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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 Stice Company, 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 TROPICAL STORM HILARY — SOILS REMOVAL, CITY
PROJECT NO. M00020, BID NO. B23-53E (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 September 13, 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, Certification for Contracts, Grants, Loans, and
Cooperative Agreements, the Contractor's Bid dated September 21, 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 120 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
Three Million Nine Hundred Sixty-Seven Thousand Nine Hundred Sixty-Six
Dollars and Eighty Cents($3,967,966.80). All payments shall be subject to approval by
the City Engineer and shall be in accordance with the terms, conditions, and procedures
provided in the Contract Documents.
6. The Contractor shall not knowingly pay less than the higher of the Federal
minimum wage rate or the general prevailing rate for per diem wages, as determined by
the State of California Department of Industrial Relations and referred to in the Invitation
to Bid, to any workman employed for the work to be performed under this contract; and
the Contractor shall forfeit as a penalty to the City the sum of Twenty-Five Dollars
Agreement 1300-1
($25.00) for each calendar day, or fraction thereof, for such workman paid by him or by
any subcontractor under him in violation of this provision (Sections 1770-1777, Labor
Code of California).
7. Concurrently with the execution of this Contract, Contractor shall furnish bonds of
a surety satisfactory to City, as provided in the Contract Documents, the cost of which
shall be paid by Contractor.
8. Contractor agrees to indemnify, hold harmless, release and defend (even if the
allegations are false, fraudulent, or groundless), to the maximum extent permitted by
law, the City, its City Council and each member thereof, and its officers, employees,
commission members, and representatives, from any and all liability, loss, suits, claims,
damages, costs, judgments and expenses (including attorney's fees and costs of
litigation) which in whole or in part are claimed to result from or to arise out of the usage
or operation, including the malfunctioning of, or, any injury caused by, any product
purchased herein; or any acts, errors or omissions (including, without limitation,
professional negligence) of Contractor, its employees, representatives, subcontractors,
or agents in connection with the performance of this Contract. This agreement to
indemnify includes, but is not limited to, personal injury (including death at any time) and
damage to property (including, but without limitation, contract or tort or patent, copyright,
trade secret, or trademark infringement) sustained by any person or persons (including,
but not limited to, companies, or corporations, Contractor and its employees or agents,
and members of the general public.
9. Except as otherwise required, Contractor shall concurrently with the execution of
this Contract, furnish the City satisfactory evidence of insurance of the kinds and in the
amounts provided in the Contract Documents. This insurance shall be kept in full force
and effect by Contractor during this entire contract and all premiums thereon shall be
promptly paid by it. Each policy shall further state that it cannot be canceled without 30
days unconditional written notice to the City and shall name the City as an additional
insured. The contractor shall furnish evidence of having in effect and shall maintain
Workers Compensation Insurance coverage of not less than the statutory amount or
otherwise show a certificate of self-insurance, in accordance with the Workers
Compensation laws of the State of California. Failure to maintain the required amounts
and types of coverage throughout the duration of this Contract shall constitute a
material breach of this Contract.
10. Contractor shall forfeit as a penalty to City $25.00 for each laborer, workman, or
mechanic employed in the execution of this Contract by said Contractor, or any
subcontractor under it, upon any of the work herein mentioned, for each calendar day
during which such laborer, workman, or mechanic is required or permitted to work at
other than a rate of pay provided by law for more than 8 hours in any one calendar day
and 40 hours in any one calendar week, in violation of the provisions of Sections 1810-
1815 of the Labor Code of the State of California.
11. In accepting this Contract, Contractor certifies that in the conduct of its business
it does not deny the right of any individual to seek, obtain and hold employment without
discrimination because of race, religious creed, color, national origin, ancestry, physical
disability, mental disability, medical condition, genetic information, marital status, sex,
gender, gender identity, gender expression, age, sexual orientation, or military and
Agreement 1300-2
, .
veteran status as provided in the California Fair Employment Practice Act (Government
Code Sections 12900, et seq.) Contractor agrees that a finding by the State Fair
Employment Practices Commission that Contractor has engaged during the term of this
Contract in any unlawful employment practice shall be deemed a breach of this Contract
and Contractor shall pay to City $500.00 liquidated damages for each such breach
committed under this Contract.
12. Contractor also agrees that for contracts in excess of $30,000 that apprentices
will be employed without discrimination in an approved program in a ratio established in
the apprenticeship standards of the craft involved (Sections 1777.5 and 1777.6, Labor
Code of California). Contractors who willfully fail to comply will be denied the right to bid
on public projects for a period of six months in addition to other penalties provided by
law.
