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HomeMy WebLinkAboutContract - 10/11/2023 - 2034 Contract No. City Clerk Review 2 14, Risk Managemcnt Ree" iw SECTION 1300 Scanned AGREEMENT THIS CONTRACT, by and between the CITY OF CATHEDRAL CITY, a municipal corporation, herein referred to as "City", an CHRISP COMPANY, herein referred to as, "Contractor." WITNESSETH: In consideration of their mutual covenants, the parties hereto agree as follows: 1. Contractor shall furnish all necessary labor, material, equipment, transportation and services for EAST PALM CANYON DRIVE (HIGHWAY 111) BIKE LANE PROJECT BID NO. B24-48E CITY PROJECT NO. C08504, (the "Work"), in the City of Cathedral City, California. The Work shall be done in strict conformity with this Contract, approved Change Orders, the Invitation to Bid dated August 10, 2023, Instruction to Bidders, permits issued by the City or other agencies, the General and Specific Project Requirements, Standard Specifications, Plans, Referenced Specifications, the General Conditions, Supplementary Conditions, the Contractor's Bid dated August 31, 2023, and any addenda thereto (the "Contract Documents"), all of which shall be considered a part hereof as though fully set herein. 2. Contractor will comply with all Federal, State, County, and City of Cathedral City laws, regulations, and policies, which are, as amended from time to time, incorporated herein by reference. 3. All work shall be done in a workman-like manner and to the satisfaction of the City Engineer. 4. Time is of the essence in the Contractor's performance of the Work for this Contract. The contractor agrees to diligently pursue the performance and completion of the Work in every detail to the satisfaction of the City. The contractor shall commence work after the issuance of a written Notice to Proceed and agrees to have all work completed within Thirty (30) working days from the date of Notification to Proceed. 5. In consideration of said work, City agrees to pay Contractor such sums as shall be approved by the City Engineer at lump sums and/or unit prices stated in the Contractor's Bid. The total consideration to Contractor for all Work shall not exceed Two Hundred Thousand Thirty-Seven Eight Hundred Forty Dollars ($237,840). All payments shall be subject to approval by the City Engineer and shall be in accordance with the terms, conditions, and procedures provided in the Contract Documents. 6. The Contractor shall not knowingly pay less than the general prevailing rate for per diem wages, as determined by the State of California Department of Industrial Relations and referred to in the Invitation to Bid, to any workman employed for the work to be performed under this contract; and the Contractor shall forfeit as a penalty to the City the sum of Twenty-Five Dollars ($25.00) for each calendar day, or fraction thereof, for such workman paid by him or by any subcontractor under him in violation of this provision (Sections 1770-1777, Labor Code of California). Agreement 1300-1 7. Concurrently with the execution of this Contract, Contractor shall furnish bonds of a surety satisfactory to City, as provided in the Contract Documents, the cost of which shall be paid by Contractor. 8. Contractor agrees to indemnify, hold harmless, release and defend (even if the allegations are false, fraudulent or groundless), to the maximum extent permitted by law, the City, its City Council and each member thereof, and its officers, employees, commission members and representatives, from any and all liability, loss, suits, claims, damages, costs, judgments and expenses (including attorney's fees and costs of litigation) which in whole or in part are claimed to result from or to arise out of the usage or operation, including the malfunctioning of, or, any injury caused by, any product purchased herein; or any acts, errors or omissions (including, without limitation, professional negligence) of Contractor, its employees, representatives, subcontractors, or agents in connection with the performance of this Contract. This agreement to indemnify includes, but is not limited to, personal injury (including death at any time) and damage to property (including, but without limitation, contract or tort or patent, copyright, trade secret or trademark infringement) sustained by any person or persons (including, but not limited to, companies, or corporations, Contractor and its employees or agents, and members of the general public. 