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HomeMy WebLinkAboutContract 1811 (I —/ i SECTION 1300 CONTRACT THIS CONTRACT, by and between the CITY OF CATHEDRAL CITY, a municipal corporation, herein referred to as "City", and GKK WORKS/CANNON DESIGN, herein referred to as, "Contractor." WITNESSETH: In consideration of their mutual covenants,the parties hereto agree as follows: 1. Contractor shall furnish all necessary labor, material, equipment, transportation and services for completion of the Commons Heritage Park Stage (now known as Cathedral City Community Amphitheater) Structure as the Cathedral (the "Work") in the City of Cathedral City, California. The Work shall be done in strict conformity with this Contract, approved Change Orders, permits issued by the City or other agencies, the General and Specific Project Requirements, Standard Specifications, Plans, Referenced Specifications, the General Conditions, Supplementary Conditions all of which shall be considered a part hereof as though fully set herein. 2. Contractor will comply with all Federal,State,County,and City of Cathedral City laws,regulations and policies,which are,as amended from time to time, incorporated herein by reference. 3. All work shall be done in a workman like manner and to the satisfaction of the City Engineer. 4. Time is of the essence in Contractor's performance of the Work for this Contract. Contractor agrees to diligently pursue the performance and completion of the Work in every detail to the satisfaction of the City. Contractor shall commence work after the issuance of a written Notice to Proceed and agrees to have all work completed within 150 working days from the date of Notification to Proceed. 5. In consideration of said Work,City agrees to pay Contractor such sums as shall be approved by the City Engineer at lump sums and/or unit prices stated in the Contractor's Bid.The total compensation to Contractor for all Work shall not exceed ONE MILLION SIX HUNDRED SEVENTY-FIVE THOUSAND SEVEN HUNDRED TWENTY-TWO DOLLARS AND 63/100 CENTS ($1,675,722.63). All payments shall be subject to approval by the City Engineer and shall be in accordance with the terms,conditions, and procedures provided in the Contract Documents. 6. The Contractor shall not knowingly pay less than the higher of the Federal minimum wage rate or the general prevailing rate for per diem wages,as determined by the State of California Department of Industrial Relations and referred to in the Invitation to Bid, to any workman employed for the work to be performed under this contract; and the Contractor shall forfeit as a penalty to the City the sum of Twenty-Five Dollars ($25.00) for each calendar day, or fraction thereof, for such workman paid by him or by any subcontractor under him in violation of this provision (Sections 1770-1777, Labor Code of California). 7. Concurrently with the execution of this Contract, Contractor shall furnish bonds of a surety satisfactory to City, as provided in the Contract Documents, the cost of which shall be paid by Contractor. 8. Contractor agrees to indemnify,hold harmless,release and defend(even if the allegations are false, fraudulent or groundless),to the maximum extent permitted by law,the City, its City Council and each member thereof, and its officers, employees,commission members and representatives, from any and all liability, loss, suits, claims, damages, costs, judgments and expenses (including attorney's fees and costs of litigation) which in whole or in part are claimed to result from or to Agreement 1300-1 arise out of the usage or operation, including the malfunctioning of, or, any injury caused by, any product purchased herein; or any acts, errors or omissions (including, without limitation, professional negligence)of Contractor,its employees,representatives, subcontractors,or agents in connection with the performance of this Contract. This agreement to indemnify includes,but is not limited to, personal injury (including death at any time) and damage to property (including, but without limitation, contract or tort or patent, copyright, trade secret or trademark infringement) sustained by any person or persons (including, but not limited to, companies, or corporations, Contractor and its employees or agents,and members of the general public. 9. Except as otherwise required, Contractor shall concurrently with the execution of this Contract, furnish the City satisfactory evidence of insurance of the kinds and in the amounts provided in the Contract Documents. This insurance shall be kept in full force and effect by Contractor during this entire contract and all premiums thereon shall be promptly paid by it. Each policy shall further state that it cannot be canceled without 30 days unconditional written notice to the City and shall name the City as an additional insured. Contractor shall furnish evidence of having in effect and shall maintain Workers Compensation Insurance coverage of not less than the statutory amount or otherwise show a certificate of self-insurance, in accordance with the Workers Compensation laws of the State of California. Failure to maintain the required amounts and types of coverage throughout the duration of this Contract shall constitute a material breach of this Contract. 