13. Contractor shall maintain and keep books and records on a current basis,
recording all transactions pertaining to this agreement in a form in accordance with
generally acceptable accounting principles. Said books and records shall be made
available to the County, the State of California, the Federal government, and to any
authorized representative thereof for the purposes of audit at all reasonable times and
places. All such books and records shall be retained for such periods of time as
required by law, provided, however, notwithstanding any shorter periods of retention, all
books, records, and supporting detail shall be retained for a period of at least four (4)
years after the expiration of the term of this Agreement.
14. This Contract shall not be assignable by Contractor without the written consent of
City.
15. Contractor shall notify the City Engineer (in writing) forthwith when the Contract is
deemed completed.
16. In accepting this Contract, the Contractor certifies that no member or officer of
the firm or corporation is an officer or employee of the City except to the extent
permitted by law.
17. Contractor certifies that it is the holder of any necessary California State
Contractor's License and authorized to undertake the Work. The contractor must, at the
Contractor's sole expense, obtain all necessary permits and licenses required for the
Work, give all necessary notices and pay all fees and taxes required by law, including,
without limitation, any business license tax imposed by City. The contractor represents
and declares to Agency that it has all licenses, permits, qualifications, and approvals of
whatever nature which are legally required to practice its profession.
18. The City, or its authorized auditors or representatives, shall have access to and
the right to audit and reproduce any of the Contractor records to the extent the City
deems necessary to ensure it is receiving all money to which it is entitled under the
contract and/or is paying only the amounts to which Contractor is properly entitled under
the Contract or for other purposes relating to the Contract.
Agreement 1300-3
19. The Contractor shall maintain and preserve all such records for a period of at
least three years after termination of the Contract.
21. The Contractor shall maintain all such records in the City of Cathedral City. If
not, the Contractor shall, upon request, promptly deliver the records to the City or
reimburse the City for all reasonable and extra costs incurred in conducting the audit at
a location other than at City offices including, but not limited to, such additional (out of
the City) expenses for personnel, salaries, private auditors, travel, lodging, meals and
overhead.
22. In entering into this Contract or a contract with a subcontractor to supply goods,
services, or materials pursuant to this Contract, Contractor and any or subcontractor are
deemed to have offered and agreed to assign to City all rights, title, and interest in and
to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec.
15) or under the Cartwright Act (Chapter 2, commencing with Section 16700 of Part 2 of
Division 7 of the California Business and Professions Code), arising from purchases of
goods, services, or materials for the Contract. This assignment will be deemed made
and will become effective at the time City tenders final payment to Contractor, without
further acknowledgment by the Parties.
Agreement 1300-4
, .
IN ITNESS HEREOF, the parties have executed this Contract as of the
dates stated below.
"CITY"
CITY OF CATHED ' L CITY,
a California municipal corporation
/-
- -B l Dated: t.,09 ,,)''''''(?), 21)0z,1:2,,,
Ch les P McClendon, City Manager
ATTEST:
,
A '
Dated:
raceyR ,ernickiHo, CMC, City Clerk
APPROVED T* *
Dated: • — - 2ø Z,.
Eric Vail, City Attorney
"CONT-
t
Dated: I a 141 202:7>
Name:
Title:
, _..,,,....
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1
Dated: 4 izi7
I
t
Name: . c....
Title: ... -
[CONTRACTOR SIGNATURES MUST BE NOTARIZED. IF CONTRACTOR IS A CORPORATION OR
LIMITED LIABILITY COMPANY, TWO SIGNATURES MUST BE PROVIDED.]
Agreement 1300-5
`
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of Califo ia
County of
91
On
Date Here nd Title of the Officer
personally appeared _____"__,,_F=
-------- -------'
who proved b> mnon the basis of satisfactory evidence to
bathe person(s) whose name(s) is/are subscribed tnthe
within instrument and acknowledged to me that
he/she/they executed the same in his/henYhmirauthohzwd
oapaoity(iee), and that by hie/hanAheirsiQna1un*(a) on the
instrument the pemnn(m)' or the entity upon behalf of
which the person(s) acted, executed the instrument.
41
| certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
~�
p��m"�,'a=/xbo� - \ _ �~ aw""m, wwm"ryPublic
OPTIONAL
Though the information below is not required by law,xmay prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment o/this form to another document.
