each ot them hereby rs authonzad to attest ro tha execuhon ot any sucl bonds, undertakrnqs. contracts a obtigations ir+ surety or co- sur ty and attach thereto the ccrpora! e seat o! the Company RESOLVED, FUR7HER, Ifia: Ure Pras.+Qent any Eracutrve Vice AresMen,, nd any Sanior Vice Prns dent ard Anthony Romano are heraby authonzed to axecute powars cl atiwney quairfyng the attomey named irt the giveri power of aC.omey to axecute cn benaK of; he Company, bonds and undeRakmgs rn wrary or co-surety with athers, and that tha Secretary or eny Assutant Secrstary af the Ccmpany be, and Chat each af them is hereby authonzed tc anest the exacutron oI any such paver ot attcmey and to attach ttereto ha carptsrata saat of the Corttpar,y
RESOL VED, FtlRTNHR, thai ihe srynature ot such olfcers r,amed m ine precedrng resolutiors and the cw; ora! e seat qf; he Company may ba afhzed ha such ppwers ef affomey or to any cemh'cate elatrng Ehereta by lacsimile, and any such nower of atf mey or certr ca!e beanng such I simile srgnaturas nr facsim,le sea sna116e thereaBer vatrd and bindmg upon the Company wrth respect to any bond, underEekim, contract or obl garion in suryty or co-surety with otners hs which 4 rs attached IN WiTNESS WHER@OP, Everest Remsu! ance Ganpany has nusad! e r corporace seals to be atfixed herelo and these presents to be sgned by meir duty autnonzed o` icers th s 28th day af. luly 2D18 tit" ran y' Pn Everest Reinsurance Ccmpany
M •
r
y SEAL
a un
vs wu '
Attest. Nicoie Cnase, Asslstant Secrefary By Anthony Romano Vice P; es ent On tt s 28th day al. luly 2QS6 Detcre me persanaliy came Mthany Romano knotim to me who. being duy swnm. did ezecu; e 1he above in5lnmerst: that he knows the seal pt gaitl Gampany tt+,ai the sea: alfxetl to Ihe aitxesa d insin+men! i5 such canorate sea and was alfaced thereta, ard tfrai he executed said instrument by I; ke or Qr i INOA ROBINS
Notary puWic, SWta of flew York 1, f z
No 01 R062 91 6
OualiNeti In 4ueens County u;'` u L.,. -<-----..-'"'
Tenn Explrea Apri125, 2D23
LirAa Robin,. Ne: ary PLu+ic
IN WITNESS WHEREOF, I have hereunto set my hand and a: xed irie se l of said Canpany at 1ne l berty Comer his 10',! t y
at JulY 2023
ES OG 01 04 8