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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 Urban Habitat, 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 DREAM HOMES PARK, CITY PROJECT NO. 7021, BID NO. B23-55E
(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 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 October 23, 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 280 Calendar 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 Six
Million Eight Hundred Ninety-Nine Thousand Twenty-Nine Dollars And Ninety-
Seven Cents ($6,899,029.97). 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 ($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
Agreement 1300-1
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
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
Agreement 1300-2
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.
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,
Agreement 1300-3
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 beow.
"CITY"
CITY OF CATHED L CTY,
a California municipal corporation
By
ern"' /A 1
11-, 1, 4-1
t -1 (1 Dated: / Ott-21-1
Charles P. McClendon, City Manager
ATTEST:
1, Li ,t,t6 \ Dated: )
Tracey R. -rmoSill•, CMC, City Clerk
APPROVED AS TO FORM:
-),
/ I ,1%:\ Dated: \ 1. y '2, 7
Eric Vali, City Attorney
"CONT- CTOR"
Dated: By:
Name: at(1
Title:
Dated: By:
Namez__(---
Title:
[CONTRACTOR SIGNATURES MUST BE NOTARIZED. IF CONTRACTOR IS A CORPORATION OR
LIMITED LIABILITY COMPANY, TWO SIGNATURES MUST BE PROVIDED.]
Agreement 1300-5
SECTION 1310
Issued in Duplicate FAITHFUL PERFORMANCE BOND Bond No.0100441
Premium: $54,444
Premium will be adjusted
based on final contract amount
KNOW ALL MEN BY THESE PRESENTS:
THAT the City of Cathedral City, a municipal corporation, hereinafter designated
the City, has, on November 08,2023, awarded to Urban Habitat, hereinafter designated
as the Principal, a Contract for DREAM HOMES PARK, CITY PROJECT NO. 7021, BID
NO. B23-55E 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 Developers Surety and
Indemnity Company, as Surety, are held and firmly bound unto the City in the just and full
amount of Six Million Eight Hundred Ninety-Nine Thousand Twenty-Nine Dollars
And Ninety-Seven Cents ($6,899,029.97) 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 this 21st day of November , 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.
Urban Habitat --
Principal
(Seal)
Signa or Principal
•
Title of Signatory
Developers Surety and Indemnity Company
Surety
(Seal)
4s/
—•••
Signature for Surety •
Matt Gaynor,Attorney-in-Fact
Title of Signatory
800 Superior Ave. E.,21st Floor,Cleveland, OH 44114
Address of Surety
(216)328-6216
Phone#of Surety
Ramona Seidman
Contact Person For Surety
Faithful Performance Bond 1310-2
POWER OF ATTORNEY FOR
COREPOINTE INSURANCE CON:1;7'AM'
DEVELOPERS SURETY AND INDEMNITY COMPANY
59 Maiden Lane,43rd Flom New York,NY.l 0038
(212)220-71 20
KNOW ALL BY THESE PRESENTS that„except as expressly limited herein,COREPOINTE INSURANCE COMPANY and DEVELOPERS SURETY
AND INDEMNITY COMPANY,do hereby make,constitute and appoint:
Matt Gaynor,Anne Wright and Andy Roberts f San Diego,CA
as its true and lawful Attorney,to make,execute,deliver and acknowledge,for and on behalf of said companies,as sureties,bonds,undertakings and
contracts of suretyship giving and granting unto said Attorney-in-Fact full power and authority to do and to perform every act necessary,requisite or
proper to be done in connection therewith as each of said company could do„but reserving to each of said company full power of substitution and
revocation,and all of the acts of said Attorney-in-Fact,pursuant to these presents,are hereby ratified and confirmed This Power of Attorney is effective
November 21,2023 and shall expire on December 31,2025.
This Power of Attorney is granted and is signed under and by authority of the'following resolutions adopted by the Board of Directors of COREPOINTE
INSURANCE COMPANY and DEVELOPERS SURETY AND INDEMNITY COMPANY(collectively,"Company")on November 3,2022,
RESOLVED,that Sam Laza,Senior Vice President_ Surety Underwriting, laineatell Vice president, Surety Underwriting_,,and Craig Dawson,
ExecjUng ,5 orety.,each an employee of ArnTrust North America,Inc...an affiliate of the Company(the"Authorized Signors"),are
hereby authorized to execute a Power of Attorney,qualifying attorneyrsl-in-fact named in the Power of Attorney to execute,on behalf of the
Company,bonds,undertakings arid contracts of suretyship,or other suretyship obligations;and that the Secretary or any Assistant Secretary of the
Company he,and each of them hereby is,authorized to attest the execution of any such Power of Attorney.