Description of Attached Document
Title or Type ofDocument: ___-
DooumantDate: _ _ Number ofPugeo:
Signer(s) Other Than Named Above: _ .............._....
____
Capmolty(ies) Claimed by Signer(s)
Signer's Name: _ Signer's Name: ---__ ----____
O Individual El Individual
O Corporate Off ioer--Tltle(s): O Corporate Officer--Titla(a): ...... _
O Partner--ULimited UGon*m| OPartnar—-OLimited OGenmm|
O Attorney inFact O Attorney |nFact 7 �
mpormumuxem mv�mumuxvm
O TrusteeOTiu�me
O Guardian orConservator O Guardian orConservator
O Other: OCVhur
--- | ------
Signer|oRepnaeenUng:-_----------------------- I Signer bRopmoenUng:__________
0cmn National Notary Association^y35oo°Soto Av=.pu Box 24o ^Chatsworth,oxmo,na40c~°=°w*w=u���"rg Ite=*59m Reorder:Call Toll-Free,*mm76-6v27
Executed in Two Counterparts Bond # 24270685
SECTION 1310 Premium: $34,729
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT the City of Cathedral City, a municipal corporation, hereinafter designated
the City, has, on September 27, 2023, awarded to and Stice Company, Inc., hereinafter
designated as the Principal, a Contract for TROPICAL STORM HILARY — SOILS
REMOVAL, CITY PROJECT NO. M00020, BID NO. B23-53E 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 Three Million Nine Hundred Six. -Seven Thousand Nine Hundred Sixty-Six
Dollars and Eighty Cents($3,967,966.80) 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 EREOF, the Principal and Surety have executed this instrument
under their seals this 3rd day of October 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.
Stice Company, Inc.
(Seal)
rnTh
Signatunl for Principal
Title of Signatory
The Ohio Casualty Insurance Company
Surety
(Seal)
1
mature for Surety
Attorney-In-Fact/Spencer Flake
Title of Signatory
P.O. Box 34526, Seattle, WA 98124
Address of Surety
(206) 473-6210
Phone#of Surety
Gerald Schumacher
Contact Person For Surety
Faithful Performance Bond 1310-2
1 1
• 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.
STATE OF CALIFORNIA
County of Orange } 1,
On 10/03/2023 before me, Lexie Sherwood , Notary Public,
Date Insert Name of Notary exactly as it appears on the official seal
personally appeared Spencer Flake
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),
i0...1'-'1•: ?,,N LEXIE SHERWOOD comm #2363681 and that by his/her/their signature(s) on the instrument the
if-'A,'‘'% . c/2
NOTARY PUBLICCALIFO
person(s), or the entity upon behalf of which the person(s) 11
, ,--t„., - RNIA i
acted, executed the instrument. 1
--cn, ORANGE COUNTY' ,..,,,-,c-).‘. , —6
'' ,-.`3„, MY COMM EXPIRES JULY 27,2025
— I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
Witness my han aryl official seal
/
Signature /
,,t...„
Place Notary Seal Above Signature of*tary Public Lexie Sherwood
- . , 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:
,
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
El Individual El Individual 1
0 Corporate Officer--Title(s): 0 Corporate Officer Title(s):
El Partner 0 Limited 0 General 0 Partner 0 Limited 0 General
EI Attorney in Fact RIGHT THUMBPRINT E Attorney in Fact RIGHT THUMBPRINT
El Trustee OF SIGNER 0 Trustee OF SIGNER 1
0 Guardian or Conservator Top of thumb here E] Guardian or Conservator Top of thumb here
zi Other: 0 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.
A'*14 1:11, °1 1._erty Liberty Mutual Insurance Company
Mutual. The Ohio Casualty Insurance Company Certificate No: 8205649-971919
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 Charles L.
Flake,David L.Culbertson,Heather Willis,Lexie Sherwood,Spencer Flake
all of the city of Anaheim 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 25th day of May , 2021 .
Liberty Mutual Insurance Company .....
0/ IINse„, v„‘Nst4.0_ The Ohio Casualty Insurance Company
A,?,,c)•"•-•;;Yt cii'„0••Pozipieti, cy.-„vook,„;74.0 West American Insurance Company
:.? t 1,n fii.'•-•e % ft,
1912 0 — 1919 0 I' 1991 10
sic E.
4 o
_,,,`,43. a.) o
kanws'e„Ab v",f, Aro rAttP. At' /OW , 11( ,,,,,,.' •r-- r.)
