HomeMy WebLinkAboutContract - 05/10/2023 - 2032 Contract No.
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SECTION 1300
CONTRACT
THIS CONTRACT, by and between the CITY OF CATHEDRAL CITY, a municipal
corporation, herein referred to as "City", and Jacobsson Engineering Construction, 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 VIA DE ANZA STREET IMPROVEMENTS, PHASE II, CITY PROJECT
NO. 8835, BID NO. B23-37E (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 March 22, 2023, Instructions to Bidders, permits issued by the City
or other agencies, the General and Specific Project Requirements, Standard
Specifications, Plans, Referenced Specifications, the General Conditions, Supplementary
Conditions the Contractor's Bid dated April 19, 2023, and any addenda thereto (the
"Contract Documents") all of which shall be considered a part hereof as though fully set
herein.
2. Contractor will comply with all Federal, State, County, and City of Cathedral City
laws, regulations, and policies, which are, as amended from time to time, incorporated
herein by reference.
3. All work shall be done in a workman-like manner and to the satisfaction of the City
Engineer. •
4. Time is of the essence in the Contractor's performance of the Work for this
Contract. The contractor agrees to diligently pursue the performance and completion of
the Work in every detail to the satisfaction of the City. The contractor shall commence
work after the issuance of a written Notice to Proceed and agrees to have all work
completed within 60 working days from the date of Notification to Proceed.
5. In consideration of said Work, City agrees to pay Contractor such sums as shall
be approved by the City Engineer at lump sums and/or unit prices stated in the
Contractor's Bid. The total compensation to Contractor for all Work shall not exceed Five
Hundred Forty-Five Thousand, One Hundred Sixty-Seven dollars ($545,167.00). All
payments shall be subject to approval by the City Engineer and shall be in accordance
with the terms, conditions, and procedures provided in the Contract Documents.
Agreement 1300-1
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 the Contract Documents, the cost of which
shall be paid by Contractor.
8. Contractor agrees to indemnify, hold harmless, release and defend (even if the
allegations are false, fraudulent, or groundless), to the maximum extent permitted by law,
the City, its City Council and each member thereof, and its officers, employees,
commission members, and representatives, from any and all liability, loss, suits, claims,
damages, costs, judgments and expenses (including attorney's fees and costs of
litigation) which in whole or in part are claimed to result from or to arise out of the usage
or operation, including the malfunctioning of, or, any injury caused by, any product
purchased herein; or any acts, errors or omissions (including, without limitation,
professional negligence) of Contractor, its employees, representatives, subcontractors,
or agents in connection with the performance of this Contract. This agreement to
indemnify includes, but is not limited to, personal injury (including death at any time) and
damage to property (including, but without limitation, contract or tort or patent, copyright,
trade secret, or trademark infringement) sustained by any person or persons (including,
but not limited to, companies, or corporations, Contractor and its employees or agents,
and members of the general public.
9. Except as otherwise required, Contractor shall concurrently with the execution of
this Contract, furnish the City satisfactory evidence of insurance of the kinds and in the
amounts provided in the Contract Documents. This insurance shall be kept in full force
and effect by Contractor during this entire contract and all premiums thereon shall be
promptly paid by it. Each policy shall further state that it cannot be canceled without 30
days unconditional written notice to the City and shall name the City as an additional
insured. The contractor shall furnish evidence of having in effect and shall maintain
Workers Compensation Insurance coverage of not less than the statutory amount or
otherwise show a certificate of self-insurance, in accordance with the Workers
Compensation laws of the State of California. Failure to maintain the required amounts
and types of coverage throughout the duration of this Contract shall constitute a material
breach of this Contract.
10. Contractor shall forfeit as a penalty to City $25.00 for each laborer, workman, or
mechanic employed in the execution of this Contract by said Contractor, or any
subcontractor under it, upon any of the work herein mentioned, for each calendar day
during which such laborer,workman, or mechanic is required or permitted to work at other
than a rate of pay provided by law for more than 8 hours in any one calendar day and 40
hours in any one calendar week, in violation of the provisions of Sections 1810-1815 of
the Labor Code of the State of California.
Agreement 1300-2
11. In accepting this Contract, Contractor certifies that in the conduct of its business it
does not deny the right of any individual to seek, obtain and hold employment without
discrimination because of race, religious creed, color, national origin, ancestry, physical
disability, mental disability, medical condition, genetic information, marital status, sex,
gender, gender identity, gender expression, age, sexual orientation, or military and
veteran status as provided in the California Fair Employment Practice Act (Government
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 $1,700.00 liquidated damages for each such breach
committed under this Contract.
12. Contractor also agrees that for contracts in excess of$30,000.00 that apprentices
will be employed without discrimination in an approved program in a ratio established in
the apprenticeship standards of the craft involved (Sections 1777.5 and 1777.6, Labor
Code of California). Contractors who willfully fail to comply will be denied the right to-bid
on public projects for a period of six months in addition to other penalties provided by law.
13. Contractor and Owner do hereby acknowledge that this project will be partially or
fully funded with Community Development Block Grant (CDBG) funds [24 CFR 570] and
is therefore subject to applicable Federal procurement, labor, environmental, equal
opportunity, and other regulations.
14. Contractor shall maintain and keep books and records on a current basis,
recording all transactions pertaining to this agreement in a form in accordance with
generally acceptable accounting principles. Said books and records shall be made
available to the County, the State of California, the Federal government, and to any
authorized representative thereof for the purposes of audit at all reasonable times and
places. All such books and records shall be retained for such periods of time as required
by law, provided, however, notwithstanding any shorter periods of retention, all books,
records, and supporting detail shall be retained for a period of at least four (4) years after
the expiration of the term of this Agreement.
