HomeMy WebLinkAboutContract - 06/26/2024 - 2079 SECTION 1300
CONTRACT
THIS CONTRACT, by and between the CITY OF CATHEDRAL CITY, a
municipal corporation, herein referred to as "City", and Contera Construction
Corporation 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 TROPICAL STORM HILARY — SOIL REMOVAL FOR OFELIA
BRINGAS MEMORIAL BRIDGE GRADE CONTROL STRUCTURE AND DATE
PALM BRIDGE CHANNEL LINING, CITY PROJECT NO. M00023, BID NO. B24-57E
(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 May
01, 2024, 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,
Certification for Contracts, Grants, Loans, and Cooperative Agreements, the
Contractor's Bid dated May 22, 2024, 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 100 Calendar 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
Two Million Six Hundred Ninety Thousand Five Hundred Twenty-One Dollars and
Zero Cents 2 690 521.00). 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 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
Agreement 1300-1
the Contractor shall forfeit as a penalty to the City the sum of Twenty-Five Dollars
($25.00) for each calendar day, or fraction thereof, for such workman paid by him or by
any subcontractor under him in violation of this provision (Sections 1770-1777, Labor
Code of California).
7. Concurrently with the execution of this Contract, Contractor shall furnish bonds of
a surety satisfactory to City, as provided in the Contract Documents, the cost of which
shall be paid by Contractor.
8. Contractor agrees to indemnify, hold harmless, release and defend (even if the
allegations are false, fraudulent, or groundless), to the maximum extent permitted by
law, the City, its City Council and each member thereof, and its officers, employees,
commission members, and representatives, from any and all liability, loss, suits, claims,
damages, costs, judgments and expenses (including attorney's fees and costs of
litigation) which in whole or in part are claimed to result from or to 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,
Agreement 1300-2
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. 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.
Agreement 1300-3
19. The Contractor shall maintain and preserve all such records for a period of at
least three years after termination of the Contract.
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.
23. The Parties agree that, in accordance with the City's Electronic Signature Use
Policy, adopted on August 10, 2023, and as amended thereafter, the Parties may
use electronic signatures to execute this document. Any use of electronic
signatures to execute this document shall comply with the City's Electronic Signature
Use Policy, and such signatures shall have the same force and effect as if this
Agreement were executed by hand. Signer acknowledges that it has had an
opportunity to request and review the City's Electronic Signature Use Policy, and
Signer agrees to comply with the Electronic Signature Use Poli-cy. Signer agrees to
indemnify, defend, and hold the City harmless from any claim, damage, or liability
associated with transmitting an electronic signature or an electronically signed record
by electronic transmission.
Agreement 1300-4
IN ITNESS HEREOF, the parties have executed this Contract as of the
dates stated below.
"CTY"
CITY OF CATHED- L CTY,
a California municipal corporation
e")
B • - ---T Dated: iAr c
Charles P. McClendon, City Manager
ATTEST:
\s-9 / t L i \ 113_1(22( (6,;,'') Dated: ( 2 2( (;)
Tracey R. ljeimosilld, CMC, City Clerk
APPROVED AS T. - • M:
Dated: 4 —
Eric Vail, City Attorney
"CONT- CTO
Dated: 1 -05- 2-0 By:
Name: tr
Title: C C
Dated: 0 - 2-1 By:
Name: eiz-rc,,,, itFA
Title: OP 44,47,-Th
[CONTRACTOR SGNATURES MUST BE NOTARIZED. IF CONTRACTOR IS A CORPORATION OR
LIMITED LIABILITY COMPANY, TWO SIGNATURES MUST BE PROVIDED.]
Agreement 1300-5
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CALIFORNIA ALL- PURPOSE !I
CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity .i
of the individual who signed the document to which this certificate is attached,
and not the truthfulness, accuracy, or validity of that document.
i'..1 il State of California }
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County of Riverside } i
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On 9th July 2024 before me, K.A.Eby, Notary Public
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(Here insert name and title cr the or cer)
personally appeared Jason Varela
who proved to me on the basis of satisfactory evidence to be the person( whose ,.
name(x) is/am subscribed to the within instrument and acknowledged to me that .11
he/ 0/t1ovg executed the same in hisiltaittlittt authorized capacity(106), and that by 1
his/1#141tPia signature(X) on the instrument the person(%), or the entity upon behalf of
which the person(s) acted, executed the instrument.
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I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct. tk
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WITNESS my hatid and official seal.
COMM.