9. Except as otherwise required, Contractor shall concurrently with the execution of this Contract, furnish the City satisfactory evidence of insurance of the kinds and in the amounts provided in the Contract Documents. This insurance shall be kept in full force and effect by Contractor during this entire contract and all premiums thereon shall be promptly paid by it. Each policy shall further state that it cannot be canceled without 30 days unconditional written notice to the City and shall name the City as an additional insured. The Contractor shall furnish evidence of having in effect, and shall maintain Workers Compensation Insurance coverage of not less than the statutory amount or otherwise show a certificate of self-insurance, in accordance with the Workers Compensation laws of the State of California. Failure to maintain the required amounts and types of coverage throughout the duration of this Contract shall constitute a material breach of this Contract. 10. Contractor shall forfeit as a penalty to City $25.00 for each laborer, workman, or mechanic employed in the execution of this Contract by said Contractor, or any subcontractor under it, upon any of the work herein mentioned, for each calendar day during which such laborer, workman, or mechanic is required or permitted to work at other than a rate of pay provided by law for more than 8 hours in any one calendar day and 40 hours in any one calendar week, in violation of the provisions of Sections 1810-1815 of the Labor Code of the State of California. 11. In accepting this Contract, Contractor certifies that in the conduct of its business it does not deny the right of any individual to seek, obtain and hold employment without discrimination because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status as provided in the California Fair Employment Practice Act (Government Code Sections 12900, et seq.) Contractor agrees that a finding by the State Fair Employment Practices Commission that Contractor has engaged during the term of this Contract in any unlawful employment practice shall be deemed a breach of this Contract Agreement 1300-2 and Contractor shall pay to City $500.00 liquidated damages for each such breach committed under this contract. 12. Contractor also agrees that for contracts in excess of$30,000 that apprentices will be employed without discrimination in an approved program in a ratio established in the apprenticeship standards of the craft involved (Sections 1777.5 and 1777.6, Labor Code of California). Contractors who willfully fail to comply will be denied the right to bid on public projects for a period of six months in addition to other penalties provided by law. 13. Contractor shall maintain and keep books and records on a current basis, recording all transactions pertaining to this agreement in a form in accordance with generally acceptable accounting principles. Said books and records shall be made available to the County, the State of California, the Federal government, and to any authorized representative thereof for the purposes of audit at all reasonable times and places. All such books and records shall be retained for such periods of time as required by law, provided, however, notwithstanding any shorter periods of retention, all books, records, and supporting detail shall be retained for a period of at least four(4) years after the expiration of the term of this Agreement. 14. This Contract shall not be assignable by Contractor without the written consent of City. 15. Contractor shall notify the City Engineer(in writing) forthwith when the Contract is deemed completed. 16. In accepting this Contract, Contractor certifies that no member or officer of the firm or corporation is an officer or employee of the City except to the extent permitted by law. 17. Contractor certifies that it is the holder of any necessary California State Contractor's License and authorized to undertake the Work. The Contractor must, at the Contractor's sole expense, obtain all necessary permits and licenses required for the Work, give all necessary notices and pay all fees and taxes required by law, including without limitation, any business license tax imposed by City. The Contractor represents and declares to Agency that it has all licenses, permits ,qualifications, and approvals of whatever nature which are legally required to practice its professions. 18. The City, or its authorized auditors or representatives, shall have access to and the right to audit and reproduce any of the Contractor records to the extent the City deems necessary to insure it is receiving all money to which it is entitled under the contract and/or is paying only the amounts to which Contractor is properly entitled under the Contract or for other purposes relating to the Contract. 