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HomeMy WebLinkAboutContract 1587 Cs 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 BID NO.B14-158E PROJECT NO.8903,AVENIDA MARAVILLA STREET IMPROVEMENTS,in the City of Cathedral City,California pursuant to the Invitation to Bid,dated May 10,2014,and Contractor's Bid,dated June 3,2014,all of which documents 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 frame for construction work shall be in accordance with that specified in the Invitation to Bid. 2. Contractor shall comply with all Federal, State, County, and 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 and Project Manager. 4. Contractor shall commence work after the issuance of a written Notice to Proceed and agrees to have all work completed within the specified 20 working days completion time period. 5. In consideration of said work,City agrees to pay Contractor such sums as shall be approved by the City Engineer and Project Manager at lump sums and/or unit prices stated in the Contractor's Bid, the base consideration SIX HUNDRED THIRTY EIGHT THOUSAND DOLLARS ($638,000.00). All payments shall be subject to approval by the City Engineer and Project Manager 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, its Board of Directors, 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. Agreement 1300-1 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 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 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 and Project Manager (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 four years after expiration of the term of the agreement. Agreement 1300-2 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. 21. Contractor shall hold the City of Cathedral City, its officers, agents and employees free and harmless from any liability whatsoever, including wrongful death, based or asserted upon any act or omission of principal,its officers,agents,employees or Sub-Contractors relating to or in any way connected with or arising from the accomplishment of the work, whether or not such acts or omissions were in furtherance of the work required by the Contract Documents and agrees to defend at his expense, including attorney fees,Owner,City of Cathedral City, its officers,agents,employees and Independent Architect in any legal action based on any alleged acts or omissions. 22. If at any time the Contractor is determined to be in material breach of the Contract,notice thereof in writing will be served upon the Contractor and its sureties, and should the Contractor neglect or refuse to provide means for a satisfactory compliance with the Contract, as directed by the City Engineer, and Project Manager, within the time specified in such notice,the City shall have the authority to terminate the operation of the Contract. Upon such termination, the Contractor shall discontinue the Work, or such parts of it as the City may designate. Upon such termination, the Contractor's control shall terminate and thereupon the City or its fully authorized representative may take possession of all or any part of the Contractor's materials, tools, equipment, and appliances upon the premises and use the same for the purposes of completing the Work and hire such force and buy or rent such additional machinery, tools, appliances, and equipment, and buy such additional materials and supplies at the Contractor's expense as may be necessary for the proper conduct of the Work and for the completion thereof; or the City may employ other parties to carry the Contract to completion, employ the necessary workers, substitute other machinery or materials and purchase the materials contracted for, in such manner as the City may deem proper; or the City may annul and cancel the Contract and relet the Work or any part thereof. Any excess of cost arising therefrom over and above the Contract price will be charged against the Contractor and its sureties, who will be liable therefore. In the event of such termination, all monies due the Contractor or retained under the terms of this Contract shall be held by the City in an escrow account. However, such holdings shall not release the Contractor or its sureties from liability for failure to fulfill the Contract. Any excess cost over and above the Contract Amount incurred by the City arising from the termination of the operations of the Contract and the completion of the Work by the City as above provided shall be paid for by any available funds in the escrow account. The Contractor will be so credited with any surplus remaining after all just claims for such completion have been paid. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK Agreement 1300-3 IN WITNESS WHEREOF,the parties have executed this Agreement as of the dates stated below. "CITY" CITY OF CATHEDRAL CITY, a California Municipal Corporation r ��-4v` /(Li&-/'_ Dated: s P.McClendon,City Manager ATTEST: � ���_ .lam Dated: -0-/c( 'ary F.Howell, ity er APPROVED AS TO FORM: Dated: Ca • City Attorney "CONTRACTOR" Dated: ('4' \-l-`k By: yeee. f--1-- Name: Mark T. Hickman Title: Vice President Dated: By: Name: Title: "CONTRACTOR" (If corporation,affix seal) Agreement 1300-4 Bond Number: 24056926 Executed in Triplicate Premium: $4,563 SECTION 1310 FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT the City of Cathedral City, a municipal corporation, hereinafter designated the City, has, June 12 , 2014 , awarded to Matich Corporation , hereinafter designated as the Principal, a Contract for BID NO. B14-158E PROJECT NO. 8903, AVENIDA MARAVILLA STREET IMPROVEMENT'S and WHEREAS, said Principal is required under the terms of said Contract to furnish a bond for the faithful performance of said Contract; NOW,THEREFORE,we,the Principal,and Liberty Mutual Insurance Company , as Surety,are held and firmly bound unto the City in the just and full amount of Six Hundred Thirty Eight Thousand and 0/100 ($T 638,000.00) 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. TI-IE 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 terns 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 Faithfid Nei formw,ce Bond 1310-1 IN WITNESS WHEREOF,the Principal and Surety have executed this instrument under their seals this 18th day of June , 2014 , 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) .( 9/--L. Signature for Principal Mark T. Hickman Vice President Title of Signatory Liberty Mutual Insurance Company -- — – ----------- Surety i ' J� (Seal) t 0-a,110 . V Heather Saltarelli Signature for Surety Attorney-in-Fact Title of Signatory 330 N. Brand Blvd., Suite 500, Glendale, CA 91203 Address of Surety (818)956-4250 _ Phone If of Surety Eric Thorsen Contact Person For Surety Farllf d Peifor,nance 1300 1310-2 • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On JUN 1 8 2014 before me, K. Luu, Notary Public D ab Here Insert Nome and nee d the OScar personally appeared Heather Saltarelli Names)al sgaer(s) who proved to me on the basis of satisfactory evidence to be the person())whose name(S) is/SV6 subscribed to the within instrument and acknowledged to me that IfS/she/VI*executed the same in his/her/Walt authorized capacity(/6%), and that by NV/her/WSW signature(i)on the instrument the person(8), or the entity upon behalf of which the person(s)acted,executed the instrument. Dorn a _on : ! 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. Pr Nan seal atom Signature os 91pruWn sl Notary Public OPTIONAL. Though the information below is not required by Jew,It may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies)Claimed by Signer(s) Signers Name: Signer's Name: O Individual 0 individual O Corporate Officer—Tltie(s): 0 Corporate Officer—Tltle(s): O Partner—D Limited O General rr,�,t„ ri i,,,ier r3.r. ❑Partner—❑ Limited CI General ��G-11 CS Attorney in Fact o s:c.r!+ O Attorney In Fact O Trustee Top of thumb hero D Trustee Top d thumb here O Guardian or Conservator 0 Guardian or Conservator O Other: 0 Other: Signer Is Representing: Signer Is Representing: 02007 National Nobly AasoWtlon•9360 De Solo Ave.Prior 2402•Chatsworth.CA 91319.2402•waysNatiortalNotry.org Item 116907 Reo.dsr.Cs/ToFfies la0D8766827 Executed in Triplicate Bond Number: 24056926 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 June 12 , 2014 , awarded to Matich Corporation , hereinafter designated as the Principal, a Contract for BID NO, 1314-158F, PROJECT NO, 8903, AVENIDA MARAVILLA STREET IMPROVEMENTS,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 Liberty Mutual Insurance Company , as Surety, are held and firmly bound unto the City in the just and full amount of Six Hundred Thirty Eight Thousand and 0/100 ($ 638,000,00) 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, it or its heirs, executors, administrators,successors,or assigns,shall tail to pay for any materials,provisions, or other supplies used in,upon, for,or about the performance of the work contracted to be done,or for any work or labor thereon of any kind or for amount due under the Unemployment Insurance Act with respect to such work or labor, or for any amounts due,or to be withheld pursuant to Sections 18806 of the Revenue and Taxation Code of the State of California with respect to such work or labor, then said surety will pay the same in or to an amount not exceeding the amount hereinabove set forth,and also will pay in case suit is brought upon this bond,such reasonable attorneys fees to the City as shall be fixed by the court. This bond shall insure to the benefit of any and all persons,companies,and corporations named in Section 3181 of the Civil Code of the State of California so as to give a right of action to them or their assigns in any suit brought upon this bond. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition of the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall, in any way,affect its obligations of this bond,and it does hereby waive notice of any change,extension of time,alteration,or addition to the terms of the contract or to the work or to the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California. THE 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 18th day of June , 2014, 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) Signature for Principal Mark T. Hickman Vice President Title of Signatory Liberty Mutual Insurance Company Surety (Seal) r Heat er a to i Signature for Surety Attorney-in-Fact Title of Signatory 330 N. B rand Blvd., Suite 500, Glendale, CA 91203 Address of Surety (818) 956-4250 Phone#of Surety Eric Thorsen Contact Person For Surety Pitmen(Ruud 1320-2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On JUN 18 2014 before me, K. Luu, Notary Public Date Hers Insert Nano and Tee• the e. personally appeared Heather Saltarelli Nana(s)ci Sipnar(s) who proved to me on the basis of satisfactory evidence to be the person(6)whose name(S) is/aWi subscribed to the within instrument and acknowledged to me that If6/sheflfWg executed the same in Ms/her/WY authorized capacity(/41%), and that by hifilher/t$Y40 signature(t)on the instrument the person(6), or the entity upon behalf of C,,,r , ,,„, i.-.;;)E 2J which the person(s)acted,executed the Instrument. - I certify under PENALTY OF PERJURY under the laws r r ' of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and o cial seal. Signature Rpm Nobly Baal Above 81 of Notary public OPTIONAL Though the information below is not required by iaw,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document The or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies)Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑Individual ❑ Corporate Officer—Title(s): 0 Corporate Officer—Title(s): ❑ Partner—O Limited O General . ,, , ❑Partner—❑Limited ❑General car (a Attorney In Fact o,s:e,.l;+ 0 Attorney In Fact ara,E" O Trustee Top of shun'hem Top Trustee Top a thumb here ❑ Guardian or Conservator 0 Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: 02007 NdaM Notary Arodeaon•9350 Do Solo Ave.Meat 2402•Chbportlr.CA 81319.2402•wreeNabonalblotaryog fen 115907 Rsadr.CiITo{FrN 1-80087859927 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.6454287 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire&Casualty Company and The Ohio Casualty Insurance Company are corporations 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;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 seats of the Companies have been affixed thereto this 19th day of February , 2014 , as American Fire and Casualty Company The Ohio Casualty Insurance Company Liberty Mutual Insurance Company w West American Insurance Company '4 David M.CaeyA ssistant Secretary STATE OF PENNSYLVANIA ss to COUNTY OF MONTGOMERY _ C Ec On this 19th day of February , 2014 , before me personally appeared David M. Carey,who acknowledged himself to be the Assistant Secretary of American Fire and v I... v w Casualty Company,Liberty Mutual Insurance Company,The Ohio Casualty Insurance Company,and West American Insurance Company,and that he,as such,being authorized so to do, >,W 8 execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. c > IN WITNESS WHEREOF,I have hereunto subscribed'111y118M0 and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year first above written. 0 C. m to <, F-; /�� " Q M c�tlf By: CL. Teresa Pastella,Notary Public t0 2, p tip _` This Power of Attorney is made and executed{iur oand3 r city of the following By-laws and Authorizations of American Fire and Casualty Company,The Ohio Casualty Insurance vi p d., Company,Liberty Mutual Insurance Company,''arviVlie st American Insurance Company which resolutions are now in full force and effect reading as follows: r 0 AI ` 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 0 c t+; 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, .Z.1 0 C acknowledge and deliver as surety any aid all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact,subject to the limitations set forth in their respective 'a E ti 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 Ta C; 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 >C 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. d v. m 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, o? �, 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, 1-M CI Z v 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 O 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 executed such instruments shall be as binding as if signed by the president and attested by the secretary. p co Certificate of Designation-The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attorneys-in- fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Authorization-By unanimous consent of the Companys 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,Gregory W.Davenport,the undersigned,Assistant Secretary,of American Fire and Casualty Company,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. JUN 1 Q o 2014 IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this day of ,20 By: ir✓A` �~ Gregory W.Davenport,Assistant Secretary LMS 12873 122013 322 Of 500 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: "1 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 1 will comply with such provisions before commencing the performance of the work of this contract." -•6 '2 Signature Mark T. Hickman vice President Title Date Worker's Compensation Insurance Certificate 1330-1