Local Cons
truction Contract – UNITED PAVEMENT MAINTENANCE, INC. –PROJECT NO. WD24003 (Updated 10/18/23)
CONSTRUCTION CONTRACT
This contrac
t is made and entered into on _____________, by and between UNITED PAVEMENT MAINTENANCE, INC. , a STATE OF CALIFORNIA CORPORATION, with a business address at 7017 HUGHSON AVE, HUGHSON, CA 95326 , hereinafter called "CONTRACTOR," and CITY OF STOCKTON, a municipal corporation, hereinafter called "CITY."
W I T N E S S E T H:
WHEREAS
, plans and specifications for the construction of LOCAL STREET RESURFACING PROGRAM FY 2023-24 SB1 – MILL AND OVERLAY (PROJECT NO.
WD24003), hereinafter called “PROJECT,” were regularly adopted by Council Resolution No. __________________, on _________________; and
WHEREAS, the contract for said work was regularly awarded to CONTRACTOR, by Council Resolution No. __________________, on ________________.
NOW, THEREFORE, in consideration of the promises and of the mutual covenants herein contained, the parties hereto expressly agree as follows:
CONTRACTOR agrees:
1. SCOPE OF SERVICES. To do the work and furnish all the labor, materials, tools, equipment, and insurance required for the construction of PROJECT in accordance with the plans and specifications adopted on _____________, by Council Resolution No. __________________ . The "contract documents," which include the bid documents, project plans, specifications, all letters of clarification, and the City of Stockton Standard Specifications and Plans, are incorporated into and made a part of this contract by this reference to the same extent as if fully set forth.
2. COMPENSATION. To do and perform the work contemplated hereby in a good and workmanlike manner and to furnish all labor, materials, tools, and equipment necessary therefore at the prices specified in Exhibit A, attached hereto and by reference made a part hereof, under the direction of and to the complete satisfaction of the Director of Public Works of the City of Stockton. Total compensation for services and reimbursement for costs shall not exceed $704,298.00, or as otherwise mutually agreed to in a Contract Change Order.
3. INSURANCE. CONTRACTOR shall not commence any work before obtaining, and shall maintain in force at all times during the duration and performance of this contract, the policies of insurance specified in Exhibit B, which is attached to this contract and incorporated by this reference, and as provided in the “contract documents” including Section 7-1.06 of the City of Stockton Standard Specifications and Plans as adopted on September 27, 2016, by Council Resolution No. 2016-09-27-1213, effective September 27, 2016.
It shall be a requirement under this agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the Additional Insured.
EXHIBIT 2
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nstruction Contract – UNITED PAVEMENT MAINTENANCE, INC. –PROJECT NO. WD24003 (Updated 10/18/23)
Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits sp
ecified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named Insured; whichever is greater.
The Additional Insured coverage under the CONTRACTOR’s policy shall be “primary and non-contributory” and will not seek contribution from the City of Stockton’s insurance or self- insurance and shall be at least as broad as ISO CG 20 01 04 13.
The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non- contributory basis for the benefit of the City of Stockton (if agreed to in a written contract or agreement) before the City of Stockton’s own insurance or self-insurance shall be called upon to protect it as a named insured.
All self-insured retentions (SIR) must be disclosed to the CITY’s Risk Management for approval and shall not reduce the limits of liability. Payment Bond in the amount of the self- insured retention (SIR) may be required.
Policies containing any self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or the CITY.
The CITY reserves the right to obtain a full certified copy of any insurance policy and endorsements.
Failure to exercise this right shall not constitute a waiver of right to exercise later.
CONTRACTOR shall maintain insurance as required by this contract to the fullest amount allowed by law and shall maintain insurance for a minimum of five years following the completion of this project. In the event contractor fails to obtain or maintain completed operations coverage as required by this agreement, the City at its sole discretion may purchase the coverage required and the cost will be paid by contractor.
CONTRACTOR agrees to include with all Subcontractors in their subcontract the same requirements and provisions of this agreement including the indemnity and insurance requirements to the extent they apply to the scope of the Subcontractor’s work.
Subcontractors hired by CONTRACTOR agree to be bound to CONTRACTOR and the CITY in the same manner and to the same extent as CONTRACTOR is bound to the CITY under the Contract Documents. Subcontractor further agrees to include these same provisions with any Sub-subcontractor. A copy of the CITY Contract Document Indemnity and Insurance provisions will be furnished to the Subcontractor upon request. The General CONTRACTOR shall require all sub-contractors to provide a valid certificate of insurance and the required endorsements included in the agreement prior to commencement of any work and contractor will provide proof of compliance to the City.
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nstruction Contract – UNITED PAVEMENT MAINTENANCE, INC. –PROJECT NO. WD24003 (Updated 10/18/23)
4. INDEMNITY AND HOLD HARMLESS. To the fullest extent permitted by law, Contractor shall hold harmless, defend, and indemnify City of Stockton and its officers, officials, employees, and volunteers from and against all claims, damages, losses, and expenses including attorney fees arising out of the performance of the work described herein, caused in whole or in part by any negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of the City of Stockton. This obligation is independent of, and shall not in any way be limited by, the minimum Insurance obligations contained in this agreement. These obligations shall survive the completion or termination of this agreement.
5. STANDARD PLANS AND SPECIFICATIONS. The performance of said work and the furnishing of said materials shall be executed in accordance with Section 8-1.04B of the City of Stockton Standard Specifications and Plans as adopted on September 27, 2016, by Council Resolution No. 2016-09-27-1213, effective September 27, 2016, and the provisions of the issued project specifications.