10. Contractor shall forfeit as a penalty to City $25.00 for each laborer, workman, or mechanic employed in the execution of this Contract by said Contractor, or any subcontractor under it,upon any of the work herein mentioned, for each calendar day during which such laborer, workman, or mechanic is required or permitted to work at other than a rate of pay provided by law for more than 8 hours in any one calendar day and 40 hours in any one calendar week, in violation of the provisions of Sections 1810-1815 of the Labor Code of the State of California. 11. In accepting this Contract, Contractor certifies that in the conduct of its business, it does not deny the right of any individual to seek, obtain and hold employment without discrimination because of race,religious creed,color,national origin,ancestry,physical disability,mental disability,medical condition,genetic information,marital status, sex,gender,gender identity,gender expression,age, sexual orientation, or military and veteran status as provided in the California Fair Employment Practice Act (Government Code Sections 12900, et seq.) Contractor agrees that a finding by the State Fair Employment Practices Commission that Contractor has engaged during the term of this Contract in any unlawful employment practice shall be deemed a breach of this Contract and Contractor shall pay to City$500.00 liquidated damages for each such breach committed under this Contract. 12. Contractor also agrees that for contracts in excess of$30,000 that apprentices will be employed without discrimination in an approved program in a ratio established in the apprenticeship standards of the craft involved (Sections 1777.5 and 1777.6, Labor Code of California). Contractors who willfully fail to comply will be denied the right to bid on public projects for a period of six months in addition to other penalties provided by law. 13. This Contract shall not be assignable by Contractor without the written consent of City. 14. Contractor shall notify the City Engineer (in writing) forthwith when the Contract is deemed completed. 15. In accepting this Contract,Contractor certifies that no member or officer of the firm or corporation is an officer or employee of the City except to the extent permitted by law. 16. Contractor certifies that it is the holder of any necessary California State Contractor's License and authorized to undertake the Work. Contractor must, at Contractor's sole expense, obtain all necessary permits and licenses required for the Work, and give all necessary notices and pay all Agreement 1300-2 fees and taxes required by law, including,without limitation, any business license tax imposed by City. Contractor represents and declares to Agency that it has all licenses,permits, qualifications and approvals of whatever nature which are legally required to practice its profession. 17. The City, or its authorized auditors or representatives, shall have access to and the right to audit and reproduce any of the Contractor records to the extent the City deems necessary to insure it is receiving all money to which it is entitled under the contract and/or is paying only the amounts to which Contractor is properly entitled under the Contract or for other purposes relating to the Contract. 18. The Contractor shall maintain and preserve all such records for a period of at least three years after termination of the Contract. 19. The Contractor shall maintain all such records in the City of Cathedral City. If not,the Contractor shall,upon request,promptly deliver the records to the City or reimburse the City for all reasonable and extra costs incurred in conducting the audit at a location other than at City offices including, but not limited to,such additional(out of the City)expenses for personnel,salaries,private auditors, travel,lodging,meals and overhead. 20. In entering into this Contract or a contract with a subcontractor to supply goods, services, or materials pursuant to this Contract,Contractor and any or subcontractor is deemed to have offered and agreed to assign to City all rights,title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700 of Part 2 of Division 7 of the California Business and Professions Code), arising from purchases of goods, services, or materials for the Contract. This assignment will be deemed made and will become effective at the time City tenders fmal payment to Contractor,without further acknowledgement by the Parties. Agreement 1300-3 IN WITNESS WHEREOF, the parties have executed this Contract as of the dates stated below. "CITY" CITY OF CATHEDRAL CITY, a California municipal corporation i ? I ? B : ' L. L '7�=�'' Dated: 0( .f -1S- �G1 Y l Charles P.McClendon,City Manager ATTEST: ; • ' 1 , . : _ Dated: ()L9Z 2061 Tracey R. Z rtinez, C,City Cler APPROVED i AS . 