19. The Contractor shall maintain and preserve all such records for a period of at least three years after termination of the contract. 20. The Contractor shall maintain all such records in the City of Cathedral City. If not, the Contractor shall, upon request, promptly deliver the records to the City or reimburse the City for all reasonable and extra costs incurred in conducting the audit at a location other than at City offices including, but not limited to, such additional (out of the City) expenses for personnel, salaries, private auditors, travel, lodging, meals and overhead. Agreement 1300-3 21. In entering into this Contract or a contract with a subcontractor to supply goods, services, or materials pursuant to this Contract, Contractor and any or subcontractor are deemed to have offered and agreed to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.0 Sec. 15) or under the Cartwright Act(Chapter 2, commencing with Section 16700 of Part 2 of Division 7 of the California Business and Professions Code), arising from purchases of goods, services, or materials for the Contract. This assignment will be deemed made and will be come effective at the time City tenders final payment to Contractor, without further acknowledgement by the Parties. Agreement 1300-4 IN !TRESS HEREOF, the parties i below.dates stated "CITY" CITY, a California i i corporation ;7( ; i °`I';; ' _ .. ,- . Dated: Charles P, McClendon, City Manager ATTEST: , ,4.. /U , t 10 1 -)C2,2› Tracey . t r o'ill , CMC, CityClerk APPROVED AS TO FO- : Dated: -- Eric S. Vail, City Attorney "CONT Dated: ,, / Name: . . C;S. Title: g ke t. umt ,, v c Name Tide: .r ? , .. . ® . Pc `, * . SIGNATURES[CONTRACTOR I . IF CONTRACT IS A CORPORATIONI I LIABILITY I PROVIDED] Agreement 130 -5 CALIF© NIA ALL.PURPOSE ACK. 0''T x LEDG D ENT State of California County of Alameda on. 10/26/23 before roe, NakistaQutales- Notary Public Cl#x e FfiaruI Msert Plasnui tired Tale of the C We.ter personally appeared ._-_-- David L. Morris Executive Vice President of ulRnerss) who proved to me on the basis of satisfactory evidence to be the persons) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. C IIIIHlHhHIIIIIIIIIIIIIIIIIIIIIIIIIHNIIIIIIIIIIHIIIIIIIIIIIIIIIIIIIIIIIIIIIIHHN NAKISTA QUTALES _ I certify under PENALTY OF PERJURY under the laws com M.#2462899 A of the State of California that the foregoing paragraph is Y NOTAR PU613C-CALIFORNIA ALAMEDA COUNTY true and correct. My Comm.Exp.Sept 24,2027 - rim momommommommumummummuoufflomoonoxi WITNESS my hand and official seal. Signature_,.1s,,„)0.1.46 Place Ns?:ary Seal Above 5,7 nro v1 Mn soy PuijN7 OPTIONAL Though Me inforrrration below is not re nfrfred by law, it may prove vatlrnbie to persons retying on the document and could prevent fraudulent removal and reattachment of This farm to another document, Description of Attached Document Title or Type of Document. (Document Date. Number of Pages; Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: _--- ..... Signer's Name: Individual Individual Corporate Officer c-Title(s)° Corporate Officer..---Title(s)o Partner- ": Limited El General ; Partner r_a Limitedi._ General FiFGHT?HU1ti7 fttNTRIGHTTHRI Attorney in Part OF SOWER Attorney in Fact OFSIGNER Trusteeoaoffl rt _e_ rpprfHu-t ho,C, Trustee Guardian or Conservator Guardian or Conservator Other Other. Signer is Representing: Signer is Representing: .. -1 "-c. "'^k't;xa':' `.v -.i. '�.` °.{; ,.i-�. t>��;r�Zti:z ', +ra `,"r,o-. XN-^�.^t-t,'�,rG. ..^c 'S� '+' ..'.t;. 'J%200'N1.7t,ormi ItVse.ri Aso c Lc 1 93t:70 tk Soto Ave,PTIERsx 2402.Chatswore,CA 9'i 3It.t 51,4d12+awew.hAatisnaiNctity y ett $5907 Raarc c ,rtbil-Hee 1,C )- 76-- 27 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT -= • ax' "cc � Y State of California County of Alameda on 1 0 2 3 before me, Nakista Quiales - Notary Public. Gate Hu,,Irmert Name sod Ti1r;,i the Officer personally appeared Roger Weisbrod Vice President K:a o),cl Stip rrfst who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. la1111111N111I111111111i11111I11111111111111u111111IIIIIIIIIIIIIIINIBN1111II1111111r NAKISTA QUTALES y4 r COMM.