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HomeMy WebLinkAboutContract - 10/16/2023 - 2061 Contract No. t\ City Clerk Review hick Management iteliew 91) SECTION 1300 Scanned CONTRACT THIS CONTRACT, by and between the CITY OF CATHEDRAL CITY, a municipal corporation, herein referred to as "City", and Urban Habitat, 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 DREAM HOMES PARK PERIMETER WALL, CITY PROJECT NO. 7021, BID NO. B23-1 OE (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 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 dated September 13, 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 45 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 _Seven Hundred Ninety-Five Thousand Seven Hundred Fifty Dollars and Seventy- Three Cents ($795,750.73). All payments shall be subject to approval by the City Engineer and shall be in accordance with the terms, conditions, and procedures provided in the Contract Documents. 6. The Contractor shall not knowingly pay less than the higher of the Federal minimum wage rate or the general prevailing rate for per diem wages, as determined by the State of California Department of Industrial Relations and referred to in the Invitation to Bid, to any workman employed for the work to be performed under this contract; and the Contractor shall forfeit as a penalty to the City the sum of Twenty-Five Dollars ($25.00) for each calendar day, or fraction thereof, for such workman paid by him or by Agreement 1300-1 any subcontractor under him in violation of this provision (Sections 1770-1777, Labor Code of California). 7. Concurrently with the execution of this Contract, Contractor shall furnish bonds of a surety satisfactory to City, as provided in the Contract Documents, the cost of which shall be paid by Contractor. 8. Contractor agrees to indemnify, hold harmless, release and defend (even if the allegations are false, fraudulent, or groundless), to the maximum extent permitted by law, the City, its City Council and each member thereof, and its officers, employees, commission members, and representatives, from any and all liability, loss, suits, claims, damages, costs, judgments and expenses (including attorney's fees and costs of litigation) which in whole or in part are claimed to result from or to 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 Agreement 1300-2 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. 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, the 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 profession. 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 ensure 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. Agreement 1300-3 21. 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. 22. 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.C. Sec. 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700 of Part 2 of Division 7 of the California Business and Professions Code), arising from purchases of goods, services, or materials for the Contract. This assignment will be deemed made and will become effective at the time City tenders final payment to Contractor, without further acknowledgment by the Parties. Agreement 1300-4 partiesIN ITNESS HEREOF, the i dates stated below. "CITY" CITY,CITY OF CATHED- L. a California ici I corporation w, (----,,B Y L. tiLLL - Dated: ID 1 ' .,, )23 Charles P. McClendon, City Manager ATTEST: . 1 . el"` �_ ..a:' ate 1I0 Bracey R. rmos 'lo, CMC, City Clerk APPROVED AS TO e RM: Dated:_,/,/ Eric Vail, City Attorney « " —. Dated: i 1, *2 .2.+• ,3 By: / ' Natiiez,. ' ' Title: 1ar ,, Dated: 11 .02- 7k:5-1 B °� ... Na _. Title: a [CONT CTOR SIGNATURES UST BE NOTARIZED. IF CONTRACTOR IS A CORPORATION OR LI ITED LIABILITY CO PANT, C SIGNATURES UST BE PROVIDED.] Agreement 1300-5 •:,,,,,,r7,7—:—‘- ,--",,,r-rr,,,,,r,771,,--'17rrms11,,m-m— H 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 II r 1 document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. [ , 1-1 i iH : ...' State of California 1, I' I:1 County of Riverside 1, s.s. 1 „ i-i Li L On NoICThbEY (51 ')C5172) before me, Theresa Cathryn Brennan, Notary Public i TItle 1'1 personally appeared Brett Brennan 1 I, 1 I l' N/A 1- i !i I, i Name of Signer(2) , who proved to me on the basis of satisfactory evidence to be the person(s)whose name(a) isiere-subscribed to the within instrument and acknowledged to me that he/she/they executed the same in histIcteritheir authorized capacity(les), 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 '11 ,. [ instrument. i I: I certify under PENALTY OF PERJURY under the laws I 3aLk:,?:THERESti CATFIRYIN litENNAN ',- of the State of California that the foregoing paragraph is 64.W.i.A comm. #2403029 z ,1 true and correct. Notary Public.California e' ,,4'ir Riverside County -: M Comm.E oires Ma 4,2026 i 4 WITNESS my hand and official ai, f 1 i I 1 ii -ilry PublIc ??? ?? r? 4 „ OPTIONAL INFORMATION .'