The Director of Public Works will furnish CONTRACTOR a weekly statement showing the number of days charged to the contract for the preceding week, the number of days specified for completion of the contract, and the number of days remaining to complete the contract.
CONTRACTOR will be allowed one (1) week in which to file a written protest setting forth in what respects said weekly statement is incorrect, otherwise the statement shall be deemed to have been accepted by CONTRACTOR as correct.
6. WORKING DAYS. This work shall be diligently prosecuted to completion before the expiration of 40 WORKING DAYS beginning on the tenth calendar day after the date shown on the Notice to Proceed. It is agreed by the parties to the contract that in case all the work called for under the contract in all parts and requirements, is not finished or completed within the number of days as set forth, damage will be sustained by the CITY, and that it is and will be impracticable and extremely difficult to ascertain the actual damage which CITY will sustain in the event of and by reason of such delay; and it is therefore agreed that CONTRACTOR will pay to CITY the sum of FOUR THOUSAND EIGHT HUNDRED AND NO/100 DOLLARS ($4,800.00) per day for each and every calendar day's delay in finishing the work in excess of the number of days prescribed; and CONTRACTOR agrees to pay said liquidated damages as herein provided, and in case the same are not paid, agrees that CITY, may deduct the amount thereof from any monies due or that may become due CONTRACTOR under the contract.
It is further agreed that in case the work called for under the contract is not finished and completed in all parts and requirements within the number of days as specified, the CITY shall have the right to increase the number of days or not, as may seem best to serve the interest of CITY, and if the CITY decides to increase the said number of days, the CITY shall further have the right to charge to CONTRACTOR, CONTRACTOR's heirs, assigns or sureties, and to deduct from the final payment for the work, all or any part, as may be deemed proper, the liquidated damages as specified or the actual cost of engineering, inspection, superintendence, and other overhead expenses which are directly chargeable to
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nstruction Contract – UNITED PAVEMENT MAINTENANCE, INC. –PROJECT NO. WD24003 (Updated 10/18/23)
the contract, and which accrue during the period of such extension, whichever is greater, except th
e cost of final surveys and preparation of final estimate shall not be included in such charges.
A working day shall not include, nor shall CONTRACTOR be assessed with liquidated damages nor the additional cost of engineering and inspection during any delay beyond the time named for the completion of the work caused by acts of God or of the public enemy, acts of CITY, fire, floods, epidemics, quarantine restrictions, strikes, and freight embargoes and subject to approval by the Director of Public Works, inability to get materials ordered by CONTRACTOR or subcontractor due to such causes provided that CONTRACTOR shall notify the Director of Public Works in writing of the causes of delay within five (5) working days from the beginning of any such delay, and the Director shall ascertain the facts and the extent of the delay, and Director's findings of the facts thereon shall be final and conclusive.
If CONTRACTOR is delayed by reason of alterations made in these specifications, or by any act of the Director of Public Works or of the CITY, not contemplated by the contract, the time of completion shall be extended proportionately and CONTRACTOR shall be relieved during the period of such extension of any claim for liquidated damages, engineering or inspection charges or other penalties. CONTRACTOR shall have no claim for any other compensation for any such delay.
7. CONFORMANCE TO APPLICABLE LAWS. Contractor shall comply with all applicable Federal, State, and Municipal laws, rules and ordinances. Contractor shall not discriminate in the employment of persons or in the provision of services under this Contract on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person.
a. TITLE VI
Title VI
of the Civil Rights Act of 1964 requires that “no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.” (42 USC Section 2000d) http://www.dol.gov/oasam/regs/statutes/titlevi.htm.
The City o
f Stockton requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source. b. DISCRIMINATION AND HARASSMENT POLICY
The City o
f Stockton has a Discrimination and Harassment Policy (Exhibit C).
The purpose of this policy is to reaffirm the CITY’s commitment to demonstrating respect for all individuals by strictly prohibiting discrimination and harassment, including sexual harassment in the workplace, to define the types of behavior and conduct prohibited by this policy, and to set forth a procedure
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nstruction Contract – UNITED PAVEMENT MAINTENANCE, INC. –PROJECT NO. WD24003 (Updated 10/18/23)
for reporting, investigating, and resolving complaints of discrimination and harassment
in the workplace.
c. LABOR STANDARDS PROVISIONS/CALIFORNIA LABOR CODE
The bidder
shall understand that conditions set forth in Chapter 1, Part 7, Division 2 of the California Labor Code shall be considered part of the contract agreement.
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=LAB &division=2.&title=&part=7.&chapter=1.&article=2.
d. PREVA
ILING WAGE
CONTRACT
OR and any subcontractor shall pay each employee engaged in the trade or occupation not less than the prevailing hourly wage rate. In accordance with the provisions of Section 1770 of the Labor Code, the Director of Department of Industrial Relations of the State of California has determined the general prevailing rates of wages and employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Section 1773.1, apprenticeship or other training programs authorized by Section 3093 and similar purposes applicable to the work to be done.
CONTRACTOR performing the work under this contract shall obtain a copy of the wage rate determination and shall distribute copies to each subcontractor.