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N01.1YaliC Signature le \ (Notary Public Seal)
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INSTRUCTIONS FOR COMPLETING THIS FORM r i ADDITIONAL OPTIONAL INFORMATION This
form complies with current California statutes regarding notary wording and 11
DESCRIPTION OF THE ATTACHED DOCUMENT if needed should be completed and attached to the document.Acknowledgments
from other stales may be completedfor documents being sent to that state so long
as the wording does not require the California notary to violate California notary
law.
1), (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.
n' • Date of notarization must be 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 l'!
Number of Pages Document Date commission followed by a comma and then your title(notary public).
• Print the name(s) of document signer(s)who personally appear at the time of
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CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e.,
heisheitheyr is irge)or circling the correct forms.Failure to correctly indicate this t'
D Individual (s) information may lead to rejection of document recording.
0 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 ll
(Title) sufficient area permits,otherwise complete a different acknowledgment form.
E Partner(s) • Signature of the notary public must match the signature on file with the office of
the county clerk. I E? Attorney-in-Fact •:. Additional information is not required but could help to ensure this 0
0 Trustee(s) acknowledgment is not misused or attached to a different document.
+ Indicate title or type of attached document,number of pages and date.
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Other1E
4. Indicate the capacity claimed by the signer.If the claimed capacity is a
corporate officer,indicate the title(i.e.CEO,CFO,Secretary).
• Securely attach this document to the signed document with a staple. f‘
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111 CALIFORNIA ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDG ENT
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, l'
and not the truthfulness, accuracy, or validity of that document.
I) ,
11 State of California }
County of Riverside } I
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On 9th July 2024 before me, K.&Eby,Notary Public
(Mere insert name and tide o the o'-cell , If
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[l', personally appeared Eric Scheafer
who proved to me on the basis of satisfactory evidence to be the person(g)whose
name(s) is/aa subscribed to the within instrument and acknowledged to me that it
he/ WD:ow executed the same in his/WM&authorized capacity(1 ), and that by
his/11%41910(signature(X) on the instrument the person(s), or the entity upon behalf of
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which the person(x) acted, executed the instrument.
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I certify under PENALTY OF PERJURY under the laws of the State of California that t r
the foregoing paragraph is true and correct.
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WITNESS my hind and o " I seal.
t5(24:.,kwz, ,fKA COMM.#2333693 --4,_i i / ,f‘p.eze,: 1 NOTARY PUHL1C CAL*FORMA ,U I
, / '*4- "' •k RiVERSME COUNTY '',4
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Nialfii Pulll Signatuin1
( (Notary Public Seal)
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INSTRUCTIONS FOR COMPLETING THIS FORM
I ADDITIONAL OPTIONAL INFORMATION This firm complies with current California statutes regarding notary wording..4
DESCRIPTION OF THE ATTACHED DOCUMENT if needed should be completed and attached to the document Acknowledgments !il
from other states may be conwletedfor documents being sent to that state so long !!`
as the wording does not I'VqUiTe the California notary to violate California notary
law. I 0
(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 be the date that the signer(s)personally appeared which 111
i I'l (Title or description of attached document continued) must also be the same date the acknowledgment is completed.
11,
• 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). 1,
• Print the name(s) of document signer(s) who personally appear at the time of
notarization. li
CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. 11
heisheitit-eyr.is/at.)or circling the correct forms.Failure to correctly indicate this
El Individual (s) information may lead to rejection of document recording.LI Corporate Officer • The notary seal impression must be clear and photographically reproducible. t'
Impression must not cover text or tines.If seal impression smudges,re-seal if a 11
sufficient area permits,otherwise complete a different acknowledgment form.
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0 Partner(s) • Signature of the notary public must match the signature on file with the office of 1,
the county clerk.
11' [5 Attorney-in-Fact + Additional information is not required but could help to ensure this $,
[1' D Trustee(s) acknowledgment is not misused or attached to a different document. i
Other
+ Indicate title or type of attached document,number of pages and date.
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+ Indicate the capacity claimed by the signer.If the claimed capacity is a ''1
il corporate officer,indicate the title(i.e_CEO,CFO,Secretary).
• Securely attach this document to the signed document with a staple.
ff't2J.n,,I.,iimr___cccmcci mccEciciuiiuicii,,cmoommamai t'cuuum—77:77----7-
Bond# 0837100
Premium: $30,405
SECTION 1310
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT the City of Cathedral City, a municipal corporation, hereinafter designated
the City, has, on June 26, 2024, awarded to Contera Construction Corporation,
hereinafter designated as the Principal, a Contract for TROPICAL STORM HILARY —
SOIL REMOVAL FOR OFELIA BRINGAS MEMORIAL BRIDGE GRADE CONTROL
STRUCTURE AND DATE PALM BRIDGE CHANNEL LINING, CITY PROJECT NO.
