Loading...
HomeMy WebLinkAboutContract - 11/09/2023 - 2057 SECTION 1300 CONTRACT THIS CONTRACT, by and between the CITY OF CATHEDRAL CITY, a municipal corporation, herein referred to as "City,and Elecnor Belco Electric.Inc.,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 BID NO. B24-49E, CIP NO. 8753, HSIP CYCLE 10: PEDESTRIAN CROSSING AT RAMON ROAD NEAR CANDLEWOOOD DRIVE(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 Au2ust 23,2023.Instructions 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, 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 Contractor's performance of the Work for this Contract. Contractor agrees to diligently pursue the performance and completion of the Work in every detail to the satisfaction of the City. Contractor shall commence work after the issuance of a written Notice to Proceed and agrees to have all work completed within One Hundred Eighty(180)working days from the date of Notification to Proceed. 5. In consideration of said Work,City agrees to pay Contractor such sums as shall be approved by the City Engineer at lump sums and/or unit prices stated in the Contractor's Bid. The total compensation to Contractor for all Work shall not exceed One Million Seventy-One Thousand Eight Hundred Eighty-Eight Dollars and Zero Cents ($1.071.888.00). 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, and any subcontractor engaged by Contractor, shall not 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 up to Two Hundred Dollars($200.00) for each calendar day,or fraction thereof, for every workman paid by Contractor or by any subcontractor engaged by Contractor,in violation of this provision(Sections 1770-1777,Labor Code of California). 7. Concurrently with the execution of this Contract, Contractor shall furnish bonds of a surety satisfactory to City,as provided in the Contract Documents,the cost of which shall be paid by Contractor. 8. Contractor agrees to indemnify,hold harmless,release and defend(even if the allegations are false, fraudulent or groundless), to the maximum extent permitted by law, the City, its City Council and each member thereof,and its officers,employees,commission members and representatives, from any and all liability,loss,suits, claims,damages,costs,judgments and expenses(including attorney's fees and costs of litigation)which in whole or in part are claimed to result from or to 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 Agreement 1300-1 Documents. This insurance shall be kept in full force and effect by Contractor during this entire contract and all premiums thereon shall be promptly paid by it. Each policy shall further state that it cannot be canceled without 30 days unconditional written notice to the City and shall name the City as an additional insured. Contractor shall furnish evidence of having in effect, and shall maintain Workers Compensation Insurance coverage of not less than the statutory amount or otherwise show a certificate of self-insurance, in accordance with the Workers Compensation laws of the State of California. Failure to maintain the required amounts and types of coverage throughout the duration of this Contract shall constitute a material breach of this Contract. 10. Contractor shall forfeit as a penalty to City $25.00 for each laborer, workman, or mechanic employed in the execution of this Contract by said Contractor,or any subcontractor under it, upon any of the work herein mentioned,for each calendar day during which such laborer,workman,or mechanic is required or permitted to work at other than a rate of pay provided by law for more than 8 hours in any one calendar day and 40 hours in any one calendar week,in violation of the provisions of Sections 1810-1815 of the Labor Code of the State of California. 11. In accepting this Contract,Contractor certifies that in the conduct of its business it does not deny the right of any individual to seek, obtain and hold employment without discrimination because of race, religious creed, color,national origin, ancestry,physical disability,mental disability,medical condition,genetic information, marital status,sex,gender,gender identity,gender expression,age, sexual orientation,or military and veteran status as provided in the California Fair Employment Practice Act(Government Code Sections 12900,et seq.) Contractor agrees that a finding by the State Fair Employment Practices Commission that Contractor has engaged during the term of this Contract in any unlawful employment practice shall be deemed a breach of this Contract and Contractor shall pay to City$500.00 liquidated damages for each such breach committed under this Contract. 