As the wage determination for each craft reflects an expiration date, it shall be the prime CONTRACTOR and each subcontractor's responsibility to ensure that the prevailing wage rates of concern is current and paid to the employee. i. The CONTRACTOR performing the work shall be responsible for obtaining a copy of the State wage rate determination. State wage rates may be obtained at
http://www.dir.ca.gov/OPRL/pwd/Determinations/Northern/Northern.pdf.
The CONTRACTOR shall be responsible for posting said wage rates at a prominent location at the work site and shall maintain same in a good readable condition for the duration of the work.
ii. Should the CONTRACTOR choose to work on a Saturday, Sunday or on a holiday recognized by the Labor Unions, the CONTRACTOR shall reimburse the CITY the actual cost of engineering, inspection, superintendence, and or other overhead expenses which are directly chargeable to the contract. Should such work be undertaken at the request of the CITY, reimbursement will not be required. To conform strictly with the provisions of Division 2, Part 7, Chapter 1, Article 2, of the Labor Code of the State of California. To forfeit as a penalty to CITY the sum of TWENTY-FIVE AND NO/100 DOLLARS ($25.00) for each laborer, worker, or mechanic employed by CONTRACTOR, or by any
subcontractor under CONTRACTOR, in the execution of this contract, for
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nstruction Contract – UNITED PAVEMENT MAINTENANCE, INC. –PROJECT NO. WD24003 (Updated 10/18/23)
each calendar day during which any laborer, worker, or mechanic is required or
permitted to work more than eight (8) hours and who is not paid the general prevailing rate of per diem wages for holiday and overtime work in violation of the provisions of Sections 1770 to 1781 of the Labor Code of the State of California. That all sums forfeited under the provisions of the foregoing sections shall be deducted from the payments to be made under the terms of this contract.
iii. The CONTRACTOR to whom the contract is awarded shall ensure that the prime and each subcontractor will in accordance with Section 1776 of the Labor Code, maintain certified payroll records. A copy of said records shall be provided with each invoice to the Public Works Department, Attention Contract Compliance Officer. It shall be the CONTRACTOR’S responsibility to obtain copies of the current prevailing wage rate determination for all subcontractors. Additionally, certified payroll records must be uploaded to the DIR website as required by labor code. iv. The CONTRACTOR shall comply with the provisions established in Section 1777.5 of the Labor Code concerning the 1) certified approval by local joint apprenticeship committees for the employment and training of apprentices, and 2) contribution of funds to administer and conduct apprenticeship programs, if applicable to the job.
e. LOCAL EMPLOYMENT ORDINANCE
Pursuant
to Stockton Municipal Code Section 3.68.095 the CONTRACTOR and all subcontractors shall make a good faith effort to employ at least 50 percent of the workforce on this project from local residents, as measured by total labor work hours. Failure of any CONTRACTOR or subcontractor to comply with these requirements shall be deemed a material breach of the contract or subcontract. CONTRACTORS and subcontractors shall maintain records necessary for monitoring their compliance with section 3.68.095. f. COMMUNITY WORKFORCE TRAINING AGREEMENT
Pursuant
to the implementation of the Community Workforce Training Agreement (CWTA) adopted by the City Council on July 26, 2016, the successful bidder shall be required to comply with the provisions of CWTA. For any project subject to this Agreement, the Local Hire, Priority Apprentice and Workforce Development Program requirements shall apply in lieu of the requirements of Stockton Municipal Code Section 3.68.095 and no separate compliance with Section 3.68.095 will be required of the Contractors/Employers working on the project (EXHIBIT D).
g. SANCTIONS
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Local Cons
truction Contract – UNITED PAVEMENT MAINTENANCE, INC. –PROJECT NO. WD24003 (Updated 10/18/23)
Deliverables must conform with all applicable federal, state, and local laws.
Such conf
ormity includes compliance with federal sanctions, and Contractor certifies that it has not and will not engage in prohibited transactions with sanctioned persons or entities.
CITY agrees:
8. COMPENSATION. To pay CONTRACTOR for the work herein contemplated in the following manner: Progress payments will be made on or about the first day of each calendar month, in such sum as shall make the aggregate of payment up to such day equal to ninety-five percent (95%) of the proportional contract price, upon the basis of the progress certificate of the Director of Public Works as to the amount of work done and the proportional amount of the contract price represented therefore; and all of the remaining part of the contract price not as aforesaid paid, shall be paid at the expiration of thirty-five (35) days from the completion of said work of construction and the certification by the Director of Public Works of such completion.
9. SECURITIES. Pursuant to Section 22300 of the Public Contract Code, CONTRACTOR will be permitted, at its request and sole expense, to substitute securities for any monies withheld by the CITY to ensure performance under the contract. Said securities will be deposited either with the CITY or with a State or federally chartered bank as escrow agent. Securities eligible for this substitution are those listed in Section 16430 of the California Government Code or bank or savings and loan certificates of deposit.
CONTRACTOR shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon.
10. CHANGE ORDERS. CITY reserves the right to make such alterations, deviations, additions to or omissions from the plans and specifications, including the right to increase or decrease the quantity of any item or portion of the work, as may be deemed by the Engineer to be necessary or advisable and to require such extra work as may be determined by the Engineer to be required for the proper completion or construction of the whole work contemplated.
Any such changes will be set forth in a contract change order which will specify, in addition to the work done in connection with the change made, adjustment of contract time, if any, and the basis of compensation for such work. A contract change order will not become effective until approved by the City Manager and/or the City Council.