M00023, BID NO. B24-57E 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 Harco National Insurance Company ,
as Surety, are held and firmly bound unto the City in the just and full amount of Two
Million Six Hundred Ninety Thousand Five Hundred Twenty-One Dollars and Zero
Cents ($2,690,521.00) lawful money of the United States, for the payment of which sum
well and truly to be made, we bind ourselves, our heirs, executors, 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
I EENESS HE EOF, the Principal and urety have executed this instrument
under their ',ale this #ffl day of differ 2024, e name and cor tte
seal of each corgis tte pa being hereto affixed and those presents duly signed by its
undersigned -presentative, pursuant toll re authoril of its governing body.
Ca ters Construction Corporation Tau
Prlacip
(Seal)
Signature for rincipal
Jason Varela, CFO
Title of Signatory
Hared National Insurance Company
Surety
(Seal)
St,nature for Surfs
Timothy C. Baker, Attomey-in-Fact
Title of Signatory
2400 E. Batelle Ave#250 Anaheim, CA 92806
Address of Surety
714-602-9170 Surety_ 9E1-553-7400 Agent
Phones*of Surety
Karen A. Eby
Contact-Person For Surety
Faithful Perfo ance ond 1310-2
POWER OF ATTORNEY Bond# 0837100
HARCO NATIONAL INSURANCE COMPANY
INTERNATIONAL FIDELITY INSURANCE COMPANY
Member companies of IAT Insurance Group, Headquartered:4200 Six Forks Rd,Suite 1400, Raleigh, NC 27609
KNOW ALL MEN BY THESE PRESENTS:That HARCO NATIONAL INSURANCE COMPANY,a corporation organized and existing under the laws of
the State of Illinois,and INTERNATIONAL FIDELITY INSURANCE COMPANY,a corporation organized and existing under the laws of the State of New
Jersey,and having their principal offices located respectively in the cities of Rolling Meadows, Illinois and Newark,New Jersey,do hereby constitute and
appoint
TIMOTHY C. BAKER, ASHLEY N. BAKER, KAREN A. EBY, KYLE T. BAKER
Murrieta, CA
their true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of
indemnity and other writings obligatory in the nature thereof,which are or may be allowed,required or permitted by law,statute,rule, regulation,contract
or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said HARCO NATIONAL
INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY,as fully and amply,to all intents and purposes,as if the same had
been duly executed and acknowledged by their regularly elected officers at their principal offices.
This Power of Attorney is executed,and may be revoked,pursuant to and by authority of the By-Laws of HARCO NATIONAL INSURANCE COMPANY
and INTERNATIONAL FIDELITY INSURANCE COMPANY and is granted under and by authority of the following resolution adopted by the Board of
Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 13th day of December,2018 and by the Board of
Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December,2018.
"RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Senior Vice President, Vice President, or Secretary of the
Corporation shall have the power to appoint,and to revoke the appointments of,Attorneys-in-Fact or agents with power and authority as defined or limited
in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings,
recognizances,contracts of indemnity and other written obligations In the nature thereof or related thereto; and (2)any such Officers of the Corporation
may appoint and revoke the appointments of joint-control custodians, agents for acceptance of process, and Attorneys-in-fact with authority to execute
waivers and consents on behalf of the Corporation;and (3)the signature of any such Officer of the Corporation and the Corporation's seal may be affixed
by facsimile to any power of attorney or certification given for the execution of any bond, undertaking,recognizance,contract of indemnity or other written
obligation in the nature thereof or related thereto,such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the
Corporation as the original signature of such officer and the original seal of the Corporation,to be valid and binding upon the Corporation with the same
force and effect as though manually affixed,"
IN WITNESS WHEREOF,HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL
FIDELITY INSURANCE COMPANY have each executed and attested these presents
on this 31st day of December,2023
e,INS(„p„,,
0.tATY
46, STATE OF NEW JERSEY STATE OF ILLINOIS z" VoiRdi".
q?" County of Essex County of Cook
;E A 1:41:17
CP SEAL el
ryl
12,1904.e. za ;0't vtaa ,rar:
.14, Nei
Kenneth Chapman
Executive Vice President,Harco National Insurance Company — ).•
and International Fidelity Insurance Company
On this 31st day of December,2023 ,before me came the individual who executed the preceding instrument,to me personally known,and,
being by me duly sworn,said he is the therein described and authorized officer of HARCO NATIONAL INSURANCE COMPANY and
INTERNATIONAL FIDELITY INSURANCE COMPANY;that the seals affixed to said instrument are the Corporate Seals of said Companies;that the
said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies,
0041.4i11,1,44
K1HY IN TESTIMONY WHEREOF,I have hereunto set my hand affixed my Official Seal,at the City of Newark,
/ Cir..•°•^•. New Jersey the day and year first above written.