- information in is . reattachment i i' useful to persons relying on the attached Description of Attached Document [777,7,T;',-::::i,',;'.i.5''' ''',''' ,,: -• '7;i:::',''''''.6;i:; ',. ;: .-: 11 The preceding Certificate of Acknowledgment is attached to a 1 Method of Signer Identification .k ri document titled/for the purpose of, I Proved to me on the basis of satisfactory evidence: 1 i r, : El of identification El credible witness(es) ri. ;! il containing pages,and dated . 1 Notarial event is detailed in notary journal on: 6 The signer(s)capacity or authority is/are as: Page# Entry# •if El Individual(s) Notary contact: 0 Attorney-in-fact IA ,• 0 Corporate Officer(s) _ Other El Additional Signer 0 Signer(s)Thumbprints(s) 0 _____ '-. El Guardian/Conservator El Partner-Limited/General t: Trustee(s) r i •,._ 0 Other: -t representing: . from et TheNotarysStore cam ,,--,-,--,----- -,-,-------,.--- „- --- ---„------,-„--,------74 California All-Purpose Certificate of Acknowledgment 1 1 1 1 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the LI , t, document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. t 1 , State of California ,, County of Riverside S.S.', I-) i 1 ! ) ) On Nit)‘%/Oltey'02 1,01.)-3k before me, Theresa Cathryn Brennan, Notary Public . ), ill personally appeared Brett Brennan -' ) )': ) N/A )) Name of Signer(2) who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) istafe subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hisihefillieic authorized capacityfie' sl, and that by hisitier-Itheisignature(s)on the i' instrument the person(e), or the entity upon behalf of which the person(s) acted, executed the instrument. 1 ,-, I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is Tj1RXëATHRYilRENNAN COMM. #2403029 z -, true and correct. 6 1; ce Notary Public•California 61 , z Riverside County — ' t WITNESS my hand and official seal. My Comm.Expires Ma4,2026.! t t' t t , t t, t , OPTIONAL INFORMATION i is not required by law, it could prevent fraudulent Description of Attached Document The preceding Certificate of Acknowledgment is attached to a 'Method of Signer Identification -:- t t t,1 document titled/for the purpose of Proved to me on the basis of satisfactory evidence: 1 i 0 form(s)of identification ID credible witness(es) - containing pages,and dated . Notarial event is detailed in notary journal on: 1 4, The signer(s)capacity or authority is/are as: Page# Entry# O Individual(s) Notary contact: z 1 ' I 0 Attorney-in-fact LI t,1 El Corporate Officer(s) Other 1: 4-. 0 Additional Signer D Signer(s)Thumbprints(s) .,) 0 I 1 !,! D Guardian/Conservator t 1 El Partner-Limited/General -t t lt t 0 Trustee(s) ,t t't El Other: ttt t t representing: ... ? 1-' You can Bond No.GS58200044 Issued in Duplicate SECTION 1310 Premium: $9,773 FAITHFUL PERFORMANCE BOND Premium will be adjusted based on final contract amount KNOW ALL MEN BY THESE PRESENTS: THAT the City of Cathedral City, a municipal corporation, hereinafter designated the City, has, on October 11, 2023, awarded to Urban Habitat , hereinafter designated as the Principal, a Contract for DREAM HOMES PARK PERIMETER WALL, CITY PROJECT NO. 7021, BID NO. B23-10E and WHEREAS, 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 The Gray Casualty &. Surety Company, as Surety, are held and firmly bound unto the City in the just and full amount of Seven Hundred Ninety-Five Thousand Seven Hundred Fift Dollars and Seventy-Three Cents ($795,760,73) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. 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, an 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 WAS INTENTIONALLY LEFT BLANK Faithful Performance Bond 1310-1 IN WITNESS WHEREOF, the Principal and Surety have executed this instrument under their seals this 30th day of October , 2023, the name and corporate seal of each corporate party being hereto affixed, and these present duly signed by its undersigned representative, pursuant to the authority of its governing body. Urban Habitat Principal (Seal) ure for Prineipal Title of Signatory The Gray Casualty&Surety Company Surety (Seal) Signature for Surety, Mat e JC.Gaynor — Attorney-in-Fact Title of Signatory P.O. Box 6202, Metairie, LA 70009-6202 Address of Surety (504)888-7790 Phone#of Surety Joshua Caldwell Contact Person For Surety Payment Bond 1320-2 ., . . Rancho Mesa Insurance Services 10/30/2023 09:10 3107880027801 THE GRAY INSURANCE COMPANY THE GRAY CASUALTY&SURETY COMPANY GENERAL POWER OF ATTORNEY Bond Number:GS58200044 Principal:Urban Habitat Project: City of Cathedral City,Dream Homes Park Perimeter KNOW ALL BY THESE PRESENTS,THAT The Gray Insurance Company and The Gray