12. Contractor also agrees that for contracts in excess of$30,000 that apprentices will be employed without discrimination in an approved program in a ratio established in the apprenticeship standards of the craft involved (Sections 1777.5 and 1777.6,Labor Code of California). Contractors who willfully fail to comply will be denied the right to bid on public projects for a period of six months in addition to other penalties provided by law. 13. This Contract shall not be assignable by Contractor without the written consent of City. 14. Contractor shall notify the City Engineer (in writing) forthwith when the Contract is deemed completed. 15. In accepting this Contract,Contractor certifies that no member or officer of the firm or corporation is an officer or employee of the City except to the extent permitted by law. 16. Contractor certifies that it is the holder of any necessary California State Contractor's License and authorized to undertake the Work. Contractor must, at Contractor's sole expense,obtain all necessary permits and licenses required for the Work, and give all necessary notices and pay all fees and taxes required by law, including, without limitation,any business license tax imposed by City. Contractor represents and declares to Agency that it has all licenses, permits, qualifications and approvals of whatever nature which are legally required to practice its profession. 17. The City,or its authorized auditors or representatives,shall have access to and the right to audit and reproduce any of the Contractor records to the extent the City deems necessary to insure it is receiving all money to which it is entitled under the contract and/or is paying only the amounts to which Contractor is properly entitled under the Contract or for other purposes relating to the Contract. 18. The Contractor shall maintain and preserve all such records for a period of at least three years after termination of the Contract. 19. The Contractor shall maintain all such records in the City of Cathedral City. If not,the Contractor shall,upon request,promptly deliver the records to the City or reimburse the City for all reasonable and extra costs incurred in conducting the audit at a location other than at City offices including,but not limited to,such additional (out of the City)expenses for personnel,salaries,private auditors,travel,lodging,meals and overhead. 20. In entering into this Contract or a contract with a subcontractor to supply goods, services, or materials pursuant to this Contract,Contractor and any or subcontractor is deemed to have offered and agreed to assign to City all rights,title,and interest in and to all causes of action it may have under Section 4 of the Clayton Act(15 U.S.C. Sec. 15)or under the Cartwright Act(Chapter 2,commencing with Section 16700 of Part 2 of Division 7 of the California Business and Professions Code),arising from purchases of goods,services,or materials for the Contract. Agreement 1300-2 This assignment will be deemed made and will become effective at the time City tenders final payment to Contractor, without further acknowledgement by the Parties. IN WITNESS WHEREOF,the parties have executed this Contract as of the dates stated below. "CITY" CITY OF CATHED • L CITY, a California municipal corporation /7 1 t1 B : L -1 1/4 11-2-21 Dated: (1.OI 20/ Charles McClendon,City Manager ATTEST: 1 Li rket Dated: I-6C1 ZO2 Tracey R. -rmosi o,CMC, City Clerk APPROVED AS TO F RM: Dated: / Eric Vail,City Attorney "CONTRACTOR" f Dated: Name: Title: 1 11111. ' 11111111. Dated: By: Name: 1,1 6'kn, kr rip,0,IN 0 Title: V 11f 1 34.AI [CONTRACTOR SIGNATURES MUST BE NOTARIZED, IF CONTRACTOR IS A CORPORATION OR L I I TED LIABILITY CO I`ANY,TWO SIGNA " S MUST BE PROVIDED.] Agreement 1300-3 , • CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT - 4 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. . .. , 1 State of California } . . County of San Bernardino } On I 1/22/23 before me, Rebecca Wilks, Notary Public , (1,ere laser name and hie of the(Meer) Jeroni Gervilla & Leo Sancho Frances personally appeared who proved to me on the basis of satisfactory evidence to be the person®whose r j name°ist3subscribed to the within instrument and acknowledged to me that he/she:0W,executed the same in his/he ,tilettouthorized capacityWA and that by his/her Wt signature® on the instrument the person°, or the entity upon behalf of which the personOacted, 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. , „,,, ,49P, 4„,,,,,,, REBECCA WILKS Wl 'ESS my hand and official seal. i0Y: ' „,,0,754, Commission#2462475 ...... n io?' '-„7').1::,,, Notary Public-Caatomta 8 ' & il : ' ' ''4,,,, ,i,, ;, A, San litematdino County .,, iy '. ,,-Ifft:,,,t'' ',,,„:11w4,,,,, My Comm,Expires Sep,9,2027 Notary Pu Signature (Notary Public Sea) 11 11 1 I ! ! 