#2462899 I certify under PENALTY OF PERJURY under the laws NOTARYCALIFORNIA T of the State of California that the foregoing paragraph is ^, MEDA awMEta COUNTY My Comm.Exp.Sept 24,2027 = true and correct. U linilmulinnuuunn inllnaninnilnmauuununrnnnillmnlltl nI 13 WITNESS my hand and official seal. Signature Race Notary Seal Above t're of Notary Puii4. OPTIONAL Though the information below is nor required by law, It may prove valuable to persons relying on the document and could prevent fratiidulenf removal and reattachment of thin:form to another document. Description of Attached Document Title or Type of Document:._ Document Date: Number of Pages:,. Signer(s)Other Than Named Above. Capacity(ies) Claimed by Signer(s) Signer's Name: ,._.._ Signer's Name: Individual [:) individual Corporate Officer—Title(s): _-- [3 Corporate Officer------Title(s)o Partner. -U Limited two General F€ Partner--Li Limited 0 General RIGHT I11J P TINT IGHT°Th1U ISPRIN1" Attorney in tat SIGNER . ".LI Attorney in Fact 13FswieFt To ii thumb here ;,of tt rn.t,here Trustee Trustee e Guardian or Conservator (_7 Guardian or Conservator Other: ._,,,.. .. j L.1 tither:. Signer Is Representing: 1 Signer Is Representing: . G9 n7 National Notary AssociaLon•9350 De SoloA�e P,O.Box 34 2•Cbalstnnrth,CA 9131 -2402•m.'talionxI 4o ary,ccs Item 45307 Reorder:Ca:"Sul-Free I OO-876-6327 SECTION 1300 AGREEMENT THIS CONTRACT, by and between the CITY OF CATHEDRAL CITY, a municipal corporation, herein referred to as "City", an CHRISP COMPANY, herein referred to as, "Contractor." WITNESSETH: In consideration of their mutual covenants, the parties hereto agree as follows: 1. Contractor shall furnish all necessary labor, material, equipment, transportation and services for EAST PALM CANYON DRIVE (HIGHWAY 111) BIKE LANE PROJECT BID NO. B24-48E CITY PROJECT NO. C08504, (the "Work"), in the City of Cathedral City, California. The Work shall be done in strict conformity with this Contract, approved Change Orders, the Invitation to Bid dated August 10, 2023, Instruction to Bidders, permits issued by the City or other agencies, the General and Specific Project Requirements, Standard Specifications, Plans, Referenced Specifications, the General Conditions, Supplementary Conditions, the Contractor's Bid dated August 31, 2023, and any addenda thereto (the "Contract Documents"), all of which shall be considered a part hereof as though fully set herein. 2. Contractor will comply with all Federal, State, County, and City of Cathedral City laws, regulations, and policies, which are, as amended from time to time, incorporated herein by reference. 3. All work shall be done in a workman-like manner and to the satisfaction of the City Engineer. 4. Time is of the essence in the Contractor's performance of the Work for this Contract. The contractor agrees to diligently pursue the performance and completion of the Work in every detail to the satisfaction of the City. The contractor shall commence work after the issuance of a written Notice to Proceed and agrees to have all work completed within Thirty (30) working days from the date of Notification to Proceed. 5. In consideration of said work, City agrees to pay Contractor such sums as shall be approved by the City Engineer at lump sums and/or unit prices stated in the Contractor's Bid. The total consideration to Contractor for all Work shall not exceed Two Hundred Thousand Thirty-Seven Eight Hundred Forty Dollars ($237,840). All payments shall be subject to approval by the City Engineer and shall be in accordance with the terms, conditions, and procedures provided in the Contract Documents. 6. The Contractor shall not knowingly pay less than the general prevailing rate for per diem wages, as determined by the State of California Department of Industrial Relations and referred to in the Invitation to Bid, to any workman employed for the work to be performed under this contract; and the Contractor shall forfeit as a penalty to the City the sum of Twenty-Five Dollars ($25.00) for each calendar day, or fraction thereof, for such workman paid by him or by any subcontractor under him in violation of this provision (Sections 1770-1777, Labor Code of California). Agreement 1300-1 7. Concurrently with the execution of this Contract, Contractor shall furnish bonds of a surety satisfactory to City, as provided in the Contract Documents, the cost of which shall be paid by Contractor. 