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HomeMy WebLinkAboutContract 1940 HqL/o Z\p AGREEMENT FOR SERVICES BETWEEN THE CITY OF CATHEDRAL CITY, CALIFORNIA AND Superior Pavement Markings, Inc. This Agreement for Services ("Agreement") is entered into as of October 27, 2021 ("Effective Date") by and between the City of Cathedral City, a municipal corporation ("City") and Superior Pavement Markings, Inc. ("Service Provider"). City and Service Provider are sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to as the "Parties." RECITALS A. City has sought, by request for quotations the performance of the services defined and described particularly in Section 2 of this Agreement. B. Service Provider, following submission of a quote for the performance of the services defined and described particularly in Section 2 of this Agreement, was selected by the City to perform those services. C. Pursuant to the City of Cathedral City's Municipal Code, City has authority to enter into this Services Agreement and the City Manager has authority to execute this Agreement. D. The Parties desire to formalize the selection of Service Provider for performance of those services defined and described particularly in Section 2 of this Agreement and desire that the terms of that performance be as particularly defined and described herein. OPERATIVE PROVISIONS NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained here and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows: SECTION 1. TERM OF AGREEMENT. Subject to the provisions of Section 19 "Termination of Agreement" of this Agreement, the Term of this Agreement is for sixty (60) calendar days commencing on the Effective Date. SECTION 2. SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE. (a) Scope of Services. Service Provider agrees to perform the services set forth in Exhibit "A" "Scope of Services" (hereinafter, the "Services") and made a part of 1 this Agreement by this reference. Exhibit "A" includes the proposal submitted by Service Provider in response to the City's Addendum Number 1 for RFP 2021-004 Pavement Striping, Markings and Markers ("Addendum Number 1"). Service Provider shall comply with the provisions of the proposal and Addendum Number 1. (b) Schedule of Performance. The Services shall be completed pursuant to the schedule specified in Exhibit "A." Should the Services not be completed pursuant to that schedule; the Service Provider shall be deemed to be in Default of this Agreement. The City, in its sole discretion, may choose not to enforce the Default provisions of this Agreement and may instead allow Service Provider to continue performing the Services. SECTION 3. ADDITIONAL SERVICES. Service Provider shall not be compensated for any work rendered in connection with its performance of this Agreement that are in addition to or outside of the Services unless such additional services are authorized in advance and in writing in accordance with Section 25 "Administration and Implementation" or Section 27 "Amendment" of this Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Services. SECTION 4. COMPENSATION AND METHOD OF PAYMENT. Subject to any limitations set forth in this Agreement, City agrees to pay Service Provider the amounts specified in Exhibit "B" "Compensation" and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Two Hundred Twenty Eight Thousand Three Hundred Eighty Two dollars ($228,382.00), unless additional compensation is approved in writing in accordance with Section 25 "Administration and Implementation" or Section 27 "Amendment" of this Agreement. (a) Each month Service Provider shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-Service Provider contracts. Sub-Service Provider charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in subsection (a) and Exhibit "B" include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of task performed and the amount of time incurred for or allocated to that task. City shall independently review each invoice submitted by the Service Provider to determine whether the work performed, and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c). In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Service Provider for correction and resubmission. (b) Except as to any charges for work performed or expenses incurred by Service Provider which are disputed by City, City will use its best efforts to cause Service Provider to be paid within forty-five (45) days of receipt of Service Provider's correct and undisputed invoice. (c) Payment to Service Provider for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Service Provider. SECTION 5. INSPECTION AND FINAL ACCEPTANCE. City may inspect and accept or reject any of Service Provider's work under this Agreement, either during performance or when completed. City shall reject or finally accept Service Provider's work within sixty (60) days after submitted to City. City shall reject work by a timely written explanation, otherwise Service Provider's work shall be deemed to have been accepted. City's acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as amount to fraud. Acceptance of any of Service Provider's work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 15 "Indemnification" and Section 16 "Insurance." SECTION 6. OWNERSHIP OF DOCUMENTS. All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Service Provider in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Service Provider. Upon completion, expiration or termination of this Agreement, Service Provider shall turn over to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents. If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents prepared, developed or discovered by Service Provider in the course of providing the Services pursuant to this Agreement, Service Provider's guarantees and warranties in Section 9 "Standard of Performance; Familiarity With Work" of this Agreement shall not extend to such use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents. SECTION 7. SERVICE PROVIDER'S BOOKS AND RECORDS. (a) Service Provider shall maintain any and all documents and records demonstrating or relating to Service Provider's performance of the Services. Service Provider shall maintain any and all ledgers, books of account, invoices, vouchers, 3 canceled checks, or other documents or records evidencing or relating to work, services, expenditures and disbursements charged to City pursuant to this Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by Service Provider pursuant to this Agreement. Any and all such documents or records shall be maintained for three (3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures. (b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Service Provider's address indicated for receipt of notices in this Agreement. (c) Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of Service Provider's business, City may, by written request, require that custody of such documents or records be given to the City. Access to such documents and records shall be granted to City, as well as to its successors-in-interest and authorized representatives. SECTION 8. INDEPENDENT CONTRACTOR. (a) Service Provider is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Service Provider shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. (b) The personnel performing the Services under this Agreement on behalf of Service Provider shall at all times be under Service Provider's exclusive direction and control. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Service Provider or any of Service Provider's officers, employees, or agents except as set forth in this Agreement. Service Provider shall not at any time or in any manner represent that Service Provider or any of Service Provider's officers, employees, or agents are in any manner officials, officers, employees or agents of City. (c) Neither Service Provider, nor any of Service Provider's officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City's employees. Service Provider expressly waives any claim Service Provider may have to any such rights. 4 SECTION 9. STANDARD OF PERFORMANCE; FAMILIARITY WITH WORK. (a) Service Provider represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent and professional manner. Service Provider shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services. In meeting its obligations under this Agreement, Service Provider shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Service Provider under this Agreement. In addition to the general standards of performance set forth this section, additional specific standards of performance and performance criteria may be set forth in Exhibit "A" "Scope of Work" that shall also be applicable to Service Provider's work under this Agreement. Where there is a conflict between a general and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general. (b) Service Provider warrants that (1) it has thoroughly investigated and considered the work to be performed, (2) it has investigated the issues, regarding the scope of services to be provided, (3) it has carefully considered how the work should be performed, and (4) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES. Service Provider shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Service Provider shall obtain any and all licenses, permits and authorizations necessary to perform the Services set forth in this Agreement. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Service Provider to comply with this section. SECTION 11. INTENTIONALLY DELETED SECTION 12. NONDISCRIMINATION. Service Provider shall not discriminate, in any way, in the employment of persons to perform the Services in violation of any federal or state law prohibiting discrimination in employment, including based on the 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, of any person, except as provided under California Government Code section 12940. SECTION 13. CONFLICTS OF INTEREST. (a) Service Provider covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City, or which would in any way hinder Service Provider's performance of the Services. Service Provider further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent, or subcontractor without the express written consent of the City Manager. Service Provider agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. (b) City may determine that Service Provider must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests. If such a determination is made, Service Provider shall file the subject Form 700 with the City Clerk's Office pursuant to the written instructions provided by the Office of the City Clerk within ten (10) days of the request. (c) City understands and acknowledges that Service Provider is, as of the date of execution of this Agreement, independently involved in the performance of non- related services for other governmental agencies and private parties. Service Provider is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section. (d) City understands and acknowledges that Service Provider will perform non-related services for other governmental agencies and private Parties following the completion of the Services under this Agreement. Anysuch future service shall not be p g considered a conflict of interest for purposes of this section. (e) SECTION 14. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION. (a) All information gained or work product produced by Service Provider in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Service Provider. Service Provider shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law. (b) Service Provider, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Service Provider gives City notice of such court order 6 1 or subpoena. (c) If Service Provider, or any officer, employee, agent or subcontractor of Service Provider, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Service Provider for any damages, costs and fees, including attorney's fees, caused by or incurred as a result of Service Provider's conduct. (d) Service Provider shall promptly notify City should Service Provider, its officers, employees, agents or subcontractors, be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Service Provider or be present at any deposition, hearing or similar proceeding. Service Provider agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Service Provider. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. SECTION 15. INDEMNIFICATION. (a) Indemnification for Professional Liability. Where the law establishes a professional standard of care for Service Provider's services, to the fullest extent permitted by law, Service Provider shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorney's fees and costs, court costs, interest, defense costs, and expert witness fees) arise out of, are a consequence of, or are in any way attributable to, in whole or in part, any negligent or wrongful act, error or omission of Service Provider, or by any individual or entity for which Service Provider is legally liable, including but not limited to officers, agents, employees or subcontractors of Service Provider, in the performance of professional services under this Agreement. Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Service Provider shall indemnify, protect, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorney's fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Service Provider, or by any individual or entity for which Service Provider is legally liable, including but not limited to officers, agents, employees or subcontractors of Service Provider. 7 (b) Indemnification from Sub-Service Providers. Service Provider agrees to obtain executed indemnity agreements with provisions identical to those set forth in this section from each and every sub-Service Provider or any other person or entity involved by, for, with or on behalf of Service Provider in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Service Provider fails to obtain such indemnity obligations from others as required herein, Service Provider agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Service Provider and shall survive the termination of this Agreement or this section. (c) Limitation of Indemnification. Notwithstanding any provision of this section to the contrary, design professionals are required to defend and indemnify the City only to the extent permitted by Civil Code Section 2782.8, which limits the liability of a design professional to claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses, or costs that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the design professional. The term "design professional," as defined in Section 2782.8, is limited to licensed architects, licensed landscape architects, registered professional engineers, professional land surveyors, and the business entities that offer such services in accordance with the applicable provisions of the California Business and Professions Code. (d) City's Negligence. The provisions of this section do not apply to claims occurring as a result of City's sole negligence. The provisions of this section shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officials, employees, and agents. SECTION 16. INSURANCE. Service Provider agrees to obtain and maintain in full force and effect during the term of this Agreement the insurance policies set forth in Exhibit "C" "Insurance" and made a part of this Agreement. All insurance policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. Service Provider agrees to provide City with copies of required policies upon request. SECTION 17. ASSIGNMENT. The expertise and experience of Service Provider are material considerations for this Agreement. City has an interest in the qualifications and capability of the persons and entities who will fulfill the duties and obligations imposed upon Service Provider under this Agreement. In recognition of that interest, Service Provider shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Service Provider's duties or obligations under this Agreement without the prior written consent of the City. Any attempted assignment shall be ineffective, null and void, and 8 shall constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including termination of this Agreement pursuant to Section 19 "Termination of Agreement." City acknowledges, however, that Service Provider, in the performance of its duties pursuant to this Agreement, may utilize subcontractors. SECTION 18. CONTINUITY OF PERSONNEL. Service Provider shall make every reasonable effort to maintain the stability and continuity of Service Provider's staff and subcontractors, if any, assigned to perform the Services. Service Provider shall notify City of any changes in Service Provider's staff and subcontractors, if any, assigned to perform the Services prior to and during any such performance. SECTION 19. TERMINATION OF AGREEMENT. (a) City may terminate this Agreement, with or without cause, at any time by giving thirty (30) days written notice of termination to Service Provider. In the event such notice is given, Service Provider shall cease immediately all work in progress. (b) Service Provider may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City. (c) If either Service Provider or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Service Provider, or City may terminate this Agreement immediately upon written notice. (d) Upon termination of this Agreement by either Service Provider or City, all property belonging exclusively to City which is in Service Provider's possession shall be returned to City. Service Provider shall furnish to City a final invoice for work performed and expenses incurred by Service Provider, prepared as set forth in Section 4 "Compensation and Method of Payment" of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 4 "Compensation and Method of Payment" of this Agreement. SECTION 20. DEFAULT. In the event that Service Provider is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Service Provider for any work performed after the date of default. Instead, the City may give notice to Service Provider of the default and the reasons for the default. The notice shall include the timeframe in which Service Provider may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Service Provider is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Service Provider does not cure the default, the City may take necessary steps to terminate this Agreement 9 under Section 19 "Termination of Agreement." Any failure on the part of the City to give notice of the Service Provider's default shall not be deemed to result in a waiver of the City's legal rights or any rights arising out of any provision of this Agreement. SECTION 21. EXCUSABLE DELAYS. Service Provider shall not be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of Service Provider. Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state or local governments, acts of City, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes. SECTION 22. COOPERATION BY CITY. All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for carrying out the Services shall be furnished to Service Provider in every reasonable way to facilitate, without undue delay, the Services to be performed under this Agreement. SECTION 23. NOTICES. All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and return receipt requested, addressed as follows: To City: City of Cathedral City Attn: City Manager 68-700 Avenida Lalo Guerrero Cathedral City, CA 92234 To Service Provider: Superior Pavement Markings, Inc. Attn: Dale Shults 650 E 1st St Beaumont CA, 92223 Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service. SECTION 24. AUTHORITY TO EXECUTE. The person or persons executing this Agreement on behalf of Service Provider represents and warrants that he/she/they has/have the authority to so execute this Agreement and to bind Service Provider to the performance of its obligations hereunder. 10 SECTION 25. ADMINISTRATION AND IMPLEMENTATION. This Agreement shall be administered and executed by the City Manager or his or her designated representative. The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit additional funds, consistent with Section 27 "Amendment" and the City Manager's contracting authority under the Cathedral City Municipal Code. SECTION 26. BINDING EFFECT. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties. SECTION 27. AMENDMENT. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Service Provider and by the City. The City Manager shall have the authority to approve any amendment to this Agreement if the total compensation under this Agreement, as amended, would not exceed the City Manager's contracting authority under the Cathedral City Municipal Code. All other amendments shall be approved by the City Council. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void. SECTION 28. WAIVER. Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Service Provider shall not constitute a waiver of any of the provisions of this Agreement. SECTION 29. LAW TO GOVERN; VENUE. This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the Parties, venue in state trial courts shall lie exclusively in the County of Riverside, California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside. SECTION 30. ATTORNEYS FEES, COSTS AND EXPENSES. In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing Party in such litigation or other proceeding shall be entitled to an award of reasonable attorney's fees, costs and expenses, in addition to any other relief to which it may be entitled. Il SECTION 31. ENTIRE AGREEMENT. This Agreement, including the attached Exhibits "A" through "C", is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Service Provider and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid and binding. SECTION 32. SEVERABILITY. If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby, and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s). SECTION 33. CONFLICTING TERMS. Except as otherwise stated herein, if the terms of this Agreement conflict with the terms of any Exhibit hereto, or with the terms of any document incorporated by reference into this Agreement, the terms of this Agreement shall control. 12 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written. CITY OF CATHEDRAL CITY Superior Pavement Markings, Inc. 146149 Charles P. McClendon By: Darren Veltz City Manager er Its: • ATTEST: — �� low By: Ro.ert Garcia Its: VP _ '' G Tracey–R. F rtinez, MC City Clerk APPROVED AS TO F• Eric S. Vail City Attorney NOTE: SERVICE PROVIDER'S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO SERVICE PROVIDER'S BUSINESS ENTITY. 