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HomeMy WebLinkAboutContract 1540 OR1GINA SECTION 1300 AGREEMENT THIS CONTRACT, by and between the CITY OF CATHEDRAL CITY, a municipal corporation, herein referred to as"City,"and EARTH SCULPTURES,INC.,herein referred to as,"Contractor." WITNESSETH: In consideration of their mutual covenants,the parties hereto agree as follows: 1. Contractor shall furnish all necessary labor, material, equipment, transportation and services for BID NO. B12-149E, CITY PROJECT NO 1003 RAMON ROAD IRRIGATION AND LANDSCAPE IMPROVEMENTS,in the City of Cathedral City,California pursuant to the Invitation to Bid,dated November 29, 2012, and Contractor's Bid, dated December 13, 2012, 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. 4. Contractor shall commence work after the issuance of a written Notice to Proceed and agrees to have all work completed within the specified 40 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 at lump sums and/or unit prices stated in the Contractor's Bid, the base consideration Two Hundred Nine Thousand Six Hundred Sixty-Two Dollars ($209,662.00). 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 higher of the Federal minimum wage rate or the general prevailing rate for per diem wages, as determined by the State of California Department of Industrial Relations and referred to in the Invitation to Bid,to any workman employed for the work to be performed under this contract; and the Contractor shall forfeit as a penalty to the City the sum of Twenty-Five Dollars ($25.00) for each calendar day, or fraction thereof, for such workman paid by him or by 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, the County of Riverside, its Board of Supervisors, 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 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 and the County of Riverside 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 (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 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. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK 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: C. (7, y' Dated: DONALD E.BRADLEY,Ci Manager ATT : / / ' Dated: f—`�6 6'" O ✓t (al 24912— 'AT H Tr RS,City Clerk APPROVED AS TO FORM: APP ,Q / r 2-o, 7,0/2 i �� l•T �.� /4�7�e4n Dated: f-�P.�n City Attorney "CONTRACTOR" Dated: /c12 BY: / y j �i . ' t. 0 • Name. A 9 mil Title: • /0' Dated: By: Name: Title: "CONTRACTOR" (If corporation,affix seal) ,�"1 EARTH-2 OP ID: KG AWRO CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 12/13/12 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT 909-886-9861 NAME: Kennail Goad Alliant Insurance Services,Inc 909-886-2013 PHONE 909-474-8770 FAX (Lic-OC36861) (ac,No Ex : ((A/C,No): 909$86-2013 735 Carnegie Drive,Ste 200 ADD E-MAIL kgoad @alliantinsurance.com San Bernardino,CA 92408 Chuck Shanklin,CIC INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Peerless Insurance Company '24198 INSURED Earth Sculptures Inc INSURER B:Interstate Fire&Casualty 38-207 North Primrose Lane American Zurich Insurance co Indio,CA 92203 INSURER C: INSURER D:Admiral Insurance Company INSURER E: ' INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR I ADDL'SUBR POLICY EFF I POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM/DD/YYYY)'(MM/DDIYYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 I B ' X COMMERCIAL GENERAL LIABILITY X SGL1002912 03/10/12 03/10/13 DAMAIiE TO Ea RENTED j _ PREMISES(Ea occurrence) j$ 50,000 ' CLAIMS-MADE ��X ! OCCUR � r MED EXP(Any one person) L$ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE 'I$ 2,000,000 'GEN'L AGGREGATE LIMIT APPLIES PER. PRODUCTS-COMP/OP AGG I$ 2,000,000 it ---- -- ----- ---� POLICY X 1 PRO- ' LOC $ IJECT 'AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT _ (Ea accident) $ --- 1,000,000 A X ANY AUTO X CBP9555957 03/10/12 03/10/13 BODILY INJURY(Per person) $ ALL OWNED r SCHEDULED BODILY INJURY(Per accident) $ AUTOS ! NONN-OWNED PROPERTY DAMAGE X: HIRED AUTOS [ X_1I AUTOS (Per accident) __ - $ I $ UMBRELLA LIAB X OCCUR ' EACH OCCURRENCE I$ 2,000,000 D X ' EXCESS LIAB CLAIMS-MADE ��iEX00001305001 07/24/12 03/10/13 AGGREGATE i$ 2,000,000 I, DED ' 1 RETENTION$ $ WORKERS COMPENSATION ! W C STATU- j OTH- AND EMPLOYERS'LIABILITY X 'TORY LIMITS; i ER ; _- C 'ANY PROPRIETOR/PARTNER/EXECUTIVEY/" WC966053301 04/01/12 04/01/13 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? NIA'. -- -- ---- -+- ---- - - -- ------ (Mandatory in NH) ' E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,descnbe under ! - - -- — - - -- -DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT I$ 1,000,000 A Equipment Floats CBP9555957 03/10/12 03/10/13 Rented/ 300,000 Leased DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Job: Ramon Road Medain Irrigation and Landscape Improvements. The City of Cathedral City, city employees and officers, the city engineer, its consultants, elected officials, agents, County of Riverside and sub- consultants are additional insureds insofar as work done under this contract is concerned; **SEE ATTACHED NOTES** CERTIFICATE HOLDER CANCELLATION CICATHI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Cathedral City THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN tY ty ACCORDANCE WITH THE POLICY PROVISIONS. 