Casualty&Surety Company,corporations duly organized and existing under the laws of Louisiana,and having their principal offices in Metairie,Louisiana,do hereby make,constitute,and appoint:Matthew C.Gaynor,Anne Wright,and Andrew Roberts of Santee,California jointly and severally on behalf of each of the Companies named above its true and lawful Attorney(s)-in-Fact,to make,execute,seal and deliver,for and on its behalf and as its deed,bonds,or other writings obligatory in the nature of a bond,as surety,contracts of suretyship as are or may be required or permitted by law,regulation, contract or otherwise,provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed the amount of $25,000,000.00. This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both The Gray Insurance Company and The Gray Casualty& Surety Company at meetings duly called and held on the 26th day of June,2003. "RESOLVED,that the President,Executive Vice President,any Vice President,or the Secretary be and each or any of them hereby is authorized to execute a power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings,and all contracts of surety,and that each or any of them is hereby authorized to attest to the execution of such Power of Attorney,and to attach the seal of the Company;and it is FURTHER RESOLVED,that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be binding upon the Company now and in the future when so affixed with regard to any bond,undertaking or contract of surety to which it is attached. IN WITNESS WHEREOF,The Gray Insurance Company and The Gray Casualty&Surety Company have caused their official seals to be hereinto affixed,and these presents to be signed by their authorized officers this 4th day of November,2022. suRA,v •,f /1141140044.' 1 7,04,0„ ( 1./7 A. a sea••... /L.:8 0.,e..40, •‘" . I %SEAL 4 BY: Michael T.Gray Cullen S.Piske .t, S.... , The Gray Casualty Mal 1.1113.446 0‘............. President President The Gray Insurance Company &Surety Company * * State of Louisiana ss: Parish of Jefferson On this 4th day of November,2022,before me,a Notary Public,personally appeared Michael T.Gray,President of The Gray Insurance Company,and Cullen S.Piske,President of The Gray Casualty&Surety Company,personally known to me,being duly sworn,acknowledged that they signed the above Power of Attorney and affixed the seals of the companies as officers of,and acknowledged said instrument to be the voluntary act and deed,of their companies. P Leigh Anne Henican . .;.....S.,,, Notary Public Notary ID No.92653 Leigh Anne Henican Notary Public,Parish of Orleans State of Louisiana Orleans Parish,Louisiana My Commission is for Life I,Mark S.Manguno,Secretary of The Gray Insurance Company,do hereby certify that the above and forgoing is a true and correct copy of a Power of Attorney given by the companies,which is still in full force and effect.IN WITNESS WHEREOF,I have set my hand and affixed the seals of the Company this 30th day of October , 2023 0144o4400•1000 I,Leigh Anne Henican,Secretary of The Gray Casualty&Surety Company,do hereby certify that the above and forgoing is a true and correct copy of a Power of Attorney given by the companies,which is still in full force and effect.IN WITNESS WHEREOF,I have set my hand and affixed the seals of the Company this 30th day of October ,2023 suRe 4, ,, A, :14UVINLQ. l 'fAA) ,, v - v V : SEAL g ill SEAL 14°, 04,,,,.......i_ * AC • LE ET 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 Diego On October 30, 2023 before me, Lauren Craig, Notary Public (insert name and title of the officer) personally appeared Matthew C. Gaynor 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. LAUREN CRAIG (453t5 \ts; Notary Public Cahforma z \szt:70,3\ /31 #73777-777\-33) e`„ter3 # -7 San D u iego Conty -7 Commission#2439745 3#033s#77 My Comm Expires Feb 28,2027 Z7,", 0—'377 sh-'73 V.4 Signature / --- (Seal) 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. ..I State of California s. .;.1 County of Riverside s. On N tfY CF/ 1052-3 before me, Theresa Cathryn Brennan, Notary Public personally appeared Brett Brennan 11 ,.1. N/A of Signer(2) I i ; Ft who proved to me on the basis of satisfactory evidence to be the persontsywhose name(s) 1 islorc subscribed to the within instrument and acknowledged to me that he/she/they executed t', ..1 the same in his/her/their authorized capacity(ies), and that by his/her/their signaturefs) on the instrument the person(e), or the entity upon behalf of which the person(e) acted, executed the ,t , t .1 instrument. t I I certify under PENALTY OF PERJURY under the laws 4 .,7 ''' 4 THERESA CATHRYN BRENNAN I 1 of theState ofthatforegoing paragraph California theh i 0 ,.. .,.., , comm. *2403029 z °J true and correct. eel ff,,- NotaRiverside ry Public-Calniforniaty c; Cou — ' M-C .Ex WITNESS my hand and official seal. Jr—,,—,,:` omm lres Ma 4,2026 ii -.1 OPTIONAL INFORMATIONis [' ;1 this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached c 1, Description of Attached Document The preceding Certificate of Acknowledgment is attached to a Method of Signer Identification i document titled/for the purpose of_ ,„,„„ ...