8. Contractor agrees to indemnify, hold harmless, release and defend (even if the allegations are false, fraudulent or groundless), to the maximum extent permitted by law, the City, its City Council and each member thereof, and its officers, employees, commission members and representatives, from any and all liability, loss, suits, claims, damages, costs, judgments and expenses (including attorney's fees and costs of litigation) which in whole or in part are claimed to result from or to arise out of the usage or operation, including the malfunctioning of, or, any injury caused by, any product purchased herein; or any acts, errors or omissions (including, without limitation, professional negligence) of Contractor, its employees, representatives, subcontractors, or agents in connection with the performance of this Contract. This agreement to indemnify includes, but is not limited to, personal injury (including death at any time) and damage to property (including, but without limitation, contract or tort or patent, copyright, trade secret or trademark infringement) sustained by any person or persons (including, but not limited to, companies, or corporations, Contractor and its employees or agents, and members of the general public. 9. Except as otherwise required, Contractor shall concurrently with the execution of this Contract, furnish the City satisfactory evidence of insurance of the kinds and in the amounts provided in the Contract Documents. This insurance shall be kept in full force and effect by Contractor during this entire contract and all premiums thereon shall be promptly paid by it. Each policy shall further state that it cannot be canceled without 30 days unconditional written notice to the City and shall name the City as an additional insured. The Contractor shall furnish evidence of having in effect, and shall maintain Workers Compensation Insurance coverage of not less than the statutory amount or otherwise show a certificate of self-insurance, in accordance with the Workers Compensation laws of the State of California. Failure to maintain the required amounts and types of coverage throughout the duration of this Contract shall constitute a material breach of this Contract. 10. Contractor shall forfeit as a penalty to City $25.00 for each laborer, workman, or mechanic employed in the execution of this Contract by said Contractor, or any subcontractor under it, upon any of the work herein mentioned, for each calendar day during which such laborer,workman, or mechanic is required or permitted to work at other than a rate of pay provided by law for more than 8 hours in any one calendar day and 40 hours in any one calendar week, in violation of the provisions of Sections 1810-1815 of the Labor Code of the State of California. 11. In accepting this Contract, Contractor certifies that in the conduct of its business it does not deny the right of any individual to seek, obtain and hold employment without discrimination because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status as provided in the California Fair Employment Practice Act (Government Code Sections 12900, et seq.) Contractor agrees that a finding by the State Fair Employment Practices Commission that Contractor has engaged during the term of this Contract in any unlawful employment practice shall be deemed a breach of this Contract Agreement 1300-2 and Contractor shall pay to City $500.00 liquidated damages for each such breach committed under this contract. 12. Contractor also agrees that for contracts in excess of$30,000 that apprentices will be employed without discrimination in an approved program in a ratio established in the apprenticeship standards of the craft involved (Sections 1777.5 and 1777.6, Labor Code of California). Contractors who willfully fail to comply will be denied the right to bid on public projects for a period of six months in addition to other penalties provided by law. 13. Contractor shall maintain and keep books and records on a current basis, recording all transactions pertaining to this agreement in a form in accordance with generally acceptable accounting principles. Said books and records shall be made available to the County, the State of California, the Federal government, and to any authorized representative thereof for the purposes of audit at all reasonable times and places. All such books and records shall be retained for such periods of time as required by law, provided, however, notwithstanding any shorter periods of retention, all books, records, and supporting detail shall be retained for a period of at least four(4) years after the expiration of the term of this Agreement. 14. This Contract shall not be assignable by Contractor without the written consent of City. 15. Contractor shall notify the City Engineer (in writing) forthwith when the Contract is deemed completed. 