Processing of change orders shall be in accordance with Section 4-1.05A of the City of Stockton Standard Specifications and Plans as adopted by Council on September 27, 2016, by Resolution No. 2016-09-27-1213, effective September 27, 2016, or as otherwise amended by Council. When the compensation for an item of work is subject to adjustment under the provisions of Standard Specifications and Plans, Section 4-1.05A, CONTRACTOR shall, upon request, promptly furnish the Engineer with adequate detailed cost data for such item of work.
EXHIBIT 2
11. AUDITS. CITY reserves the right to periodically audit all charges made by CONTRACTOR to CITY for services under the contract. Upon request, CONTRACTOR agrees to furnish CITY, or a designated representative, with necessary information and assistance.
CONTRACTOR agrees that CITY or its delegate will have the right to review, obtain and copy all records pertaining to performance of the contract. CONTRACTOR agrees to provide CITY or its delegate with any relevant information requested and shall permit CITY or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this requirement. CONTRACTOR further agrees to maintain such records for a period of three (3) years after final payment under the contract.
12. WAIVER. It is expressly understood and agreed by and between the parties hereto that a waiver of any of the conditions of this contract shall not be considered a waiver of any of the other conditions thereof.
It is further understood and agreed by and between the parties hereto that time is of the essence of this contract in all respects.
IN WITNESS WHEREOF, the parties hereto have hereunto affixed their hands and seals the day and year first above written.
ATTEST:
ELIZA R. GARZA, CMC
CITY CLERK
By: ___________ _
APPROVED AS TO FORM & CONTENT:
LORI M. ASUNCION
OFFICE OF THE CITY ATTORNEY
By:-------------
DEPUTY CITY ATTORNEY
CITY:
By: ____________ _
HARRY BLACK
CITY MANAGER
By � v V oltc,Ja CA
• UITED MAINTENANCE
PAVEMENT, INC.
L\J \439 J.�q
Tax Identification No.
Local Construction Contract- UNITED PAVEMENT MAINTENANCE, INC. -PROJECT NO. WD24003 (Updated 1011a123)
EXHIBIT 2
LOCAL STREET RESURFACING PROGRAM FY 2023-24 SB1 - MILL AND OVERLAY PROJECT NO. WD24003D
BIDDING SCHEDULE
Each bidder shall bid each item, including all alternate bid(s). Failure to bid an item shall be just cause for considering the bid as non-responsive. Line item costs should include all Contractor's overhead and profit and indirect costs. Bids not presented on City forms shall be cause for considering the bid as non-responsive. -
I 1-:4,
Item Description Unit Quantity - Total Price price
1 Mobilization 1
LS 66,324 66,324
2 Traffic Control LS 1
51,500 51,500 '
3 Water Pollution Control LS 1
6,618 6,618
4 Adjust Maintenance Hole EA 30
900.00 27,000
5 Adjust Water Valve Cover EA 5
850.00 4,250 I
Adjust Centerline Survey Monument fl
6 EA 6 ,.
Cover 850.00 5,100
7 Install Residential Driveway Per Stockton EA 1 DWG R-58 8,000 8,000 8 Install Curb Ramp Per Stockton DWG R- EA 65 18
10,000 180,000
9 Install Curb Ramp Per Stockton DWG R- EA 1 66 9,000 9,000 - 10 Install Curb Ramp Per Modified A EA 3
10,300 30,900
11 Install Curb Ramp Per Modified C EA 1
-
8,000 8,000
12 Install Detectable Warning Surface EA 1
1,000 1,000
13 Install Traffic Loops EA 12
2,000 24,000
14 Install Detail 2 Striping LF 1700
1.75 2,975
Bid Forms Last Revised 12/31/20
EXHIBIT 2
EXHIBIT A
Item Description Unit Quantity Unit Total Price price
15 Install Detail 9 Striping LF 500
1.75 875.00
16 Install Detail 22 Striping LF 500
4.25 2,125
-
17 Install Detail 27M Striping LF 700
3.25 2,275
18 Install Detail 29 Striping LF 300
8.60 2,580
19 Install Detail 32 Striping LF 200
6.50 1,300
20 Install Detail 38A Striping LF 400
2.16 864.00
21 Install White Thermoplastic (Arrows, SF 1600 Crosswalks, and All Pavement Legends) 8.00 12,800 22 Cold Planing - (3.0-lnch) SY 22,000
4.24 93,280
Hot Mix Asphalt (Type A) - Asphalt
I 23 Material Provided by City's Asphalt TON 3700 Contract ' 122,100
!
33.00 I
24 Additional Concrete Sidewalk Removal
and Replacement SF 400
20.00 8,000 -
Additional Curb and Gutter Removal and LF 200 25 Replacement
70.00 14,000
--
26 Speed Hump Removal and Replacement EA 4 -
4,858 19,432
--
TOTAL BID $704,298
BIDDER'S NAME United Pavement Maintenance, Inc.
-
Bid Fonns Last Revised 12/31/20
EXHIBIT 2
EXHIBIT A
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Exhibit B:
Insurance Requirements
(
MILL AND OVERLAY WD24003)
Contractor shall procure and maintain for the duration of the contract, and for 5 years thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees, or subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $2,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.
4. Surety Bonds as described below.
If the contractor maintains broader coverage and/or higher limits than the minimums shown above, the City of Stockton requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Stockton.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by
EXHIBIT 2
EXHIBIT B
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either the named insured or City of Stockton. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City of Stockton. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City of Stockton may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named Insured.