15. Contractor shall comply with the Davis-Bacon-Fair Labor Standards Act (40 USG
a-276,a-5) and the implementation regulations therof. Contractor shall comply with the
U.S. Department of Housing and Urban Development's Federal Labor Standards
Provisions (HUD 4010).
Contractor acknowledges that work under this contract is subject to the payment of
prevailing wages pursuant to Section 1770 and 1773 et seq. of the Labor Code of the
State of California, the Director of Industrial Relations (State Prevailing Wages), and the
U.S. Department of Housing and Urban Development's Federal Labor Standards
Provisions (Davis-Bacon Act Prevailing Wages). The Contractor to whom the contract is
awarded, and all subcontractors under him, shall pay the higher of the Federal or State
prevailing wage rate for any given classification employed in the performance of this
contract.
Agreement 1300-3
Contractor acknowledges that the applicable Wage Determination for this project is:
General Decision Number: CA20230025
Modification Number: 4
Date: 4-07-2023
16. Section 3 Compliance: The Contractor hereby acknowledges that this federally
funded project is subject to Section 3 of the Housing and Urban Development Act of 1968
[12 U.S.C. 1701u and 24 CFR Part 75] and agrees to the following:
A. The work to be performed under this contract is subject to the requirements of
Section 3 of the Housing and Urban Development Act of 1968, as amended, 12
U.S.C. 1701u (Section 3). The purpose of Section 3 is to ensure that employment
and other economic opportunities generated by HUD assistance or HUD-assisted
projects covered by Section 3, shall, to the greatest extent feasible, be directed to
low- and very low-income persons, particularly persons who are recipients of HUD
assistance for housing.
B. The parties to this contract will comply with the provisions of said Section 3 and
the regulations issued pursuant thereto by the Secretary of Housing and Urban
Development set forth in 24 CFR 570, and all applicable rules and orders of the
Department issued hereunder prior to the execution of this contract. The parties to
this contract certify and agree that they are under no contractual or other disability
which would prevent them from complying with these requirements.
C. The contractor agrees to send to each labor organization or representative of
workers with which the contractor has a collective bargaining agreement or other
understanding, if any, a notice advising the labor organization or workers'
representative of the contractor's commitments under this Section 3 clause and
will post copies of the notice in conspicuous places at the work site where both
employees and applicants for training and employment positions can see the
notice. The notice shall describe the Section 3 preference, shall set forth minimum
number and job titles subject to hire, availability of apprenticeship and training
positions, the qualifications for each; and the name and location of the person(s)
taking applications for each of the positions; and the anticipated date the work shall
begin.
D. The contractor agrees to include this Section 3 clause in every subcontract subject
to compliance with regulations in 24 CFR Part 75, and agrees to take appropriate
action, as provided in an applicable provision of the subcontract or in this Section
3 clause, upon a finding that the subcontractor is in violation of the regulations in
24 CFR Part 75. The contractor will not subcontract with any subcontractor where
the contractor has notice or knowledge that the subcontractor has been found in
violation of the regulations in 24 CFR Part 75.
Agreement 1300-4
E. The contractor will certify that any vacant employment positions, including training
positions, that are filled (1) after the contractor is selected but before the contract
is executed, and (2) with persons other than those to whom the regulations of 24
CFR Part 75 require employment opportunities to be directed, were not filled to
circumvent the contractor's obligations under 24 CFR Part 75.
F. Noncompliance with HUD's regulations in 24 CFR Part 75 may result in sanctions,
termination of this contract for default, and debarment or suspension from future
HUD assisted contracts.
G. With respect to work performed in connection with Section 3 covered Indian
housing assistance, Section 7(b) of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under
this contract. Section 7(b) requires that to the greatest extent feasible(i) preference
and opportunities for training and employment shall be given to Indians, and (ii)
preference in the award of contracts and subcontracts shall be given to Indian
organizations and Indian-owned Economic Enterprises. Parties to this contract that
are subject to the provisions of Section 3 and Section 7(b) agree to comply with
Section 3 to the maximum extent feasible, but not in derogation of compliance with
Section7(b).
H. All contractors and their subcontractors shall include as part of their bid proposal
a copy of their Section 3 Affirmative Action Plan. The Plan should include the
following:
a. A preliminary statement of workforce needs (skilled, semi-skilled, unskilled
labor and trainees by category).
b. Goals (in percentage) relative to utilization of lower income persons in
project area.
c. Goals relative to the project dollar amount of subcontractors to be awarded
to project area business.
17.Additional Federal Requirements. Whereas the work under this Agreement is
subject to applicable Federal, State, and local laws and regulations, including but not
limited to the regulations pertaining to the Community Development Block Grant
program (24 CFR Part 570) and 2 CFR Part 200. Contractor, sub-contractors,
Consultants, and sub-consultants agree to comply with, and are subject to, all
applicable requirements as follows:
Agreement 1300-5
A. Equal Employment Opportunity-Compliance with Executive Order 11246 of
September 24, 1965, entitled "Equal Employment Opportunity", as amended
by Executive Order 11375 of October 13, 1967, and as supplemented in
Department of Labor regulations (41 CFR chapter 60). The
Contractor/Consultant will not discriminate against any employee or applicant
for employment because of race, color, religion, sex, or national origin.