16. In accepting this Contract, Contractor certifies that no member or officer of the firm or corporation is an officer or employee of the City except to the extent permitted by law. 17. Contractor certifies that it is the holder of any necessary California State Contractor's License and authorized to undertake the Work. The Contractor must, at the Contractor's sole expense, obtain all necessary permits and licenses required for the Work, give all necessary notices and pay all fees and taxes required by law, including without limitation, any business license tax imposed by City. The Contractor represents and declares to Agency that it has all licenses, permits ,qualifications, and approvals of whatever nature which are legally required to practice its professions. 18. The City, or its authorized auditors or representatives, shall have access to and the right to audit and reproduce any of the Contractor records to the extent the City deems necessary to insure it is receiving all money to which it is entitled under the contract and/or is paying only the amounts to which Contractor is properly entitled under the Contract or for other purposes relating to the Contract. 19. The Contractor shall maintain and preserve all such records for a period of at least three years after termination of the contract. 20. The Contractor shall maintain all such records in the City of Cathedral City. If not, the Contractor shall, upon request, promptly deliver the records to the City or reimburse the City for all reasonable and extra costs incurred in conducting the audit at a location other than at City offices including, but not limited to, such additional (out of the City) expenses for personnel, salaries, private auditors, travel, lodging, meals and overhead. Agreement 1300-3 21. In entering into this Contract or a contract with a subcontractor to supply goods, services, or materials pursuant to this Contract, Contractor and any or subcontractor are deemed to have offered and agreed to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.0 Sec. 15) or under the Cartwright Act(Chapter 2, commencing with Section 16700 of Part 2 of Division 7 of the California Business and Professions Code), arising from purchases of goods, services, or materials for the Contract. This assignment will be deemed made and will be come effective at the time City tenders final payment to Contractor, without further acknowledgement by the Parties. Agreement 1300-4 HEREOF,IN ITNESS the partiesi below.dates stated "CITY" CITY, a California municipal corporation 1 Charles P. McClendon, City Manager ATTEST: ., "2. ; r 1 k' . . ,,. Dated: I ° . Tracey R. ermosillo, CMC, City Clerk Dated:APPROVED AS TO FORM: Eric S. Vail, City Attorney "CONT`. ' CTOR" 0 - T2 2- 2,5 Name: ;, ,.. nr°r; ca (w) �q Dated: 1 ' « .0 .ate` Title: ° 3cc, x,... e5,,,,,v,..„4-- [CONTRACTOR SIGNATURESNOTARIZED. IF CONTRACT IS A CORPORATIONI I LIABILITY COMPANY, 0 SIGNATURES PROVIDED] Agreement 1300-5 CALIFORNIA ALL®PURPOSE ACK OWLEDGMENT State of California caw. County of Alameda '?d on 10/26/23 before me, Nakista Quiales -Notary Public Dale Here 1n,er4 Name ehl rn a or the Otf nr personally appeared __------- David L. Morris up- Executive Vice President Narn.(s) ii Signer(s) _ A who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized IIIIIIIINIIIIIIIIIMW11111111111101111111111111111111111111H1111111HIIIIIIMIIIPI ca aci res and that byhis/her/their signature(s) on the a NAKISTA QUTALES462899 p ( )B instrument the person(s), or the entity upon behalf of NOTARY P BUC2•CALIFF0 IA which the person(s) acted, executed the instrument. I\ d � AIAMEDA COUNTY My Comm.Exp,Sept 24,2027 = .ixuuuunniuiuriumumunuuunuuuuanounieneunnmi01°ia I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and oft cial seat. Signature ULfi . Ftava Weary Seat Above trfen i NoWy P, OPTIONAL 7houcgh the information below is not requited by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages. Signer(s)Other Than Named Above Capacity(ies) Claimed by Signer(s) Signers Namee Signer's Name:. Individual Individual Corporate Officer--Title(s): Corporate Officer---Title(s): Partner " ! Limited U General Partner-- Limited "'_i General WHY THUMBPRINT! RIGHT?THUMBPRINT Attorney in Fact OF SIGNER =Attorney in Fact • �raGr n£thl,m4)riUrri r;r,r l rr r ' Trustee [. Trustee Guardian or Conservator Guardian or Conservator Other: Other. Signer Is Representing �.. Signer Is Representing: 771`'„' , .c ,'" n '"; ri`"�:.('?"vG�: """" ," ti.' '""` '' ': .tia,"?-,; " la.:`-..