„ Proved to me on the basis of satisfactory evidence: 0 form(s)of identification Li credible witness(es) 7 :- -..i, containing pages, and dated ,„ Notarial event is detailed in notary journal on: I ,: i 1 The signer(s)capacity or authority is/are as: Page# Entry# El Individual(s) Notary contact: 0 Attomey-in-fact f".] Corporate Officer(s) Other 0 Additional Signer 0 Signer(s)Thumbprints(s) 7 i! 0 ' 0 Guardian/Conservator ,- E3 Partner-Limited/General D Trustee(s) E3 Other: . , 1,- representing: I: Nmoots)of PersonW EntlyOeslSopcs fo Repsoscfoottog ©2009-2015 All from our web Issued in Duplicate SECTION 1320 PAYMENT BOND Bond No. GS58200044 Premium included in Performance Bond KNOW ALL MEN BY THESE PRESENTS: THAT the City of Cathedral City, a municipal corporation, hereinafter designated the City, has, on October 11, 2023, awarded to Urban Habitat, hereinafter designated as the Principal, a Contract for DREAM HOMES PARK PERIMETER WALL, CITY PROJECT NO. 7021, BID NO. B23.10E 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 The Gray Casualty & Surety Company, as Surety, are held and firmly bound unto the City in the just and full amount of Seven Hundred Ninety-Five. Thousand Seven Hundred Fifty Dollars and Seventy-Three Cents ($795,750.73), 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 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 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 Contractor 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, an extension of time, alteration, or addition to the terms of the contract or the work or the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK Payment Bond 1320-1 IN WITNESS WHEREOF, the Principal and Surety have executed this instrument under their seals this 30th 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 the authority of its governing body. Urban Habitat Principal — (Seal) S" nat for Principe vW Title of Signatory The Gray Casualty&Surety Company Surety (Seal) Signature for Surety, Matthe Gaynor Attorney-in-Fact Title of Signatory P.O. Box 6202, Metairie, LA 70009-6202 Address of Surety (504)888-7790 Phone#of Surety Joshua Caldwell Contact Person For Surety Faithful Performance Bond 1310-2 Rancho Mesa Insurance Services 10/30/2023 09:10 3107880027801 THE GRAY INSURANCE COMPANY THE GRAY CASUALTY&SURETY COMPANY GENERAL POWER OF ATTORNEY Bond Number:GS58200044 Principal:Urban Habitat Project: City of Cathedral City,Dream Homes Park Perimeter KNOW ALL BY THESE PRESENTS,THAT The Gray Insurance Company and The Gray Casualty&Surety Company,corporations duly organized and existing under the laws of Louisiana,and having their principal offices in Metairie,Louisiana,do hereby make,constitute,and appoint:Matthew C.Gaynor,Anne Wright,and Andrew Roberts of Santee,California jointly and severally on behalf of each of the Companies named above its true and lawful Attorney(s)-in-Fact,to make,execute,seal and deliver,for and on its behalf and as its deed,bonds,or other writings obligatory in the nature of a bond,as surety,contracts of suretyship as are or may be required or permitted by law,regulation, contract or otherwise,provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed the amount of $25,000,000.00. This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both The Gray Insurance Company and The Gray Casualty& Surety Company at meetings duly called and held on the 26th day of June,2003. "RESOLVED,that the President,Executive Vice President,any Vice President,or the Secretary be and each or any of them hereby is authorized to execute a power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings,and all contracts of surety,and that each or any of them is hereby authorized to attest to the execution of such Power of Attorney,and to attach the seal of the Company;and it is FURTHER RESOLVED,that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be binding upon the Company now and in the future when so affixed with regard to any bond,undertaking or contract of surety to which it is attached. IN WITNESS WHEREOF,The Gray Insurance Company and The Gray Casualty&Surety Company have caused their official seals to be hereinto affixed,and these presents to be signed by their authorized officers this 4th day of November,2022. 