Contractor/Consultant will ensure that all qualified applicants will receive
consideration for employment without regard to race, color, religion, sex or
national origin. The Contractor/Consultant will take affirmative action to ensure
that applicants are employed and the employees are treated during
employment, without regard to their race color, religion, sex, or national origin.
Such actions shall include, but are not limited to, the following: employment,
up-grading, demotion, or transfer; recruitment or recruitment advertising; rates
of pay or other forms of compensation; and selection for training, including
apprenticeship. The Contractor/Consultant agrees to post in a conspicuous
place, available to employees and applicants for employment, notices to be
provided by the County setting forth the provisions of this non-discriminating
clause.
B. Copeland "Anti-Kickback" Act (18 U.S.C. 874 and 40 U.S.C. 276c: All
contracts and subgrants in excess of $2,000.00 for construction or repair
awarded by recipients and subrecipients shall include a provision for
compliance with the Copeland "Anti-Kickback" Act (18 U.S.C. 874), as
supplemented by Department of Labor regulations (29 CFR part 3, "Contractors
and Subcontractors on Public Building or Public Work Financed in Whole or in
Part by Loans or Grants from the United States"). The Act provides that each
contractor or subrecipient shall be prohibited from inducing, by any means, any
person employed in the construction, completion, or repair of public work, to
give up any part of the compensation to which he is otherwise entitled. The
recipient shall report all suspected or reported violations to HUD.
C. Davis-Bacon Act, as amended (40 U.S.C. 276a to a-7: When required by
Federal program legislation, all construction contracts awarded by the
recipients and subrecipients of more than $2,000.00 shall include a provision
for compliance with the Davis-Bacon Act (40 U.S.C. 276a to a-7) and as
supplemented by Department of Labor regulations (29 CFR part 5, "Labor
Standards Provisions Applicable to Contracts Governing Federally Financed
and Assisted Construction"). Under this Act, contractors shall be required to
pay wages to laborers and mechanics at a rate not less than the minimum
wages specified in a wage determination made by the Secretary of Labor. In
addition, contractors shall be required to pay wages not less than once a week.
The recipient shall place a copy of the current prevailing wage determination
issued by the Department of Labor in each solicitation and the award of a
contract shall be conditioned upon the acceptance of the wage determination.
The recipient shall report all suspected or reported violations to HUD.
D. Contract Work Hours and Safety Standards Act(40 U.S.C. 327 through 333:
Where applicable, all contracts awarded by recipients in excess of$2,000.00
for construction contracts and in excess of $2,500.00 for other contracts that
Agreement 1300-6
involve the employment of mechanics or laborers shall include a provision for
compliance with Sections 102 and 107 of the Contract Work Hours and Safety
Standards Act (40 U.S.C. 327-333), as supplemented by Department of Labor
regulations (29 CFR part 5). Under Section 102 of the Act, each contractor shall
be required to compute the wages of every mechanic and laborer on the basis
of a standard workweek of 40 hours. Work in excess of the standard workweek
is permissible provided that the worker is compensated at a rate of not less
than 1 1/2 times the basic rate of pay for all hours worked in excess of 40 hours
in the workweek. Section 107 of the Act is applicable to construction work and
provides that no laborer or mechanic shall be required to work in surroundings
or under working conditions which are unsanitary, hazardous or dangerous.
These requirements do not apply to the purchases of supplies or materials or
articles ordinarily available on the open market, or contracts for transportation
or transmission of intelligence.
E. Rights to Inventions Made Under a Contract or Agreement— Contracts or
agreements for the performance of experimental, developmental, or research
work shall provide for the rights of the Federal Government and the recipient in
any resulting invention in accordance with 37 CFR part 401, "Rights to
Inventions Made by Nonprofit Organizations and Small Business Firms Under
Government Grants, Contracts and Cooperative Agreements," and any
implementing regulations issued by HUD.
F. Rights to Data and Copyrights — Contractors and consultants agree to
comply with all applicable provisions pertaining to the use of data and
copyrights pursuant to 48 CFR Part 27.4, Federal Acquisition Regulations
(FAR).
G. Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution
Control Act (33 U.S.C. 1251 et seq.), as amended—Contracts and subgrants
of amounts in excess of$100,000.00 shall contain a provision that requires the
recipient to agree to comply with all applicable standards, orders or regulations
issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal
Water Pollution Control Act as amended (33 U.S.C. 1251 et seq.). Violations
shall be reported to HUD and the Regional Office of the Environmental
Protection Agency (EPA).
H. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)— Contractors who apply
or bid for an award of$100,000.00 or more shall file the required certification.
Each tier certifies to the tier above that it will not and has not used Federal
appropriated funds to pay any person or organization for influencing or
attempting to influence an officer or employee of any agency, a member of
Congress, officer or employee of Congress, or an employee of a member of
Congress in connection with obtaining any Federal contract, grant or any other
award covered by 31 U.S.C. 1352. Each tier shall also disclose any lobbying
with non-Federal funds that takes place in connection with obtaining any
Federal award. Such disclosures are forwarded from tier to tier up to the
recipient.
Agreement 1300-7
I. Debarment and Suspension (E.O.s 12549 and 12689)—No contract shall be
made to parties listed on the General Services Administration's List of Parties
Excluded from Federal Procurement or Nonprocurement Programs in
accordance with E.O.s 12549 and 12689, "Debarment and Suspension," as set
forth at 24 CFR part 24. This list contains the names of parties debarred,
suspended, or otherwise excluded by agencies, and contractors declared
ineligible under statutory or regulatory authority other than E.O. 12549.