.,,.:vosio4;•2,51
I s
N 0 TA Y
*Iir, PUBLIC 47;
ti
No Cathy Cruz a Notary Public of New Jersey
4-otero lost woo-s My Commission Expires April 16,2024
CERTIFICATION
I,the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify
that I have compared the foregoing copy of the Power of Attorney and affidavit,and the copy of the Sections of the By-Laws of said Companies as set
forth in said Power of Attorney,with the originals on file in the home office of said companies,and that the same are correct transcripts thereof,and of the
whole of the said originals,and that the said Power of Attorney has not been revoked and is now in full force and effect.
IN TESTIMONY WHEREOF, I have hereunto set my hand on this day, July 09,2024
A02722
Irene Martins,Assistant Secretary
Bond# 0837100
SECTION 1320
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT the City of Cathedral City, a municipal corporation, hereinafter designated
the City, has, on June 26, 2024, awarded to Contera Construction Corcoraion,
hereinafter designated as the Principal, a Contract for TROPICAL STORM HILARY —
SOIL REMOVAL FOR OFELIA BRINGAS MEMORIAL BRIDGE GRADE CONTROL
STRUCTURE AND DATE PALM BRIDGE CHANNEL LINING, CITY PROJECT NO.
M00023, BID NO. B24-57E 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 Harco National Insurance Company,
as Surety, are held and firmly bound unto the City in the just and full amount of Two
Million Six Hundred Ninety Thousand Five Hundred Twenty-One Dollars and Zero
Cents 42,690,521.04 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 9th day of July , 2024, the name arid
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.
a Construction Corporation
Princ* al
(Seal)
Sig nature f Principal
Jason Varela, CFO
Title of Signatory
Harco National Insurance Company
Surety
(Seal)
Signature for Surety
Timothy C. Baker, Attorney-in-Fact
Title of Signatory
2400 E. Katella Ave#250 Anaheim, CA 92806
Address of Surety
714-602-9170 Surety 951-553-7400 Agent
Phone#of Surety
Karen A. Eby
Contact Person For Surety
Payment ond 1320-2
POWER OF ATTORNEY Bond# 0837100
HARCO NATIONAL INSURANCE COMPANY
INTERNATIONAL FIDELITY INSURANCE COMPANY
Member companies of IAT Insurance Group, Headquartered:4200 Six Forks Rd,Suite 1400, Raleigh, NC 27609
KNOW ALL MEN BY THESE PRESENTS:That HARCO NATIONAL INSURANCE COMPANY,a corporation organized and existing under the laws of
the State of Illinois,and INTERNATIONAL FIDELITY INSURANCE COMPANY,a corporation organized and existing under the laws of the State of New
Jersey,and having their principal offices located respectively in the cities of Rolling Meadows,Illinois and Newark,New Jersey,do hereby constitute and
appoint
TIMOTHY C. BAKER, ASHLEY N. BAKER, KAREN A. EBY, KYLE T. BAKER
Murrieta, CA
their true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of
indemnity and other writings obligatory in the nature thereof,which are or may be allowed,required or permitted by law,statute,rule,regulation,contract
or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said HARCO NATIONAL
INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY,as fully and amply,to all intents and purposes,as if the same had
been duly executed and acknowledged by their regularly elected officers at their principal offices.
This Power of Attorney is executed,and may be revoked,pursuant to and by authority of the By-Laws of HARCO NATIONAL INSURANCE COMPANY
and INTERNATIONAL FIDELITY INSURANCE COMPANY and is granted under and by authority of the following resolution adopted by the Board of
Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 13th day of December,2018 and by the Board of
Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December,2018.
"RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Senior Vice President, Vice President, or Secretary of the
Corporation shall have the power to appoint,and to revoke the appointments of,Attorneys-in-Fact or agents with power and authority as defined or limited
in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings,
recognizances,contracts of indemnity and other written obligations in the nature thereof or related thereto; and(2)any such Officers of the Corporation
may appoint and revoke the appointments of joint-control custodians,agents for acceptance of process, and Attorneys-in-fact with authority to execute
waivers and consents on behalf of the Corporation;and(3)the signature of any such Officer of the Corporation and the Corporation's seal may be affixed
by facsimile to any power of attorney or certification given for the execution of any bond,undertaking,recognizance,contract of indemnity or other written
obligation in the nature thereof or related thereto,such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the
Corporation as the original signature of such officer and the original seal of the Corporation,to be valid and binding upon the Corporation with the same
force and effect as though manually affixed."