RESOLVED,that the signature of any one of the Authorized Signors and the Secretary or any Assistant Secretary of the Company,and the seal of
the Company must be affixed to any such Power of.Attorney,and any such signature or seal may be affixed by facsimile,and such Power of Attorney
shall be valid and binding upon the Company when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to
which it is attached.
IN WITNESS WHEREOF,COREPOIN1E INSURANCE COMPANY and DEVELOPERS SURETY AND INDEMNITY COMPANY have caused these
presents to be signed by the Authorized Signor and attested by their Secretary or Assistant Secretary this December 5,2022.
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Printed Nam Sam Zaza - 1 .,:wt ,.:,v, , \-... /FYik,vo",\.e•'-.--°4,.0-;i/"/•,,, %
Title: Senior Vice President Surety li -,,,,,, *
NFt'ore Isrs es 0‘"
STATE OF California COUNTY OE orange
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On thL' day of e::::-.1.,,-:4:1.,: ,20 12,before inc, 14,044---1. V 0;sia,personally appeared Sam Zaza.044,
who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to within the instrument and acknowledged to me that
they executed the same in their authorized capacity,and that by the signature on the instrument the entities upon behalf which the person acted,executed
is instrument.
I certify,under penally of perjuly,under the laws of tire State or l-?1,,,IfTia „that the'foregoing paragraph is true and correct.
aw%Ahearn.%oda...0i
WITNESS my hand and official sent-
/-7N, DIANE.L KAWATA
(7. • \.,', NainztPunbgtle-Ctinatyllfornia
11 k.,14 • . • •.. Commission 1i Z284027'
Signature . • , n ley Comm.Expires Apr 28,,2023
CORPO.T ATE CFI TIFICATION
The undersigned, the Secretary or Assistant Secretary of COREPOINTE INSURANCE COMPANY and DEVELOPERS SURETY AND
INDEMNITY COMPANY,does hereby certify that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in
this Power of Attorney are in force as of the date of this Certification.
This Certification is executed in the City L,f Clewlaod.(Mkt,this 22 day of November.2022.
--DocuSigned by:
L
!'!'''.:•': ;!,.'''.;:'''' .'i tit Atesu
By, E3641c7:8:PF,Mff9„„„ „ .„ „„ Barry W Moses.Assistant Secretary
POA No,
Ed 1 122
AC • LE• ET
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 San Diego
On November 21, 2023 before me, Lauren Craig, Notary Public
(insert name and title of the officer)
personally appeared Matt Gaynor
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
paragraph is true and correct.
WITNESS my hand and official seal. LAUREN Ci G
;A 0,1 Notary Public-California
ty
sinc 7,7rEi'PicEn „, *4 2E1,131 San County
Commission#2439745
4414
4, •ins tee Comm,Expires Feb 28,2027
/
Signature( [(' jJ (Seal)
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California AH-Purpose C;-rtificate of 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
,
,
S.S.
County of Riverside s.
: 1 , 1,,,„I ,,
On Niu\l' :, , l 91);I?) before me, Theresa Cathryn Brennan, Notary Public
Ei lee
personally appeared Brett Brennan
,-- (1)
11. N/A
, Name of Signer(2)who proved to me on the basis of satisfactory evidence to be the personfs)whose name(s)
isiare subscribed to the within instrument and acknowledged to me that heisfie/thcy executed
the same in hisiherfthetr authorized capacityfies*and that by hisilieritireir signature(s) on the
instrument
, 1 the 1person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
',.',' I certify under PENALTY OF PERJURY under the laws
,.,, THERESA CATHRYN BRENNAN
j of the State of California that the foregoing paragraph is
6 1,17, comm. 1#2403.029 F. „
true and correct. cgt .7,, Notary Public. - California 8; i
;4 Volt/ Riverside County - ,1
WITNESS my hand and official seal. .,,, tsstl,i,., MI Comm.Expires Ma4,2026 i t
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Signature of Notary Public
't
OPTIONAL INFORMATION
"
Description of Attached Document
The preceding Certificate of Acknowledgment is attached to a Method of Signer Identification
,
document titled/for the purpose of Proved to me on the basis of satisfactory evidence:
:‘ <
EI form(s)of identification 0 credible witness(es)
containing pages,and dated ,. Notarial event is detailed in notary journal on:
1 [i
The signer(s)capacity or authority is/are as: Page# Entry#
0 Individual(s) Notary contact: _
r) Attorney-in-fact
El Corporate Officer(s) Other
,
0 Additional Signer El Signer(s)Thumbprints(s)
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0 Guardian/Conservator ,
El Partner-Limited/General I j
0 Trustee(s) i
ED Other:
representing:
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2009-2015 form from at
SECTION 1320
Issued in Duplicate PAYMENT BOND
Bond No. 0100441
Premium included in Performance bond
KNOW ALL MEN BY THESE PRESENTS:
THAT the City of Cathedral City, a municipal corporation, hereinafter designated
the City, has, on November 8, 2023, awarded to Urban Habitat,
hereinafter designated as the Principal, a Contract for DREAM HOMES PARK, CITY
PROJECT NO. 7021, BID NO. B23-55E 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 Developers Surety and
Indemnity Company, as Surety, are held and firmly bound unto the City in the just and full
amount of Six Million Eight Hundred Ninety-Nine Thousand Twenty-Nine Dollars
And Ninety-Seven Cents ($6,899,029.97), 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 attomey'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 WHEREOF, the Principal and Surety have executed this instrument
under their seals this 21st day of November , 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.