Contractors with awards that exceed the small purchase threshold shall provide
the required certification regarding its exclusion status and that of its principal
employees.
J. Drug-Free Workplace Requirements —The Drug-Free Workplace Act of
1988 (42 U.S.C. 701) requires grantees (including individuals) of federal
agencies, as a prior condition of being awarded a grant, to certify that they will
provide drug-free workplaces. Each potential recipient must certify that it will
comply with drug-free workplace requirements in accordance with the Act and
with HUD's rules at 24 CFR part 24, subpart F.
K. Access to Records and Records Retention: The Consultant or Contractor,
and any sub-consultants or sub-contractors, shall allow all duly authorized
Federal, State, and/or County officials or authorized representatives access to
the work area, as well as all books, documents, materials, papers, and records
of the Consultant or Contractor, and any sub-consultants or sub-contractors,
that are directly pertinent to a specific program for the purpose of making
audits, examinations, excerpts, and transcriptions. The Consultant or
Contractor, and any sub-consultants or sub-contractors, further agree to
maintain and keep such books, documents, materials, papers, and records, on
a current basis, recording all transactions pertaining to this agreement in a form
in accordance with generally acceptable accounting principles. All such books
and records shall be retained for such periods of time as required by law,
provided, however, notwithstanding any shorter periods of retention, all books,
records, and supporting detail shall be retained for a period of at least four (4)
years after the expiration of the term of this Agreement.
L. Federal Employee Benefit Clause: No member of or delegate to the congress
of the United States, and no Resident Commissioner shall be admitted to any
share or part of this agreement or to any benefit to arise from the same.
M. Energy Efficiency: Mandatory standards and policies relating to energy
efficiency which are contained in the state energy conservation plan issued in
compliance with the Energy Policy and Conservation Act (Pub. L. 94A 163, 89
Stat. 871).
N. Procurement of Recovered Materials (2 CFR 200.322.) A non-Federal entity
that is a state agency or agency of a political subdivision of a state and its
contractors must comply with section 6002 of the Solid Waste Disposal Act, as
amended by the Resource Conservation and Recovery Act. The requirements
of Section 6002 include procuring only items designated in guidelines of the
Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the
Agreement 1300-8
highest percentage of recovered materials practicable, consistent with
maintaining a satisfactory level of competition, where the purchase price of the
item exceeds$10,000.00 or the value of the quantity acquired by the preceding
fiscal year exceeded $10,000.00; procuring solid waste management services
in a manner that maximizes energy and resource recovery; and establishing an
affirmative procurement program for procurement of recovered materials
identified in the EPA guidelines.
O. Buy America Requirements: This project is subject to "Buy America"
provisions of the Surface Transportation Assistance Act of 1982 as amended
by the Intermodal Surface Transportation Efficiency Act 1991,
Buy America Requirements
1. Attention is directed to the "Buy America" requirements of the Surface
Transportation Assistance Act of 1982 (Section 165) and the Intermodal
Surface Transportation Efficiency Act of 1991 (ISTEA) Sections 1041(a)
and 1048(a), and the regulations adopted pursuant thereto. In conformance
with the law and regulations, all manufacturing processes for steel and iron
materials furnished for incorporation into the work on this project shall occur
in the United States; with the exception that pig iron and processed,
pelletized and reduced iron ore manufactured outside of the United States
may be used in the domestic manufacturing process for such steel and iron
materials. The application of coatings, such as epoxy coating, galvanizing,
painting, and other coating that protects or enhances the value of steel or
iron materials shall be considered a manufacturing process subject to the
"Buy America" requirements.
2. A Certificate of Compliance, conforming to the provisions in Section 6 1.07,
"Certificates of Compliance," of the Standard Specifications, shall be
furnished for steel and iron materials. The certificates, in addition to
certifying that the materials comply with the specifications, shall specifically
certify that all manufacturing processes for the materials occurred in the
United States, except for the above exceptions.
3. The requirements imposed by the law and regulations do not prevent a
minimal use of foreign steel and iron materials if the total combined cost of
the materials used does not exceed one-tenth of one percent (0.1 percent)
of the total contract cost or$2,500.00, whichever is greater. The Contractor
shall furnish the Engineer acceptable documentation of the quantity and
value of the foreign steel and iron prior to incorporating the materials into
the work.
18. This Contract shall not be assignable by Contractor without the written consent of
City.
19. Contractor shall notify the City Engineer(in writing) forthwith when the Contract is
Agreement 1300-9
deemed completed.
20. In accepting this Contract, the Contractor certifies that no member or officer of the
firm or corporation is an officer or employee of the City except to the extent permitted by
law.
21. Contractor certifies that it is the holder of any necessary California State
Contractor's License and authorized to undertake the Work. The contractor must, at the
Contractor's sole expense, obtain all necessary permits and licenses required for the
Work, give all necessary notices and pay all fees and taxes required by law, including,
without limitation, any business license tax imposed by City. The contractor represents
and declares to Agency that it has all licenses, permits, qualifications, and approvals of
whatever nature which are legally required to practice its profession.
22. The City, or its authorized auditors or representatives, shall have access to and
the right to audit and reproduce any of the Contractor records to the extent the City deems
necessary to ensure it is receiving all money to which it is entitled under the contract
and/or is paying only the amounts to which Contractor is properly entitled under the
Contract or for other purposes relating to the Contract.
