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HomeMy WebLinkAboutContract 1729 6-11-)-1 SECTION 1300 AGREEMENT THIS CONTRACT, by and between the CITY OF CATHEDRAL CITY, a municipal corporation, herein referred to as "City,and MATICH 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 McCALLUM WAY & 30T" AVENUE PAVEMENT REHABILITATION, Bid No. B17-04E, Project No. CIP 8864 & 8867 (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 June 17,2016, 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 July 26,2016,and any addenda thereto(the"Contract Documents")all of which shall be considered a part hereof as though fully set herein. Should any provisions of Contractor's Bid be in conflict with the Notice Inviting Bids, Specifications, or this Contract, then the provisions of said Contract, Specifications, and Invitation to Bid shall be controlling, in that order of precedence. The time frames for construction work shall be in accordance with those specified in the Contractor's Bid. 2. Contractor will comply with all Federal, State,County,and City of Cathedral City Municipal Code, which are,as amended from time to time, incorporated herein by reference. 3. All work shall be done in a manner satisfactory to the City Engineer. 4. 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 base consideration of TWO MILLION FOUR HUNDRED SIXTY-FOUR THOUSAND AND 00/100 CENTS($2,464,000.00). 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 Specifications. 6. The Contractor shall not knowingly pay less than the general prevailing rate for per diem wages, as determined by the State of California Department of Industrial Relations and referred to in the Invitation to Bid, to any workman employed for the work to be performed under this contract;and the Contractor shall forfeit as a penalty to the City the sum of Twenty-Five Dollars($25.00)for each calendar day,or fraction thereof, for such workman paid by him or by any subcontractor under him in violation of this provision (Sections 1770-1777, Labor Code of California). 7. Concurrently with the execution of this Contract, Contractor shall furnish bonds of a surety satisfactory to City, as provided in said Specifications or Invitation to Bid, 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. Agreement 1300-1 Addendum No.1 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 said Specifications. This insurance shall be kept in full force and effect by Contractor during this entire contract and all premiums thereon shall be promptly paid by it. Each policy shall further state that it cannot be canceled without 30 days unconditional written notice to the City and shall name the City as an additional insured. Contractor shall furnish evidence of having in effect, and shall maintain Workers Compensation Insurance coverage of not less than the statutory amount or otherwise show a certificate of self-insurance, in accordance with the Workers Compensation laws of the State of California. Failure to maintain the required amounts and types of coverage throughout the duration of this Contract shall constitute a material breach of this Contract. 10. Contractor shall forfeit as a penalty to City $25.00 for each laborer, workman, or mechanic employed in the execution of this Contract by said Contractor, or any subcontractor under it,upon any of the work herein mentioned,for each calendar day during which such laborer,workman,or mechanic is required or permitted to work at other than a rate of pay provided by law for more than 8 hours in any one calendar day and 40 hours in any one calendar week,in violation of the provisions of Sections 1810-1815 of the Labor Code of the State of California. 11. In accepting this Contract, Contractor certifies that in the conduct of its business it does not deny the right of any individual to seek, obtain and hold employment without discrimination because of race, religious creed,color,national origin,ancestry,physical handicap,medical condition,marital status,sex or age 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 and more than 20 calendar days duration,that apprentices will be employed without discrimination in an approved program in a ratio established in the apprenticeship standards of the craft involved(Sections 1777.5 and 1777.6,Labor Code of California). Contractors who willfully fail to comply will be denied the right to bid on public projects for a period of six months in addition to other penalties provided by law. 13. This Contract shall not be assignable by Contractor without the written consent of City. 14. Contractor shall notify the City Engineer (in writing) forthwith when the Contract is deemed completed. 15. In accepting this Contract,Contractor certifies that no member or officer of the firm or corporation is an officer or employee of the City except to the extent permitted by law. 16. Contractor certifies that it is the holder of any necessary California State Contractor's License and authorized to undertake the above work. 17. The City,or its authorized auditors or representatives,shall have access to and the right to audit and reproduce any of the Contractor records to the extent the City deems necessary to insure it is receiving all money to which it is entitled under the contract and/or is paying only the amounts to which Contractor is properly entitled under the Contract or for other purposes relating to the Contract. 18. The Contractor shall maintain and preserve all such records for a period of at least three years after termination of the contract. 19. The Contractor shall maintain all such records in the City of Cathedral City. If not,the Contractor shall,upon request,promptly deliver the records to the City or reimburse the City for all reasonable and extra costs incurred in conducting the audit at a location other than at City offices including,but not limited to, such additional (out of the City)expenses for personnel,salaries,private auditors,travel,lodging,meals and overhead. 