*.-. .341 ),,t‘ By: ._,—_
-, co
as David M.Carey,Assistant Secretary 10-=
i C e•-•
State of PENNSYLVANIA ,• a
113 a
= ') County of MONTGOMERY SS 0
C E
L.. •
O a)
...- = On this 25th day of May , 2021 before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance 3 a)
c— — =-0
03 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.) >
Tco therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
= >c4
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.
--0 0 C/3
C To a.0
0 1— lt,%Zia' :'(' Commonwealth of Pennsylvania-Notary Seal >,--
ai-6 t' •- •. v Teresa Pastella,Notary Public i a)•co
Montgomery County
i C
L-- E
ci 0
6 a) OF
My commission expires March 28,2025 By: 1,444../.--; /Ltd&
,.
C 03 li„. 4:I Commission number 112604-4
feresa Pastella,Notary Public
CU-,-._ \''',.,,, „,,,,syyl,,)4"/ Member,Pennsylvania Associabon of Notaries te—
mi• t cpcv
••=..., 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 o?
10. Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows:
E ai• co.."'
ARTICLE IV-OFFICERS:Section 12.Power of Attorney. 1,-°?
8 Ili 0 c,
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-a.‘•-•
c co
:12 8, 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 co—
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
> fp c
... 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 a a)
6 6- .1:2 CO
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 a
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. 1.1.. •
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 3rd day of October , 2023 .
I
- .......1/4
0.1Suk
0:CIPINS4P1?
Ali''00°N?7+0 009—"q%
J .4' v0 IS '4"
1912 0 1919 -0 `4 1991 0 ..ciaft......
By.
0 -4ctitts) At, , /lama 1,
s' ,4_ 'cc. 00.10. AI> Renee C.Llewellyn,Assistant Secretary
.* % ed4
INS-12873 LM IC OCIC WAIC Multi Co 02/21
Executed in Two Counterparts Bond # 24270685
SECTION 1320 Premium: Included in
PAYMENT BOND Performance Bond
KNOW ALL MEN BY THESE PRESENTS:
THAT the City of Cathedral City, a municipal corporation, hereinafter designated
the City, has, on September 27, 2023, awarded to Stice Company, Inc.,
hereinafter designated as the Principal, a Contract for TROPICAL STORM HILARY —
SOILS REMOVAL, CITY PROJECT NO. M00020, BID NO. B23-53E 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 Three Million Nine Hundred Six -Seven Thousand Nine Hundred Six -Six
Dollars and Eighty Cents($3,967,966.80), executors, administrators, and successors,
jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, it or its
heirs, executors, administrators, successors, or assigns, shall fail to pay for any
materials, provisions, or other supplies used in, upon, for, or about the performance of
the work contracted to be done, or for any work or labor thereon of any kind or for
amount due under the Unemployment Insurance Act with respect to such work or labor,
or any amounts due, or to be withheld pursuant to Sections 18806 of the Revenue and
Taxation Code of the State of California with respect to such work or labor, then said
surety will pay the same in or to an amount not exceeding the amount hereinabove set
forth, and also will pay in case suit is brought upon this bond, such reasonable
attorney's fees to the City as shall be fixed by the court.
This bond shall insure to the benefit of any and all persons, companies, and
corporations named in Section 3181 of the Civil Code of the State of California to give a
right of action to them or their assigns in any suit brought upon this bond.
And the said Surety, for value received, hereby stipulates and agrees that no
change, extension of time, alteration, or addition of the terms of the Contractor to the
work to be performed thereunder or the specifications accompanying the same shall, in
any way, affect its obligations of this bond, and it does hereby waive notice of any
change, an extension of time, alteration, or addition to the terms of the contract or the
work or the specifications. Said Surety hereby waives the provisions of Sections 2819
and 2845 of the Civil Code of the State of California.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
Payment Bond 1320-1
IN WITNESS EREOF, the Principal and Surety have executed this instrument
under their seals this 3rd day of October 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.
St ice Company, Inc.
(Seal)
Signatur for Principal
Title of Signatory
The Ohio Casualty Insurance Company
Surety
(Seal)
Sign ture for Surety
Attorney-In-Fact/ Spencer Flake
Title of Signatory
P.O. Box 34526, Seattle, WA 98124
Address of Surety
(206) 473-6210
Phone#of Surety
Gerald Schumacher
Contact Person For Surety
Payment Bond 1 320-2
• CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
I County of Orange
On 10/03/2023 before me, Lexie Sherwood , Notary Public,
bateInsert Name of Notary exactly as it appears on the official seal
personally appeared Spencer Flake
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
44,
LEXIE SHERWOOD t person(s), or the entity upon behalf of which the person(s)
COMM #2363681 co acted, executed the instrument.