68-700 Avenida Lalo Guerrero Cathedral City,CA 92234 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD NOTEPAD. HOLDER CODE CICATH1 EARTH-2 PAGE 2 INSURED'S NAME Earth Sculptures Inc OP ID: KG DATE 12/13112 as respects to general liability per endorsement CG2010 11/85 attached; primay and non-contributory applies as respects to general liability per endorsement ICB 8016 06/05 attached additional insureds as respects to auto liability per endorsement GECA701 0107 attached. Policy No: SGL1002613 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POUCY.PLEASE READ IT CAREFULLY. ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS -(FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Peregn Or Organization: Any parson or organization for whom you are performing operations when you and such person or organization have agreed in writing In a contract or agreement that such person or organization be added as an additional insured on your policy. (If no entry appears above,information required to complete this endorsement will be shown in the Declarelions as applicable to this endorsement.) WHO IS AN INSURED(Section II)Is amended to include as an insured the person or organization shown in the Schedule,but only with respect to liability arising out of your work'for that insured by or for you. CG 20 10 11 85 Copy.insurance Services Office.Inc.,1984 °age 1 of 1 Policy No: SGL1002613 AMENDMENT OF OTHER INSURANCE CONDITION - PRIMARY INSURANCE FOR AUTOMATIC STATUS ADDITIONAL INSURED THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART If required under a written Insured contract'with you,paragraph a.Primary Insurance in SECTION IV— COMMERCIAL GENERAL LIABILITY CONDITIONS,4.Other Insurance is amended by adding the following paragraph' Not wtthstanding the foregoing, the insurance afforded to any person or organization who has been added to this policy by an Automatic Status Additional Insured Endorsement is primary and non- contnbutory insurance, but only as respects"bodily injury' or'property damage' liability arising out of your sole negligence in performance of'your work'after the effective date of this policy under a written contract between you and such person or organization that requires you to maintain primary and non- contributory insurance and to include such person or organization as an additional insured thereunder All other terms and conditions of this policy remain unchanged. ice-8016 06.O5 Policy No: CBP9555957 COMMERCIAL AUTO GOLD ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SECTION 11—LIABILITY COVERAGE A. COVERAGE 1. WHO IS AN INSURED The following Is added: d. Any organization,other than a partnership or joint venture,over which you maintain ownership or a majority interest on the effective date of this Coverage Form, if there is no similar insurance available to that organization. e. Any organization you newly acquire or form other than a partnership or joint venture, and over which you maintain ownership of a majority Interest. However,coverage under this provision does not apply: (1) It there is similar insurance or a self-insured retention plan available to that organization;or (2) To 'bodily injury or 'property damage' that occurred before you acquired or formed the organization. f. Any volunteer or employee of yours while using a covered`auto'you do not own,hire or borrow In your business or you-personal affairs. Insurance provided by this endorsement is excess over any other insurance available to any volunteer or employee. g. Any person, organization, trustee, estate or governmental entity with respect to the operation, maintenance or use of a covered'auto'by an insured,if: Includes copynghted material of Insurance Services Offices,Inc.with its permission GECA 701(01/07) Page 1 Of 5 AGENT COPY (1) You are obligated to add that person,organization,trustee,estate or goverrmental entity as an additional insured to this policy by: (a) An expressed provision of an'insured contract„or written agreement;or (b) An expressed condition of a written permit issued to you by a govemmertal or public