� ;°z mo Nav n i Natal),R5_rAszltl,ar !l„t5£5 S'ka Salto Atic,I C.3nu,44J2 ,ltr,L' 91113-2102awrtxw N to.nzsnLcqzrpurn I:,s13 0 r" k or r t R"1N,Fr' I&%I,SSitl-U3'I CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT --" State of California County of Alameda on 10/26/23 before rne, -----Nakista Quiales Notary Public Date Here Insert N rn R td 1"'stle CN'nr US 1r r personalty appeared Roger Weisbrod ®Vice President Name(si or S6grter(s) ._ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures) on the •lmnmutxmnrnnnnunrunennunmamnnuuumruummmml instrument the person(s), or the entity upon behalf of NAKISTA QUTALES which the person(s) acted, executed the instrument. COMM.#2462899 5 NOTARY PUBLIC-CALIFORNIA ,e. ALAMEDACOUN 4 I certifyunder PENALTY OF PERJURY under the laws I MY Comm.Exp.Sept.2 , 2027 E �rnntnunnnmuoutml,l„rl„ru,n„tnnunwuuuunlauunuuuml of the State of California that the foregoing paragraph is true and correct, WITNESS my hand and official seal. Signature„.. Place Ucrary SAal Above rd biro of Nnl2ry Puhi OPTIONAL _ r Though the information below is not regulred by taw, it may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this form to another document, Description of Attached Document Title or Type of Document: Document Date& Number of Pages: Signer(s)Other Than Named Above: .. ...... . Capacity(ies) Claimed by Signer(s) Signers Name: Signer's Name:_ . ..-__ Individual individual Corporate Officer--Titte(s). Corporate Officer—Title(s). Partner"- Limited fi General Partner--El Limited is General t�tG MVMI9P�tIMT area THRAoPRNT' Attorney in Fart OF StcriER` w Attorney in Fact oFSIGN i thumb kp 3y° um 233 F'p r�r tr�lmc',ere Trustee t_`Trustee Guardian or Conservator I: [Guardian or Conservator Other: C!Other Signer Is Representing __. Signer Is Representing; -7ZW4 02037 Na°id321F Notes}"9e5srm,31i3,, Ci:sCCU Selo Ave,PaN3324iu Chz tonn,(A S"4313-2C2244 a€.N.2it<" Cdi'Ca2[Y:rrq IS,1 A452437 FNoCUaa:t.a$Tail-Free 1 3"- C:+-052' Bond No.57BCSJC6322 SECTION 1320 Premium Included in Performance Bond PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT the City of Cathedral City, a municipal corporation, hereinafter designated the City, has, on October 13,2023 awarded to Chrisp Company , hereinafter designated as the Principal, a Contract for EAST PALM CANYON DRIVE (HIGHWAY 111) BIKE LANE PROJECT BID NO. B24-48E CITY PROJECT NO. C08504, and WHEREAS,said Principal is required to furnish a bond in connection and with said Contract, providing that if said Principal, or any of it or its subcontractors shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety of this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, we, the Principal, and Hartford Fire Insurance Company , as Surety, are held and firmly pound unto the City in the just and full amount of Two Hundred Thousand Thirty-Seven Eight *Thousand Hundred Forty Dollars ($237,840), executors, administrators, and successors,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, it or its heirs,executors,administrators,successors,or assigns,shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor thereon of any kind or for amount due under the Unemployment Insurance Act with respect to such work or labor, or for any amounts due,or to be withheld pursuant to Sections 18806 of the Revenue and Taxation Code of the State of California with respect to such work or labor, then said surety will pay the same in or to an amount not exceeding the amount hereinabove set forth, and also will pay in case suit is brought upon this bond, such reasonable attorney's fees to the City as shall be fixed by the court. This bond shall insure to the benefit of any and all persons, companies, and corporations named in Section 3181 of the Civil Code of the State of California so as to give a right of action to them or their assigns in any suit brought upon this bond. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition of the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall, in any way, affect its obligations of this bond, and it does hereby waive notice of any change, extension of time, alteration, or addition to the terms of the contract or to the work or to the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK Payment Rand 1320-1 IN WITNESS WHEREOF, the Principal and Surety have executed this instrument under their seals this 27th day of October 2023, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Chrisp Company Principal (Seal) Signature for Principal Officer ret ni\cerkree C t Title of Signatory Hartford Fire Insurance Company Surety (Seal) -+- 'Signature for Surety ( Misty R.Hemje,Attorney-In-Fact Title of Signatory 2001 N.Main St,Suite 660,Walnut Creek,CA 94596 Address of Surety (415)836-4810 Phone#of Surety Jonathan Nelson Contact Person For Surety Payment Bond 1320-2 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 Contra Costa On 'ff)elt),;;Nil, 7 7(11 5 before me, Brittany Kavan, Notary Public (insert name and title of the officer) personally appeared Misty R. Hemje who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. .4111111101k11112111B1111111111111111111111111it BRITTANY KAVAN WITNESS my hand and official seal. 7:7 COMM.