IN WITNESS WHEREOF,HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL
FIDELITY INSURANCE COMPANY have each executed and attested these presents
on this 31st day of December,2023
04
STATE OF NEW JERSEY STATE OF ILLINOIS ,:'snr s, e -le •
449:4/A VA County of Essex County of Cook ttOt%
UAL t'6
yr%
SEAL
uts4,00%44rNak'4 4
S'1*,10C4 11* Kenneth Chapman b."*.
""
Executive Vice President,Harco National Insurance Company
and International Fidelity Insurance Company
On this 31st day of December,2023 ,before me came the individual who executed the preceding instrument,to me personally known,and,
being by me duly sworn,said he is the therein described and authorized officer of MARCO NATIONAL INSURANCE COMPANY and
INTERNATIONAL FIDELITY INSURANCE COMPANY;that the seals affixed to said instrument are the Corporate Seals of said Companies;that the
said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies.
IN TESTIMONY WHEREOF,I have hereunto set my hand affixed my Official Seal,at the City of Newark,
"V*1;4—!?.N.C.,
„ • "sro,•,•• New Jersey the day and year first above written.
'•>
NOTARY
IA PUBLIC RI i
Trk a .1 4.I. ell:tie, 01167
•;40
oF si•-ssS Cathy Cruz a Notary Public of New Jersey
, My Commission Expires April 16,2024
CERTIFICATION
I,the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify
that I have compared the foregoing copy of the Power of Attorney and affidavit,and the copy of the Sections of the By-Laws of said Companies as set
forth in said Power of Attorney,with the originals on fife in the home office of said companies,and that the same are correct transcripts thereof,and of the
whole of the said originals,and that the said Power of Attorney has not been revoked and is now in full force and effect.
IN TESTIMONY WHEREOF,I have hereunto set my hand on this day, July 09,2024
A02722 1:6641.71
Irene Martins,Assistant Secretary
- „
1, t,
i
CALIFORNIA ALL- PURPOSE
li
CERTIFICATE OF ACKNO LEDG ENT
,
Il i,
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 }
?i !
County of Riverside }
k ,'
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li
On 9th July 2024 before me, K.A.Eby, Notary Public
\I
(Here insert name and idle of the°Howl
' 1
personally appeared Jason Varela
who proved to me on the basis of satisfactory evidence to be the person( whose
nn,
name(s) is/ subscribed to the within instrument and acknowledged to me that IQ
heNixiilor4 executed the same in his/1100.W authorized capacity(106), and that by
his/het/1W signature( on the instrument the person(x), or the entity upon behalf of
which the person(x) acted, executed the instrument,
1 ,
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
fl,
p tfWITNES mydand offiial seal. f.
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, u NOTARY PURL FC CALIFORNIA
,,, Antessori COUNTY '
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Notary Public Signature , (Notary Public Seal)
th Ns,„,
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nr INSTRUCTIONS FOR COMPLETING THIS FORM
ADDITIONAL OPTIONAL INFORMATION This
form complies with current California statutes regarding notary wording and
DESCRIPTION OF THE ATTACHED DOCUMENT if needed should be completed raid attached to the document Acknowledgments
from other slates may be completedfor documents being sent to that state so long ;
as the wording does not require the California notary to violate California notary
law. 8,
(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_ r;
(Title or description of attached dominant continued) • Date of notarization must be the date that the signer(s)personally appeared which (1
must also be the same date the acknowledgment is completed.
r, il
• The notary public must print his or her name as it appears within his or her rp
Number of Pages Document Date commission followed by a comma and then your title(notary public). ' 1
• Print the name(s) of document signer(s)who personally appear at the time of.„_.
notarization.
CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e.
hatsheitheyr is/am)or circling the correct forms.Failure to correctly indicate this
LI Individual (5) 41 information may lead to rejection of document recording,
f, El Corporate Officer • The notary seal impression must be clear and photographically reproducible.
13 Impression must not cover text or lines.If seal impression smudges,re-seal if a 1!
(TnIe) sufficient area permits,otherwise complete a different acknowledgment form.