The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. City of Stockton reserves the right to obtain a copy of any policies and endorsements for verification.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
1. The City of Stockton, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor.
General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
Additional insured Name of Organization shall read “City of Stockton, its officers, officials, employees, and volunteers.” Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract.
2. For any claims related to this project, the Contractor’s insurance coverage shall be primary and non-contributory insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City of Stockton, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Stockton, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies. The City of Stockton does not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.
3. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the City of Stockton.
Claims Made Policies (Professional & Pollution only)
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EXHIBIT B
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If any coverage required is written on a claims-made coverage form:
1. The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work.
3. If coverage is cancelled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.
4. A copy of the claims reporting requirements must be submitted to the City of Stockton for review.
5. If the services involve lead-based paint or asbestos identification/remediation, the Contractors Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.
Umbrella or Excess Policies
The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the City of Stockton.
Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss.
Contractor agrees to obtain any endorsement that may be necessary to affect this
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EXHIBIT B
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waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Stockton for all work performed by the Contractor, its employees, agents and subcontractors.
Verification of Coverage
Contractor shall furnish the City of Stockton with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City of Stockton before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City of Stockton reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all requirements stated herein, and Contractor shall ensure that City of Stockton is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.
Duration of Coverage
CGL & Excess liability policies for any construction related work, including, but not limited to, maintenance, service, or repair work, shall continue coverage for a minimum of 5 years for Completed Operations liability coverage. Such Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
Surety Bonds
Contractor shall provide the following Surety Bonds:
1. Bid Bond
2. Performance Bond
3. Payment Bond
4. Maintenance Bond
The Payment Bond and the Performance Bond shall be in a sum equal to the contract price. If the Performance Bond provides for a one-year warranty a separate
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EXHIBIT B
REV 2022-05-17
Maintenance Bond is not necessary. If the warranty period specified in the contract is for longer than one year a Maintenance Bond equal to 10% of the contract price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.
Special Risks or Circumstances
City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances.
Certificate Holder Address
The address for mailing certificates, endorsements and notices shall be:
City of Stockton
Its Officers, Officials, Employees and Volunteers
400 E Main Street, 3rd Floor – HR
Stockton, CA 95202
EXHIBIT 2
EXHIBIT B
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 1 of 14
DISCRIMINATION AND Effective Date: Revised From:
HARASSMENT POLICY 7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 I. PURPOSE
The purpose of this policy is to reaffirm the City's commitment to demonstrating respect for all individuals by strictly prohibiting discrimination and harassment, including sexual harassment in the workplace. This policy defines prohibited behavior and conduct, and sets forth a procedure for reporting, investigating and resolving complaints of discrimination, harassment, in the workplace, including retaliation and hostile work environment.
II. POLICY
A. The City of Stockton prohibits any form of discrimination and/or harassment of any person based on race, religious creed, color, national origin, ancestry, military and veterans status, physical or mental disability, medical condition, genetic characteristics or information, denial of family and medical care leave, marital status, sexual orientation, sex (including gender, gender identity, gender expression, transgender, pregnancy, childbirth and breastfeeding), political affiliation, age (40 and older), concerted labor activity, or any other category or attribute consistent with state or federal law.
All such discrimination and harassment is unlawful and shall not be tolerated. In addition, under the federal Affordable Care Act (ACA), the City of Stockton prohibits discrimination and/or harassment, or retaliation against an employee who obtains coverage, receives a tax credit or subsidy through the Health Care "Market Place" or "Exchange."
B. It is an unlawful employment practice to discriminate against or to harass an unpaid intern or volunteer on the basis of any legally protected classification unless an exception applies, such as a bona fide occupational qualification.
C. The City will neither tolerate nor condone discrimination and/or harassment of employees by managers, supervisors, co-workers, or non-employees with whom City employees have a business service, or professional relationship.
D. All City employees and non-employees share a responsibility to assist in
EXHIBIT 2
EXHIBIT C
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 2 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 maintaining an employment environment free of discrimination and harassment. This policy applies to all aspects of City employment, including, but not limited to, hiring, reassignment, placement, promotion, employment action, disciplinary action, layoff, reemployment, transfer, leave of absence, compensation and benefits, training; or other terms of treatment of that person in an unpaid internship, or another limited duration program to provide unpaid work experience for that person, or the harassment of an unpaid intern or volunteer.
E. All allegations of discrimination and/or harassment shall be investigated immediately by the City, in accordance with this policy. If it is determined that any prohibited activity has occurred, remedial action shall be taken. Such action may include discipline up to and including discharge. In addition, under applicable law, individual supervisors and employees may be subject to personal liability and/or punitive damages in any litigation arising as a result of such conduct.
F. All new hires shall attend harassment awareness training, and supervisors and managers shall attend harassment awareness and prevention training for supervisors every two years.
G. The City of Stockton prohibits retaliation against any employee or non employee by another employee, non-employee, supervisor, or manager for reporting, filing, testifying, assisting or participating in any manner in any investigation, proceeding, or hearing conducted by the employer or a federal or state enforcement agency.