0 '•RM: Dated: Q - /Z - 7�/ Eric Vail,City Attorney "CONTRACTOR" AO! Dated: 5/R0LO19 By: - • Name: " r ■�►�1W Title: V( .L 1 aril ElEAJr Dated: By: Name: Title: [CONTRACTOR SIGNATURES MUST BE NOTARIZED. IF CONTRACTOR IS A CORPORATION OR LIMITED LIABILITY COMPANY,TWO SIGNATURES MUST BE PROVIDED.] Agreement 1300-4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 Ct t6T.t.i:t.a.v.-mt t....a t C t t C C t t t t t tet t t t t t t�t�. tit tit t tRt...t t t t t . . 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 Calif rnia 1 ) County of Lcs '' )C )On ) � �' 'ICI before me, s ,E, �- L-t'Y\ PDr PI D to 1 ere Insert Name and Title of the�fficer personally appeared l` ( " CCS t Name(s9 of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand :nd offi seal. e •``-s4--,. LESLIE J.LONG Notary Public-California ` � _- Los Angeles County z Signature �,./I/. 1e� ' '�< Commission Is 2176862 ,N,,,--,w My Comm.Expires Jan 20,2021 ignature o N t tar)/Pub c Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑General ❑ Partner — ❑ Limited ❑General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee LI Guardian or Conservator ❑Trustee ❑ Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: �i,✓:�✓,i,,✓,:.✓,4.�✓,i,✓,:,✓i,,h✓i�✓,i�✓4.:✓,i\'%S.✓,:,✓,,in✓,i\✓,i;✓,i:✓,iv✓,is✓,i�✓,.,✓,i.✓,i�✓,ii i:✓,i,,%K.y.,:✓,i,:✓,..✓,i,.✓,i:✓,i\✓,i:✓,i.✓,ice✓,ice✓,i.✓,:�✓,i�✓,.�✓,.�i:✓,ice'✓,:' ©2014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item #5907 WORKERS' COMPENSATION INSURANCE CERTIFICATE In accordance with California Labor Code Section 1861,prior to commencement of work on the Contract, the Contractor shall sign and file with the City the following certification: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." Atia0/ Signature vie.E ?cstt .�rr-- Title z�► 9 Date Workers'Compensation Insurance 1330-2 EXHIBIT A GKK Works/Cannon Design Proposal I kWorkC CANVON)ESIGN • • • RESPONSE TO REQUEST FOR PROPOSAL Cathedral City Amphitheater Stage Construction fv��,rch 2"i. 2019 • . t • 9 9 k kwo r k C I CANVON)ESIGN April 17, 2019 Vincent Lopez, Senior Administrative Analyst, Engineering Division Cathedral City 68-700 Avenida Lalo Guerrero Cathedral City,CA 92234 Re: Amphitheater Stage Construction Dear Mr. Lopez, The gkkworks I CannonDesign team is appreciative and excited to submit our construction services proposal for the construction of your stage structure.. With 27 years of construction management experience in California,we focus of supporting public municipalities on key capital projects. We've been able to develop a depth of experience in delivering many different types of exciting projects. Our team's experience with the City and with other related projects allows us to provide a level of knowledge and expertise to best manage the City's exposure to risk.With recent historical renovation experience as well as our aeronautical portfolio,we understand the important role that this project will play in creating a sense of excitement and place for gathering and fun.Along with this we also understand that the community role can be an important one and communication with the City staff and the community during construction is vital.Additionally, staying in alignment with the City's budget and schedule are also of key importance in delivering a successful project.With our experienced local team headquartered in our Irvine office,the City gets: • Highly experienced Project Management staff with a high degree of sophistication on projects such as this • A team that anticipates to minimize surprises mitigating the City's exposure to risk • An approach that won't break the bank, coordinating our fee with the schedule and critical path items ensures that important milestones are achieved • Experience in working and coordinating with various other agencies to accomplish important City milestones 2355 MAIN STREET,SUITE 220,IRVINE,CALIFORNIA 92614 Our current cost for this project currently stands at$1,675,722.63 for this project(as of April 17, 2019).The following items are terms and conditions for the construction of Cathedral City's Stage Structure: • Cathedral City provides gkkworks I CannonDesign all survey&staking required for project. All survey& staking is paid for by City completely • gkkworks CannonDesign reserves all rights to material &equipment substitutions wherever necessary in order to decrease costs.This could include decreasing the quantity of lights within the theatrical lighting design • Cathedral City accepts substitutions as indicated in an email dated April 16, 2019 and herein • Liquidated damage clause is either eliminated or can also be applied to the City for delays caused by Others • All Substitution requests must be accepted and returned with 7 working days of being submitted Our construction management team brings specialized value by developing a "common sense approach" using