6242 0 -- ORA* .I SEAL t BY: ......7A L Michael T.Gray Cullen S.Piske .i so s,...7, President President The The Gray Insurance Company The Gray Casualty&Surety Company ,.... * * State of Louisiana ss: Parish of Jefferson On this 4th day of November,2022,before me,a Notary Public,personally appeared Michael T.Gray,President of The Gray Insurance Company,and Cullen S.Piske,President of The Gray Casualty&Surety Company,personally known to me,being duly sworn,acknowledged that they signed the above Power of Attorney and affixed the seals of the companies as officers of,and acknowledged said instrument to be the voluntary act and deed,of their companies. 43u.tni ,I,?, Leigh Anne Henican Notary Public Notary ID No,92653 Lei Anne Henican gh Notary Public,Parish of Orleans State of Louisiana Orleans Parish,Louisiana My Commission is for Life I,Mark S.Manguno,Secretary of The Gray Insurance Company,do hereby certify that the above and forgoing is a true and correct copy of a Power of Attorney given by the companies,which is still in full force and effect.IN WITNESS WHEREOF,I have set my hand and affixed the seals of the Company this 30th day of October , 2023 I,Leigh Leigh Anne Henican,Secretary of The Gray Casualty&Surety Company,do hereby certify that the above and forgoing is a true and correct copy of a Power of Attorney given by the companies,which is still in full force and effect.IN WITNESS WHEREOF,I have set my hand and affixed the seals of the Company this 30th day of October ,2023 y•••'" er.. c., .4, ACK • LE ET 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 Diego On October 30, 2023 before me, Lauren Craig, Notary Public (insert name and title of the officer) personally appeared Matthew C. Gaynor 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. Oe EN AI WITNESS my hand and official seal. f/tt LAUR CR GNotary Public-California 88mo San Diego County Commismon 2439745 My Comm Expires Feb 28,2027 Signature e, -"/ / tee (Seal) ,..m,m,rm.7.mmm:r,7___77___ 1 1 , 1 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 1. document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. ,) State of California 1 County of Riverside S.S.s { 1 On N' :-., 1W 31 riol-S before me, Theresa Cath n Brennan, Nota Public ,I Name of Notary Poolic. 1 , ; lol personally appeared Brett Brennan 11 . r2, N/A Name of Signer(2) l' who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) ,I isiere subscribed to the within instrument and acknowledged to me that hefsheithey,executed the same in hisilierttheir authorized capacity(ies+ and that by histheritheir 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 ..,. /q.,,,,,,, THERESA CATHRYN BRENNAN I I of the State of California that the foregoing paragraph is true and correct. re' 14,,,,frm Notary Public•California A 1 z ' .41 Riverside County WITNESS my hand and official al. Mv4 Comm.Eyi!es Mat4t32Zit ; — - ,LAilsd— ,C), .4i OPTIONAL INFORMATION ' Although Description of Attached Document The preceding Certificate of Acknowledgment is attached to a Method of Signer Identification ;I document titled/for the purpose of Proved to me on the basis of satisfactory evidence: k 1 El form(s)of identification 0 credible witness(es) 1 containing pages,and dated________„____„„____— , Notarial event is detailed in notary journal on: Li r i , The signer(s)capacity or authority is/are as: Page# Entry# LI ID Individual(s) Notary contact: , ,! 1 D Attorney-in-fact ( 4 i [D Corporate Officer(s) Other l'H .._ 1 El Additional Signer D Signer(s)Thumbprints(s) i ! i 0 i i L l 1 0 Guardian/Conservator D Partner-Limited/General ,I ,..--, t...J Trustee(s) E1 Other: ' . I; .1 representing: Notary Learning You our web SECTION 1330 ORKERS' CO PENSATION INSU- • NCE CERTIFICATE In accordance with California Labor Code Section 1861, prior to commencement of work on the Contract, the Contractor shall sign and file with the City the following certification: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." S.. ----- in IP Title 0?_,_ 0-2-3 Date orkers' Compensation Insurance 1330-1 SECTION 1340 LIABILITY AND INSURANCE REQUIREMENTS 1.0 INDEMNIFICATION Contractor shall defend, indemnify and hold harmless the City and CVWD District, City Council and each member thereof, and every officer, employee, and agent of City, from any claim, demand, damage, liability, loss, cost, or expense (including, without limitation, attorney's fees and costs) arising from any intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of the Contractor, or any of the Contractor" employees, or any of its subcontractors arising out of work under this Contract. The City and CVWD District does not, and shall not, waive any rights that it may have against Contractor, any of the Contractor's employees, or any of its subcontractors under this Section because of the acceptance by the City and CVWD District, or the deposit with the City and CVWD District, of any insurance policy or certificate, required pursuant to this Contract. The hold harmless, indemnification, and duty to defend provisions of this Section shall apply regardless of whether or not said insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense described herein. The City will not be liable for any accident, loss, or damage to the work prior to its completion and acceptance. 