20. The further terms,conditions,and covenants of the Contract are set forth in the Contract Documents, each of which is by this reference made a part hereof. Agreement 1300-2 Addendum No.1 IN WITNESS WHEREOF,the parties have executed this Agreement as of the dates stated below. "CITY" CITY OF CATHEDRAL CITY, a California municipal corporation By: Dated: J 2 'i Charles P.McClendon,City Manager ATTEST: _5:At? ..-- 4-- Dated: 01'Z[o -))11— Gary F.Howell,City Clerk APPROVED AS I FO'. : -,0111" Dated: / 7--/ 7 Eric S.Vail City Attorney "CONTRACTOR" Dated:3/I 5j VW 7 By: ,, et/ii h Name: Robert M.Matich Title: Vice Resident / /7 # Dated:3 I y 5 2oi 7- By: / �L // J Name: Randall S.Valadez 4110 Title: Secretary, Treasurer "CONTRACTOR" (If corporation,affix seal) Agreement 1300-3 Addendum No.1 Bond Number: 24072668 Executed in Duplicate Premium: $15,848.00 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 7/3/17 awarded to MATICH CORPORATION, hereinafter designated as the Principal, a Contract for Bid No. B17-04E Project No.CIP 8864&8867,McCallum Way&30'h Avenue Pavement Rehabilitation,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 Liberty Mutual Insurance Company ,as Surety,are held and firmly bound unto the City in the just and full amount of($2,464,000.00)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, extension of time, alteration, or addition to the terms of the Contract or to the work or to the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK • Faithful Perform uce Bond 1310-1 Addendum No.1 IN WITNESS WHEREOF,the Principal and Surety have executed this instrument under their seals this 5th day of July , 2017, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Matich Corporation Principal (Seal) ,41.8u Signature for Principal Robert M.Matich,Vice President Title of Signatory Liberty Mutual Insurance Company Surety (Seal) (ft2A ctiu, Signature for Surety Heather Saltarelli,Attorney-in-Fact Title of Signatory 790 The City Drive South,#200,Orange,CA 92868 Address of Surety (714)634-5719 Phone#of Surety Mike Forman Contact Person For Surety • Faithful Performance Bond 1310-2 Addendum No.1 • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CML CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of Orange On JUL 0 5 2017 before me, Rhonda C. Abel,Notary Public Date Here Insert Name and Title of the Officer personally appeared Heather Saltarelli Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(a) whose name(s) is/ane subscribed to the within instrument and acknowledged to me that he/she/ttx executed the same in his/her/MU authorized capacity(t),and that by Ws/her/MO signature(s)on the instrument the person(1), 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. ir';s''+4� RHONDA C.ABEL w !`'�iir�sti"`�, COMM.#2051838 �11 i `_ NOTARY PUBLIC- �M`�i::,pie;'-i-;; U 2 � " con1OREX�PIRE COUNTY CALIFORNIAA 8 Signature e �. -"`' - - - - - Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies)Claimed by Signers) Signer's Name: Signer's Name: Corporate Officer — Title(s): _ Corporate Officer — Title(s): Partner — Limited General Partner — Limited General Individual X Attorney in Fact Individual Attorney in Fact Trustee Guardian or Conservator Trustee Guardian or Conservator Other: Other: Signer Is Representing: Signer Is Representing: SG✓<\a'G\d .G\ .0,0' 00 001 b•a-{\ar•a' <, � aGY V - --- - - - ---- - a-.M "Y "V a, YYa' Y a• a/ 16, ar. ©2014 National Notary Association•www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item #5907 Bond Number: 24072668 Executed in Duplicate Premium:Included in Performance Bond 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 7/3/17 ,awarded to MATICH CORPORATION,hereinafter designated as the Principal,a Contract for Bid No. B17-04E Project No.CIP 8864&8867,McCallum Way&30th Avenue Pavement Rehabilitation,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 sante to the extent hereinafter set forth: NOW,THEREFORE,we,the Principal,and Liberty Mutual Insurance Company ,as Surety,are held and firmly bound unto the City in the just and full amount of ($2,464,000.00), executors, administrators, and successors,jointly and severally,firmly by these presents, THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, it or its heirs, executors, administrators,successors,or assigns,shall fail to pay for any materials,provisions,or other supplies used in,upon, for,or about the performance of the work contracted to be done,or for any work or labor thereon of any kind or for amount due under the Unemployment Insurance Act with respect to such work or labor,or for any amounts due,or to be withheld pursuant to Sections 18806 of the Revenue and Taxation Code of the State of California with respect to such work or labor,then said surety will pay the same in or to an amount not exceeding the amount hereinabove set forth, and also will pay in case suit is brought upon this bond,such reasonable attorney's fees to the City as shall be fixed by the court. This bond shall insure to the benefit of any and all persons,companies,and corporations named in Section 3181 of the Civil Code of the State of California so as to give a right of action to them or their assigns in any suit brought upon this bond. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition of the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall, in any way, affect its obligations of this bond,and it does hereby waive notice of any change,extension of time, alteration, or addition to the terms of the contract or to the work or to the specifications, Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California, THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK l'aymenl Bond 1320-I Addendum No.1 IN WITNESS WHEREOF,the Principal and Surety have executed this instrument under their seals this 5th day of July , 2017, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Matich Corporation Principal (Seal) Y .d‘e Signature for Principal Robert M. Matich,VICe President Title of Signatory Liberty Mutual Insurance Company Surety (Seal) (.0"e6L+/X1 Qr Signature for Surety Heather Saltarelli,Attorney-in-Fact Title of Signatory 790 The City Drive South,#200,Orange,CA 92868 Address of Surety (714)634-5719 Phone#of Surety Mike Forman Contact Person For Surety Payment Bond 1320-2 Addendum No.1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 e:Nn<srw. s., s.o'.