our boots on the ground in-the-field expertise to align with the City's goals and staff the project appropriately. Looking at constructability,cost control, schedule, site logistics and safety will be key areas of focus for us on this project.The end result will be a project that is delivered on time meeting the City's program needs, reflecting quality and aligns with your established project budget. We appreciate the opportunity to be of service to you. On behalf of the entire gkkworks I CannonDesign team, we look forward to further discussing your project with you in person. If you have any questions, please don't hesitate to contact me at 949-265-8912, or by email at tthomas@cannondesign.com. Respectfully, A4 --ep Troy h•mas Vice President gkkworks I CannonDesign FEE PROPOSAL SPECIFICATION SECTION TOTAL DIVISION 2-SITE CONCRETE 64,496.00 DIVISION 3 - STRUCTURAL CONCRETE 61,559.00 DIVISION 4- MASONRY 68,778.00 DIVISION 5- METALS 108,650.00 DIVISION 6-WOOD AND PLASTICS 425,000.00 DIVISION 7 -THERMAL AND MOISTURE PROTECTION 75,750.00 DIVISION 8- DOORS AND WINDOWS 7,360.00 DIVISION 9- FINISHES 139,450.00 DIVISION 10-SPECIALTIES(THEATRICAL LIGHTING) 219,800.00 DIVISION 11 - EQUIPMENT 0.00 DIVISION 12- FURNISHINGS 0.00 DIVISION 13- SPECIAL CONSTRUCTION 0.00 DIVISION 14-CONVEYING SYSTEM 0.00 DIVISION 21 - FIRE SUPPRESSION 0.00 DIVISION 22- PLUMBING 37,650.00 DIVISION 23- HEATING,VENTILATION,AIR CONDITIONING 0.00 DIVISION 26- ELECTRICAL SYSTEMS 224,050.00 DIVISION 31 - EARTHWORK 0.00 DIVISION 32- EXTERIOR IMPROVEMENTS 0.00 DIVISION 33 - UTILITIES 0.00 SUBTOTAL 1,432,543.00 DIVISION 1 -GENERAL REQUIREMENTS 147,582.06 BONDS 0.00 INSURANCE 15,801.25 FEE 79,796.32 TOTAL CONSTRUCTION COST 1,675,722.63 41 3kkworks I CANNIO DESICJN QUALIFICATIONS • This proposal does not include work to any new or existing utilities(wet or dry). • This proposal includes work for only what is shown within the limits of work on plan sheet CP.1. • We will use soils from the current site to construct the building pad and walkways. No import has been included. • No Landscape plans were provided therefore any and all reference to same is not included as part of this proposal. • AV Rack 106 on plan sheet A-1.0 is not included as part of this proposal. • Handling and/or removal of any hazardous waste and /or materials are specifically excluded from this proposal.We are in receipt of Exhibit "J" and do acknowledge that all tests are negative for those items tested. • This proposal includes only the back bone work for the low voltage and audio systems shown on plans. • This proposal does not include any work associated with Fire Sprinkler, Suppression or Alarm Systems • No Utility plans exist to determine POC for the roof drains. Our price includes running the roof drains underground to the limit of work. • All Special Inspections shall be coordinated by Contractor and paid for by Owner. • No phasing plan was provided. We assume the site work package and the construction of the stage structure will be completed independently at different times. • All conduits,transformers etc will be completed by the Site Contractor and are not included as part of this proposal. • All work shown on plan sheet E-1.01 shall be completed by Others and is not included as part of this proposal. • We believe the Architectural Plans showing metal decking is in error therefore the metal decking shown in details such as 1, 5 &7/A-8.4 are not included as part of this proposal. • The only roofing membrane included within this proposal is the Standing Seam Roofing Assembly. • We have had feedback from our Subcontractor Base that the trough metal roofing system may not perform well in the high exterior temperatures due to excessive expansion and contraction of the specified metal assembly. In our opinion this area requires additional discussion and possible redesign. Any costs associated with this item and its redesign are not included as part of this proposal. • No soils report was provided. Our grading operations include only the pad &site work preparation only. Over excavation, soil import, aggregate base and re-compaction are not included as part of this proposal. • All underground utility conduits will be brought to the limits of work and capped. • Overall Construction Costs have been developed using a 5 five month project duration. No schedule provided. • General Contractor shall provide all necessary payment and performance bonds as required and by change order • Permit fees&costs are not included as part of this proposal • Traffic Control/Permits are not included as part of this proposal • Special Testing & Inspection fees are not included as part of this proposal • Sheet Notes 4, 5 &6 on plan sheet A-3.0 appear not to apply to this project and are not included as part of this proposal. CATHEDRAL CITY,AMPHITHEATER STAGE CONSTRUCTION PROJECT 15 • All audio/visual work shall be completed by Owner's Vendor and is not included as part of this proposal. • All