2.0 INSURANCE REQUIREMENTS 2.1 General After award of contract, the Contractor shall promptly obtain, at its own expense, all the insurance required by Paragraph 1340-2.0, INSURANCE REQUIREMENTS, and shall submit coverage verification for review and approval by the City upon execution of the Contract. The Notice to Proceed with the Work under this Contract will not be issued, and the Contractor shall not commence work until such insurance has been approved by the City. The Contractor shall not allow any subcontractors to commence work on its subcontract until all similar insurance required of the subcontractor has been obtained and verified by the Contractor. Such insurance shall remain in full force and effect at all times during the prosecution of the Work and until the final completion and acceptance thereof. The Notice to Proceed does not relieve the Contractor of the duty to obtain such insurance as required by Paragraph 1340-2.0 INSURANCE REQUIREMENTS. Liability & Insurance Requirements 1340-1 2.2 Commercial General Liability Policy The Contractor shall take out and maintain during the life of the Contract, a Commercial General Liability Policy, on an occurrence basis, with a minimum limit of not less than One Million Dollars ($1,000,000) combined single limit for bodily injury and property damage for any one occurrence and a Two Million Dollar($2,000,000) annual project aggregate, for all of the following: a. Premises Operations, including Explosion, Collapse, and Underground (X, C, and U) Coverage. b. Completed Operations/Products, including X, C, and U Coverage. c. Independent Contractors. d. Blanket Contractual. e. Deductible shall not exceed One Thousand Dollars ($1,000). 2.3 Commercial Business Auto Policy The Contractor shall take out and maintain during the life of this Contract a Commercial Business Auto Policy, on an occurrence basis, with a minimum amount of not less than One Million Dollars ($1,000,000) combined single limit for bodily injury and property damage, providing at least all of the following coverage: a. Coverage shall be applicable to any and all leased, owned, hired, or non- owned vehicles used in pursuit of any of the activities associated with this Contract. b. Any and all mobile equipment, including cranes, which is not covered under said Commercial Business Auto Policy shall have said coverage provided for under the Commercial General Liability Policy. c. Deductible shall not exceed One Thousand Dollars ($1,000). 2.4 Workers' Compensation Insurance The Contractor shall take out and maintain during the life of the Contract, Worker's Compensation and Employers' Liability insurance providing coverage for any and all employees of Contractor: a. The required policy shall provide coverage for Workers' Compensation (Coverage A). b. This policy shall provide coverage for One Million Dollars ($1,000,000) Employers' Liability (Coverage B). Liability & Insurance Requirements 1340-2 2.5 Endorsements All of the following endorsements are required to be made a part of the policies described in this Section hereof: a. "The City and DWA, City employees and officers, the City Engineer, its consultants, elected officials, agents, and sub-consultants are hereby added as additional insured insofar as Work done under this Contract is concerned." b. "This policy shall be considered primary insurance as respects any other valid and collectible insurance, including self-insured retention, the City may possess, and any other insurance the City does possess shall be considered excess insurance only." c. "This insurance shall act for each insured, and additional insured, as though a separate policy had been written for each. This, however, will not act to increase the limit of liability of the insuring company. d. "Thirty (30) days prior written notice of cancellation shall be given to the City. Such notice shall be sent to: Kevin Biersack, Financial Services Director City of Cathedral City 68-700 Avenida Lalo Guerrero Cathedral City, CA 92234 2.6 Change in Terms The Contractor shall provide immediate written notice to the City of any change in terms and conditions and/or reduction in the coverage of any nature to the insurance policies. The notice shall be sent to the location identified in Paragraph 1340-2.6.d, Endorsements. The Contractor shall be obligated to pay any extra premium for maintaining the insurance requirements specified herein. - END OF SECTION 1300 - Liability & Insurance Requirements 1340-3