11
E] Partner(s) • Signature of the notary public must match the signature on file with the office of
the county clerk. 'si
IP n Attorney-in-Fact 1 ,r
•:. Additional information is not required but could help to ensure this
acknowledgment is not misused or attached to a different document.L] Trustee(s)
4, Indicate title or type of attached document,number of pages and date. 1
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)
• Securely attach this document to the signed document with a staple.
il
,..4,,mtemee eemeeeo to one
t 1 r 4'.4),srosf44141121m0104 — -- y ,y ,,
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CALIFORNIA ALL- PURPOSE
CERTIFICATE OF ACKNO 1 LEDG ' ENT
,at ,
A notary public or other officer completing this certificate verifies only the identity
I
i, of the individual who signed the document to which this certificate is attached,
and not the truthfulness, accuracy, or validity of that document. ?,
d
State of California 1 [y
rl 'ti
11
County of Riverside } J
1 I ,
v
On 9th July 2024 before me, K.A.Eby, Notary Public , '1
1 (Here insert name end title of the offfeeil
personally appeared Jason Varela
[
who proved to me on the basis of satisfactory evidence to be the person(6) whose
name(x) is/am subscribed to the within instrument and acknowledged to me that
hei0x/tkvey executed the same in hisitiet/tikaik authorized capacityp ), and that by
i
hisillittitlia signature(s) on the instrument the person(%), or the entity upon behalf of
1 1
which the person( ) acted, executed the instrument.
I y,,
1,
tY E;k
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct. 1
si
v.: #1,,..2,444 .,;. ...010M.#2333693 --Er
WITNESS my hand and_clfahseal.
Y-- r ' ' '''''Y'r) NOTANY PILMI.te GALIFOON4A
,1
I , .14.: .60,CarnM.expirterc API LIMN ta,iti
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Notary Publi,Signature (Notary Public Seal) e
0,
INSTRUCTIONS FOR COMPLETING THIS FORM
ADDITIONAL OPTIONAL M INFORATION This
,.. firm complies with current California statutes regarding notary wording and
DESCRIPTION OF THE ATTACHED DOCUMENT if needed should be completed and attached to the document.Acknowledgments
from other states may be completed for documents being sent to that stale so long
as the wording does not require the California notary to violate California 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 H
• Date of notarization must be 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. il
• The notary public must print his or her name as it appears within his or her
141 Number of Pages Document Date commission followed by a comma and then your title(notary public).
• Print the name(s) of document signer(s) who personally appear at the time of §,
notarization.
CAPACITY CLAIMED BY THE SIGNER
• Indicate the correct singular or plural forms by crossing of'incorrect forms(i.e.
.,,
hialsheltheyr is/ere)or circling the correct forms.Failure to correctly indicate this 11
ID Individual (s)
information may lead to rejection of document recording.
D 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
--Mile) 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
) i
the county clerk.
C5 Attorney-in-Fact
4* Additional information is not required but could help to ensure this ,.
li Li Trustee(s) acknowledgment is not misused or attached to a different document.
Li Other •:. 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
corporate officer,indicate the title(i.e.CEO,CFO,Secretary). ‘1
• Securely attach this document to the signed document with a staple. 41
seam sews ssseraassarsre4424444M;t1 M
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."
/
(Signature
Title
, # ' —
Date
orkers' Compensation Insurance 1330-1
SECTION 1340
LIABILITY AND INSURANCE REQUIREMENTS
1.0 INDEMNIFICATION
Contractor shall defend, indemnify and hold harmless the City, 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 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, or the deposit with the City,
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 orkers' 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, 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.
Liability & Insurance Requirements 1 I-
44 C.F.R.PART 18-CERTIFICATION REGARDING LOBBYING
Certification for Contracts,Grants,Loans,and Cooperative Agreements
The undersigned certifies,to the best of his or her knowledge and belief,that:
1. No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person
for influencing or attempting to influence an officer or employee of an agency,a Member of Congress,an officer or
employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative
agreement,and the extension,continuation,renewal,amendment,or modification of any Federal contract,grant,loan,
or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing
or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or
cooperative agreement,the undersigned shall complete and submit Standard Form-LLL,"Disclosure Form to Report
Lobbying,"in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the award documents for all
subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative
agreements)and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made
or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed
by section 1352,title 31,U.S. Code.Any person who fails to file the required certification shall be subject to a civil
penalty of not less than$10,000 and not more than$100,000 for each such failure.
f ."--- Cal •
The Contractor, CAD1-44-Ar• 'A ertifies or firms the truthfulness and accuracy of each statement of
its certifi ' n and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31
U.S. '. hap.. 8,Administrative Remedies for False Claims and Statements,apply to this certification and disclosure,
i-,ny.
----1
/
Signature f Contractor's Authorized Official
1
, .