HVAC&Mechanical work is not shown within the construction documents therefore is excluded from this proposal. • The gutter exhausts shown in elevation 6/A-6.0 are not detailed therefore we cannot determine the magnitude of costs and therefore are not included as part of this proposal. • Our proposal is based on continuous work without phasing or redesign delays once construction starts • All work to be completed during normal working hours • Section 076200 of Specification Manual identifies summary numbers 5 &6 but nothing is found in the construction drawings pertaining to these items • This proposal does not include any work associated with HVAC or related work • This proposal and its value are valid if and only if our Value Engineering ideas are incorporated into the project: • Hand Railing are to be hot dipped galvanized • Eliminate Bond Requirements • Substitute Cement Siding &Ceiling, Standing Seam Roof, Electrical &Theatrical Lighting components • Site Contractor to provide/assist in the grading of the Stage Structure Building Pad &Adjacent Site Work . . .. . . .. . . .. . ............. 61 3kkwork<_ gkk AD Bond No.47-SUR-300100-01-0011 SECTION 1310 FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: TH Tithe City of Cathedral City,a municipal corporation,hereinafter designated the City,has,on _ S" 0 _„2019,awarded to gkkworks Construction Services,Inc. ,hereinafter designated as the Principal,a Contract tor the Cathedral City Community Amphitheater,and WHEREAS, said Principal is required under the terms of said Contract to furnish a bond for the faithful performance of said Contract: Berkshire Hathaway Specialty NOW, THEREFORE, we, the Principal, and Insurance Company , as Surety, are held and funily bound unto the City in the just and full amount of( $1,694,566.49* ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors,administrators,and successors,jointly and severally,firmly by these presents. *One Million Six Hundred Ninety Four Thousand Five Hundred Sixty Six and 49/100 Dollars THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, his or its heirs, executors,administrators,successors,or assigns,shall in all things stand to and abide by,and well and truly keep and faithfully perform the covenants, conditions, and agreements in the said contract and any alterations made as therein provided, on his or their part to be kept and performed, at the time and in the manner therein specified,and in all respects according to their true intent and meaning,and shall indemnify and save harmless,the City, its officers and agents as therein stipulated,then this obligation shall become null and void;otherwise it shall be and remain in full force and virtue. It is acknowledged that the Contract provides for one-year guarantee period,during which time this bond remains in full force and effort. And 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, or addition to the terms of the Contract or to the work or to the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK Faithful Performance Bond 1310-1 IN WITNESS WHEREOF,th rincipal and Surety have executed this instrument under their seals this 4e, day of ofjr12019,the name and corporate seal of each corporate party being hereto affixed,and these presents duly signed by its undersigned representative,pursuant to authority of its governing body. gkkworks Construction Services,Inc. 2355 Main Street,Suite 220,Irvine,CA 92614 Principal (Seal) �/ �i�A Signature for V 1 GG 'TSG St dG.v71----- Title of Signatory Berkshire Hathaway Specialty Insurance Company Surety (Seal) Signature for Surety Rebecca S.Leal,Attorney-in-Fact Title of Signatory 1314 Douglas Street,Suite 1400,Omaha,NE 68102-1944 Address of Surety (402)916-3000 Phone#of Surety John Bokovitz Contact Person For Surety Faithful Performance Bond 1310-2 Bond No,47-SUR-300100-01-0011 SECTION 1320 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT he City of Cathedral City,a municipal corporation,hereinafter designated the City,has,on S' Lt? , 2019, awarded to gkkworks Construction Services,Inc., hereinafter designated as the Princip ,a Contract for the Cathedral City Community Amphitheater,and WHEREAS, said Principal is required to furnish a bond in connection and with said Contract, providing that if said Principal, or any of it or its subcontractors shall fail to pay for any materials, provisions,or other supplies used in,upon,for,or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind,the Surety of this bond will pay the same to the extent hereinafter set forth: Berkshire Hathaway Specialty NOW,THEREFORE, we,the Principal,and Insurance Company , as Surety, are held and firmly bound unto the City in the just and full amount of( $1,694,566.49` ),executors,administrators, and successors,jointly and severally,firmly by these presents. `One Million Six Hundred Ninety Four Thousand Five Hundred Sixty Six and 49/100 Dollars THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, it or its heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other supplies used in,upon,for,or about the performance of the work contracted to be done,or for any work or labor thereon of any kind or for amount due under the Unemployment Insurance Act with respect to such work or labor, or for any amounts due, or to be withheld pursuant to Sections 18806 of the Revenue and Taxation Code of the State of California with respect to such work or labor,then said surety will pay the same in or to an amount not exceeding the amount hereinabove set forth, and also will pay in case suit is brought upon this bond,such reasonable attorney's fees to the City as shall be fixed by the court. This bond shall insure to the benefit of any and all persons,companies,and corporations named in Section 3181 of the Civil Code of the State of California so as to give a right of action to them or their assigns in any suit brought upon this bond. And the said Surety, for value received,hereby stipulates and agrees that no change, extension of time, alteration, or addition of 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 of this bond, and it does hereby waive notice of any change,extension of time,alteration,or addition to the terms of the contract or to the work or to the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK Payment Bond 1320-1 IN WITNESS WHET FrW the Principal and Surety have executed this instrument under their seals this zL day of` Y 2019,the name and corporate seal of each corporate party being hereto affixed, and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. gkkworks Construction Services,Inc. 2355 Main Street,Suite 220,Irvine,CA 92614 Principal (Seal) Signature for Pnnctp Title of Signatory Berkshire Hathaway Specialty Insurance Company Surety (Seal) Signature for Surety , Rebecca S.Leal,Attorney-in-Fact Title of Signatory 1314 Douglas Street,Suite 1400,Omaha,NE 68102-1944 Address of Surety (402)916-3000 Phone#of Surety John Bokovitz Contact Person For Surety Workers'Compensation Insurance 1330-1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT Civil Code § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfullness, accuracy or validity of that document. ♦•••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• State of I i t_ County of l d� r, l On 20 before me, �� t I ✓ �, Notary Public Name and t'Aie of Notary personally appeared Yl L ` `ip vq, (4ne-rsName and orof Signers)Who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. LESLIE J.LONG I certify under PENALTY OF PERJURY under the laws of NocaryPubllc-catlfomta the State of California that the foregoing is true `��`� ,) Los Angeles County 9 9 ��4�A'I� Commisslon t 2176862 and correct. "' My Comm.Expires Jan 20,2021 Witness my d o fjpi I seal. Signature •, ,• Pt�lic signature Place Notary Public Seal Above v OPTIONAL Though the information below is not required by law,it may prove valuable to the persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document 9 �^ Title or Type of Document .(1,4 ( � P 1JY JI ev d 1 P9 . Q" J i3;v16.1� Document Date 12O (2C)I q Number of Pages: Signer's Name: ❑ Individual 0 Individual ❑ Corporate Officer—Title(s): 0 Corporate Officer—Title(s): ❑ Partner- 0 Limited 0 General RIGHTTHJM1ibPP.INT 0 Partner- 0 Limited 0 General RIGHT THJ PRINT ❑ Guardian or Conservator °F 0 Guardian or Conservator Or,SK3NETcp of 4 Top of thumb ❑ Attorney-in-Fact to 0 Attorney-in-Fact ❑ Trustee 0 Trustee ❑ Other: 0 Other: Signer is representing Signer is representing ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT Civil Code § 1'189 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 truthfullness, accuracy or validity of that document. ♦•••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• State of Missouri County of Jackson On May 7,2019 before me, Kelli E. Housworth , Notary Public Date Name and Tdle of Notary personally appeared Rebecca S. Leal Name and or Names of Signer(s) Who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the KELLI E. HOUSWORTN instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. NOTARY PUBLIC NOTARY SEAL STATE OF MISSOURI I certify under PENALTY OF PERJURY under the laws of JACKSON COUNTY the State of California that the foregoing paragraph is true MY COMMISSION EXPIRtS 9111'2021 and correct. COMMISSION# 11042500 Witness my hand and official se. . SignatureQ A t ' Kelli dUsw. h Public s;rature Place Notary Public Seat Above OPTIONAL Though the information below is not required by law,it may prove valuable to the persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Document Date Number of Pages: Signer's Name: ❑ Individual 0 Individual ❑ Corporate Officer—Title(s): 0 Corporate Officer—Title(s): ❑ Partner- 0 Limited 0 General RIGHTTHUMEiPHINT 0 Partner- ❑Limited 0 General R,{HTTHU1.10P,.INT ❑ Guardian or ConservatorNmunb 0 Guardian or Conservator OF S!GNEA Top d thumb D Attorney-in-Fact 0 Attorney-in-Fact ❑ Trustee 0 Trustee ❑ Other: 0 Other. Signer is representing Signer