13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of San Bernardino ) On November 30,2021 before me, Lorena B. Berumen-Notary Public , Date Here Insert Name and Title of the Officer personally appeared Darren Veltz Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(*) whose names) is/ace subscribed to the within instrument and acknowledged to me that he/sNe/they executed the same in his/Mr/44r authorized capacity(iss),and that by his/I1Kr/their signature(x)on the instrument the person(, or the entity upon behalf of which the person(*) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. LORENAB,gERUMEN WITNESS my han d official seal. : CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 .- -:v. : .ss. .w.a:w.w.sit:wt.a•.sat.s�t.at.s...�t.At.�t:st.sa.Tt_s..v�.w. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of San Bernardino On November 30,2021 before me, Lorena B. Berumen-Notary Public Date Here Insert Name and Title of the Officer personally appeared Roberto Garcia Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ace subscribed to the within instrument and acknowledged to me that he/sine/they executed the same in his/Nr/tFj, it authorized capacity(ie ),and that by his/IV/their signature(rs)on the instrument the person($:), 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. • LORENA B.BERUMEN Notary Public-California WITNESS my hand a official seal. , - Orange County • Commission#2380838 . My Comm.Expires Oct 29,2025 j n�,(/ Signature _ Signature of Notary Public Lorena B. Berumen-Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: City of Cathedral City Document Date: Number of Pages: 1 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 ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: Superior Pavement Markings Inc. ��. • • 4_..•24- • ©2015 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 Cathedral City DATE: September 23,2021 TO: All Prospective Proposers RE: RFP 2021-004 Pavement Striping,Markings and Markers ADDENDUM NUMBER 1 The following shall be considered as incorporated into the RFP for the above referenced project. Portions of the RFP and Contract Documents not specifically mentioned in this Addendum remain in force. 1. Delete the previously Request for Proposal. 2. Insert the attached revised Request for Proposal with Addendum No.1 including updates for the number of working days to complete service,general administration information,summary of cost,and an agreement for services. The prospective proposers are hereby notified APPROVF a• JohA .rella,P.E. Di a of Engineering/Public Works END OF ADDENDUM NUMBER 1 Cathedral City City of Cathedral City Request for Quotation To Provide PAVEMENT STRIPING,MARKINGS AND MARKERS CONTRACT The City of Cathedral City seeks quotations to provide application of painted striping and markings,removal of pavement striping and markings(to include paint striping,thermoplastic markings and raised pavement markers)on select city streets for its Engineering and Public Works Departments. The City of Cathedral City intends to select one licensed Contractor to provide application of painted striping and markings, removal of pavement striping and markings, including thermoplastic, and replacement of raised,reflective markers.All pavement marking materials,installation,or removal must conform to Section 84-2 of the of California Department of Transportation Standard Specifications,Latest Edition. The successful Contractor will be expected to enter into the attached Agreement QUOTATIONS ARE TO BE SUBMITTED TO THE CITY ON OCTOBER 13.2021 BY 3:00 P.M. SERVICES TO BE PROVIDED(Shall include,but may not be limited to): Contractor to remove conflicting striping and markings,including thermoplastic,by grinding,apply new paint and replace markers on the following street segments: 1. Cathedral Canyon from Terrace to Ramon Rd 2. Dinah Shore from westside of bridge to Plumley Rd 3. Date Palm Rd from East Palm Canyon to Vista Chino 4. 30th Ave from Landau Blvd to Da Vall Dr(Start 1000'East of Landau Blvd) 5. Landau Blvd from Ramon Rd to Verona Rd 6. Vista Chino from Date Palm to City Limit. 7. Perez Rd from East Palm Canyon to Date Palm Dr 8. Victoria Dr from Date Palm to Plumley Rd 9. Plumley Rd from Dave Kelley Rd to Dinah Shore 10. Converse Rd from Plumley to Date Palm Rd 11. 35th from Date Palm to Plumley Rd 12. Dave Kelley Rd from Plumley Rd to Date Palm Dr 13. Avenida Maravilla from Ramon Rd to Vista Chino Rd 14. McCallum Way from Da Vall Dr to Landau Blvd 15. Tachevah Dr from Date Palm to Landau 16. Santoro Dr from El Dobe Rd to Tortuga Rd 17. Varner Rd from Bob Hope to Palm Dr 18. Verona Rd from Ventura to Landau Blvd Pavement Striping,Markings and Markers Contract Page 1 of 7 19. San Eljay Ave from 30th to dead end 20. East Palm Canyon,Rancho Mirage to Palm Springs Border 21. Date Palm from I-10 North to Varner 22. Market Place at Date Palm,Westside(See diagram attached) Specifications: Genera( All work and materials shall comply with Section 84-2 "Traffic Stripes and Pavements Markings" of the current State Standard Specifications,except as modified by these Technical Specifications. This work shall consist of applying painted traffic stripes (traffic lines)and pavement markings, including applying glass beads,at locations and in accordance with the details shown on project plans or designated by the Director of Engineering/Public Works and his designated representative as specified by these Technical Specifications. The CONTRACTOR shall conduct an inventory of all existing striping within the project area prior to the commencement of construction and removal of any existing striping.This inventory shall be completed by the Contractor and submitted to the Director of Engineering/Public Works for approval. It is the CONTRACTOR's responsibility to obtain an accurate inventory of all existing striping and marking prior to construction. The CONTRACTOR shall replace all existing striping, markings, and reflective pavement markers(RPM)as specified in this section. The CONTRACTOR will have 60 calendar days to complete the service from the date of issuing notice to proceed. All equipment,materials,and components for striping,markings and pavement markers and the installation thereof,shall conform to the Caltrans Standard Specifications, Section 84-2,"Traffic Stripes and Pavement Markings."Those Specifications are hereinafter referred to as State Standard Specifications. Copies of these documents are available from the Caltrans,District 8 office at 484 West 4th Street,San Bernardino,California 92401 or from Caltrans 1900 Royal Oaks Dr,Sacramento,California 95815(916)263-0822. All materials required for the completion of work as shown on the Plans shall be provided by the CONTRACTOR. Payment. Payment for inventory of all existing striping,removal of existing striping,pavement markings, and pavement markers shall be included in the unit price per street segment, for striping, and pavement markings and no additional compensation will be allowed,therefore. SECTION 84-2-TRAFFIC STRIPES AND PAVEMENT MARKINGS Description. All pavement marking,legend and lines shall be paint as called for in the referenced standards unless otherwise approved by the Director of Engineering/Public Works(Engineer), Disclaimer.All normal,broken,and dotted traffic stripes shall be 4-inch-wide.A double yellow traffic stripe will consist of two 4-inch-wide stipes with a 3-inch black stripe between them. Control of Alignment and Layout. The CONTRACTOR shall furnish the necessary control points for all striping and markings and shall be responsible for the completeness and accuracy thereof to the satisfaction of the Engineer. Pavement Striping,Markings and Markers Contract Page 2 of 7 Existing traffic stripes(including raised pavement markers), pavement legends and markings that do not conform to the specification shall be removed by Grinding. A minimum of 3 passes with the grinder, per stripe,is required. Removal shall be to a maximum depth of 1/10".Removal depth may exceed 1/10" only when necessary to effectively remove paint, and only on approval by the Engineer. Asphalt emulsion slurry shall be applied to the areas where stripes or pavement markings have been removed. When no previously applied figures,markings,or traffic striping are available to serve as a guide, suitable layouts shall be spotted in advance of the permanent paint application. Traffic lines may be spotted by using a rope as a guide for marking spots every 5 feet by using a marking wheel mounted on a vehicle,or by any other means satisfactory to the Engineer. The CONTRACTOR shall mark or otherwise delineate the traffic lanes in the roadway, or portion of roadway,or detour before opening it to traffic. No striping or painting work shall start until the Engineer has specifically approved the spotted markings. In no case shall any section of street be left without the proper striping for more than 24 hours, or over the weekends or holidays. MATERIALS-.All traffic striping shall be two coats of paint with glass beads unless otherwise approved by the Engineer a minimum of 7 days and a maximum of 14 days shall elapse between application of the first and second coats of paint. The paint for traffic striping and markings shall be as follows: High Build Fast Dry Waterbome,White—ENNIS-FLINT#985221,or approved equal. High Build Fast Dry Waterborne,Black—ENNIS-FLINT#985223,or approved equal. High Build Fast Dry Waterborne,Yellow—ENNIS-FLINT#985222,or approved equal. The paint for concrete curbs shall be the following, or approved equal: 1. ENNIS-FLINT#985224 Red 2. ENNIS-FLINT#985225 Blue 3. ENNIS-FLINT#985226 Green All paint shall meet SCAQMD Rule 1113. Glass beads for paint shall conform to State Specification 8010-004(Type II). All pavement markings shall match city stencils. PAVEMENT MARKERS General. Reflective pavement markers shall be 3M brand, Series 290, Stimsonite Brand Model 980 or approved equal. Additional RPMs will be required in various locations throughout the city. The Engineer will provide locations. General Administrative Information Each respondent understands and agrees that the City,its departments,theiroff vers,employees,or agents are not responsible for: Pavement Striping, Markings and Markers Contract Page 3 of 7 a. Any costs incurred by a respondent in the preparation,delivery or presentation of a proposal. b. Any costs incurred by a respondent in meeting the criteria as a result of making or submitting a proposal or subsequently in entering into a formal agreement with the City. c. Any errors,inaccuracies or misstatements related to the information or data supplied to any consultant by the City.The use of such information or data provided by the City, its officers,employees or agents is intended to be used at the sole discretion and risk of the firm in the preparation of a proposal pursuant to this Request for Proposal only. All proposals submitted in response to this RFP shall become the property of Cathedral City and will not be returned and such proposals,after the contract is awarded,are subject to the California Public Records Act. Acceptance/Rejection Modification Cathedral City reserves the right to accept, reject, modify or cancel in whole or in part, this Request for Proposal. The City reserves the right to accept or reject any and all proposals, negotiate modifications to proposals that it deems acceptable,to request and consider additional information from any proposer and to waive minor irregularities and technical defects in this