23. The Contractor shall maintain and preserve all such records for a period of at
least three years after termination of the Contract.
24. 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.
25. In entering into this Contract or a contract with a subcontractor to supply goods,
services, or materials pursuant to this Contract, Contractor and any or subcontractor are
deemed to have offered and agreed to assign to City all rights, title, and interest in and to
all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15)
or under the Cartwright Act (Chapter 2, commencing with Section 16700 of Part 2 of
Division 7 of the California Business and Professions Code), arising from purchases of
goods, services, or materials for the Contract. This assignment will be deemed made
and will become effective at the time City tenders final payment to Contractor, without
further acknowledgment by the Parties.
Agreement 1300-10
IN WITNESS HEREOF, the parties have executed this Contract as of the
dates stated below.
"CITY"
CITY OP CATHED- ' L CTY,
a California municipal corporation
4 ) ,
By /, i
/tit * t' / i ett. AO/7-5.
Charles P McClendon, City Manager
ATTEST:
,;.:9 it(1 t if', ' ifibt 1 i i hkaL Dated:
Tracey R. He si lo, CIVIC, City Clerk
APPROVED AS TO P*RM:
/ ------
Dated:
Eric Vail, City Attorney
"CONT- CTOR"
Dated.. ,I 1-.73 By:
Name: E:-la 0,c- c 0 SS oi
Title: F.0 /"Tv- 5J tie
I-; f 1-,-)
Dated: ' ,—
Name
Title: Repx<co 7°
[CONTRACTOR SIGNATURES MUST BE NOTARIZED. IF CONTRACTOR IS A CORPORATION OR
LIMITED LIABILITY COMPANY, TWO SIGNATURES MUST BE PROVIDED.]
Agreement 1300-11
CALIFORNIA ACKNOWLEDGMENT CIVIL 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 Riverside
on s
before me, Fran M. Brown, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Erik Jacobsson
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed
to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity
upon behalf of which the person(s)acted,executed the instrument.
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
FRAN M.Notary Public BROWCalifornia N
paragraph is true and correct.
-
•-49-
Riverside County
.%• 4,7.71 Commission#2369232 — WITNESS my hand and official seal.
My Comm.Expires Aug 3,2025
Signature JV/ 7 ..\\
Place Notary Seal and/or Stamp Above Signature of Notary Public
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:
O Corporate Officer—Title(s): CI Corporate Officer—Title(s):
O Partner— 0 Limited 0 General 0 Partner Limited 0 General
O Individual 0 Attorney in Fact 0 Individual 0 Attorney in Fact
O Trustee 0 Guardian or Conservator 0 Trustee ci Guardian or Conservator
O Other: 0 Other:
Signer is Representing: Signer is Representing:
02019 National Notary Association
- -
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 118@
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 ofCalifornia
County of Riverside �
On ~~/V ~��2 Fran 8� Notary Brown, 0�t�� Public
b�ove me. .
Date Here Insert Name and Title m/the Officer
personally appeared Dan Jacol»osoo
Nome(s)ofSigme/(s)
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed
to the within instrument and acknowledged to ma that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s). or the entity
upon behalf of which the penson(s)acted,executed the instrument.
| certify under PENALTY OF PERJURY under the
FRAN M.BROWN laws of the State of California that the foregoing
Notary Public-California paragraph io true and correct.
Riverside County
WITNESS my hand and official seal.
Signature
Place Notary Seal ondlor Stamp Above Signature wf Notary Public
� OPTIONAL
Completing this information can deter alteration of the document nr �
/ fraudulent reattachment of this form toon unintended document.
Description mf Attached Document |
� Title mr Type ofDocument: _
DocumentDate: _ Number of Pages:
� !
Signer(s) Other Than Named Above: _
' Cmpacity(ies) Claimed 8y Signer(s) �
Signer's Name: ' Signer's Name:
� 11 Corporate Officer—Title(s): _ 0 Corporate Officer—TNe(s):
o Partner— 11 Limited 0 General co Partner— u Limited O General
� O Individual g Attorney in Fact 13 Individual El Attorney in Fact
|
[I Trustee O Guardian prConservator OT,uatee o Guardian orConservator '
c3OtUec _ OOthec
' Signer bRepresenting: Signer isRepresenting:
02O119 National Notary AssocieUon
Contract No,
City Cle*Review
tReview
Scanned Bond #39K006966
Premium - $8,952.00
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 May 10 2023, awarded to Jacobsson Engineering Construction,
Inc., hereinafter designated as the Principal, a Contract for VIA DE ANZA STREET
IMPROVEMENS, PHASE II, CITY PROJECT NO. 8836, BID NO. B23-37E and
WHEREAS, said Principal is required under the terms of said contract to furnish a
bond for the faithful performance of said Contract:
NOW, THEREFORE, we, the Principal, and The Ohio Casualty Insurance
Company, as Surety, are held and firmly bound unto the City in the just and full amount
of Five Hundred Forty-Five Thousand, One Hundred Sixty-Seven dollars
($545,167.00) lawful money of the United States, for the payment of which sum well and
truly to be made,we bind ourselves, our heirs,executors, administrators, and successors,
jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, his or its
heirs, executors, administrators, successors, or assigns, shall in all things stand to and
abide by, and well and truly keep and faithfully perform the covenants, conditions, and
agreements in the said contract and any alterations made as therein provided, on his or
their part to be kept and performed, at the time and in the manner therein specified, and
in all respects according to their true intent and meaning, and shall indemnify and save
harmless, the City, its officers, and agents as therein stipulated, then this obligation shall
become null and void; otherwise it shall be and remain in full force and virtue.