H. This policy applies to all officials, employees, volunteers, unpaid interns, agents, or contractors of the City.
I. This policy shall be administered by the Director of Human Resources.
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EXHIBIT C
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 3 of 14
DISCRIMINATION AND Effective Date: Revised From:
HARASSMENT POLICY 7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment m the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 Ill. DEFINITION AND EXAMPLES OF DISCRIMINATION AND HARASSMENT A. "Discrimination," as used in this policy, is any action, behavior, practice, or process that is intended to deny, or results in the denial of, employment rights, privileges, or benefits because of a person's race, religious creed, color, national origin, ancestry, military and veterans status, physical or mental disability, medical condition, genetic characteristics or information, denial of family and medical care leave, marital status, sexual orientation, sex (including gender, gender identity, gender expression, transgender, pregnancy, childbirth and breastfeeding), political affiliation, age (40 and older), concerted labor activity, or any other prohibition identified under state and federal law. The following are examples of conduct that may constitute discrimination:
1. Soliciting applications from a source where all or most of potential workers are of the same race or color.
2. Considering a person's gender as the basis for differences in pay, work assignments, performance evaluations, training, discipline, or any other area of employment; and
3. Questioning a job applicant about the existence, nature and severity of a disability.
B. "Harassment," as used in this policy, consists of any conduct affecting another person because of his or her race, religious creed, color, national origin, ancestry, military and veterans status, physical or mental disability, medical condition, genetic characteristics or information, denial of family and medical care leave, marital status, sexual orientation, sex (including gender, gender identity, gender expression, transgender, pregnancy, childbirth and breastfeeding), political affiliation, age (40 and older), concerted labor activity, or any other category or attribute identified under state and federal law when such conduct has the purpose or the effect of: (1) creating an intimidating, hostile or offensive work environment; (2) unreasonably interfering with the employee's or non-employee's work performance; or (3)
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EXHIBIT C
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 4 of 14
DISCRIMINATION AND
HARASSMENT POLICY
Effective Date: Revised From:
7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 otherwise adversely affecting an employee's or non-employee's employment opportunities.
Harassment may take many forms, including, but not limited to, the following examples:
1. Verbal Harassment: Epithets, derogatory and offensive comments or slurs based on race, religion, color, national origin, ancestry, physical or mental disability, marital status, pregnancy, medical condition, gender, sexual orientation, political affiliation, age, or any other category or attribute identified under state and federal law.
2. Physical Harassment: Assault, impeding or blocking movement that results in the physical interference with normal work or movement on the basis of race, religion, color, national origin, ancestry, physical or mental disability, marital status, pregnancy, medical condition, gender, sexual orientation, political affiliation, age, or any other category or attribute identified under state and federal law.
3. Visual Harassment: The displaying of posters, photography, notices, bulletins, e-mails, cartoons or drawings with derogatory and offensive content based on race, religion, color, national origin, ancestry, physical or mental disability, marital status, pregnancy, medical condition, gender, sexual orientation, political affiliation, age, or any other category or attribute identified under state and federal law.
C. "Sexual harassment," as used in this policy, is a subcategory of harassment, and is specifically defined by law as unwanted sexual advances, requests for sexual favors or visual, verbal or physical conduct of a sexual nature when:
1. Submission to such conduct is made a term or condition of employment; or
2. Submission to or rejection of such conduct is used as a basis for employment decisions affecting the individual; or
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EXHIBIT C
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 5 of 14
DISCRIMINATION AND
HARASSMENT POLICY
Effective Date: Revised From:
7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93
3. Such conduct has the purpose or effect of unreasonably interfering with an employee's or non-employee's work performance or creating an intimidating, hostile or offensive working environment because of the persistent, severe or pervasive nature of the conduct.
Examples of Sexual Harassment include, but are not limited to the following:
a. Unwelcome sexual overtures or propositions.
b. Offering employment benefits or status in exchange for sexual favors.
c. Making or threatening retaliation after a negative response to sexual advances.
d. Visual conduct such as leering, making sexual gestures, displaying sexually suggestive objects or pictures, cartoons, calendars or posters.
e. Verbal conduct such as using epithets or slurs, telling sexually explicit jokes, or making derogatory or suggestive comments about a person's body or dress.
f. Written communications of a sexual nature distributed in hard copy, soft copy or via a computer network.
g. Verbal abuse of a sexual nature, graphic verbal commentary about an individual's body, sexually degrading words to describe an individual, suggestive or obscene letters, notes or invitations.
h. Physical conduct such as touching, assaulting, impeding or blocking movements.
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EXHIBIT C
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 6 of 14
DISCRIMINATION AND Effective Date:
HARASSMENT POLICY
Revised From:
7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95. 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 i. Retaliation for making harassment reports or threatening to report harassment.
D. Affordable Care Act (ACA) Anti-Retaliation
Pursuant to section §1558 of the Affordable Care Act, the City prohibits discrimination or retaliation towards any employee who:
1. Receives a health insurance tax credit or subsidy through the Health Care "Marketplace" or "Exchange", by which can trigger a penalty payable by the employer;
2. Reports potential violations of protections afforded under Title I of the Act, which provides guaranteed availability protections among other things;
3. Testifies in a proceeding concerning such violation;
4. Assists or participates in a proceeding concerning a violation; or
5. Objects to, or refuses to participate in, any activity, policy, practice, or assigned task that the employee reasonably believes to be in violation of any provision of the Title I of the Act.
An employee who believes that he or she has been discharged or otherwise discriminated against in violation of section §1558 of the Affordable Care Act may seek relief in accordance with the procedures, notifications, burdens of proof, remedies, and statutes of limitation set forth in section 2087(b) of title 15, United States Code.