proposal process. The City reserves the right to seek new proposals when it determines that it is in the best interest of the City to do so. Authority to Withdraw Cathedral City reserves the right to withdraw this Request for Proposal (RFP) without prior notice. The City makes no representation that any agreement will be awarded to any firm as a result of having responded to this request. All proposals submitted in response to this RFP shall become the property of the City and will not be returned. ATTACHMENTS • Striping Diagram for Item No.22 Market Place at Date Palm. • Agreement for Services Payment. The contract Unit Prices per street segment or per hour shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in removing by grinding conflicting striping and markings, placing temporary striping, new striping, legend markings, arrows, raised pavement markers, etc. as specified in the Caltrans Standard Specifications and these specifications,and as directed by the Engineer,and no additional compensation will be made therefore. Prevailing Wage. In accordance with Section 1770 of the Labor Code, the City has ascertained and does hereby specify that the prevailing wage rates shall be those provided in Article 1110-20.0,WAGE RATES. The said rates shall include all employer payments that are required by Section 1773.1 of the Labor Code. Quotations are to be submitted to the City on OCTOBER 13,2021 by 3:00 P.M. Quotations received after the stated deadline shall not be accepted. Quotations are to be delivered to: Andres Perez Assistant Civil Engineer City of Cathedral City 68-700 Avenida Lalo Guerrero Cathedral City,CA 92234 The City reserves the right to waive informalities and to reject all quotations at its sole discretion. Pavement Striping, Markings and Markers Contract Page 4 of 7 1 Striping Diagram for Item No. 22 Market Place at Date Palm T r' ' 1I A 11 �� nate Peln,Di D.le Pd 111 L:•1 I7_i1P 31m ilr Caw Pa Dr 5CID 3 .-. - .-•Ve * t! 4, I 1 I O:Ne•Poitlr:!t ?i•r F?alrrl 0 '' " s r r , AI lib 11-11'71r. � ,� . . o. -le ... ........: --.., $let, r .,.. Oar siiif .!ir.7.„ i • �� ~ 1#6. Legend 1) 2'Dash Lines,spaced at 2' 2) Two 12"White Lines at Crosswalk 3) One Right Turn Arrow 4) One Left Turn Arrow&Straight Arrow 5) 6"White Line @ 50' 6) 6"Double Yellow @ 50' Pavement Striping, Markings and Markers Contract Page 7 of 7 EXHIBIT "B" COMPENSATION I. Service Provider shall use the following rates of pay in the performance of the Services: The total compensation, including reimbursement for actual expenses, shall not exceed Two Hundred Twenty Eight Thousand Three Hundred Eighty Two dollars ($228,382.00),unless additional compensation is approved in writing in accordance with Section 25 "Administration and Implementation" or Section 27 "Amendment" of this Agreement. ITEm ITEM DESCRIPTION UNIT QUANTITY UNIT COST ( TOTAL NO. 1 1 Cathedral Canyon from Terrace to EA 1 S 2_1 i31,1.9_Q $ 21,3to�.s>s Ramon Rd 2 Dinah Shore from westside of bridge to EA 1 $g.4'n3-eD $ $,yg1,.=D Plumley Rd 3 Date Palm Rd from East Palm Canyon EA 1 s sspPWr S 35,aeua to Vista Chino 4 301^Ave from Landau Blvd to Da Vall Dr EA 1 5 0,43as $ (Start 1000'East of Landau Blvd) J 5 Landau Blvd from Ramon Rd to Verona EA 1 $ 1'1511. $ 1-1,1311-"Q Rd • 6 Vista Chino from Date Palm to City EA 1 523,111, $L5,111.� Limit. 7 Perez Rd from East Palm Canyon to EA 1 517. °1'5 S $11,°135. Date Palm Dr 8 Victoria Dr from Date Palm to Plumley EA 1 $ysab"=' $yyl Rd 9 Plumley Rd from Dave Kelley Rd to LA 1 5.11 T!i Dinah Shore 10 Converse Rd from Plumley to Date EA. 1 $31f0S !° $11,,t tati@° Palm Rd 11 351'from Date Palm to Plumley Rd EA 1 s 1t414.01 $1,u1,-k 12 Dave Kelley Rd from Plumley Rd to EA 1 $01141-.1P $1A-}1p Date Palm Dr 13 Avenida Maraviilla from Ramon Rd to EA 1 $Lp,ty5l4 Vista Chino Rd 14 McCallum Way from Da Vail Dr to EA 1 $ S Landau Blvd - SAM. SASS.992 15 Tachevah Dr from Date Palm to Landau EA 1 S kl Fa4 Z= ITEM _.NP_ _ ITEM DESCRIPTION UNIT I QUANTITY UNIT COST TOTAL 17 Varner Rd from Bob Hope to Palm Dr EA 111 1 $CIA,V2 $(1,1$S.'511 18 Verona Rd from Ventura to Landau Blvd EA 1 $1,1x1"1.*Q S11101,1.429- 19 San Ejay Ave from 30th to dead end EA 1 $ SOW/IP $S•1p.4212 20 East Palm Canyon,Rancho Mirage to EA 1 $'j,-grt,rj�' $1 c1,1ll Palm Springs Border • 21 Date Palm from I-10 North to Varner EA 1 $ tki�,+ rf, , S 43it,' 22 Market Place at Date Palm.Westside EA 1 $%+yp $S yo p1° (See diagram attached) _ 23 Three Pass Grinding Max 1110"To HOUR 20 $t.0'?.a-" $12,5-1)p Remove Conflicting Striping and I Markings — --- — ---, 24 1 Additional Reflective Pavement Markers EA 200 $ $.gyp $ l,loo ! TOTAL OF ITEMS 1 THROUGH 24(IN FIGURES) S 2'>;.$, 62. Total in words: ,� amu• Superior Pavement Markings Inc. _ Company Name 4.714 . -91_09. 1 elept'ronc Number 776306 C32,C-31 C-61 D38 Contractor's License No.iClassification OBJ3I I�W,1A i.icen Erp �itaor�D� e � - Signature of kes ._.siiiie Party Darren Neta,C.r.o. B-2 InPgrET Superior Pavement Markings, Inc. PO Box 278 Pavement Markings Beaumont, CA 92223 Phone 951.845.2799 License# 776306 Fax 951.845.6399 Union Local 1184 Proposal & Contract 37924 DIR#1000001476 P Submit To: Contact: Project CITY OF CATHEDRAL CITY Andres Perez RFP 2021-004 Pavement Striping, 68700 AVENIDA LALA GUERRO Markings and Markers CATHEDRAL CITY, CA 92234 Cathedral City Date: Estimator 10/13/21 Dale Shults # Description Qty um Price Ext Price - Contractor to remove conflicting striping and markings, including thermoplastic, by grinding,apply new paint and replace markers on the following street segments: 1 Cathedral Canyon from Terrace to Ramon Rd 1 LS 21,369.00 21,369.00 2 Dinah Shore from westside of bridge to Plumley Rd 1 LS 8,493.00 8,493.00 3 Date Palm Rd from East Palm Canyon to Vista Chino 1 LS 33,996.00 33,996.00 4 30th Ave from Landau Blvd to Da Vall Dr(Start 1000'East of Landau 1 LS 17,585.00 17,585.00 Blvd) 5 Landau Blvd from Ramon Rd to Verona Rd 1 LS 17,317.00 17,317.00 6 Vista Chino from Date Palm to City Limit. 1 LS 23,117.00 23,117.00 7 Perez Rd from East Palm Canyon to Date Palm Dr 1 LS 12,935.00 12,935.00 8 Victoria Dr from Date Palm to Plumley Rd 1 LS 4,683.00 4,683.00 9 Plumley Rd from Dave Kelley Rd to Dinah Shore 1 LS 597.00 597.00 10 Converse Rd from Plumley to Date Palm Rd 1 LS 3,866.00 3,866.00 11 35th from Date Palm to Plumley Rd 1 LS 1,414.00 1,414.00 12 Dave Kelley Rd from Plumley Rd to Date Palm Dr 1 LS 1,176.00 1,176.00 13 Avenida Maravilla from Ramon Rd to Vista Chino Rd 1 LS 6,036.00 6,036.00 14 McCallum Way from Da Vail Dr to Landau Blvd 1 LS 5,808.00 5,808.00 15 Tachevah Dr from Date Palm to Landau 1 LS 4,942.00 4,942.00 16 Santoro Dr from El Dobe Rd to Tortuga Rd 1 LS 4,574.00 4,574.00 17 Varner Rd from Bob Hope to Palm Dr 1 LS 9,188.00 9,188.00 18 Verona Rd from Ventura to Landau Blvd 1 LS 2,617.00 2,617.00 19 San Eljay Ave from 30th to dead end 1 LS 590.00 590.00 20 East Palm Canyon, Rancho Mirage to Palm Springs Border 1 LS 29,111.00 29,111.00 21 Date Palm from 1-10 North to Varner 1 LS 4,838.00 4,838.00 22 Market Place at Date Palm, Westside (See diagram attached) 1 LS 530.00 530.00 23 Three Pass Grinding Max 1/10"To Remove Conflicting Striping and 20 HR 625.00 12,500.00 Markings 24 Additional Reflective Pavement Markers 200 EA 5.50 1,100.00 lddenda Considered =1 Jp to 35 week day mobilizations (Not to Exceed 60 Days)are included. Additional mobilizations at$1,750.00 ea. t mobilization or Move-In is any work accomplished through consecutive shifts. If work is unavailable or not ready for Continued... # Description Qty um Price Ext Price Superior an additional mobilization charge will be incurred. Traffic control for Superior work areas during Superior work hours only. A Minimum Of 15 Working Days Is Required Prior To Each Move In. Quote Includes: Traffic Paint YES, 2 Coats]-Thermoplastic[NO]- Rpm's [As Noted in Bid Item#24 Above] - Removals [As noted in Bid Item#23 Above Only] -Sealing[NO]-Signing [NO]-Furnish Mast Arm Signs[NO]-Temp Striping [NO - Per Rquest Only]-Berm/Curb Painting [NO] Superior Pavement Markings, Inc. Total $228,382.00 by: Estimator-Superior Pavement Markings,Inc.(Subject to office approval) Proposal valid for 30 days from 10/13/2021. All areas to be free and clear off ALL debris prior to Superior Pavement Markings'crews arriving on-site.All moves and job requirement are mentioned in notes-nothing is implied unless specifically noted.Not responsible for scheduling other sub's work or scheduling conflicts with other subs.We DOT NOT provide shop drawings of any type unless prior arrangements are made.Not responsible for removing temporary striping or temporary"tabs",tape or chip seal markers unless specifically noted.Signs on signal poles,overhead or truss structures not included unless specifically mentioned in proposal. Superior Pavement Markings is a union company and all jobs are bid using current union or prevailing wage rates. Acceptance of Proposal and Contract:i/we accept the within proposal.You are authorized to perform the work comprehended here under and I/we agree to pay the said amount in accordance with the terms set forth. By signing this Proposal/Contract below Uwe agree to the attached Terms and Conditions. Date: Owner/Customer: Print: _ ------- --------- PLEASE SIGN AND REMIT THIS 2 PAGE DOCUMENT TO ABOVE ADDRESS. page 2 of 2 EXHIBIT "C" INSURANCE A. Insurance Coverages. Service Provider shall provide and maintain insurance, acceptable to the City, in full force and effect throughout the term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Services by Service Provider, its agents, representatives or employees. Service Provider shall procure and maintain the following scope and limits of insurance: Only the following "marked" requirements are applicable: X_Commercial General Liability (CGL): Insurance written on an occurrence basis to protect Service Provider and City against liability or claims of liability which may arise out of this Agreement in the amount of one million dollars ($1,000,000) per occurrence and subject to an annual aggregate of two million dollars 2 000 000 . ($ ) Coverage shall be at least as broad as Insurance Services Office form Commercial General Liability coverage (Occurrence Form CG 0001). There shall be no endorsement or modification of the CGL limiting the scope of coverage for either insured vs. additional insured claims or contractual liability. All defense costs shall be outside the limits of the policy. X Vehicle Liability Insurance: Vehicle liability insurance in an amount not less than $1,000,000 for injuries, including accidental death, to any one person, and subject to the same minimum for each person, in an amount not less than one million dollars ($1,000,000) for each accident, and property damage insurance in an amount of not less than one million dollars ($1,000,000). A combined single limit policy with aggregate limits in an amount of not less than $2,000,000 shall be considered equivalent to the said required minimum limits. Coverage shall be at least as broad as Insurance Services Office form number CA 0001 covering Automobile Liability, including code 1 "any auto" and endorsement CA 0025, or equivalent forms subject to the approval of the City. X Workers' Compensation Insurance: Workers' Compensation insurance that includes a minimum of one million dollars ($1,000,000) of employers' liability coverage. Service Provider shall provide an endorsement that the insurer waives the right of subrogation against the City and its respective elected officials, officers, employees, agents and representatives. In the event a claim under the provisions of the California Workers' Compensation Act is filed against City by a bona fide employee of Service Provider participating under this Agreement, Service Provider is to defend and indemnify the City from such claim. C-1 X Professional Liability Insurance: Professional liability insurance appropriate to the Service Provider's profession in an amount not less than one million dollars $1,000,000 per occurrence. This coverage may be written on a "claims made" basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to Services performed under this Agreement. The insurance must be maintained for at least three (3) consecutive years following the completion of Service Provider's services or the termination of this Agreement. During this additional three (3) year period, Service Provider shall annually and upon request of the City submit written evidence of this continuous coverage. B. Other Provisions. Insurance policies required by this Agreement shall contain the following provisions: 1 . All Coverages. a. Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either Party to this Agreement, reduced in coverage or in limits except after 30 days' prior written notice by certified mail, return receipt requested, has been given to City. b. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A: VII. 2. Commercial General Liability and Automobile Liability Coverages. a. City, and its respective elected and appointed officers, officials, and employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities Service Provider performs; products and completed operations of Service Provider; premises owned, occupied or used by Service Provider; or automobiles owned, leased, hired or borrowed by Service Provider. The coverage shall contain no special limitations on the scope of protection afforded to City, and their respective elected and appointed officers, officials, or employees. b. Service Provider's insurance coverage shall be primary insurance with respect to City, and its respective elected and appointed, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by City, and its respective elected and appointed officers, officials, employees or volunteers, shall apply in excess of, and not contribute with, Service Provider's insurance. ('-2 c. Service Provider's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. d. Any failure to comply with the reporting or other provisions of the insurance policies, including breaches of warranties, shall not affect coverage provided to City, and its respective elected and appointed officers, officials, employees or volunteers. e. The insurer waives all rights of subrogation against the City, its elected ora appointed officers, officials, employees or agents. pP 3. Workers' Compensation Coverage. Unless the City Manager otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation against City, and its respective elected and appointed officers, officials, employees and agents for losses arising from work performed by Service Provider. C. Other Requirements. Service Provider agrees to deposit with City, at or before the effective date of this Agreement, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City may require that Service Provider furnish City with copies of original endorsements effecting coverage required by this Exhibit "C". The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time. 1. Service Provider shall furnish certificates and endorsements from each subcontractor identical to those Service Provider provides. 2. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers, or the Service Provider shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims. 3. The procuring of such required policy or policies of insurance shall not be construed to limit Service Provider's liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement. C-3 Aco o® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY) Ikeiewe/-' ' 10/11/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS _ CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. I IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Patriot Risk& Insurance Services NAME CT 2415 Campus Drive, Suite#200 PaHONNi as,486-7900 FAX Irvine, CA 92612 E.IAILr"'t` ADDRESS: INSURER(5)AFFORDING COVERAGE NAILS www.patrisk.com OK07568 INSURER A: Travelers Indemnity Co of Connecticut 25682 INSURED INSURER B: Travelers Property Casualty Co of Amer 25674 Superior Pavement Markings, Inc. INSURER C: Redwood Fire and Casualty Insurance Co 11673 5312 Cypress St. Cypress CA 90630 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 64493260 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE AWL SUBR POLICY EFF POLICY EXP LTR INSC, YNiD POLICY NUMBER ,MM!DD/YYYY: iMMJDDIYYYY, LIMITS A / COMMERCIAL GENERAL UABILITY / / DT22-CO-65124780-TCT-21 9/18/2021 9/18/2022 EACH OCCURRENCE 51,000,000 DAMAGE TO RENTED CLAIMS-MADE / OCCUR PREMISES Ea occurrence S 300,000 I MED EXP(Any ore person) $5,000 PERSONAL&ADV INJURY $1,000,000 GEM_AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY a JE Q LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ 1 A AUTOMOBILELIABILIT' / 810-6S126005-21-26-G 9/18/2021 9/18/2022 Ea accidentSWGLE LIMIT $1 000,000 ye ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident S B 1 UMBRELLA UAB 1 OCCUR CUP-6S129947-21-26 9/18/2021 9/18/2022 EACHOCCURRENCE $5,000,000 EXCESS LIAR CLAIMS-MADE AGGREGATE S 5 000,000 DED Re ItNTION$ C WORKERS COMPENSATION / SUWC247005 6/1/2021 6/1/2022 if MUTE ETH AND EMPLOYERS'LIABILITY Y I N ANYPROPRIETOR/PARTNER/EXECUTIVE n N/A E.L.EACH ACCIDENT S 1 000,000 OFFICERMEMBEREXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1,000.000 If yes,describe under DESCRIPTION OF OPER4TIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 I DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space is required) Re SPM Job#TBD/Pavement Striping,Marking,&Markers City of Cathedral City is named as an additional insured with respect to GL and Auto Liability per endorsements attached where required by written Waiver of Subrogation applies to GL and WC and in favor of the additional insureds. '30 day notice of cancellation/10 days for non payment of premium CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Cathedral City THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 68-700 Avenida Lalo Guerrero ACCORDANCE WITH THE POLICY PROVISIONS. Cathedral City CA 92234 AUTHORIZED REPRESENTATIVE v-, Dave Jacobson ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 69993260 121(22-GL/AU/U B/WC I Hans White 110/11/2021 11:20,41 AM (:DTI I Pae 1 ci $ This certificate cancels and supersedes ALL previously issued certificate.. DT22-CO-6S 124780-TCT-21 Superior Pavement Markings,Inc. COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (Includes Products-Completed Operations If Required By Contract) This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS (1) Any "bodily Injury", "property damage" or The following is added to SECTION II—WHO IS AN "personal injury' arising out of the providing, INSURED: or failure to provide, any professional Any person or organization that you agree in a architectural, engineering or surveying written contract or agreement to include as an services,including: additional insured on this Coverage Part is an (a) The preparing, approving, or failing to Insured,but only: prepare or approve, maps, shop a. With respect to liability for "bodily injury' or drawings, opinions, reports, surveys, "property damage" that occurs, or for "personal field orders or change orders, or the Injury" caused by an offense that is committed, preparing, approving, or failing to subsequent to the signing of that contract or prepare or approve, drawings and agreement and while that part of the contract or specifications;and agreement Is in effect;and (b) Supervisory, inspection, architectural or b. If, and only to the extent that, such injury or engineering activities. damage is caused by acts or omissions of you or your subcontractor in the performance of "your (2) Any "bodily injury' or "property damage" work"to which the written contract or agreement caused by 'your work" and included in the applies. Such person or organization does not "products-completed operations hazard" qualify as an additional insured with respect to unless the written contract or agreement the independent acts or omissions of such specifically requires you to provide such person or organization. coverage for that additional insured during The Insurance provided to such additional insured is the policy period. subject to the following provisions: c. The additional insured must comply with the a. If the Limits of Insurance of this Coverage Part following duties: shown in the Declarations exceed the minimum limits required by the written contract or (1) Give us written notice as soon as practicable agreement, the insurance provided to the of an "occurrence" or an offense which may additional insured will be limited to such result in a claim.To the extent possible,such minimum required limits. For the purposes of notice should include: determining whether this limitation applies, the (a) How, when and where the "occurrence" minimum limits required by the written contract or or offense took place; agreement will be considered to include the minimum limas of any Umbrella or Excess (b) The names and addresses of any injured liability coverage required for the additional persons and witnesses; and insured by that written contract or agreement. This provision will not increase the limits of (c) The nature and location of any injury or insurance described In Section III — Limits Of damage arising out of the "occurrence" Insurance. or offense. b. The insurance provided to such additional (2) If a claim is made or"suit° is brought against Insured does not apply to: the additional insured: CG D2 48 0419 C 2018 The TraysNrs Indemnity company.All rights reserved. Page 1 of 2 64493260 121/22-oL/Au/UM8/Nc j Mana "h.re 110/11/2021 11:20:41 AM (POT) Pa9e 2 ass. This certificate cancels and supersedes ALL previously issued certificates. COMMERCIAL GENERAL LIABILITY (a) Immediately record the specifics of the (4) Tender the defense and Indemnity of any claim or"suit"and the date received;and claim or "suit' to any provider of other (b) Notify us as soon as practicable and see Insurance which would cover such additional to it that we receive written notice of the insured for a loss we cover. However, this claim or"suit"as soon as practicable. condition does not affect whether the (3) Immediately send us copies of all legal insurance provided to such additional papers received in connection with the claim b Is primary to other insurance available to such additional insured which or "suit", cooperate with us in the covers that person or organization as a investigation or settlement of the claim or named insured as described in Paragraph 4., defense against the "suit', and otherwise Other Insurance, of Section IV—Commercial comply with all policy conditions. General Liability Conditions. Page 2 of 2 C 2018 The Travelers tndemn@y Company.An rights reserved. CG D2 46 0419 6449320C 21/22-GL/AV/9M8/aC � Nana /I71te I is/11/2021 a 20:41 An lean I Page 3 of e This certificate cancels and auperaedes ALL previously issued certificates. DT22-CO-6S 124780-TCT-21 Superior Pavement Markings,Inc. COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. XTEND ENDORSEMENT FOR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE—This endorsement broadens coverage. However,coverage for any injury, damage or medical expenses described In any of the provisions of this endorsement may be excluded or Limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing Is a general coverage description only. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights,duties, and what is and is not covered. A. Who is An Insured—Unnamed Subsidiaries C. Incidental Medical Malpractice B. Blanket Additional Insured — Governmental D. Blanket Waiver Of Subrogation Entities — Permits Or Authorizations Relating To E. Contractual Liability—Railroads Operations F. Damage To Premises Rented To You PROVISIONS a. An organization other than a partnership,joint A. WHO IS AN INSURED — UNNAMED venture or limited liability company;or SUBSIDIARIES b. A trust; The following is added to SECTION II—WHO IS as Indicated in Its name or the documents that AN INSURED: govern its structure. Any of your subsidiaries, other than a partnership, B. BLANKET ADDITIONAL INSURED — joint venture or limited liability company, that is GOVERNMENTAL ENTITIES — PERMITS OR not shown as a Named Insured in the AUTHORIZATIONS RELATING TO OPERATIONS Declarations is a Named Insured If: a. You are the sole owner of, or maintain an The following Is added to SECTION U—WHO IS AN INSURED: ownership interest of more than 50% in,such subsidiary on the first day of the policy period; Any governmental entity that has issued a permit and or authorization with respect to operations performed by you or on your behalf and that you b. Such subsidiary is not an insured under are required by any ordinance, law, building code similar other insurance. or written contract or agreement to include as an No such subsidiary is an insured for"bodily injury" additional insured on this Coverage Part is an or"property damage" that occurred, or"personal insured, but only with respect to liability for"bodily and advertising injury" caused by an offense injury", "property damage" or "personal and committed: advertising injury"arising out of such operations. a. Before you maintained an ownership interest The insurance provided to such governmental of more than 50%in such subsidiary;or entity does not apply to: b. After the date, if any,during the policy period a. Any "bodily Injury, "property damage" or that you no longer maintain an ownership "personal and advertising injury"arising out of interest of more than 50%in such subsidiary. operations performed for the governmental For purposes of Paragraph 1. of Section II—Who entity;or Is An Insured, each such subsidiary will be b. Any "bodily Injury" or "property damage" deemed to be designated In the Declarations as: included in the "products-completed operations hazard". CG D3 16 02 19 O 2017 The Travelers Indemnity Company.Al rights reserved. Page 1 of 3 Includes copyrighted materiel of Insurance Services Office,Inc.,with Its permission. 64493260 2 2e2a-r L/AU/UMB/WC j N.a--;a W.'�ite l 10/11/3071 1120:41 AM (PDT) Faoe 4 of 8 This certificate cancels and supersedes ALL previously issued certificates. COMMERCIAL GENERAL LIABILITY C. INCIDENTAL MEDICAL MALPRACTICE pharmaceuticals committed by, or with the 1. The following replaces Paragraph b. of the knowledge or consent of,the Insured. definition of 'occurrene in the 5. The following is added to the DEFINITIONS DEFINITIONS Section: Section: b. An act or omission committed In providing "Incidental medical services"means: or failing to provide "incidental medical services", first aid or "Good Samaritan a. Medical,surgical,dental, laboratory,x-ray services" to a person, unless you are in or nursing service or treatment,advice or the business or occupation of providing instruction, or the related furnishing of professional health care services. food or beverages;or 2. The following replaces the last paragraph of b. The furnishing or dispensing of drugs or Paragraph 2.a.(1) of SECTION II —WHO IS medical, dental, or surgical supplies or AN INSURED: appliances. Unless you are in the business or occupation 6. The following Is added to Paragraph 4.b., of providing professional health care services, Excess Insurance, of SECTION IV — Paragraphs (1)(a), (b), (c) and (d) above do COMMERCIAL GENERAL LIABILITY not apply to "bodily injury arising out of CONDITIONS: providing or failing to provide: This insurance Is excess over any valid and (a) "Incidental medical services" by any of collectible other insurance, whether primary, your "employees" who is a nurse, nurse excess,contingent or on any other basis,that assistant, emergency medical technician is available to any of your "employees" for or paramedic;or "bodily injury' that arises out of providing or (b) First aid or"Good Samaritan services" by failing to provide"incidental medical services" any of your 'employees" or "volunteer to any person to the extent not subject to workers", other than an employed or Paragraph 2.a.(1) of Section Il — Who Is An volunteer doctor. Any such "employees" Insured. or"volunteer workers'providing or failing D. BLANKET WAIVER OF SUBROGATION to provide first aid or °Good Samaritan services" during their work hours for you The following is added to Paragraph Il., Transfer will be deemed to be acting within the Of Rights Of Recovery Against Others To Us, scope of their employment by you or of SECTION IV — COMMERCIAL GENERAL performing duties related to the conduct LIABILITY CONDmONs: of your business. If the Insured has agreed in a contract or 3. The following replaces the last sentence of agreement to waive that insured's right of Paragraph S. of SECTION Ill — LIMITS OF recovery against any person or organization, we INSURANCE: waive our right of recovery against such person or For the purposes of determining the organization, but only for payments we make applicable Each Occurrence Umit, all related because of: acts or omissions committed in providing or a. "Bodily injury" or 'property damage" that failing to provide "Incidental medical occurs;or services', first aid or "Good Samaritan b. "Personal and advertising to any one person vial be deemed to injury caused by be one"occurrencean offense that is committed; 4. The following exclusion is added to subsequent to the execution of the contract or Paragraph 2., Exclusions, of SECTION I — agreement. COVERAGES - COVERAGE A — BODILY E. CONTRACTUAL UABILITY—RAILROADS INJURY AND PROPERTY DAMAGE LIABILITY: 1. The following replaces Paragraph c. of the Sale Of Pharmaceuticals definition of Insured contract" in the "Bodily injury" or 'property damage" arising DEFINITIONS Section: out of the violation of a penal statute or c. Any easement or license agreement; ordinance relating to the sale of Page 2 of 3 O 2017 The Travelers Indemnity Company.An rights reserved. CG D3 16 0219 Incudes copyrighted material of Insurance Services Office,Inc.,arith ds permission. 64493260 21{22-Gu/AII/DIB/wC Mara white 110/11/2021 11:20:41 AM (PDT) I Page 5 of B This certificate cancels and supersedes ALL previously issued certificates. COMMERCIAL GENERAL LIABILITY 2. Paragraph f.(1) of the definition of "insured a. Any premises while rented to you or contract" in the DEFINITIONS Section Is temporarily occupied by you with permission deleted. of the owner,or F. DAMAGE TO PREMISES RENTED TO YOU b. The contents of any premises white such The following replaces the definition of'premises premises is rented to you, if you rent such damage"in the DEFINITIONS Section: premises for a period of seven or fewer "Premises damage"means"property damage"to: consecutive days. CO D3 16 0219 ©2017 The Travelers Indemnity Company.AO rights reserved. Page 3 of 3 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. 6999326) 21/22-GLJA[7/UM13/WC Mans White 110/11/2021 11:]0:41 A66 (PDT) I Paye 6 of 8 This cez ificate cancels and supersedes ALL previously issued certificates. Superior Pavement Markings,Inc. POUCY NUMBER:810-6S126005-21-26-G COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY WITH OTHER INSURANCE - CONTRACTORS This endorsement modifies Insurance provided under the following: BUSINESS AUTO COVERAGE FORM PROVISIONS 2. The following is added to Paragraph B.5., Other 1. The following is added to Paragraph c. In A.1., Insurance of SECTION IV — BUSINESS AUTO Who Is An Insured,of SECTION II—COVERED CONDITIONS: AUTOS LIABILITY COVERAGE: Regardless of the provisions of paragraph a.and This includes any person or organization who you paragraph d.of this part S.Other insurance,this are required under a written contract or insurance is primary to and non-contributory with agreement, that is signed by you before the applicable other insurance under which an °bodily injury' or "property damage" occurs and additional Insured person or organization is a that is In effect during the policy period.to name named insuredwh s a written contract or as an additional insured for Covered Autos agreement with you,that is signed by you before Liability Coverage,but only for damages to which the "bodily Injury" or "property damage" occurs this insurance applies and only to the extent of and that is in effect during the policy period, that person's or organization's liability for the requires this Insurance to be primary and non- conduct of another"Insured". contributory. CA T4 99 0216 b 2018 The Travelers Indemnity Company.All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office,Inc.with Its permission. 6449326C 121/22-GS/At/LIMB/WC Maria White � 10/11/2021 11:20:41 AM (PIT) I Page 7 of 8 This certificate cancels and supersedes ALL previously issued certificates. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 0410 C (Ed.01-19) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA BLANKET BASIS We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named In the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) The additional premium for this endorsement shall be calculated by applying a factor of 2%to the total manual premium,with a minimum Initial charge of$350, then applying all other pricing factors for the policy to this calculated charge to derive the final cost of this endorsement. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Blanket Waiver Person/Organization Blanket Waiver—Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. Job Description Waiver Premium(prior to adjustments) ents) All CA Operations This endorsement changes the policy to which it Is attached and is effective on the date issued unless otherwise stated. (The Information below Is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: 06/01/2021 Pota?NO.: SUWC247005 Endorsement No.: Insured:Superior Pavement Markings, Inc. Premium$ insurance Company. Cypress Insurance Company Cou rterslgned by (/ WC990410C (Ed.01-19) 84493280 21/22-GL/AU/11MB/WC I Kane White 110/11/2021 11:20:41 AM (PDT) I Pa e 8 of This certificate cancels and supersedes ALL previously issued certificates. * * * Bond# 7306248 PERFORMANCE BOND * The American Institute of Architects, * * AIA Document No.A312(December, 1984 Edition) * * * Any singular reference to Contractor,Surety,Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): OWNER(Name and Address): Superior Pavement Markings, Inc. City of Cathedral City 5312 Cypress Street 68700 Avenida Lalo Guerrero Cypress,CA 90630 Cathedral City,CA 92234 CONSTRUCTION CONTRACT SURETY(Name and Principal Place of Business): Old Republic Surety Company Date: 14728 Pipeline Avenue,Suite E Amount: S228.382 00 Chino Hills,CA 91709 Description(Name and Location): Pavement Striping.Markings and Markers BOND Date(Not earlier than Construction Contract Date):11/19/2021 Amount:S228.382-00 Modifications to this Bond: X None See Page 2 CONTRACTOR AS PRINCIPAL SURETY Company: orporate Seal) Company: (Corporate Sea)) 1 Superior Pavemerphet lrnm�s,-/lOld Republic Surety Compan �� Signature: '/ Signature: Name and Title:Dary4h V',' CFO Name and Title: Scott Salandi,Attomey-in-Fact (Any additional signatures appear on page 2.) (FOR INFORMATION Only-Name. Address and Telephone) OWNER'S REPRESENTATIVE(Architect. Engineer or other AGENT or BROKER: party): 1 The Contractor and the Surety,jointly and severally, bind them- 3.3 The Owner has agreed to pay the Balance of the Contract Price selves,their heirs.executors,administrators. successors and assigns to the Surety in accordance with the terms of the Construction to the Owner for the performance of the Construction Contract,which Contract or to a contractor selected to perform the Construction is incorporated herein by reference. Contract in accordance with the terms of the contract with the 2 If the Contractor performs the Construction Contract.the Surety and Owner. the Contractor shall have no obligation under this Bond,except to par- ticipate in conferences as provided in Subparagraph 3.1. 4 When the Owner has satisfied the conditions of Paragraph 3.the 3 If there is no Owner Default/the Surety's obligation under this Bond Surety shall promptly and at the Surety's expense take one of the following actions: shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its 4.1 Arrange for the Contractor with consent of the Owner,to address described in Paragraph 10 below that the Owner is con- perform and complete the Construction Contract; or sidering declaring a Contractor Default and has requested and 4.2 Undertake to perform and complete the Construction Contract attempted to arrange a conference with the Contractor and the itself,through its agents or through independent contractors;or Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. 4.3 Obtain bids or negotiated proposals from qualified contractors If the Owner,the Contractor and the Surety agree,the Contractor acceptable to the Owner for a contract for performance and com- shall be allowed a reasonable time to perform the Construction Con- pletion of the Construction Contract,arrange for a contract to be tract,but such an agreement shall not waive the Owner's right,if prepared for execution by the Owner and the contractor selected any,subsequently to declare a Contractor Default;and with the Owner's concurrence.to be secured with performance 3.2 The Owner has declared a Contractor Default and formally and payment bonds executed by a qualified surety equivalent to terminated the Contractor's right to complete the contract. Such the bonds issued on the Construction Contract, and pay to the Contractor Default shall not be declared earlier than twenty days Owner the amount of damages as described in Paragraph 6 in after the Contractor and Surety have received notice as provided excess of the Balance of the Contract Price incurred by the Owner in Subparagraph 3.1;and resulting from the Contractor's default;or ORSC 22119(10-93) Page 1 of 2 5 If a notice required by Paragraph 4 is given by the Owner to the Con- Paragraph are void or prohibited by law,the minimum period of limi- tractor or to the Surety,that is sufficient compliance. tation available to sureties as a defense in the jurisdiction of the suit 6 When the Claimant has satisfied the conditions of Paragraph 4,the shall be applicable. Surety shall promptly and at the Surety's expense take the following 12 Notice to the Surety,the Owner or the Contractor shall be mailed actions: or delivered to the address shown on the signature page. Actual 6.1 Send an answer to the Claimant,with a copy to the Owner, receipt of notice by Surety,the Owner or the Contractor, however within 45 days after receipt of the claim, stating the amounts that accomplished, shall be sufficient compliance as of the date received are undisputed and the basis for challenging any amounts that are at the address shown on the signature page. disputed. 13 When this Bond has been furnished to comply with a statutory or 6.2 Pay or arrange for payment of any undisputed amounts. other legal requirement in the location where the construction was 7 The Surety's total obligation shall not exceed the amount of this to be performed,any provision in this Bond conflicting with said statu- Bond, and the amount of this Bond shall be credited for any payments tory or legal requirement shall be deemed deleted herefrom and made in good faith by the Surety. provisions conforming to such statutory or other legal requirement 8 Amounts owed by the Owner to the Contractor under the Construc- shall be deemed incorporated herein.The intent is that this Bond shall tion Contract shall be used for the performance of the Construction be construed as a statutory bond and not as a common law bond. Contract and to satisfy claims. if any, under any Construction Perfor- 14 Upon request by any person or entity appearing to be a potential mance Bond. By the Contractor furnishing and the Owner accepting beneficiary of this Bond,the Contractor shall promptly furnish a copy this Bond,they agree that all funds earned by the Contractor in the of this Bond or shall permit a copy to be made. performance of the Construction Contract are dedicated to satisfy Y obli- 15 DEFINITIONS gations of the Contractor and the Surety under this Bond, subject to 15.1 Claimant:An individual or entity having a direct contract with the Owner's priority to use the funds for the completion of the work. the Contractor or with a subcontractor of the Contractor to furnish 9 The Surety shall not be liable to the Owner, Claimants or others for labor, materials or equipment for use in the performance of the obligations of the Contractor that are unrelated to the Construction Contract.The intent of this Bond shall be to include without limi- Contract.The Owner shall not be liable for payment of any costs or tation in the terms"labor, materials or equipment"that part of expenses of any Claimant under this Bond, and shall have under this water,gas, power, light, heat,oil,gasoline,telephone service or Bond no obligation to make payments to,give notices on behalf of, rental equipment used in the Construction Contract, architectural or otherwise have obligations to Claimants under this Bond. and engineering services required for performance of the work of 10 The Surety hereby waives notice of any change.including changes the Contractor and the Contractor's subcontractors, and all other of time,to the Construction Contract or to related subcontracts, pur- items for which a mechanic's lien may be asserted in the jurisdic- chase orders and other obligations. tion where the labor, materials or equipment were furnished. 11 No suit or action shall be commenced by a Claimant under this 15.2 Construction Contract:The agreement between the Owner Bond other than in a court of competent jurisdiction in the location and the Contractor identified on the signature page,including all in which the work or part of the work is located or after the expiration Contract Documents and changes thereto. of one year from the date (1)on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3.or(2)on which the last 15.3 Owner Default: Failure of the Owner,which has neither been labor or service was performed by anyone or the last materials or remedied nor waived.to pay the Contractor as required by the Con- equipment were furnished by anyone under the Construction Con- struction Contract or to perform and complete or comply with the tract,whichever of(1)or(2)first occurs. If the provisions of this other terms thereof. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties,other than those appearing on the cover page.) (Corporate Seal) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: Signature: Signature: Name and Title: Name and Title: Address: Address: Page 2 of 2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On /V1n-em 4._ q /?,712-/ before me, Annette Lisa Romero, a Notary Public (insert name and title of the officer) personally appeared Scott Salandi, Attorney-in-Fact 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/g teiktey executed the same in his/hex/their authorized capacity(ieet), and that by his/hex/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. ANNETTE LISA ROMERO IE WITNESS my hand and official seal. •SICOMM.#2244076 2 NOTARY PUBLIC CALIFORNIA o / 3 czo ORANGE COUNTY IN) 'l My comm.expires May.26,2022 it Signature zi (Seal) l _ * * * * * Bond# 7306248 ( * * PAYMENT BOND * The American Institute of Architects.AIA Document No. A312 * ** (December. 1984 Edition).Any singular reference to Contractor.Surety. * * Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY(Name and Principal Place of Business): Superior Pavement Markings, Inc_ Old Republic Surety Company 5312 Cypress Street Cypress,CA 90630 14728 Pipeline Avenue Suite E Chino Hills,CA 91709 OWNER(Name and Address): City of Cathedral City 68700 Avenida Lalo Guerrerro Cathedral City, CA 92234 CONSTRUCTION CONTRACT Date: Amount: $228,382.00 Description(Name and Location): Pavement Striping,Markings and Markers BOND Date(Not earlier than Construction Contract Date): 11/19/2021 Amount:$228,382.00 Modifications to this Bond: None ❑ See Page 2 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Superior Pavement Markings,Inc. Old Republic Surety Company Signature: Signature: Name and Title:VOlYVier\ e f ry Name and Title: Scott Salandi,Attorney-in-Fact (Any additional signatures appear on page 2.) (FOR INFORMATION ONLY—Name, Address and Telephone) OWNER'S REPRESENTATIVE(Architect. Engineer or other AGENT or BROKER: party): 1 The Contractor and the Surety,jointly and severally, bind them- 4.1 Claimants who are employed by or have a direct contract with the selves,their heirs,executors, administrators. successors and assigns Contractor have given notice to the Surety(at the address described to the Owner to pay for labor, materials and equipment furnished for in Paragraph 12)and sent a copy.or notice thereof,to the Owner, use in the performance of the Construction Contract,which is incor- stating that a claim is being made under this Bond and. with sub- porated herein by reference. stantial accuracy,the amount of the claim. 