is representing ♦•••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••t•t•t••• 47-SU R-300100-01-0011 IliBerkshire Hathaway Specialty Insurance Power Of Attorney BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY NATIONAL INDEMNITY COMPANY J NATIONAL LIABILITY&FIRE INSURANCE COMPANY ia. _ ry E Know all men by these presents,that BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY, a corporation existing under t > and by virtue of the laws of the State of Nebraska and having an office at One Lincoln Street,23rd Floor, Boston, Massachusetts 4+ 8 02111,NATIONAL INDEMNITY COMPANY a corporation existing under and by virtue of the laws of the State of Nebraska and having an ° office at 3024 Harney Street,Omaha,Nebraska 68131 and NATIONAL LIABILITY&FIRE INSURANCE COMPANY, a corporation existing 3 0 under and by virtue of the laws of the State of Connecticut and having an office at 100 First Stamford Place, Stamford,Connecticut ,,, 06902(hereinafter collectively the"Companies"), pursuant to and by the authority granted as set forth herein,do hereby name, cg r` constitute and appoint:Rebecca S.Leal,Jeffrey C.Carey,Charles R.Teter,Tahitia M.Fry,C.Stephens Griggs,Patrick T.Pribyl,Evan D. ' `i Sizemore,444 W.47th Street.Suite 900 of the city of Kansas City,State of Missouri,their true and lawful attorney(s)-in-fact to make, execute,seal, acknowledge,and deliver, for and on their behalf as surety and as their act and deed,any and all undertakings,bonds, or other such writings obligatory in the nature thereof,in pursuance of these presents,the execution of which shall be as binding upon ; t5 the Companies as if it has been duly signed and executed by their regularly elected officers in their own proper persons.This authority W for the Attorney-in-Fact shall be limited to the execution of the attached bond(s)or other such writings obligatory in the nature E Q thereof. q y, :-(75 In witness whereof,this Power of Attorney has been subscribed by an authorized officer of the Companies,and the corporate seals of > 2 the Companies have been affixed hereto this date of December 20,2018.This Power of Attorney is made and executed pursuant to q 4' and by authority of the Bylaws,Resolutions of the Board of Directors,and other Authorizations of BERKSHIRE HATHAWAY SPECIALTY N., E INSURANCE COMPANY,NATIONAL INDEMNITY COMPANY and NATIONAL LIABILITY&FIRE INSURANCE COMPANY, which are in full = a M force and effect,each reading as appears on the back page of this Power of Attorney,respectively. - k e 4 BERKSHIRE HATHAWAY SPECIALTY NATIONAL INDEMNITY COMPANY, y o ° INSURANCE COMPANY, NATIONAL UABILITY&FIRE INSURANCE COMPANY, 3 u By: By: David Fields,Executive Vice President David Fields,Vice President "' ce {StEG+tt�r`` ''^t Nlrii,t '.r{yF1RE_jryS.th, a I, fay*o¢aoo?,„ ti% ,.: as-gxw't'z,') :;.Prae�•,,I, 9 r v e I( 4 r,' "' 0";i0, aim fN2S SURETY = z, st RETI , Q, StkETY } 5 u rSFdt ,% tc;„ SEAL Ba ,moi„ SF_�L So; g ',4434 `�.d3y f Lti4_= '� `' 1�M t ��. a s 154. i NOTARY tt =r State of Massachusetts,County of Suffolk,ss: O m N On this 20th day of December,2018,before me appeared David Fields,Executive Vice President of BERKSHIRE HATHAWAY SPECIALTY d INSURANCE COMPANY and Vice President of NATIONAL INDEMNITY COMPANY and NATIONAL LIABILITY&FIRE INSURANCE COMPANY, 'S b who being duly sworn,says that his capacity is as designated above for such Companies;that he knows the corporate seals of the V S S Companies;that the seals affixed to the foregoing instrument are such corporate seals;that they were affixed by order of the board of ti 1 'A ti directors or other governing body of said Companies pursuant to its Bylaws,Resolutions and other Authorizations,and that he signed ;g ;7,I8 said instrument in that capacity of said Companies. ',/,,-;� o 'D e [Notary Seal] ----- ------_—_—" /J) �� a GEOFFERY A.DELISIO ,�„/ ” E '�,`; Notary Public t I Commonwealth of Massachusetts2 74 It ` Notary4 Public o S My Comm.Expires November 29,2024 S I i � I,Ralph Tortorella,the undersigned,Officer of BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY,NATIONAL INDEMNITY ++ COMPANY and NATIONAL UABILITY&ARE INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct r copy of the Power of Attorney executed by said Companies which is in full force and effect and has not been revoked.IN TESTIMONY WHEREOF, see hereunto affixed the seals of said Companies this i SYECtAxjy',, r,VA/V/ b :yHRE/p.,k4 ,;, 114 r3*cQ¢rcetf4t yA-,..---.:,--4.;‘,0 .N e`sY,- fid•+ems fl0 i' psi w e e Z' SURETY 1z' z �St'I.Ef t 'i SURETY Ic y 1,vc= SEAL Al, , a t+s ,;i Sta Officer r '+�'°„yle* b44,”. '`....-,..r' , 1'.,',0*.�Nabr > ;z5-S"' BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY(BYLAWS) ARTICLE V. CORPORATE ACTIONS EXECUTION OF DOCUMENTS: Section 6.