IV. REPORTING AND COMPLAINT PROCEDURES
A. Immediate Action Required
The City's reporting and complaint procedures provide for an immediate, thorough and objective investigation of discrimination or harassment claims, appropriate disciplinary action taken against any person found to have engaged in prohibited behavior, and appropriate alternative remedies to any
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EXHIBIT C
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 7 of 14
DISCRIMINATION AND Effective Date: Revised From:
HARASSMENT POLICY 7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 employee or non-employee subject to discrimination or harassment. To accomplish this, such incidents must be reported immediately to a supervisor or manager.
1. Employee's and Non-Employee's Responsibilities when Subjected to Discrimination and/or Harassment
a. Employees or non-employees who believe they have been subjected to discrimination or harassment, or are aware of discrimination or harassment against others, shall report the situation immediately to his/her supervisor or manager, except as specified in subsection (b), below. Employees and non employees shall report any such incidents occurring in the workplace, whether committed by coworkers, supervisors or managers, or third persons doing business with the City, such as customers or vendors, or other non-employees. If
comfortable doing so, an employee or non-employee who has a complaint of discrimination or harassment is encouraged to directly inform the person(s) engaging in the behavior that such conduct is offensive and insist the behavior to stop.
b. Employees and non-employees must immediately contact a supervisor or manager to register a complaint of discrimination or harassment, unless that supervisor or manager is the individual engaging in the unwanted behavior. In that case, the employee or non-employee may contact someone at the next supervisory level. If the employee or non-employee feels uncomfortable dealing directly with his or her immediate supervisor or manager, he or she may contact the department head, or the Director of Human Resources (or either of their designees) to register a complaint of discrimination or harassment.
c. Employees and non-employees may file a formal complaint of harassment or discrimination with their department head or
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EXHIBIT C
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 8 of 14
DISCRIMINATION AND
HARASSMENT POLICY
Effective Date: Revised From:
7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment In the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 with Human Resources. To assist the City in conducting a thorough investigation, complaints shall be submitted in writing and shall include specific details of the incident(s), the names of the individuals involved, the names of any witnesses, and any documentary evidence (notes, pictures, cartoons, etc.) that will corroborate the allegations.
d. Employees and non-employees shall immediately report any retaliation to a supervisor, manager, department head or Director of Human Resources (or designee). All retaliation complaints shall be immediately, objectively and thoroughly investigated in accordance with the investigation procedures.
If a report of retaliation is substantiated, appropriate disciplinary action, up to and including discharge shall be taken.
2. Supervisor's or Manager's Responsibilities to Eliminate Discrimination and/or Harassment
a. A supervisor or manager is responsible for enforcing the City's discrimination and harassment policy. Supervisors or
managers must ensure that all employees and non-employees are aware of the City's policy through open discussion of the policy at staff meetings and by posting the policy in a conspicuous location accessible to all staff members.
b. A supervisor or manager shall be cognizant of employees' and non-employees' behavior and shall not permit any employee or non-employee under their supervision to be subjected to or engage in any conduct prohibited by this policy.
c. A supervisor or manager who observes conduct prohibited by this policy shall immediately direct the employee or non employee to cease the conduct.
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EXHIBIT C
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 9 of 14
DISCRIMINATION AND Revised From:
HARASSMENT POLICY
Effective Date:
7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 d. A supervisor or manager who receives a complaint of
prohibited conduct is required to take the complaint seriously, and report the matter immediately to the department head; be supportive of the complainant; ensure there is no retaliation against the complainant; conduct an internal fact-finding review into the allegations; obtain as much detailed information as possible; thoroughly document the findings; communicate in written form to the parties the resolution of the complaint; and report to and consult with the Human Resources Department promptly, without delay.
B. Confidentiality. The City will make every effort to protect the privacy and confidentiality of all parties involved, as well as any information and/or documentation obtained, to the extent possible consistent with a thorough investigation.
C. Penalty for Non-Compliance. The City shall take disciplinary action, up to and including discharge, against any supervisor or manager who fails in his/her responsibility to take immediate action in response to an employee's or non-employee's complaint of discrimination or harassment. Further, such disciplinary action shall be taken against a supervisor or manager who fails to stop discriminatory or harassing conduct committed in his/her presence or to stop such conduct about which the supervisor or manager has knowledge.
V. INVESTIGATION PROCEDURES
A. Determination of Responsibility for Investigation
If a formal complaint is filed with the department head or the Director of Human Resources (or either of their designees), the department head and the Director of Human Resources shall consult with one another to determine whether the department or Human Resources shall conduct the fact-finding investigation into the allegations. Either the department head or the Director of Human Resources (or either of their designees), depending on who is
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EXHIBIT C
Subject:
B.
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No.10 of 14
DISCRIMINATION AND Effective Date: Revised From:
HARASSMENT POLICY 7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment In the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 responsible for the investigation, shall issue written notification to the complainant and alleged harasser(s). The notification shall specify the nature of the complaint, and inform the parties that an investigation into the allegations of discrimination and/or harassment shall be conducted.
Investigative Guidelines
The investigation shall include the following steps taken in the order best suited to the circumstances:
1. Identify and preserve the evidence.
2. Confirm the name and position of the complainant. Interview the complainant.
3. Allow the complainant the opportunity to place the complaint in writing.
4. Obtain the identity of the alleged harasser(s).
5. Obtain as many details as possible regarding the incident(s) that prompted the complaint, including the number of occurrences, dates, times, locations, and witnesses (if applicable).