1 ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPUTING THIS FORM This jenm complies with current California statutes regarding notary wording and, DESCRIPTION OF THE Al(ACHED DOCUMENT if needed,should be completed and attached to the document.Acknowledgments from other states may he completed jbr documents being sent to that state so long , as the wording does not require the California noun)?to violate California notary Cathedral City contract la ii.. , (Title or description of attached document) • State and County information must be the State and County where the document signer(s)personally appeared before the notary public for acknowledgment. • Date of notarization must he the date that the signer(s)personally appeared which (Title or description of attached document continued) must also be the same date the acknowledgment is completed. . • The notary public must print his or her name as it appears within his or her Number of Pages Document Date commission followed by a comma and then your title(notary public). ! I • Print the name(s) of document signer(s) who personally appear at the time of notarization. . „....„. ' I CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. iteisheitheyr is hire)or circling the correct forms.Failure to correctly indicate this !j 0 Individual (s) information may lead to rejection of document recording. Cl Corporate Officer • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. . , El Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. 0 Attorney-i n-Fact -:- Additional inlbnnation is not required but could help to ensure this , . o Trustee(s) acknowledgment is not misused or attached to a different document. + Indicate title or type of attached document,number of pages and date. 0 Other , ,,, ,,,, _., .:. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). vw..qolaryClasses.col,K'C,..S73-9 5 • Securely attach this document to the signed document with a staple, ,I * Bond No.015222967 SECTION 1310 Premium: $3,491.00 FAITHFUL PE' 0' • CE BOND KNOW ALL MEN BY THESE PRESENTS: T the City of Cathedral City, a municipal corporation, hereinafter designated the City, has, on November 2023 awarded to Elecnor Belco Electric. Inc.,hereinafter designated as the Principal,a Contract for BID NO.B2449E, CIP NO.8753,HSIP CYCLE 10:PEDEST' CROSSING AT ' ' ON RO • C• DLEWOOOD D' ,and I REAS, said Principal is required under the terms of said Contract to furnish a bond for the faithful performance of said Contract: NOW,THEREFORE,we,the Principal, and Liberty Mutual Insurance Compaft), , as Surety, are held and firmly bound unto the City in the just and full amount of($1,071.888.00)lawful money of the United States. for the payment of which sum well and truly to be made,we bind ourselves,our heirs,executors,a. I'fistrators,and successors,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, his or its heirs, executors, administrators,successors,or assigns,shall in all things stand to and abide by,and well and truly keep and faithfully perform the covenants,conditions,and agreements in the said contract and any alterations made as therein provided, on his or their part to be kept and performed, at the time and in the manner therein specified, and in all respects according to their true intent and meaning,and shall indemnify and save harmless,the City,its officers and agents as therein stipulated,then this obligation shall become null and void;otherwise it shall be and remain in full force and virtue. It is acknowledged that the Contract provides for one-year guarantee period,during which time this bond remains in full force and effort. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall, in any way,affect its obligations on this bond,and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract or to the work or to the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California. THE NI I ER OF T I S PAGE INTENTIONALLY LEFT BLANK Faithful Performance Bond 1310-1 IN WITNESS REOF,the Principal and Surety have executed this instrument under their seals this 14th day of November ,2023 ,the name and corporate seal of each corporate party being hereto affixed and these presents duly silt,ed by its undersigned representative, pursuant to authority of its governing body. Elecnor Belco Electri(t Principal (Seal) 1 I Signature for Pnncipal Title of Signatory v.INp oSittiktti, Liberty Mutual Insurance Corripanv ko„, cp 4?1, Surety cb. Ord (Seal) 1 1 ° S ro, , t Signature for Surety Sarah Murtha,Attorney-in-Fact Title of Signatory 175 Berkeley Street,Boston,MA 02116 Address of Surety (617)357-9500 Phone#of Surety Surety Claims Department Contact Person For Surety Faithful Performance Bond 1310-2 NOTARY ACKNOWLEDGMENT OF SU ' TY: State of Connecticut County of Hartford ss. On this the 14th day of November ,2023 , before me, Amanda Pierina D'Angelo,the undersigned officer, personally appeared Sarah Murtha known to me (or satisfactorily proven) to be the person whose name is subscribed as Attorney-In-Fact for Liberty Mutual Insurance Company and acknowledged that s/he executed the same as the act of his/her principal for the purposes therein contained. In witness whereof I hereunto set my hand, • • D' Apr.30, 7 My Commission Expires Siglyktfe of Nk ry Lic- CT 186220,2/ ytife Conimisstoi E pire : April 30,2027 Amanda Pierina D pelo Printed Name of Notary . , This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the mariner and to the extent herein stated. Liberty Mutual Insurance Company utual... The Ohio Casualty Insurance Company Certificate No 8210646-985949 West American Insurance Company SURETY POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a comoration duly organized under the laws of the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the'Companies"),pursuant to and by authority herein set forth,dues hereby name,constitute and appoint, Connor Woluyi,Dmilza Niolica Gninry Stos,art,Jennifer Ciodere,Jonathan Gleason,JaS11113 StIll Corti,Kathryn Pryer,K l Williams,Michelle Anne McMahon,Nicholas Mil tor,Richard Hackner,Robyn Salley,Sarah Murtha ail of the city of Hartford state of (7 each individually if there be more than one named,its true and lawful attorney-in-fact to make, execute,seal,acknowledge and deltver,for and on its behalf as surety and as its act and deed,any-and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall!te as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 22nd day of Aqust , 2023 . Liberty Mutual Insurance Company t I I ,1,14S1, s\ ,...111 Pik •, 04Sus, The Ohio Casualty Insurance Company 1 ..„).ih,-i.,apc---ratne,,,,,,,, .,. 4,, ...s'•ouuorza 4!tar " tt-v° a ,41,, West American Insurance Company •'"'ats' t'a ci n il'';''' 'Pr) 0 :+1? * C/ (iv 1912 g I 0 19 19 1," '4 1991 o' bi 0, r 1,1 e.4' rf % ,,i? 1 4 3. a,) ..‘"„5, Nolge, 4 b ty4,4 4 c*lag', C' .7 A:7 By: ,--- i T David M,Carey,Assistant Secretary State of PENNSYLVANIA County of MONTGOMERY ---5 o m 76 ....,... 5 On this 22nd day of Atteust , 20'13 before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance o en Company,The Ohio Casualty Company.and West American Insurance Company,and that he,as such,being authorized so to do,execute the foregoing instrument for the purposes at >:therein contained by stgriing on behalf al the corporations by himself as a duly authorized officer. AP: =To 'V cu m ' IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year first above written. ,i,_ a , ,,,c:..i, „ , corn,,,,,,,..mtr,of Pennsylvania-Notary Seal ai 8 Teens Payer:,Notary Public. Montgomery County ..:...4 i t:5 1) . ' My cornmis&on expires March 28,2025 4-:::y: f„44,,,.) 2,4,/6..., 12/„--'"\!, ,Cornea,number 112601-4 '(I ,-,, \ ;.:',,: .::: :,.,-,,, Member,Perm6ylvabia A550Giali0f1 at Nolanes Teresa Pastella,Notary Public b tn co., tm.Zu '. c.D ,t..., This Power oAttorney f Is made and executed pursuant to and by authority or the following By-laws and Authorizations of The Ohio Casualty insurance Company,Liberty M 6 etual Insurance ‘4. c 0,— Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: E 6. ARTICLE IV-OFFICERS:Section 12..Power of Attorney. 