It is acknowledged that the Contract provides for one-year guarantee period,
during which time this bond remains in full force and effort.
And the said Surety, for value received, hereby stipulates and agrees that no
change, extension of time, alteration, or addition to the terms of the Contract or to the
work to be performed thereunder or the specifications accompanying the same shall, in
any way, affect its obligations on this bond, and it does hereby waive notice of any such
change, an extension of time, alteration, or addition to the terms of the Contract or to the
work or to the specifications. Said Surety hereby waives the provisions of Sections 2819
and 2845 of the Civil Code of the State of California.
THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK
Faithful Performance Bond 1310-1
IN WITNESS WHEREOF, the Principal and Surety have executed this instrument
under their seals thisl 8th day of May , 2023, the name and corporate
seal of each corporate party being hereto affixed and these presents duly signed by its
undersigned representative, pursuant to the authority of its governing body.
Jacobsson Engineering Construction Inc.
Principal
(Seal)
ignature for Principal
ces -
Title of Signatory
The Ohio Casualty Insurance Company
Surety
(Seal)
kV? Lit,
gnature for Surety
Diane M Nielsen -Attorney in Fact
Title of Signatory
175 Berkeley St
Boston, Massachusetts 02116
Address of Surety
800-763-9268
Phone#of Surety
Ted Collins
Contact Person For Surety
Faithful Performance Bond 1310-2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
, 1
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. I
STATE OF CALIFORNIA
County of Riverside 1 .
2. '9
On I.4 181,i 04- before me, Linda Rocha , Notary Public,
Date Insert Name of Notary exactly as it appears on the official seal
I
I personally appeared Diane M. Nielsen .
1 Name(s)of Signer(s)
, 1
1
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the 1
d
within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies),
LINDA ROCHA and that by his/her/their signature(s) on the instrument the
Notary Pune-California
person(s), or the entity upon behalf of which the person(s)
7 ----.s-,ti,--: Riverside County
Corumssion 2310332 acted, executed the instrument.
- - . - #
;0."' My Comm.Expires Nov 20,2023 I
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
1
Witness my1149c1nct official seal./
..1 f , I
Signature , ,,,‘i i_,4,4, 4,,, /
Place Notary Seal Above 1 Signahlre f Notary publk Linda Rocha
I II
•
- 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 the form to another document.
Description of Attached Document
Title or Type of Document:
1 1
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
Capacity(ies)Claimed by Signer(s) 1
Signer's Name: Signer's Name:
El Individual D Individual
1:1 Corporate Officer—Title(s): D Corporate Officer—Title(s):
ID Partner 0 Limited El General D Partner 0 Limited 0 General
0 Attorney in Fact 1
RIGHT THUMBPRINT El Attorney in Fact RIGHT THUMBPRINT
ID Trustee OF SIGNER E] Trustee OF SIGNER
0 Guardian or Conservator Top of thumb here 0 Guardian or Conservator Top of thumb here
El Other: El Other:
'
Signer is Representing: Signer is Representing:
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.
..,
Liberty
Liberty Mutual Insurance Company
m,'
FP- Mutual. The Ohio Casualty Insurance Company Certificate No: 8205922-972035
West American Insurance Company
SURETY
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, Diane M.
Nielsen;Matthew S.Costello;Sal C.Sandoval
all of the city of Palm Desert 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 9th day of July , 2021 .
Liberty Mutual Insurance Company
,INsui?... P.
INso oiStiki
The Ohio Casualty Insurance Company
coP
sPok., .414 . °StP4, e ri.,tl''
A. cP e 0 c -F' Cr 0 West American Insurance Company
..t % cri sr .. •0 (.1 ct- 3' 0
' 2 u
1912 c) 1919 '0 V' 1991 0 /7/,,,1
, ai-E
a) 'I. dts• 44' If -30 t's/c-„., el 0
Au405 44- 'ed. %CHAO At' r , 's= C-)
4),7 )••‘. ..._
By: .
c * 'Xi 41 * /•.t .,-_-__.
co
co David M.Carey,Assistant Secretary 1 or=
▪ m State of PENNSYLVANIA ° =
ro = c
a) cn County of MONTGOMERY Ss E
.0 >,
4— On this 9th day of July , 202 1 before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance
0— -=.0
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.4=...=.--
W > therein contained by signing on behalf of the corporations by himself as a duly authorized officer. w .
>eG[
'di co
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.
-73 0 Cf)C°F)
a.0 co cu
'---2 0 1.-. /41.,,L::,'„, -;„--'<,,,, Commonwealth of Pennsylvania-Notary Seal' ›...-
-
/,?:,;(4' "--.:11 Teresa Pasterila,Notary Public
C
Montgomery County ‘-- E
0 0) QF ! My commission expires March 28,2025 By:/14-/4--od Ltd/4J
C ca ,:v..0 , Commission number 1126044 '-'
s--, -r,4z • •
eresa Pastella,Notary Public
.ai.,_. ;*)i...*).1. ,:-/('', i Member,P ' ' ' of k' ' -, 0, [4_,[.,.,,,,,,, , ennsylvarta Association otanes 4- 'a
cy,cf)
\, y e‘f":,>' 0 co
co (I) ..:1-
---
cntr) • 45<NI
-=.._, 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 0?
c
0. Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: 0 Cts1
E - I:1_c,
,.-_ i ARTICLE IV-OFFICERS:Section 12.Power of Attorney.
o Li 0 c)
Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the 3 President, and subject to such limitation as the Chairman or the-0',—
[ [,_.President may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal,acknowledge and deliver as surety
I as c any and all undertakings,bonds,recognizances and other surety obligations.Such attorneys-in-fact,subject to the limitations set forth in their respective powers of attorney,shall-0 3
› 2 c
t
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 executed,such 0 cu
'5.