2 With respect to the Owner, this obligation shall be null and void if 4.2 Claimants who do not have a direct contract with the Contractor: the Contractor: .1 Have furnished written notice to the Contractor and sent a copy. 2.1 Promptly makes payment,directly or indirectly.for all sums due or notice thereof,to the Owner,within 90 days after having last Claimants,and performed labor or last furnished materials or equipment included 2.2 Defends, indemnifies and holds harmless the Owner from in the claim stating.with substantial accuracy,the amount of the claims, demands, liens or suits by any person or entity whose claim and the name of the party to whom the materials were fur- claim,demand,lien or suit is for the payment for labor,materials nished or supplied or for whom the labor was done or performed; or equipment furnished for use in the performance of the Construc- and tion Contract. provided the Owner has promptly notified the Con- .2 Have either received a rejection in whole or in part from the Con- tractor and the Surety(at the address described in Paragraph 12) tractor.or not received within 30 days of furnishing the above notice of any claims:demands. liens or suits and tendered defense of any communication from the Contractor by which the Contractor such claims, demands, liens or suits to the Contractor and the has indicated the claim will be paid directly or indirectly; and Surety,and provided there is no Owner Default. .3 Not having been paid within the above 30 days, have sent a 3 With respect to Claimants.this obligation shall be null and void if written notice to the Surety(at the address described in Paragraph the Contractor promptly makes payment, directly or indirectly,for all 12)and sent a copy.or notice thereof,to the Owner.stating that sums due. a claim is being made under this Bond and enclosing a copy of 4 The Surety shall have no obligation to Claimants under this Bond until: the previous written notice furnished to the Contractor. ORIC 22114(7-93) Page 1 of 2 4.4 Waive its right to perform and complete. arrange for completion, accrue on this Bond to any person or entity other than the Owner or Or obtain a new contractor and with reasonable promptness under its heirs, executors, administrators or successors. the circumstances: 8 The Surety hereby waives notice of any change, including changes .1 After investigation,determine the amount for which it may of time, to the Construction Contract or to related subcontracts, be liable to the Owner and, as soon as practicable after purchase orders and other obligations. the amount is determined,tender payment therefor to the 9 Any proceeding, legal or equitable, under this Bond may be Owner;or instituted in any court of competent jurisdiction in the location in which .2 Deny liability in whole or in part and notify the Owner citing the work or part of the work is located and shall be instituted within reasons therefor. two years after Contractor Default or within two years after the Con- 5 If the Surety does not proceed as provided in Paragraph 4 with tractor ceased working or within two years after the Surety refuses reasonable promptness,the Surety shall be deemed to be in default or fails to perform its obligations under this Bond,whichever occurs first. If the provisions of this Paragraph are void or prohibited by law. on this Bond fifteen days after receipt of an additional written notice the minimum period of limitation available to sureties as a defense from the Owner to the Surety demanding that the Surety perform its Obligations under this Bond.and the Owner shall be entitled to enforce in the jurisdiction of the suit shall be applicable. any remedy available to the Owner. If the Surety proceeds as provided 10 Notice to the Surety,the Owner or the Contractor shall be mailed in Subparagraph 4.4,and the Owner refuses the payment tendered or delivered to the address shown on the signature page. or the Surety has denied liability,in whole or in part,without further 11 When this Bond has been furnished to comply with a statutory or notice the Owner shall be entitled to enforce any remedy available other legal requirement in the location where the construction was to the Owner. to be performed.any provision in this Bond conflicting with said statu- 6 After the Owner has terminated the Contractor's right to complete tory or legal requirement shall be deemed deleted herefrom and the Construction Contract, and if the Surety elects to act under provisions conforming to such statutory or other legal requirement Subparagraph 4.1, 4.2. or 4.3 above. then the responsibilities of the shall be deemed incorporated herein.The intent is that this Bond shall Surety to the Owner shall not be greater than those of the Contractor be construed as a statutory bond and not as a common law bond. under the Construction Contract,and the responsibilities of the Owner 12 DEFINITIONS to the Surety shall not be greater than those of the Owner under the 12.1 Balance of the Contract Price The total amount payable by Construction Contract.To the limit of the amount of this Bond,but the Owner to the Contractor under the Construction Contract after subject to commitment by the Owner of the Balance of the Contract all proper adjustments have been made, including allowance to Price to mitigation of costs and damages on the Construction the Contractor of any amounts received or to be received by the Contract,the Surety is obligated without duplication for: Owner in settlement of insurance or other claims for damages to 6.1 The responsibilities of the Contractor for correction of defec- which the Contractor is entitled, reduced by all valid and proper five work and completion of the Construction Contract; payments made to or on behalf of the Contractor under the Construction Contract. 6.2 Additional legal design professional and delay costs resulting 12.2 Construction Contract The agreement between the Owner from the Contractor's Default, and resulting from the actions or and the Contractor identified on the signature page,including all failure to act of the Surety under Paragraph 4:and Contract Documents and changes thereto. 6.3 Liquidated damages, or if no liquidated damages are speci- 12.3 Contractor Default:Failure of the Contractor,which has neither fled in the Construction Contract. actual damages caused by been remedied nor waived,to perform or otherwise to comply with delayed performance or non-performance of the Contractor. the terms of the Construction Contract. 7 The Surety shall not be liable to the Owner or others for obligations 12.4 Owner Default: Failure of the Owner,which has neither been of the Contractor that are unrelated to the Construction Contract and remedied nor waived,to pay the Contractor as required by the the Balance of the Contract Price shall not be reduced or set off on Construction Contract or to perform and complete or comply with account of any such unrelated obligations. No right of action shall the other terms thereof. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL (Corporate Seal) SURETY (Corporate Seal) Company: Company: Address: Address: Name and Title: Name and Title: Signature: Signature: ORSC 22119(10-93) Page 2 of 2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange ) On N 7.-t r„Lei (le 7-014 before me, Annette Lisa Romero, a Notary Public (insert name and title of the officer) personally appeared Scott Salandi, Attorney-in-Fact who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ate subscribed to the within instrument and acknowledged to me that he/%btektnaay executed the same in his/btex/tbteir authorized capacity(iee), and that by his/baex/tbteit signature(%) 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. 11 ... ANNETTE LISA ROMERO IE WITNESS my hand and official seal. COMM.#2244076 2' ,' NOTARY PUBLIC CALIFORNIA o ��1!i, ORANGE COUNTY ro ,/ 1l My comm.expires May.26,2022 It Signature /y (Seal) J ** ** * * * OLD REPUBLIC SURETY COMPANY *****-- POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY,a Wisconsin stock insurance corporation,does make,constitute and appoint: SCOTT SALANDI,DAVID JACOBSON,OF IRVINE,CA its true and lawful Attomey(s)-in-Fact,with full power and authority, for and on behalf of the company as surety,to execute and deliverand affix the seal of the company thereto(if a seal is required),bonds,undertakings,recognizances or other written obligations in the nature thereof, (other than bail bonds,bank depository bonds,mortgage deficiency bonds,mortgage guaranty bonds,guarantees of installment paper and note guaranty bonds,self-insurance workers compensation bonds guaranteeing payment of benefits or black lung bonds), as follows: ALL WRITTEN INSTRUMENTS and to bind OLD REPUBLIC SURETY COMPANY thereby,and all of the acts of said Attorneys-in-Fact,pursuant to these presents,are ratified and confirmed. This appointment is made under and by authority of the board of directors at a special meeting held on February 18,1982. This Power of Attorney is signed and sealed byfacsimile ac a under and by the authority of the following resolutions adopted by the board of directors of the OLD REPUBLIC SURETY COMPANY on February 18,1982. RESOLVED that,the president,any vice-president,or assistant vice president,in conjunction with the secretary or any assistant secretary,may appoint attorneys-in-fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case,for and on behalf of the company to execute and deliver and affix the seal of the company to bonds,undertakings,recognizances,and suretyship obligations of all kinds;and said officers may remove any such attorney-in-fact or agent and revoke any Power of Attorney previously granted to such person. RESOLVED FURTHER,that any bond,undertaking,recognizance,or suretyship obligation shall be valid and binding upon the Company (i)when signed by the president,any vice president or assistant vice president,and attested and sealed(if a seal be required)by any secretary or assistant secretary;or (ii)when signed by the president,any vice president or assistant vice president,secretary or assistant secretary,and countersigned andsealed(if a seal be required)by a duly authorized attorney-in-fact or agent;or (iii)when duly executed and sealed(if a seal be required)by one or more attorneys-in-fact or agents pursuant to and within the limits ofthe authority evidenced by the Power of Attorney issued by the company to such person or persons. RESOLVED FURTHER,that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or certification there of authorizing the execution and delivery of any bond,undertaking,recognizance,or other suretyship obligations of the company; and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF,OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer,and its corporate seal to be affixed this 5TH day of NOVEMBER,2021. OLD REPUBLIC SURETY COMPANY 104.4". '' .frz w e00.rd', Assistant Secretary SEAL fj STATE OF WISCONSIN,COUNTY OF WAUKESHA-SS „ President On this 5TH day of NOVEMBER,2021 ,personally came before me, Alan Pavlic and Karen J Haffner ,to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY who executed the above instrument,and they each acknowledged the execution of the same,and being by me duly sworn,did severally depose and say; that they are the said officers of the corporation aforesaid,and that the seal affixed to the above instrument is the seal of the corporation,and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation. 1— Notary Public tits.` My commission expires: 9/28/2022 CERTIFICATE (Expiration of notary commission does not invalidate this instrument) I,the undersigned,assistant secretary of the OLD REPUBLIC SURETY COMPANY,a Wisconsin corporation,CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked;and furthermore,that the Resolutions of the board of directors set forth in the Power of Attorney,are now in force. 74-0043 sua,, Signed and sealed at the Cityof Brookfield,WI this /9' dayZ� �r`> g of/(,��lr-�toe - nQ< 9S&AL g -c' . Assistant Secretary PATRIOT RISK&INS SERV LLC 22851-W POAORS 102020