15 ( . S. Any officer or other official of the Corporation authorized for that purpose in wriblic by the Chairman or the President,and subject to such limitation as the Chairman or the President b ' may prescribe,shall appoint such attorneys-in-fact as may'ce necessary to act in behalf of the Corporation to make,execute,seal acknowledge and deliver as surety any and all To c undertakings,bonds,recognizances and other surety obligations.Such attorneys-in-fact,subject to the fimitations set forth in their respective powers of attorney,shall have full Wa > ,e12, -ca 0 -.6 1 power to bind the Corporafiort by their signature and execution of any such instruments and to attach thereto the seal of the Corporation,When so executed,such instruments shall Fi I) Z 0 I be as binding as if signed by the President and attested to by the Secretary.My power or authoely granted to any representative or attorney-in-fact under the provisions of this-Sti" it !1 b 0 article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. 1 ARTICLE XIII-Execution of Contracts:Section 5,Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-intfact,as may be necessary to act in behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings— bonds,recognizances and other surety cbligations..Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney,shall have full power to hind the Company by their signature and executton of any such instruments and to attach thereto the seal of the Company.When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation-The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attorneys-in- fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and ail undertakings,bonds,recognizances and other sorely obligations. Authorization-By unanimous consent cf the Company's Board of Directors,the Company consents that facsimile or mechailically reproduced signature of any assistant secretary of the Company,wherever appear ng epon a certified copy of any pourer of attorney issued by the Company in connection with surety bonds,shall be vat id and binding upon the Company with the same force and effect as though manually affixed. I,Renee C.Lleweliyn,the undersigned,Assistant Sechetary,Tim Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do hereby certlf,1 that the original power of attorney of which the foregoing is a full,true arid correct copy of the Power of Attorney executed by said Companies,is in full force and effect and has not beer revoked.. IN TESTIMONY'WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 1401h day of November 2023 . ‘Nsuic, 01 Hu" oiscii„ ve 0 4 tr .3% 4•Vc,o' 4.1. le, ,r.; ,r09-"'4,-.14.- ,..-;-,-;0,„(.....,-,4, ' 1912 00, 0- 1919 ay, "4 1991 )0 i 0'7.4. -3•.,,,„. zy- 'erc"'144'4c 45*$ ° '-'4D4P5'.' ''''d' '''",-2-L.--•"'"P.1:, ' 'Renee C.Uewellyn,Assistant Secretary LIVIS-12870 1.MIC OCIC WAIC Multi Co 02/21 SECTION 1320 Bond No, 015222967 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT the City of Cathedral City, a municipal corporation, hereinafter designated the City, has, on ,awarded to Elecnor Belco Electric Inc.,hereinafter designated as the Principal,a Contract for BID NO.B2449E, CIF NO.8753,HSIP CYCLE 10:PEDEST • CROSSING AT • • ON RO• NE• ' C• DLEWOOOD D' E and I REAS,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 Liberty Mutual Insurance Company ,as Surety,are held and firmly bound unto the City in the just and full amount of ($1,071,888.00), 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 attorneys 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 ' MAINDER OF T. S PAGE INTENTION LY LEFT BL• . 'Nov ember 8,2023 Payment Bond 1320-1 IN WITNESS REOF,the Principal and Surety have executed this instrument under their seals this 14th day of November , 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, .1 Elecnor Belco Ele Inc. Principal (Seal) ST—gna- mre for Princip, Title of Signatory Liberty Mutual Insurance Company Surety NS (Seal) A, 00 1. el 1 1 0 %, 62 0 Signature for Surety 140:4_, '9',4cHu5. - r7 Sarah Murtha,Attorney-In-Fact Title of Signatory 175 Berkeley Street,Boston,MA 02116 Address of Surety (617)357-9500 Phone#of Surety Surety Claims Department Contact Person For Surety Payment Bond 1320-2 CALIFORNIA ALL- PURPOSE CERTIFICATE OF 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 San Bernardino } ., ... On 11/22/23 before me, Rebecca Wilks, Notary Public , t-fere insert name and title ot the etticeo .,..., .. ,. personally appeared Jeroni Gervilla , who proved to me on the basis of satisfactory evidence to be the person(s) whose [!, name(s)Cjare subscribed to the within instrument and acknowledged to me that [4117ahe/they executed the same ink el./their authorized capacity(ies), and that by [44t11: er/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. . REBECCA WILKS Commission#2462475 WJF4IESS my hand and official seal. ki;w".:—.24.1 Notary Public-California ,I I— ,,,•1*-f---. /,,,,' San Bernardino County Comm.Expires Sep.9,2027 _ ...