2— NOTARY PUBLIC', CALIFORNIA.70
CD vq,;754 e ORANGE COUNTY I certify under PENALTY OF PERJURY under the laws of
vkirAl• MY COMM.EXPIRES JULY 27,2025 the State of California that the foregoing paragraph is true
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and correct.
Witness my hand and official seal. t
Signature ,Ctt\-1/4,k,CL L eel
Place Notary Seal Above Signature of TTotar:yPublic Lexie Sherwood
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:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
0 Individual 0 Individual
El Corporate Officer—Title(s): 17] Corporate Officer—Title(s):
El Partner r]Limited U General LI Partner CI Limited El General
Ell Attorney in Fact RIGHT THUMBPRINT 111 Attorney in Fact RIGHT THUMBPRINT
El Trustee OF SIGNER LI Trustee OF SIGNER
LI Guardian or Conservator Top of thumb here El Guardian or Conservator Top of thumb here
Other: U 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
' Allit
Pr` MUtUale The Ohio Casualty Insurance Company Certificate No: 8205649-971919
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, Charles L.
Flake,David L.Culbertson,Heather Willis,Lexie Sherwood,Spencer Flake
.... , ,. .. . ....„. ...,
all of the city of Anaheim 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 25th day of May , 2021 .
Liberty Mutual Insurance Company
,visu4, cs,1 INso itt4su..
0. .r6,1 The Ohio Casualty Insurance Company
c,0 aPoR4 °If o'i'. titPOR4ct
+ West American Insurance Company
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1912 0 — 1919 0 m 1991 01 .-7---'71
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By: .. . , .,
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co -- David M.Carey,Assistant Secretary rzr=
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co State of PENNSYLVANIA •— =
ss c 72 el County of MONTGOMERY o
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On this 25th day of May , 2021 before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance u as
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
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l:p thereincontained by signing on behalf of the corporations by himself as a duly authorized officer.
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...0 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.
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o i._, 7t,:45p11.4.--..A- Commonwealth of Pennsylvania-Notary Seal,
-6' 4'1('c''5"''' )1; Teresa Pastella,Notary Public 1 CD'co
a) Montgomely County E E
o 1:1) OF My commission expires March 28, By
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2025 • -64,642,1,-; 441-4/10..) o a)to Commission number 1126044 l
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4 k.,.... ....elii Tere,sa Pastella,Notary Public < 8
(D.,,, Member,Pennsylvania ASSOCiBil011 of Notaries
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v. . 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 o?
(3-F- Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: o c-si
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ARTICLE IV-OFFICERS:Section 12.Power of Attorney.
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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-0—
IR 1 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
(0 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 8
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- 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 a)
.a' `5
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-12 (10)
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. 5 cu
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.Uewellyn,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 3rd day of October , 2023 ,
(._,,...‘t4s up -51, \ iNs&
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1912 n cs.—' 1919 01 l' 1991 ,...0
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...Renee C.Llewellyn,Assistant Secretary
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LMS-12873 LMIC OCIC WAIC Multi Co 02/21
SECTION 1330
WORKERS' CO PENSATION INSU- • NCE CERTIFICATE
In accordance with California Labor Code Section 1861, prior to commencement of
work on the Contract, the Contractor shall sign and file with the City the following
certification:
"I am aware of the provisions of Section 3700 of the Labor Code which
require every employer to be insured against liability for workers'
compensation or to undertake self-insurance in accordance with the
provisions of that code, and I will comply with such provisions before
commencing the performance of the work of this contract."
Signature
Title
Date
Workers' Compensation Insurance 1330-1
SECTION 1340
LIABILITY AND INSURANCE REQUIREMENTS
1.0 INDEMNIFICATION
Contractor shall defend, indemnify and hold harmless the City and CVWD
District, City Council and each member thereof, and every officer, employee, and
agent of City, from any claim, demand, damage, liability, loss, cost, or expense
(including, without limitation, attorney's fees and costs) arising from any
intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of
the Contractor, or any of the Contractor" employees, or any of its subcontractors
arising out of work under this Contract.