#2338092 z NOcTA0FINYTRPAUBgo:ACALIFORNIACOUNTy 73: My Commission Expires 12/1912024 (Seal) :iiimacsieggmorikitimilmitmegitor Signature L-1 • • CALIFORNIA ALL-PURPOSE ACKNOVIILEDG/VIENT 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 Alameda On 10/31/2023 before me, Nakista Quiales - Notary Public Date Here Insert Name and Title of the Officer personally appeared Mark Chrisp -Vice President Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. NAKISTA QUIALES COMM.#2462899 rN,, 17r-iZ5-4) NOTARY PUBLIC COUNTY-CALIFORNIA 5 pp ALAMEDA E. Signature /0 My Comm.Exp.Sept 24,2027 = Signature of Notary Public chnionmumminuommoitiminiummiminnommiunimosi Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: 0 Corporate Officer — Title(s): 0 Corporate Officer — Title(s): Li Partner — Li Limited ID General 0 Partner — 0 Limited 0 General Li Individual 0 Attorney in Fact El Individual 11 Attorney in Fact Ll Trustee 0 Guardian or Conservator 0 Trustee 0 Guardian or Conservator Li Other: ED Other: Signer Is Representing: Signer Is Representing: 02014 National Notary Association www.NationalNotary.org 1-800-US NOTARY(1-800-876-6827) Item#5907 • Direct Inquiries/Claims to: THE HARTFORD POWER OF ATTORNEY BOND,T-11 One Hartford Plaza Hartford,Connecticut 06155 Bond,ClaimsAthehartford.corn call:888-266-3488 or fax:860-757-5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Name: A J GALLAGHER RISK MGMNT SVCS LLC iNency Code: 5 7-5 5 4 5 3 2 X Hartford Fire Insurance Company,a corporation duly organized under the laws of the State of Connecticut X Hartford Casualty Insurance Company,a corporation duly organized under the laws of the State of Indiana X Hartford Accident and Indemnity Company,a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company,a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois,a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest,a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast,a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the"Companies")do hereby make, constitute and appoint, up to the amount of Unlimited : Tina K. Nierenberg, Virginia L. Black, Brian F. Cooper, Susan Hecker, M. Moody, Maureen O'Connell, Kevin Re, Janet C. Rojo, Betty L. Tolentino, Robert P. Wrixon, K. Zerounian, Courtney Chew, Maria De Los Angeles Reynosa, Susan M. Exline, Misty R. Hemje, Brittany Kavan, Thuyduong Le, Julia Ortega of SAN FRANCISCO, California their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by El, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on May 23, 2016 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies,the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. #4454 / 144-Lf 4‘1,46 100".• 41,4 ^` I • ippeollsb • s,00040411 411\ ;,,‘„akk Nal.ltafte, * - • 7- 911 % Si oitt S 74'./ -WA= '11110110, *,tanrot,* tt)1 ii7?)/7/114 0.1114MagtiLe Shelby Wiggins,Assistant Secretary Joelle L.LaPierre,Assistant Vice President STATE OF FLORIDA ss. Lake Mary COUNTY OF SEMINOLE On this 20th day of May,2021,before me personally came Joelle LaPierre,to me known,who being by me duly sworn,did depose and say:that (s)he resides in Seminole County, State of Florida; that (s)he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument;that(s)he knows the seals of the said corporations;that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that(s)he signed his/her name thereto by like authority. 2,;;:-.•' • Jessica Ciccone My Commission I-1H 122280 Expires June 20,2025 I,the undersigned,Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is still in full force effective as of October 27,2023 Signed and sealed in Lake Mary, Florida. r , 1337 r • 3 • "." • r15:‘I r 2/e6M Keith D.Dozois,Assistant Vice President SECTIO 1330 0 KE S' CO PE SATIO I SU - A CE CE TIFICATE In accordance with California Labor Code Section 1861, prior to commencement of work on the Contract, the Contractor shall sign and file with the City the following certification: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." Signature ("-'ori-k-ro,e,t- 1 ; C+ia4-0 r Title Date Workers'Compensation Insurance 1330-1