-...M — 11''' ') '''''llkiOeg y N tary Public Signature (Notary Public Seal) . . • . • INSTRUCTIONS FOR COMPLETINCi THIS FORM ADDITIONAL OPTIONAL INFORMATION 1.: 11/is fi„,rni complies with current California statutes regarcifng notary wording ond, DESCRIPTION OF THE ATTACHED DOCUMENT if needed„shonld he completed and attached to the document.Acknowledgments ,from other states stay be completed fin-dot itIllaUS being sent to that state so long 1 , as the Cathedral City bond wording does not require the California flouter to violate(l'alifOrnia notary law ., (Title or description of attached document) : • State and County information must be the State and County.where the document signer(s)personally appeared before the notary public for acknowledgment. • Date of notarization must he the date that the signer(s)personally appeared winch (Title or description of attached document continued) must also be the sante date die acknowledgment is completed. ., • The notary public must print Ins or her name as it appears within his or her ! : Number of Pages Document Date commission followed by a comma and then your title(notary public), • Print the namets) of document signer(s) who personally appear at the nine of lh 1 notarization. CAPACITY CLAIMED BY THE SIGNER . Indicate the correct singular or plural Corms by crossing off incorrect forms(i.e, helsheithey-is far-e)or cireline the correct forms.Failure to correctly indicate this 0 Individual (s) information may lead to rejection of document recording. El Corporate Officer . • The notary seal impression must be cleat and photographically reproducible. :Impression must not cover text or lines.If seal impression smudges,re-seal it a (Title) sufficient area permits,otherwise complete a different acknowledgment form. • El • Signature of the notary public must match the signature on file with the office of I „ Partner(s) the county clerk. Li Cl Attorney-in-Fact ,iiii Additional information is not required but could help to ensure this Trustee(s) acknowledgment is not misused or attached to a different document. ' ED Other______ _______ is: Indicate title or type of attached document,number of pages and date. .:* Indicate the capacity claimed by the signer. If the claimed capacity is a 1 , ..1 .... . , corporate officer,indicate the title(i.e.CEO,CFO,Secretary). 1 , ,I WWW.NotaryCiasses,com'C'.:C.;- :":4.;`:',';'5 • Securely attach this document to the signed document with a staple. ! . — .... NOTARY ACKNOWLEDGMENT OF SURETY: State of Connecticut County of Hartford ss. On this the lath day of November ,2023 , before me, Amanda Pierina D'Angelo,the undersigned officer,personally appeared Sarah Murtha known to me(or satisfactorily proven)to be the person whose name is subscribed as Attorney-In-Fact for Liberty Mutual Insurance Company ,and acknowledged that s/he executed the same as the act of his/her principal for the purposes therein contained. In witness whereof I hereunto set my hand. • A Iatu -of Notary ubliL, 7-"Date Commission E piresf: April 30,2027 " Amanda Pierina D'Anv,elo DANGEL.0 DA PIERIN Printed Name of ytary NOT. •yp CT 186257 My Commission E4ires Apr.30,2027 • / This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. ' 1 le —ibe ','f? Liberty Mutual Insurance Company M.UtUaL The Ohio Casualty Insurance Company Certificate No. 8210+•,r<-985949 _...._ West American Insurance Company SUItETY POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire,that Lilw^,rty Mutual Insurance Company is a corporation duly organized under Lie laws of the State of Massachusetts,and West American Insurance Company is a corporation duly organized under e laws of the State of Indiana therein collectively called the"Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, Connor u..u. Wolper-IL Doritza Moltca,Gems', Stewart Jennifer Godere,Jonathan Gleason,Joshua Sanford,Kathryn P-kor,K+,le Williams,Ntichetle Anne McMahon,Nicholas Malley,(Richard Hackner,Robyn Salle ,Sarah Murtha at of the city of Hartford state of CT each individually if there be more than one named,its true and lawful attorney-in-fact to