authority. (2) The'bodily injury'or property damage'is caused by an'accident'which takes place after. (a) You executed the`insured contract';or written agreement;or (b) The permit has been issued to you. 2. COVERAGE EXTENSIONS a Supplementary Payments Subparagraphs(2)and(4)are amended as follows: (2) Up to$2500 for cost of bail bonds(including bonds for related traffic law violations)required because of an"accident:we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the 'insured' at our request, including actual loss of earning up to$500 a day because of time off from work SECTION II—PHYSICAL DAMAGE COVERAGE A. COVERAGE The following is added: 5. Hired Auto Physical Damage a. Any'auto' you lease, hire, rent or borrow from someone other than your employees or partners or members of their household is a covered'auto'for each of your physical damage coverages. b. The most we will pay for`loss'in any one`accident'is the smallest of: (1) $50,000 (2) The actual cash value of the damaged or stolen property as of the time of the'loss";or (3) The cost of repairing or replacing the damaged or stolen properly with other property of like kind and quality. If you are liable for the'accident',we will also pay up to$500 per'accident'for the actual loss of use to the owner of the covered'auto'. c. Our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by an amount that is equal to the amount of the largest deductiale shown for any owned 'auto' for that coverage. However, any Comprehensive coverage deductible shown in the Declarations does not Includes copyrighted material of Insurance Services Offices,Inc.with its permission GECA 701(61/07) Page 2 of 5 AGENT COPY apply to`loss"caused by fire or lightning. d. For this coverage,the insurance provided is primary for any covered`auto'you hire without a driver and excess over any other collectible insurance for any covered'auto'that you hire with a driver. 5. Rental Reimbursement Coverage We will pay up to$75 per day for up to 30 days,for rental reimbursement expenses incurred by you for the rental of an'auto' because of`loss'to a covered'auto'. Rental Reimbursement will be based on the rental of a comparable vehicle,which in many cases may be substantially less than$75 per day,and will only be allowed for a period cf time it should take to repair or replace the vehicle with reasonable speed and similar quality,up to a maximum of 30 days We will also pay up to$500 for reasonable and necessary expenses incurred by you to remove and replace your materials and equipment from the covered'auto'. If"loss"results tram the total theft of a covered"auto"of the private passenger type,we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under paragraph 4.Coverage Extension. S. Lease Gap Coverage If a long-term leased'auto'is a covered'auto'and the lessor is named as an Additional Insured-Lessor,in the event of a total loss,we will pay your additional legal obligation to the lessor for any difference between the actual cash value of the'auto'at the time of the loss and the'outstanding balance of the lease. 'Ourstanding balance' means the amount you owe on the lease at the time of loss less any amounts representing taxes; overdue payments; penalties, interest or charges resulting from overdue payments; additional mileage charges;excess wear and tear charges;and lease termination fees. B. EXCLUSIONS The following is added to Paragraph 3: The exclusion for'loss' caused by or resulting from mechanical or electrical breakdown does not apply to the accidental discharge of an airbag. Paragraph 4 is replaced with the following: 4. We will not pay for'loss'to any of the following: a Tapes, records, disks or other similar audio, visual or data electronic devices designed for use with audio,visual or data electronic equipment. Includes copyrighted material of Insurance Services Offices,Inc.with its permssion GECA 701(01/07) Page 3 of 5 AGENT COPY • b. Equipment designed or used for the detection or location of radar. c. Any electronic equipment that receives or transmits audio,visual or data signals. Exclusion 4.c.does not apply to: (1) Electronic equipment that receives or transmits audio, visual or data signals, whether or not designed solely for the reproduction of sound, if the equipment is permanently installed in the covered `auto' at the time of the`loss' and such equipment is designed to be solely operated by use of the power from the`auto's'electrical system,in or upon the covered`auto';or (2) Any other electronic equipment that is: (a) Necessary for the normal operation of the covered 'auto' or the monitoring of the covered `auto's'operating system;or (b) An integral part of the same unit housing any sound reproducing equipment described in(1) above and permanently installed in the opening of the dash or console of the covered auto' normally used by the manufacturer for installation of a radio. C. DEDUCTIBLE The following is added: No deductible applies to glass damage t the glass is repaired rather than replaced. SECTION IV.