(b)The President,any Vice President or the Secretary,shall have the power and authority: (1) To appoint Attorneys-in-fact,and to authorize them to execute on behalf of the Company bonds and other undertakings,and (2) To remove at any time any such Attorney-in-fact and revoke the authority given him. NATIONAL INDEMNITY COMPANY(BY-LAWS) Section 4.Officers,Agents,and Employees: A. The officers shall be a President,one or more Vice Presidents,a Secretary,one or more Assistant Secretaries,a Treasurer, and one or more Assistant Treasurers none of whom shall be required to be shareholders or Directors and each of whom shall be elected annually by the Board of Directors at each annual meeting to serve a term of office of one year or until a successor has been elected and qualified,may serve successive terms of office,may be removed from office at any time for or without cause by a vote of a majority of the Board of Directors, and shall have such powers and rights and be charged with such duties and obligations as usually are vested in and pertain to such office or as may be directed from time to time by the Board of Directors;and the Board of Directors or the officers may from time to time appoint, discharge,engage,or remove such agents and employees as may be appropriate,convenient,or necessary to the affairs and business of the corporation. NATIONAL INDEMNITY COMPANY(BOARD RESOLUTION ADOPTED AUGUST 6,2014) RESOLVED, That the President,any Vice President or the Secretary,shall have the power and authority to(1)appoint Attorneys- in-fact,and to authorize them to execute on behalf of this Company bonds and other undertakings and(2)remove at any time any such Attorney-in-fact and revoke the authority given. NATIONAL LIABILITY&FIRE INSURANCE COMPANY(BY-LAWS) ARTICLE IV Officers Section 1.Officers,Agents and Employees: A. The officers shall be a president,one or more vice presidents,one or more assistant vice presidents,a secretary,one or more assistant secretaries,a treasurer,and one or more assistant treasurers, none of whom shall be required to be shareholders or directors,and each of whom shall be elected annually by the board of directors at each annual meeting to serve a term of office of one year or until a successor has been elected and qualified,may serve successive terms of office,may be removed from office at any time for or without cause by a vote of a majority of the board of directors. The president and secretary shall be different individuals. Election or appointment of an officer or agent shall not create contract rights. The officers of the Corporation shall have such powers and rights and be charged with such duties and obligations as usually are vested in and pertain to such office or as may be directed from time to time by the board of directors;and the board of directors or the officers may from time to time appoint, discharge,engage,or remove such agents and employees as may be appropriate, convenient,or necessary to the affairs and business of the Corporation. NATIONAL LIABIUTY&FIRE INSURANCE COMPANY(BOARD RESOLUTION ADOPTED AUGUST 6,2014) RESOLVED, That the President,any Vice President or the Secretary,shall have the power and authority to(1)appoint Attorneys- in-fact,and to authorize them to execute on behalf of this Company bonds and other undertakings and(2)remove at any time any such Attorney-in-fact and revoke the authority given. ( No. 3148-4 STATE OF CALIFORNIA DEPARTMENT OF INSURANCE SAN FRANCISCO Amended Certificate of Authority THIS IS TO CERTIFY that,pursuant to the Insurance Code of the State of California, Berkshire Hathaway Specialty Insurance Company of Nebraska, organized under the laws of Nebraska, subject to its Articles of Incorporation or other fundamental organizational documents, is hereby authorized to transact within this State,subject to all provisions of this Certificate,the following classes of insurance: Fire,Marine,Surety,Disability,Plate Glass,Liability,Workers'Compensation, Common Carrier Liability,Boiler and Machinery,Burglary, Sprinkler,Automobile,Aircraft,and Miscellaneous as such classes are now or may hereafter be defined in the Insurance Laws of the State of California. THIS CERT J.l'•ICATE is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all,and not in violation of any,of the applicable laws and lawful requirements made under authority of the laws of the State of California as long as such laws or requirements are in effect and applicable,and as such laws and requirements now are,or may hereafter be changed or amended IN WITNESS WHEREOF,effective as of the 41s day of September, 2015,I have hereunto set my hand and caused my official seal to be affixed this 4's day of September,2015. Dave Jones _ Insurance Commissioner By ' / Susan J.Stapp for Nettie Hoge i CJief zy NOTICE: Qualification with the Secretary of State must be accomplished as required by the California Corporations Code promptly after issuance ofthis Certificate of Authority.Failure to do so will be a violation of Insurance Code section 701 and will be grounds for revoking this Certificate of Authority pursuant to the covenants made in the application therefor and the conditions contained herein.