Name and Title of Contractor's Authorized Official
z,
Date
)-7- os--- -
Certification for Contracts,Grants,Loans,and Cooperative Agreements 1350-1
1. Equal Employment Opportunity
During thwerformance of this contract,the contractor agrees as follows:
(1) The Contractor will not discriminate against any employee or applicant for employment because of race,
color,religion,sex,sexual orientation,gender identity,or national origin.The Contractor will take affirmative action
to ensure that applicants are employed,and that employees are treated during employment without regard to their race,
color,religion,sex,sexual orientation,gender identity,or national origin.Such action shall include,but not be limited
to the following:
Employment,upgrading,demotion,or transfer;recruitment or recruitment advertising;layoff or termination;
rates of pay or other forms of compensation; and selection for training, including apprenticeship. The
Contractor agrees to post in conspicuous places, available to employees and applicants for employment,
notices to be provided setting forth the provisions of this nondiscrimination clause.
(2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the
contractor, state that all qualified applicants will receive consideration for employment without regard to race,color,
religion,sex,sexual orientation,gender identity,or national origin.
(3) The Contractor will not discharge or in any other manner discriminate against any employee or applicant for
employment because such employee or applicant has inquired about,discussed,or disclosed the compensation of the
employee or applicant or another employee or applicant. This provision shall not apply to instances in which an
employee who has access to the compensation information of other employees or applicants as a part of such
employee's essential job functions discloses the compensation of such other employees or applicants to individuals
who do not otherwise have access to such information,unless such disclosure is in response to a formal complaint or
charge,in furtherance of an investigation,proceeding,hearing,or action,including an investigation conducted by the
employer,or is consistent with the contractor's legal duty to furnish information.
(4) The Contractor will send to each labor union or representative of workers with which he has a collective
bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or
workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in
conspicuous places available to employees and applicants for employment.
(5) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965,and of the
rules,regulations,and relevant orders of the Secretary of Labor.
(6) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24,
1965,and by rules,regulations,and orders of the Secretary of Labor,or pursuant thereto,and will permit access to his
books,records,and accounts by the administering agency and the Secretary of Labor for purposes of investigation to
ascertain compliance with such rules,regulations,and orders.
(7) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with
any of the said rules, regulations, or orders,this contract may be canceled, terminated, or suspended in whole or in
part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction
contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965,and such other
sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965,or by
rule,regulation,or order of the Secretary of Labor,or as otherwise provided by law.
(8) The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the
provisions of paragraphs(1)through(8)in every subcontract or purchase order unless exempted by rules,regulations,
or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965,
so that such provisions will be binding upon each subcontractor or vendor.The Contractor will take such action with
respect to any subcontract or purchase order as the City may direct as a means of enforcing such provisions,including
sanctions for noncompliance:
Provided,however,that in the event a contractor becomes involved in, or is threatened with,litigation with
a subcontractor or vendor as a result of such direction by the administering agency,the contractor may request
the United States to enter into such litigation to protect the interests of the United States.
The City further agrees that it will be bound by the above equal opportunity clause with respect to its own employment
practices when it participates in federally assisted construction work: Provided,That if the City so participating is a
Certification for Contracts,Grants,Loans,and Cooperative Agreements 1350-2
State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or
subdivision of such government which does not participate in work on or under the contract.
The City agrees that it will assist and cooperate actively with the Secretary of Labor in obtaining the compliance of
contractors and subcontractors with the equal opportunity clause and the rules,regulations,and relevant orders of the
Secretary of Labor,that it will furnish the administering agency and the Secretary of Labor such information as they
may require for the supervision of such compliance,and that it will otherwise assist the administering agency in the
discharge of the agency's primary responsibility for securing compliance.
The City further agrees that it will refrain from entering into any contract or contract modification subject to Executive
Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for,
Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out
such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and
subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive
Order. In addition,the applicant agrees that if it fails or refuses to comply with these undertakings,the administering
agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant
(contract,loan,insurance,guarantee);refrain from extending any further assistance to the applicant under the program
with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received
from such applicant;and refer the case to the Department of Justice for appropriate legal proceedings.
2. Compliance with Contract Work Hours and Safety Standards Act
(1) Overtime requirements.No contractor or subcontractor contracting for any part of the contract work which may
require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in
any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless
such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for
all hours worked in excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in
paragraph(1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid
wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done
under contract for the District of Columbia or a territory,to such District or to such territory),for liquidated damages.