�:<.r<%d:rri::.r-c/s.<!q<w.YK<s.<'►.Nq<n' T r"<�s.r«r;:<':.r�s' :�<s<r:<Ns:r::N:::•:.;(:«•c<c•:.r<:.rs<:., <.h at t.<.<r �.<.:.N.:< A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of Orange On JUL 0 5 2017 before me, Rhonda C. Abel,Notary Public Date Here insert Name and Title of the Officer personally appeared Heather Saltarelli Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/ane subscribed to the within instrument and acknowledged to me that Wshe/tbay executed the same in hie/her/Mt authorized capacity(ies),and that by Its/her/SU signature(s)on the instrument the person(), or the entity upon behalf of which the person(s) acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ,! RHONDA C.ABEL { - �. COMM.#2051838 3 �. 4 ��!=i`;+�NOTARY PUBLIC•CALIFORNIA la : 9 �ORANGE COUNTY A Signature ..__.,. o "COMM.EXPIRES DEC.14,201 Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies)Claimed by Signer(s) Signer's Name: Signer's Name: Corporate Officer — Title(s): — Corporate Officer — Title(s): Partner — Limited General Partner — Limited General Individual x Attorney in Fact Individual Attorney in Fact Trustee Guardian or Conservator Trustee Guardian or Conservator Other: Other: Signer Is Representing: Signer Is Representing: Sia«\✓<.'^: •;• 'C a, b<y.�t YG v N a«V a• a• 4,4✓ a, a, a, w{r/ M{•,{Y -Y W ✓ -W a< Y Y -. d �._ a, r b p. ©2014 National Notary Association •www.NationalNotary.org• 1-800-US NOTARY(1-800-876-6827) Item#5907 • THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. • This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No.7681056 Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the"Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint. Heather Saltarelli;James A.Schaller;Jeri Apodaca;Kim Luu;Maria Guise;Michael D.Parizino;Rachelle Rheault;Rhonda C.Abel all of the city of Newport Beach ,state of CA each individually if there be more than one named,its true and lawful attorney-in-fact to make,execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 21st day of March 2017 5% tv -1/, The Ohio Casualty Insurance Company N . Liberty Mutual Insurance Company d 1912 t 90 t West American Insurance Company N c GD * * By: ,,✓ 4''''''' sa C STATE OF PENNSYLVANIA ss David M.Carey,/Assistant Secretary C co r 1- COUNTY OF MONTGOMERY c O CRL1 pt On this 21st day of March , 2017,before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance V t— V y Company.The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do,execute the foregoing instrument for the purposes >,W .4.. 2 therein contained by signing on behalf of the corporations by himself as a duly authorized officer. I- d > IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at King of Prussia,Pennsylvania,on the day and year first above written. O O. y3 5p PAST COMMONWEALTH OF PENNSYLVANIA Q��� •C Q(c' 01-4w6�,ctf Notarial Seel getIditti `�'� C.N >~v° z z' Teresa Pasteila Notary Public By: ...__..._..._..._..._._. .--- L.0 - 0 d OF upper Mer,onTwp.,Montgomery County Teresa Pastella,Notary Public 0 C O L — ` My Commission Expires March 28,2021 ; n1 r0 °AHY_•.3y" Member.Ncnnsylvania Association et Notaries a O d r - LO C ra This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual N p • Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: -C 0 RS d ARTICLE IV-OFFICERS-Section 12.Power of Attorney.Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject O c +; to such limitation as the Chairman or the President may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal, y 0 C acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact,subject to the limitations set forth in their respective 'a L E y- powers of attorney,shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so = a> executed,such instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney-in-fact under > O the provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. t +,N et .s C ARTICLE XIII-Execution of Contracts-SECTION 5.Surety Bonds and Undertakings.Any officer of the Company authorized for that purpose in writing by the chairman or the president, E 00 > L and subject to such limitations as the chairman or the president may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute, L M p 15 seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their 1E.09 Z U respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so v o executed such instruments shall be as binding as if signed by the president and attested by the secretary. O Mr Certificate of Designation-The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attorneys-in- I—fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Authorization-By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. Jul 0 5 2017 IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this day of ,20 . v f1 . }air) ,'c S .:Aatgier , r 1919 r, 1912 ° 1991 5 By: . a Renee C.Lle , ssistant Secretary 351 of 500 LMS_12873_022017 SECTION 1330 WORKERS'COMPENSATION INSURANCE 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 Robert M.Matich Vice Resident Title Z0/ Date 3--(J/93--(J/9i0/7. Workers'Compensation Insurance 1330-1 Addendum No.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 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. 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: Liability&Insurance Requirements 1340-1 Addendum No.1 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). 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 of Cathedral City,and the Coachella Valley Water District,their employees and officers, 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: City Manager 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 1340-2 Addendum No.1