—BUSINESS AUTO CONDITIONS A. LOSS CONDITIONS Item 2.a.and b.are replaced with: 2. Duties In The Event of Accident,Claim,Suite,or Loss a. You must promptly notify us. Your duty to promptly notify us is effective when any of your executive officers, partners,members,or legal representatives is aware of the accident,claim `suite,or loss. Knowledge of an accident,claim,`suit',or loss,by other employee(s)does not imply you also have such knowledge. b. To the extent possible,notice to us should include: (1) How,when and where the accident or loss took place; (2) The names and addresses of any injured persons and witnesses;and (3) The nature and location of any injury or damage arising out of the accident or loss. The following is added to 5. We waive any right of recovery we may have against any additional insured under Coverage A.1.Who Is An Insured g.,but only as respects loss arising out of the operation,maintenance or use of a covered Includes copyrighted material of Insurance Services Offices,Inc.with its permission GECA 701(01/07) Page 4 of 5 AGENT COPY `auto'pursuant to the provisions of the`insured contract',written agreement or permit. B. GENERAL CONDITIONS 9_ is added 9. UNINTENTIONAL FAIRLURE TO DISCLOSE HAZARDS Your unintentional failure to disclose any hazards existing at the effective date of your policy will not prejudice the coverage afforded.However,we have the right to collect additional premium for any such hazard. COMMON POLICY CONDITIONS all is replaced by the following: b. 60 days before the effective date of cancellation if we cancel for any other reason Includes copyrighted material of Insurance Services Offices.Inc.with its permission GECA 701(01/07) Page 5 of 5 AGENT COPY PREMIUM IS FOR THE CONTRACT TERM AND IS SUBJECT TO ADJUSTMENT BASED ON FINAL CONTRACT PRICE Bond No. LAX752033 Premium: $5,193.00 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 2012, awarded to Earth Sculptures,Inc. , hereinafter designated as the Principal,a Contract for BiD NO.B12-149E,CITY PROJECT NO 1003 RAMON ROAD IRRIGATION AND LANDSCAPE IMPROVEMENT,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 American Safety Casualty Insurance Company as Surety,are held and firmly hound unto the City in the just and full amount of Two Hundred Nine Thousand Six Hundred Sixty Two&00100 (5209,662 .00)lawful money of the United Slates,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 1S 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 TII1S ('AGE INTENTIONALLY LEFT BLANK Faithful Performance Bond 13111-1 IN WITNESS WHEREOF,the Principal and Surety have executed this instrument under their seals this 20th day of December ,2012, 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. Earth Sculptures,Inc. Principal (Seal) IP • Signature for Principal _Qim...7Z.---11 ,. Title of Signatory American Safety Casualty Insurance Company Surely (Seal) Q • .1 , Stephanie Hoang / Signature for Surety Attorney-in-Fact Title of Signatory 100 Galleria Parkway,S.E. Ste.700,Atlanta,GA 30339 Address of Surety (770)916-1908 Phone#of Surety Contact Person for Surety Faithful Performance Bond 1319.2 • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange On 1242.0\y& before me, Irene Luong,Notary Public D Here Insert Name and Title of the Officer personally appeared Stephanie Hoang Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(e) whose name(e) is/are subscribed to the within instrument and acknowledged to me that+3e/she/thy executed the same in-his/her/their authorized capacity(ies), • and that by his/her/their signature(e) on the instrument the IRENE IUCi<c person(s), or the entity upon behalf of which the person(s) Commission# 1383333 acted, executed the instrument. rotary Public-California z z :r,'. fa z Orange County I certify under PENALTY OF PERJURY under the laws of My Comm.Expires Mar 22,2014 r the State of California that the foregoing paragraph is true ' sn=�°a<�`'•` °v`�'�.`-"s'`"'yam"-„ t and correct. Witness my han• .•. off-• .1 Signature ∎I%K..,,Otail`r Place Notary Seal Above Signatur•of :a Public OPTIONAL - Though the information below is not required by law, 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) Signer's Name: Stephanie Hoang Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited❑General ❑ Partner—❑Limited❑General ▪ Attorney in Fact RIGHTTHUMBPRINT ❑ Attorney in Fact RIGHTTHUMBPRINT ID Trustee OF SIGNER ❑ Trustee OF SIGNER El Guardian or Conservator Top of thumb here El Guardian or Conservator Top of thumb here ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: >��;`�t;`C`•C"�'`tt1fi�^��_''4~`���=t:`et�(^�`��`4T��`v�`-�^�t�:`�:'�'�v`�'�,`�.