The City and CVWD District does not, and shall not, waive any rights that it may
have against Contractor, any of the Contractor's employees, or any of its
subcontractors under this Section because of the acceptance by the City and
CVWD District, or the deposit with the City and CVWD District, of any insurance
policy or certificate, required pursuant to this Contract. The hold harmless,
indemnification, and duty to defend provisions of this Section shall apply
regardless of whether or not said insurance policies are determined to be
applicable to the claim, demand, damage, liability, loss, cost, or expense
described herein. The City will not be liable for any accident, loss, or damage to
the work prior to its completion and acceptance.
2.0 INSURANCE REQUIREMENTS
2.1 General
After award of contract, the Contractor shall promptly obtain, at its own expense,
all the insurance required by Paragraph 1340-2.0, INSURANCE
REQUIREMENTS, and shall submit coverage verification for review and approval
by the City upon execution of the Contract.
The Notice to Proceed with the Work under this Contract will not be issued, and
the Contractor shall not commence work until such insurance has been approved
by the City. The Contractor shall not allow any subcontractors to commence
work on its subcontract until all similar insurance required of the subcontractor
has been obtained and verified by the Contractor. Such insurance shall remain in
full force and effect at all times during the prosecution of the Work and until the
final completion and acceptance thereof.
The Notice to Proceed does not relieve the Contractor of the duty to obtain such
insurance as required by Paragraph 1340-2.0 INSURANCE REQUIREMENTS.
Liability & Insurance Requirements 1340-1
2.2 Commercial General Liabili Policy
The Contractor shall take out and maintain during the life of the Contract, a
Commercial General Liability Policy, on an occurrence basis, with a minimum
limit of not less than Two Million Dollars ($2,000,000) combined single limit for
bodily injury and property damage for any one occurrence and a Two Million
Dollar ($2,000,000) annual project aggregate, for all of the following:
a. Premises Operations, including Explosion, Collapse, and Underground (X,
C, and U) Coverage.
b. Completed Operations/Products, including X, C, and U Coverage.
c. Independent Contractors.
d. Blanket Contractual.
e. Deductible shall not exceed One Thousand Dollars ($1,000).
2.3 Commercial Business Auto Policy
The Contractor shall take out and maintain during the life of this Contract a
Commercial Business Auto Policy, on an occurrence basis, with a minimum
amount of not less than Two Million Dollars ($2,000,000) combined single limit
for bodily injury and property damage, providing at least all of the following
coverage:
a. Coverage shall be applicable to any and all leased, owned, hired, or non-
owned vehicles used in pursuit of any of the activities associated with this
Contract.
b. Any and all mobile equipment, including cranes, which is not covered
under said Commercial Business Auto Policy shall have said coverage
provided for under the Commercial General Liability Policy.
c. Deductible shall not exceed One Thousand Dollars ($1,000).
2.4 Workers' Compensation Insurance
The Contractor shall take out and maintain during the life of the Contract,
Worker's Compensation and Employers' Liability insurance providing coverage
for any and all employees of Contractor:
a. The required policy shall provide coverage for Workers' Compensation
(Coverage A).
b. This policy shall provide coverage for One Million Dollars ($1,000,000)
Employers' Liability (Coverage B).
Liability & Insurance Requirements 1340-2
2.5 Endorsements
All of the following endorsements are required to be made a part of the policies
described in this Section hereof:
a. "The City and C D District, City employees and officers, the City
Engineer, its consultants, elected officials, agents, and sub-consultants
are hereby added as additional insured insofar as Work done under this
Contract is concerned."
b. "This policy shall be considered primary insurance as respects any other
valid and collectible insurance, including self-insured retention, the City
may possess, and any other insurance the City does possess shall be
considered excess insurance only."
c. "This insurance shall act for each insured, and additional insured, as
though a separate policy had been written for each. This, however, will
not act to increase the limit of liability of the insuring company.
d. "Thirty (30) days prior written notice of cancellation shall be given to the
City. Such notice shall be sent to:
Kevin Biersack, Financial Services Director
City of Cathedral City
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234
2.6 Change in Terms
The Contractor shall provide immediate written notice to the City of any change
in terms and conditions and/or reduction in the coverage of any nature to the
insurance policies. The notice shall be sent to the location identified in Paragraph
1340-2.6.d, Endorsements. The Contractor shall be obligated to pay any extra
premium for maintaining the insurance requirements specified herein.
Liability & Insurance Requirements 1340-3