Urban Habitat
Prince
(Seal)
nattire for Principal
Title of Signatory
Developers Surety and indemny Company
Surety
(Seal)
74 -
Signature for Surety
Matt Gaynor,Attorney-in-Fact
Title of Signatory
800 Superior Ave. E 21st Floor, Cleveland,OH 44114
Address of Surety
(216)328-6216
Phone#of Surety
Ramona Seidman
Contact Person For Surety
Payment Bond 1320-2
. .
POWER OF ATTORNEY FOR
COREPOINTE INSURANCE COMPANY
DEVELOPERS SURETY AND INDEMNITY COMPANY
59 Maiden Lane,43rd Floor,New York,NY 10038
' (212)220-7120
KNOW ALL BY THESE PRESENTS that,except as expressly limited herein,COREPOINTE INSURANCE COMPANY and DEVELOPERS SURETY
AND INDEMNITY COMPANY,do hereby make,constitute and appoint
Matt Gaynor,Anne Wright and Andy Roberts of San Diego,CA
. „
as its true and lawful Attorney,to make,execute,deliver and acknowledge,for and on behalf of said companies,as sureties,bonds,undertakings and
contracts of suretyship giving and granting unto said Attorney-in-Fact full power and authority to do and to perform every act necessary,requisite or
proper to be done in connection therewith as each of said company could do,but reserving to each of said company full power of substitution and
revocation,and all of the acts of said Attorney-in-Fact,pursuant to these presents,are hereby ratified and confirmed This Power of Attorney is effective
November 21,2023 and shall expire on December 31,2025.
This Power of Attorney is granted and is signed under and by authority of the following resolutions adopted by the Board of Directors of COREPOINTE
INSURANCE COMPANY and DEVELOPERS SURETY AND INDEMNITY COMPANY(collectively,"Company")on November 3,2022.
RESOLVED,that Sam Zaza,Senior Vice President, Surer Underwriting, James Bell Vice President Surety Underwriting, and Craig Dawson,
Executive Underwriter,Surety,each an employee of AmTrust North America,Inc.,an affiliate of the Company(the"Authorized Signors"),are
hereby authorized to execute a Power of Attorney,qualifying attomey(s)-in-fact named in the Power of Attorney to execute,on behalf of the
Company,bonds,undertakings and contracts of suretyship,or other suretyship obligations;and that the Secretary or any Assistant Secretary of the
Company be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney.
RESOLVED,that the signature of any one of the Authorized Signors and the Secretary or any Assistant Secretary of the Company,and the seal of
the Company must be affixed to any such Power of Attorney,and any such signature or seal may be affixed by facsimile,and such Power of Attorney
shall be valid and binding upon the Company when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to
which it is attached.
IN WITNESS WHEREOF,COREPOINTE INSURANCE COMPANY and DEVELOPERS SURETY ATM INDEMNITY COMPANY have caused these
presents to be signed by the Authorized Signor and attested by their Secretary or Assistant Secretary this December 5,2022.
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Printed Name: Sam Zaza
1,_0%PezAwANEN,• Y,,, V. -7S.:10Foil..... z.
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Title:Senior Vice President.Surety * ....
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STATE OF California COUNTY OF Orange
4i... k„,....
On this.:-.a day of 5bete..-elaitc ,20 larbefore me, 3.1/4014421• 4,personally appeared Sam Zaza 404 ....„,
who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to within the instrument and acknowledged to me that
they executed the same in their authorized capacity,and that by the signature on the instrument the entities upon behalf which the person acted,executed
this instrument.