`Ct:�`�SCC:'C�C�.`C�.`�o`�;`�5�=�"Ct>C%4^G%C:`1�.'%;<� (�2007 National Notary Association•9350 De Soto Ave..PO.Box 2402•Chatsworth.CA 91313-2402•www.NationalNotary.org Item 45907 Reorder:Call Toll-Free 1-800-876-6827 Bond No. LAX752033 Premium listed on 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 ,2012, awarded to Earth Sculptures,Inc. ,hereinafter designated as the Principal,a Contract for BID NO. B12-149E,CITY PROJECT NO 1003 RAMON ROAD IRRIGATION AND LANDSCAPE 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 American Safety Casualty Insurance Company Surety,are held as and firmly bound unto the City in the just and full amount of Two Hundred Nine Thousand Six Hundred Sixty Two&00100 (S 209,662 .00)lawful money of the United States,for the payment ofwhich 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 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 oftime,alteration,or addition to the terms ofthe 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 Dnnd 13211-1 IN WITNESS WHEREOF,the Principal and Surety have executed this instrument under their seals this 20th day of December _, 20 12, 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, Earth Sculptures,Inc. (Seal) Principal Signature for Principal Title of Signatory American Safety Casualty Insurance Company Surety (Seal) c-. d• , • Stephanie Hoa g Signature for Surety Attorney-in-Fact Title of Signatory 100 Galleria Parkway,S.E. Ste.700,Atlanta,GA 30339 Address of Surety (770)916-1908 Phone#of Surety Juli Dahlgren Contact Person for Surety Payment Bond 1320 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange On 12-120 12-. before me, Irene Luong,Notary Public Date Here Insert Name and Title of the Officer personally appeared Stephanie Hoang Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/afe subscribed to the within instrument and acknowledged to me that ate/she/they executed the same in-his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) -�= IRENE LiJONG acted, executed the instrument. ,,T Ccmmissicn # 1883838 z 'r`� iu i, rotary Public-California z I certify under PENALTY OF PERJURY under the laws of z �'�' r � Orange County the State of California t . the for- -: paragraph is true My Comm.Expires tAar 22,2014 and correct. Witness m hand Ai 0 :I 1-. Signature NI1BI w,i►�M /- Place Notary Seal Above Signatur•of Nota P OPTIONAL Though the information below is not required by law, 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) Signer's Name: Stephanie Hoang Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner—❑Limited❑General ❑ Partner ❑ Limited❑General M Attorney in Fact RIGHTTHUMBPRINT ❑ Attorney in Fact RIGHTTHUMBPRINT ❑ Trustee OF SIGNER ❑ Trustee OF SIGNER ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: J�ti`�i'�s�'`���i✓z�����`c>z-�i�'�i.�°eG`�t:`�`��:�t:�ti`�ss�clec:`�:�i:�i^�i'`�t>`�;`ci:�z`v"'`�`�t.'cc.'c�"�4�:`�i.�^c 52007 National Notary Association•9350 De Soto Ave..P.O.Box 2402•Chatsworth.CA 91313-2402•www.NahonalNotary.org Item#5907 Reorder:Call Toll-Free 1-800-876-6827 itiliP AMERI CAN SAFET f'I NSURANCE BOND RIDER To be attached to and form a part of Bond No. LAX752033 , Dated December 20,2012 Earth Sculptures,Inc. , as Principal and American Safety Casualty Insurance Company, as Surety, in favor of City of Cathedral City as Obligee. It is understood and agreed that the bond is changed or revised in the particulars as indicated below: Increases of 10% or greater to the original bond and/or contract amount must be approved by the surety. Said Bond shall be subject to all its terms, conditions, and limitations, except as herein expressly modified. This Bond Rider shall become effective December 20,2012 IN WITNESS WHEREOF, AMERICAN SAFETY CASUALTY INSURANCE COMPANY has caused its corporate seal to be hereunto affixed this 20th day of December , 20 12 AMERICAN SAFETY CASUALTY INSURANCE COMPANY (Seal) BY: _ .42.L�_, Step anie 'odng Attorney-in-Fact di CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange } On 2(2-O/12— before me, Irene Luong,Notary Public , Date I Here Insert Name and Title of the Officer personally appeared Stephanie Hoang Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(e) whose names) is/are subscribed to the within instrument and acknowledged to me that ate/she/they executed the same in-his/her/their authorized capacity(ies), and that by his/her/their signature(&)on the instrument the rilbAdt"6"6'it" "4N. �, _ person(s), or the entity upon behalf of which the person(s) e;-� 1REiyr LUONG acted, executed the instrument. .