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Project 2018-30 - Performance BondThe term of this bond runs from July 1, 2021 to June 30, 2022 and maybe renewed by a New Bond. If not renewed it does not subject the surety to a claim on this bond. SECTION 1310 Bond No: 1001124633 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, the City of La Quinta (hereinafter referred to as "City") has awarded to PWLC ll, Inc. , (hereinafter referred to as the "Contractor") Citywide Landscape Maintentance Services an agreement for Project 2018-30, Landscape Maintenance (hereinafter referred to as the "Contract"). WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated 07/01/2021 through 06130/2022 , (hereinafter referred to as "Contract Documents"), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents. NOW, THEREFORE, we, PWi-C II, Inc. the undersigned Contractor and U. S. S eta salty Insurance Company _ _ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of **See Below** DOLLARS, ($672.55E.00" ), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. **(Six Hundred Seventy -Two Thousand Five Hundred Fifty -Six and No1100 Dollars)** THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officers and agents, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City's rights or the Contractor or Surety's obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15. Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City's option: (1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or (2) Obtain a proposal or proposals for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible proposer, arrange for a Contract between such proposer, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. (3) Permit the City to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor. Surety shall not utilize Contractor in completing the Project nor shall Surety accept a proposal from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City's objection to Contractor's further participation in the completion of the Project. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code. IN WITNESS WHEREOF, we have hereunto set our hands and seals this 29th day of December , 20 21 ). (Corporate Seal) (Corporate Seal) PWLC II, Inc. Contractor/ Prin ipal By �� Title Paul asmussen, President U. S. Specialty Insurance Company Surety By J� James Keeling Attorney -in- act Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. (Attach Attorney -in -Fact Certificate) Title The rate of premium on this bond is $15.21 per thousand. The total amount of premium charges, $ 10.226.00 (The above must be filled in by corporate attorney.) THIS IS A REQUIRED FORM Any claims under this bond may be addressed to: (Name and Address of Surety) U. S. Specialty Insurance Company (Name and Address of Agent or Representative for service of process in California, if different from above) (Telephone number of Surety and Agent or Representative for service of process in California) 801 So Figueroa St. Ste 700 Los Angeles, CA 90017 Keith Clements 619-630-2629 NOTE: A copy of the Power -of -Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto. TOKIO MARL NI± H C C =1. POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents make, constitute and appoint: James Keeling of Lompoc, California its true and lawful Attorney(s)-in-fact,-each in their separate capacity if more than one is named above, with full power and authority= hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds; recognizances undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed *****Three Million***** Dollars ( ***$3,000,000.00*** ]. This Power of Attorney shall expire without further action on April 2311, 2022. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed -and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any _ - certificate relating thereto by facsimile, and -any power of attorney or certificate bearing facsimile signature or facsimile seal shall -be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 1It day of June, 2018. _ — AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY — — UNITED S aA S,SURETA CiJt!IJ�PAiJY U,� •S,PECIAI,TY 111QUftANCE COMPANY 4. . � tiy� � jJ.4` +,ems `.``� •'/�s- ram! '�' far mx of� '• q. �. -..G_ �w '';aF�*;+;;. Daniel P. Aguilar, Vice President State of California County of Los Angeles 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 On this V day of June, 2018, before me, Sonia O. Carrejo, a notary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the -entity upon behalf of which the person acted, executed the instrument. I certify under -PENALTY OF PERJURY under the laws of the State of California that theforegoingparagraph is true and correct. WITNESS m hand and official seal. y � saino. r.aRec,o , Kofuy F•b;¢-raslLvma �' kcs An}e,es CcunC/ F cm loon 4'1i94"q Signature (seal) My Comm- Eyl, n Fp: 1J, YOY2 I, Kio Lo, Assistant Secretary American Contractors Indemnity Company, Texas Bonding Company, United_ States --Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power - of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of theBoardsof Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this day of 'rJ G2.4'Y)• bP-e, , Z�? '�plGlOq� 1i [frkp 'oh. ,�'�S SII& ,p ti ldrlulq Corporate Seals ��...,..., : �'o�.. • �A Bond No, tOO 09 °e� ci 3.,�1 SLVI.15 il5tl 0,�� _�� .i� �14 .1� � .}` T iti•� � - Agency 9 YNo. 19821��iiio °•�Fhr s •*, }*�;s, * , �r Kio L.o. Assi Secretary A �"rn,nur+" NHIIIr,N1Hb �n,rnmu+w`°' �"+rnr-viimn"� MCBMANPOA0512019 visit tmhcc.com/surety for more infortr;ztion CALIFORNIA ALL-PURPOSE 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 Santa Barbara On 12 2A 1 I'm] _ before me, Brenda S. Cota. Notary Public Date Here Insert Name and Title of the Officer personally appeared James Keeling 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. BRENDA S. CbTA Notary Public - California x : o Santa Barbara County commission k 2278027 My Comm. Expires Feb 18. 2023 Place Notary Seal and/or Stamp Above 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. Signatur -, � ,�' Signature of Notary Public 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: Bond Document Date: Signer(s) Other Than Named Above: No Other Signers Capacity(ies) Claimed by Signer(s) Signer's Name: James Keeling ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ® Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: U. S. Specialty I Company 02017 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: Notary Acknowledgment A notary public or other officer completing this certificate verifies individual who signed the document to which this certificate is truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ^ COUNTY OF Y- ! Cu- only the identity of the attached, and not the ORJA 1110,1ki 2022r before meS��LY� Notary �.�`� l SSC� , Public, persorjally appeared Paul Rasmussen , 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. aPl[[[1P of fn[n51plII11PII[q 11411UIIIII[Illiu llllll rllllllll [II q[I [[rl[l llilPpGlc Meu_tssa FISHER = WITNESS my hand and official seal. COMM. #2263965 x Notary Public - California Riverside County .,�` My Comm- Expires Nov. 20. 2022 I pi III III[[ I[[lill litill ll[[iIII [hill llllrlu t[NI[I ill lilt ril rill rllfiu lilritli lure llf- Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER ❑Individual MCorporate Officer President Title(s) ❑Partner(s) ❑ Limited ❑ General ❑Attorney -In -Fact ❑Trustee(s) ❑Guardian/Conservator ❑Other: Signer is representing: Name Of Person(s) Or Entity(ies) DESCRIPTION OF ATTACHED DOCUMENT Performance & Payment Bond Title or Type of Document Number of Pages Date of Document Signer(s) Other Than Named Above NOTE:This acknowledgment is to be completed for Contractor/Principal.