I certify,under penalty of perjury,under the laws of tire State of Califmia _ that the foregoing paragraph is true and correct.
WITNESS my hand and official seal. /AO"'''''AR''''' OwIP*014141.641it 0461
DIANE J.KAWATA
i 4.....,,,...,. .''.1 Notanc;:bgleicc-2lifornia ,)
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Signature
j .‘7,L1,7:4 Commission A 2284027 .
Lowswic My Comm.Expires Apr 28,2023
CORPORATE CERTIFICATION
The undersigned, the Secretary or Assistant Secretary of COREPOINTE INSURANCE COMPANY and DEVELOPERS SURETY AND
INDEMNITY COMPANY,does hereby certify that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in
this Power of Attorney are in force as of the date of this Certification.
This Certification is executed in the City of Cleveland.Ohio,this 22 day of November.2022.
5..--DocuSigned by:
bon 0J. hem
By: ',...-686416E7ADE64BC Barry W Moses.Assistant Secretary
POA No.
Ed 1122
ACK • LED T
I Anotary 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 San Diego
On November 21, 2023 before me, Lauren Craig, Notary Public
(insert name and title of the officer)
personally appeared Matt Gaynor
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
paragraph is true and correct.
WITNESS my hwdanigt official seal. -- becor,6.. LAUREN CRAIG
"4828) N. ,ry Punk-Caitfol
I L7,,,t74.84,14 San -Lo County
Lycac„82r)Lry.222 LE .28„4-872 r Commisstor.#8439745 7
Wilmyym My Comm When Feb 28,2027
Signature i (Seal)
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California AilPurpose Certificate of 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. s ,
•
State of California
,J
s.
County of Riverside s. '
LI,
On tk,I04e.Mteis33„ , :6 before me,..
Theresa Cathryn Brennan, Notary Public
".'
1 i personally appeared Brett Brennan
N/A
Name of Signer(2)
,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 hcishcithcysexecuted
the same in his/her/their authorized capacity(ies), and that by his/her/their signaturefs) on the
instrument the person(sr), or the entity upon behalf of which the person* acted, executed the
instrument.
,s
-,,
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is 1T1iERESACATHRYNIENiAN ..1
true and correct.
ee s*Vy."#,I Notary Public-California
2 4 -4,02' Riverside
County —
1, WITNESS my hand and official s t, 1 ,iriv.tr. ,. M Comm.Ex.ires Ma 4,2026
sl s
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OPTIONAL INFORMATION
is not required by law, it could prevent
Description of Attached Document
The preceding Certificate of Acknowledgment is attached to a 1 Method of Signer Identification ssi
t,
s si
3 document titled/for the purpose of Proved to me on the basis of satisfactory evidence:
0 form(s)of identification El credible witness(es)
1 ,
containing pages,and dated _,.....,_ . Notarial event is detailed in notary journal on:
'
1 The signer(s)capacity or authority is/are as: Page# Entry#
0 Individual(s) Notary contact: ,
0 Attorney-in-fact
D Corporate Officer(s) _ Other
El Additional Signer 0 Signer(s)Thumbprints(s)
0
0 Guardian/Conservator ;
0 Partner-Limited/General ,
0 Trustee(s) :
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Center form
SECTION 1330
ORKERS' 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."
)
Signatuw
41,0
Title
Date
SECTION 1340
Workers' Compensation Insurance 1330-1
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 1340-2
2.2 Commercial General Liability Policy
The Contractor shall take out and maintain during the life of the Contract, a
Commercial General Liability Policy, on an occurrence basis, with a minimum limit
of not less than One Million Dollars ($1,000,000) combined single limit for bodily
injury and property damage for any one occurrence and a Two Million Dollar
($2,000,000) annual project aggregate, for all of the following:
a. Premises Operations, including Explosion, Collapse, and Underground (X,
C, and U) Coverage.
b. Completed Operations/Products, including X, C, and U Coverage.
c. Independent Contractors.
d. Blanket Contractual.
e. Deductible shall not exceed One Thousand Dollars ($1,000).
2.3 Commercial Business Auto Policy
The Contractor shall take out and maintain during the life of this Contract a
Commercial Business Auto Policy, on an occurrence basis, with a minimum
amount of not less than One Million Dollars ($1,000,000) combined single limit for
bodily injury and property damage, providing at least all of the following coverage:
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 1340-3
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 DWA, 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.
- END OF SECTION 1300 -
Liability & Insurance Requirements 1340-4