-.. Commission # 1883838 a ,=�w Notary Public-California z I certify under PENALTY OF PERJURY under the laws of z Orange County n the State of California at the : -•c' g paragraph is true h1y Comm.Expires filar 27_,2014 and correct. Witness my 4� � r ial �� Signature A�,rt/��_ Place Notary Seal Above Signal re �f No rry P blic OPTIONAL . IV Though the information below is not required by law, 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) Signer's Name: Stephanie Hoang Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited❑General ❑ Partner ❑Limited❑General Ni Attorney in Fact RIGHTTHUMBPRINT ❑ Attorney in Fact RIGHTTHUMBPRINT ❑ Trustee OF SIGNER ❑ Trustee OF SIGNER ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: ..".).: C4.-c— % t`? ,::- ` t:CA Ctt.,•✓CSC`C:'C o`ctrtJCi-,):C4 CC k.. <5 :` "CC 2007 National Notary Association•9350 De Soto Ave.,P.O.Boa 2402•Chatsworth,CA 91313-2402•www.NaLonalNotary.org Item 45907 Reorder:Call Toll-Free 1-800-876-6827 N[J1Nft R LAX752033 AmitewSintrAsuaracr POWER OF ATTORNEY KNOW AU.MEN BY THESE PRESENTS that American Safety Casualty Insurance Company has made,constituted and appointed.and by these presents dose make,constitute and anooints Stephanie Hoang Is true and Intel attorney-in-fact,for It and its name,place.and stead to execute on behalf of the said Company,as surety,bonds,undertaking and contracts of suretyship to be given to ALL OBLIGEES provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of Two Hundred Nine Thousand Six Hundred Sixty Two Dollars($209,662.00) This Power of Attorney is granted and is sled eld sated by facsinwe UMW and by the authority 011ie following Resolution Directors of the Company of the e"'day of August,2009. adopted by the Board of RESOLVED,that the President in conjunction with the Secretary or any Assistant Secretary may appoint attorneys-in-fact or agents with authority as defined or biked in the instrument evidencing the appointment in each case,for and on behalf of the Company,to execute and deliver and sobs the fact or agent�revokelio any l o attorney granted whip of all kinds;and said officers may remove any sttott RESOLVED FURTHER,that any bond,undertabdrg,recognizance,or suretyship obligation shall be valid and binding upon the company wham (i)when signed by the President or any Vise-President and attested and sealed(t a seal is required)by any Secretary or Assistant Shy or(ii) when signed by the President or any or Secretary or Assistant Secretary,and counter-signed and sealed(if a seal*required)by a duly aua! authorized the r Hof the authority or(i duly executed and sealed Of a seal Is required)by one or More Torrey-in-fact or agents pursuant to uthority evidenced bylhr power of attorney issued by the Company to such person or persons. RESOLVED FURTHER,that the signature of any authorized officer and the seal of the Company may be affixed by tocsin**to any power of attorney or certification such thereof authorizing the execution and delivery of any bond,undertaking,recognizance,or other suretyship obligations of the Company; si n signature and seal when so used shall have the same face and effects as though manually affixed. IN WITNESS WHEREOF,American Safety Casualty Insurance Company has caused Its offcid seal to be hereunto affixed,and these presents to be signed by he President and alerted by Its Secretary this 8r'day of August,2009 CIto%0H 441. a`t ► Antxd Jain .� � Y• ' Joseph Q STATE OF GEORGIA f „ .r ,', ,• »� COUNTY OF COIF ) t' 4- On this 86 day of August,2009,before me person*came Joael h D.Scotch Jr.,to me known,who,being by me duly swam,did depose and say that he is the President ofAnaedoan Safety Casualty Insurance Company,the corporation described in and which executed the above instrument that he knows the seal of the said oarporatiort that the seal affixed to the said instrument is such corporate seal;that is was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by the order. JAMI BAILEY 'WOO W •• My Commission Expires Aug.13 2042 Pt�No�• the Power,Secretary of American Safety Casualty Insurance Company,an Oklahoma corporation,DO HEREBY CERTIFY,that the foregoing and d said Power Attorney remains in till fora and has not been revoked;and furthermore that the Resolution of the Board of Directors,set forth Attorney,is now In force. Signed and sealed In the Cky of Atlanta.in the State oft �. Dated thisal day of^/:�. e_"► L.(.) 64411 Ambu)Jain � .. • ORIGINALS OF THIS POWER• 'ATTORNEY ARE PRINTED WITH RED NUMERICAL NUMBERS DUPLICATES SHALL HAVE THE SAME FORCE AND EFFECT AS AN ORIGINAL ONLY WHEN ISSUED IN CONJUCTION WITH THE ORIGINAL