Such liquidated damages shall be computed with respect to each individual laborer or mechanic,including watchmen
and guards,employed in violation of the clause set forth in paragraph(1)of this section,in the sum of$27 for each
calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty
hours without payment of the overtime wages required by the clause set forth in paragraph(1)of this section.
(3) Withholding for unpaid wages and liquidated damages.The City shall upon its own action or upon written request
of an authorized representative of the Department of Labor withhold or cause to be withheld,from any moneys payable
on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract
with the same prime contractor,or any other federally-assisted contract subject to the Contract Work Hours and Safety
Standards Act,which is held by the same prime contractor,such sums as may be determined to be necessary to satisfy
any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause
set forth in paragraph(b)(2)of this section.
(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph
(1)through(4)of this section and also a clause requiring the subcontractors to include these clauses in any lower tier
subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier
subcontractor with the clauses set forth in paragraphs(1)through(4)of this section.
3. Clean Air Act
The Contractor agrees to comply with all applicable standards,orders or regulations issued pursuant to the Clean Air
Act,as amended,42 U.S.C. § 7401 et seq.
The Contractor agrees to report each violation to the City and understands and agrees that the City will,in turn,report
each violation as required to assure notification to the Federal Emergency Management Agency,and the appropriate
Environmental Protection Agency Regional Office.
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The Contractor agrees to include these requirements in each subcontract exceeding$150,000 financed in whole or in
part with Federal assistance provided by FEMA.
4. Federal Water Pollution Control Act
The Contractor agrees to comply with all applicable standards,orders, or regulations issued pursuant to the Federal
Water Pollution Control Act,as amended,33 U.S.C. 1251 et seq.
The Contractor agrees to report each violation to the City and understands and agrees that the City will,in turn,report
each violation as required to assure notification to the Federal Emergency Management Agency,and the appropriate
Environmental Protection Agency Regional Office.
The Contractor agrees to include these requirements in each subcontract exceeding$150,000 financed in whole or in
part with Federal assistance provided by FEMA.
5. Suspension and Debarment
This contract is a covered transaction for purposes of 2 C.F.R.pt. 180 and 2 C.F.R.pt. 3000.As such,the Contractor
is required to verify that none of the Contractor's principals(defined at 2 C.F.R. § 180.995)or its affiliates(defined
at 2 C.F.R. § 180.905)are excluded(defined at 2 C.F.R. § 180.940)or disqualified(defined at 2 C.F.R. § 180.935).
The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R.pt. 3000, subpart C,and must include a
requirement to comply with these regulations in any lower tier covered transaction it enters into.
This certification is a material representation of fact relied upon by City. If it is later determined that the Contractor
did not comply with 2 C.F.R.pt. 180,subpart C and 2 C.F.R.pt.3000,subpart C,in addition to remedies available to
City, the Federal Government may pursue available remedies, including but not limited to suspension and/or
debarment.
The Contractor agrees to comply with the requirements of 2 C.F.R.pt. 180, subpart C and 2 C.F.R.pt. 3000,subpart
C while this offer is valid and throughout the period of any contract that may arise from this offer. The Contractor
further agrees to include a provision requiring such compliance in its lower tier covered transactions.
6. Procurement of Recovered Materials
In the performance of this contract, the Contractor shall make maximum use of products containing recovered
materials that are EPA-designated items unless the product cannot be acquired
1. Competitively within a timeframe providing for compliance with the contract performance schedule;
2. Meeting contract performance requirements;or
3. At a reasonable price.
Information about this requirement,along with the list of EPA-designated items,is available at EPA's Comprehensive
Procurement Guidelines web site,https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program.
The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste
Disposal Act."
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7. Access to Records
The Contractor agrees to provide City,the FEMA Administrator,the Comptroller General of the United States,or any
of their authorized representatives access to any books, documents,papers, and records of the Contractor which are
directly pertinent to this contract for the purposes of making audits,examinations,excerpts,and transcriptions.
The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts
and transcriptions as reasonably needed.
The Contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or
other work sites pertaining to the work being completed under the contract.
In compliance with the Disaster Recovery Act of 2018, the City and the Contractor acknowledge and agree that no
lan .ge in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the
Comptroller General of the United States.
8. DHS Seal,Logo,and Flags
The Contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency
officials without specific FEMA pre-approval.
9. Compliance with Federal Law,Regulations,and Executive Orders
This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract.The
Contractor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures,
and directives.
10. No Obligation by Federal Government
The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-
Federal entity,contractor,or any other party pertaining to any matter resulting from the contract.
11. Program Fraud and False or Fraudulent Statements or Related Acts
The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements)
applies to the Contractor's actions pertaining to this contract.
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