make, execute,seat,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and ail undertakings,bonds,recognizances and other surety obligations,An pursuance of these presents and shall be as binding upon the Companies as if they have been duty signed by the president and attested by the secretary of the Companies in their own,proper persons. IN WITNESS WHEREOF,this Power cf Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed there this 22nd day of Aumist , 2023 Liberty Mutual Insurance Company Pr oiiSt+q� ay:t`r Ns, a \NSt/4, The Ohio Casualty Insurance Company ��c®S °Rq y0 59�°aroRr,�'y wPcoRwO•`1,r TO West American Insurance Company eo ray 'T 3 "a n 4 = `�© to /1 1912 0� © 1919 ,I 1991 0 /i -7 I Y 2 y �, 9 d CY�,���'rCWU�.da S©�+4AMP9��D� `!� �'YQiAMI' ,db� grf 9 * ) h1 * 1`- 441 * Fa y_ David Putt Carey,Assistant Secretary i7 ss Stale of PENNSYLVANIA s r,� CB County s of MONTGOMERY 'C N .h , On this 22nd day of Aus use 2023 before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Ia • c�tta'oz. Company,The Ohio Casualty Company,and West American Insurance Company,and that he,as such,being authorized so to do,execute the foregoing instrument for the purposes ca i IN 0 therein contained by signing on behalf of the corporations by himself as a duly authorized officer. ° IN WITNESS WHEREOF1:3 ,I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting;Penr•,sylvania,on the day and year first above written. ,=-- �'ua lfc�a w Q �a gP -'4Sl k 4� .$0,-,,..•‹ , rronweal(h of Pennsylvania-Notary Seal' a Q Fw - Teresa Patella,Notary Publpc ,r// fJ/J,[��-,/�� © 2 OF T M commission spires h 2a,r2025 1 y Y[ /�:,cl,' /£ Public ) �- Montgomery County C Tv expires E3 Q,-- L°tt;,.,, , p,Azrnhar.Pennsylvania Asscciaann et Notane9 eres�Pastel a,Notary U �5 r This Power of Attorney is lade and executed pursuant to and by authority of the following Bylaws and Authorizations of The Ohio Casualty Insurance Company,Liberty Mutual Insurance ca 0. Company,and West American Insurance Company which resolutions are now n full force and effect reading as follows: i ARTICLE IV-OFFICERS:Seaton 12.Power of Attorney. My officer or other official of the Corporation authorized for that purpose in writes by the Chairman or the President,and subject to such limitation as the Chairmer,or the President 6 32 U may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf al the Corporation to make,execute,seal,acknowledge and dative,as surety any and all re c� undertakings,bonds,.recognizances and other surety obligations.Such attorneys-in-fact,subject to the irritations set forth in their respective powers of attorney,she have full a ' power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation.When so executed,such instruments shall h a, z 0 i k c as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney-in-fact under the provisions of this ° I slide may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power Or authority. u_int I ARTICLE'XIII-Execution of Contracts:Section S.Surety Bends and Undertakings, Any officer of the Company authorized far that purpose in writing by the chairman or the president,and subject to such limitations as the chairman or the presider(may prescrl e, ....___.__ shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all anderlakings,- , bonds,recognizances and other surely cbligattors.Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company.When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation-The President of the Company,acting pursuant lc the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attorneys-in- fact as may be necessary to act en behalf of She Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other sorely obligations. Authorization-By unanimous consent of the Company's Board of Directors,the Company consents that faosimile or mechanically reproduced signature et any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed. I,Renee C.Llewellyn,the undersigned„Assistant Secretary,,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies,is in foil force and effect and has not been revoked. IN TES I PONY WHEREOF„I have hereunto set my hand and affixed the seals of said Companies this__14th_day of November r 2023 V utsc ie -'„Al INso 1rkSt/,�, p4�e®oa o L�, ,s.,, oaa°ggra9yl+ "�0,��O�T��0 1912 p ; 1919 1991 c m w O a wy -1,,,acntitgEt.�a p,-,Hay ado-Lk ! wnuur >t try s\O��a Renee C.Llewellyn;,Assistant Secaetary rz * pxa h� * 1 8M * 0: LMS-12873 LMIC OCIC WAIC Multi Co 02/21