Z c.) 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 the
8 co
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.
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,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,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 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 executed such instruments shall be as binding as if
signed by the president and attested by the secretary.
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 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.
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 18th day of May , 2023
v‘NSui.t 01 INs,, .ik AN S U,[9.,....
JI". *wok/'1, •JV-- 1.20,4 'eV olt- oraPoRi;'46
ee %co A,•tc P ?t'c)16,,, et, :, l't,
2 1912 n! - 1919 I0,' II' 1991 0 Coir460f ,
,P,s, 4 cuo .s4 Fos .4...- Y:s+ %WO' Ab Renee C.Llewellyn,Assistant Secretary
LMS-12873 LMIC OCIC WAIC Mufti Co 02/21
^
CALIFORNIA ACKNOWLEDGMENT CIVIL 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 mfCalifornia
Cnun1yof,
On / ]3 before me, _Fran M. Brown, Notary .__.
� Date Here Insert Name and Title 6Y the O0ficer
� personally appeared Dan Jacobe.morz
Name(s)of Signer(s)
who proved homeon the basis nf satisfactory evidence bzbe the person(s)whose name(s)is/are subscrbed
to the within instrument and acknowledged to me that he/ he/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 penson(s)acted,executed the instrument.
| certify under PENALTY OF PERJURY under the
|owm of the State of California that the foregoing
4,��C FRAN M.BROWN
Notary Public-California paragraph is true and correct.
Riverside County r.
Commission wz36o%32 WITNESS my hand and official seal.
Signature
Place Notary Seal onulon Stamp Above Signature of Notary Public
OPTIONAL -- -- -- --- - --'~~~ '
� Completing this information can deter alteration oy the document or (
fraudulent reattachment of this form&oon unintended document �
�
Description of Attached Document
Title or Type of Document:
� Document Date: �.~ Number ofPages:
8igner(s) Other Than Named Above:
/ Capacity(ies) Claimed by Signer(s) '
! Signer's Name: - _ _ Signer's Name:
[ OCorponate Officer—Title(s): o Corporate Officer—Title(s):._
OPartne — o Limited O �ene�| oPa�ner oUm�ed oGenena|
� . _ �
� 0 Individual O Attorney in Fact O Individual o Attorney in Fact |
o Trustee o Guardian orConservator O Trustee o Guardian orConservator ]
O Other: -- ' � __- _ --- � O Other:
Signer.is Representing:�� �- . _ 8ignerisRepnesenUng:___ �
02019 National Notary Association
Bond #39K006966
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 May 10, 2023, awarded to Jacobsson Engineering
Construction, Inc., hereinafter designated as the Principal, a Contract for VIA DE ANZA
STREET IMPROVEMENTS, PHASE II, CITY PROJECT NO. 8835, BID NO. B23-37E
and
WHEREAS, said Principal is required to furnish a bond in connection and with said
Contract, providing that if said Principal, or any of it or its subcontractors shall fail to pay
for any materials, provisions, or other supplies used in, upon, for, or about the
performance of the work contracted to be done, or for any work or labor done thereon of
any kind, the Surety of this bond will pay the same to the extent hereinafter set forth:
NOW, THEREFORE, we, the Principal, and The Ohio Casualty Insurance
Company, as Surety, are held and firmly bound unto the City in the just and full amount
of Five Hundred Forty-Five Thousand, One Hundred Sixty-Seven dollars
($545,167,00), 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 any
amounts due, or to be withheld pursuant to Sections 18806 of the Revenue and Taxation
Code of the State of California with respect to such work or labor, then said surety will
pay the same in or to an amount not exceeding the amount hereinabove set forth, and
also will pay in case suit is brought upon this bond, such reasonable attorney's fees to
the City as shall be fixed by the court.
This bond shall insure to the benefit of any and all persons, companies, and
corporations named in Section 3181 of the Civil Code of the State of California to give a
right of action to them or their assigns in any suit brought upon this bond.
And the said Surety, for value received, hereby stipulates and agrees that no
change, extension of time, alteration, or addition of the terms of the Contractor to the work
to be performed thereunder or the specifications accompanying the same shall, in any
way, affect its obligations of this bond, and it does hereby waive notice of any change, an
extension of time, alteration, or addition to the terms of the contract or the work or the
specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of
the Civil Code of the State of California.
Payment Bond 1320-1
IN WITNESS WHEREOF, the Principal and Surety have executed this instrument
under their seals this 18th day of May , 2023, the name and
corporate seal of each corporate party being hereto affixed, and these present duly signed
by its undersigned representative, pursuant to the authority of its governing body.
Jacobsson Engineering Construction Inc.
Pri al
(Seal)
Signature for Principal
:)1475"1
Title of Signatory
The Ohio Casualty Insurance Company
Surety
(Seal)
i nature for Surety
Diane M Nielsen -Attorney in Fact
Title of Signatory
175 Berkeley St
Boston, Massachusetts 02116
Address of Surety
800-763-9268
Phone#of Surety
Ted Collins
Contact Person For Surety
Payment Bond 1320-2
II .
II CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I
m..
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. 1
. .. ... ...
STATE OF CALIFORNIA
County of Riverside )1 :
On ( iiq1 a-...9 before me, Linda Rocha , Notary Public,
Date Insert Name of Notary exactly as it appears on the official seal
I personally appeared Diane M. Nielsen
Name(s)of Signer(s) I
,
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they 1
executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the
Notary Public-California person(s), or the entity upon behalf of which the person(s)
,
acted, executed the instrument.Riverside County I
7 ,,.-` Commission#2310332 /
'''1„,,L=c-_,I.' My Comm.Expires Nov 20,2023 I certify under PENALTY OF PERJURY under the laws of
Wa*gdP.tiONCIPAWOMEXPRIIVROZ.4459.t . the State of California that the foregoing paragraph is true
and correct.
1 1
Witness my hirdiend official seal. /
e i " 1
Signature / \ii. if '(,:.le, i'' r't 1 (0,
Place Notary Seal Above Signah5reo Notary Public Linda Rocha
OPTIONAL , 1
, 1
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 the form to another document.
Description of Attached Document
I 1
Title or Type of Document: il
i
Document Date: Number of Pages: ,
Signer(s) Other Than Named Above:
Capacity(ies)Claimed by Signer(s)
1.
Signer's Name: Signer's Name: :1
13 Individual El Individual 11
El Corporate Officer—Title(s): Ej Corporate Officer—Title(s): 1
1
D Partner El Limited 0 General li Partner El Limited 0 General
0 Attorney in Fact RIGHT THUMBPRINT 0 Attorney in Fact RIGHT THUIVEPRINT
[3 Trustee OF SIGNER 0 Trustee OF SIGNER
1 Ej Guardian or Conservator Top of thumb here 0 Guardian or Conservator Top of thumb here 1 1
0 Other: D Other:
Signer is Representing: Signer is Representing:
I k
— — — —
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.
re* Liberty Liberty Mutual Insurance Company
Mutual. The Ohio Casualty Insurance Company Certificate No: 8205922-972035
West American Insurance Company
SURETY
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 Diane M.
Nielsen;Matthew S.Costello;Sal C.Sandoval
all of the city of Palm Desert 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 9th day of July , 2021 .
_....
Liberty Mutual Insurance Company
iNsw. ix 0. INsAe., xx ‘ti)S u,s, The Ohio Casualty Insurance Company
West American Insurance Company
rn w
r 0
By:E.`3 David M.Carey,Assistant Secretary
,c-•,-.•'
;co State of PENNSYLVANIA
73 D 2 County of MONTGOMERY Ss
.0 >,
On this 9th day of July , 202 1 before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance 2
O
......
C 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 i-=
1 W_ therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
lii (13
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.
-no
0 u)c ro.,(7,
,ia ,,,-.;'p,. P A s;':o.,.. eL 0
0 ,_, / -•:,'7.--.Ei. „-,,,,...o,„;\ Commonwealth of Pennsylvania-Notary Seal `---=
>-.—
Teresa Pastella,Notary Public a).ca
0 06, ?,:a T, et C
Montgomery County ,-- E
0 ID \, '''''''F I My commission expires March 28,2025 By:/Z/1.44 ) ibett-11-0.) o a)
c (i ,i.. Commission number 1125044 " '-•—• "
,,,',Z,,:,,,,,,,4'
,„ty;,.,,,, A,, ,, ,/ Member,Pennsylvania Association of Notaries eresa Pastella,Notary Public ,< o
ser
-t,.... 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 09
0-c,Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: o C•1
E 7..1
_...., ARTICLE IV-OFFICERS:Section 12.Power of Attorney. "c°
0 Ets_ 0 co i
Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject to such limitation as the Chairman or the
L:2
President may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal,acknowledge and deliver as surety ca—
i co c any and all undertakings,bonds,recognizances and other surety obligations Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney,shall-to 3
> 2 c
ti 5 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 executed,such o a)
Z 0 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 the c
8 co
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.
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,and subject to such limitations as the chairman or the president may prescribe,
shall appoint such attomeys-in-fact,as may be necessary to act in behalf of the Company to make,execute,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 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 executed such instruments shall be as binding as if
signed by the president and attested by the secretary.
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 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.
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this l 8th day of May , 2023 .
,..,%NSuii,_ \.:(1 INS& INS1.14,
vtposig-ti, •J 92014 1?1 'tk 4
sc. c.pook,,,4.6
A. 4° 4° i-, 2
cr4 r t• 0
1919 ' 11, 1991 0 -..coe414*--
,- % 4,, •-• '- i. ° By:
1 i 4
Res•Ab '4 MO 1 pm r• Ab Renee C.Llewellyn,Assistant Secretary
*
LMS-12873 LMIC OCIC WAIC Multi Co 02/21
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
__ 40.1 CP!4,1:NCH:Nil'
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
On -)6-18-a3 before me, Fran M. Brown, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Dan Jacobs son
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed
to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity
upon behalf of which the person(s) acted,executed the instrument.
I certify under PENALTY OF PERJURY under the
db.?' le• •••
-.„?: FRAN M.BROWN laws of the State of California that the foregoing
Notary Public-California paragraph is true and correct.
I zi Riverside County
•••••vr.-4.0 F/ Commission#2369232
My Comm.Expires 025
WITNESS my hand and official seal.
Aug 3,2
-4
Signature
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