6. Ascertain how the complainant felt about the alleged incident when it occurred; complainant's response(s) to the alleged behavior; and witness statements (if applicable).
7. Ascertain if any threats or promises were made in connection with the alleged harassment.
8. Ascertain if the complainant knows of or suspects that there are other victims of harassment by the same person(s).
9. Ascertain whether the complainant has spoken to anyone, especially
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EXHIBIT C
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 11 of 14
DISCRIMINATION AND
HARASSMENT POLICY
Effective Date: Revised From:
7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment m the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 supervisors, about the harassment.
10. Ascertain what resolution would be acceptable to the complainant.
11. Interview the alleged harasser to get his or her side of the story, including any possible motivation for a false allegation.
12. Interview witnesses who were identified by the complainant regarding the alleged harasser or other persons identified during the investigation.
13. Interview witnesses who were identified by the alleged harasser or other persons identified during the investigation.
14. Advise all participants that the investigation is "confidential" and not to engage in any retaliatory conduct, as such conduct is subject to disciplinary action up to and including discharge. Confidentiality will be maintained to the extent possible. An individual who is interviewed during the course of an investigation is prohibited from discussing the substance of the interview, except as otherwise directed by a supervisor or the Director of Human Resources. Any individual who discusses the content of an investigatory interview will be subject to discipline or other appropriate sanction.
15. Conduct follow-up interviews, if warranted.
16. Prepare report of findings and discuss with management and designated legal staff.
VI. RESPONDING TO THE COMPLAINT
A. Following the completion of the fact-finding investigation, either the department head or the Director of Human Resources (or either of their designees), depending on who is responsible for the investigation, shall
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EXHIBIT C
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No.12 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 make a report of findings, along with a recommendation regarding the appropriate remedial action to be taken, if warranted. The recommendation shall be made after reviewing the findings of the investigation, giving consideration to all factual information, the nature of the alleged conduct, and the totality of the circumstances. If the investigation was conducted by the Director of Human Resources, or designee, the Director, or designee, shall confer with the affected department head and both shall concur on the remedial action to be taken, if any. If the investigation was conducted by the department head, the department head shall confer with the Director of Human Resources prior to making the report of findings and both shall concur on the remedial action to be taken, if any.
B. If either the department head or the Director of Human Resources does not concur with the findings and recommendation of the other, the City Attorney (or designee) shall review and resolve the matter in dispute.
C. Report of findings and recommendation shall be treated as a confidential document and no other distribution shall be made without first consulting with the City Attorney's Office. A completed investigation report will not be disclosed, except as it is deemed necessary to support a disciplinary action, to take remedial action, to defend the City in adversarial proceedings, or to comply with the law or court order.
D. Either the department head or the Director of Human Resources (or either of their designees), depending on who is responsible for the investigation shall provide a written response to the complainant and the person alleged to have committed the misconduct, discrimination and/or harassment. The response shall include a copy of the City's discrimination and harassment policy and a memorandum indicating the City's determination as to whether the complaint is:
1. Unsustained: The investigation failed to disclose sufficient evidence to substantiate the allegation(s).
2. Unfounded: The investigation proved that the act(s) or omission(s)
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EXHIBIT C
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Subject: Directive No. HR-15 Page No. 13 of 14
DISCRIMINATION AND Effective Date: Revised From:
HARASSMENT POLICY 7/27/09
3. 5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 complained of did not occur. The finding also applies when the individual employee(s) named in the complaint were not involved in the act(s) or omission(s) alleged.
Sustained: The investigation disclosed sufficient evidence to substantiate the allegation(s) made in the complaint; appropriate action will be taken.
E. Details regarding any specific fact-findings or disciplinary action to be taken will not be communicated to the complainant. The City Attorney shall review the response for legal sufficiency before dissemination.
F. The City shall close and retain the investigation file, in accordance with applicable laws, regulations, and City policy regarding retention of City records.
VII. DISCIPLINE
Disciplinary action imposed as a result of any investigation conducted pursuant to this policy shall be commensurate with the severity of the offense, up to and including discharge, even for a first offense.
VIII. ALTERNATIVE REMEDIES
If upon exhausting all internal remedies to file, investigate, and respond to a charges of discrimination/harassment, pursuant to title VII of the Federal Civil Rights Act of 1964 (42 U.S.C §§ 2000e et seq.), any person has a right to file a charge of discrimination/harassment with the Equal Employment Opportunity Commission ("EEOC"). In addition, pursuant to the California Fair Employment and Housing Act (Gov. Code §§ 12900 - 12996.) a person may also file a complaint of discrimination/harassment with the California Department of Fair Employment and Housing ("DFEH"). Employees or non-employees who believe that they have been subjected to discrimination/harassment may file a complaint with either of these
EXHIBIT 2
EXHIBIT C
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Subject: Directive No. HR-15 Page No. 14 of 14
DISCRIMINATION AND
HARASSMENT POLICY
Effective Date: Revised From:
7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 agencies. Both the EEOC and DFEH serve as neutral fact-finders and attempt to assist parties in resolving disputes voluntarily.
IX. COMMUNICATION OF POLICY
This policy shall be provided to all managers, supervisors, employees, volunteers, unpaid interns, agents or contractors of the City and shall be posted in the appropriate places. All employees shall participate in City approved harassment awareness training as directed by management or Human Resources; and all supervisors, as required by law, shall participate in City approved interactive harassment awareness training and education sessions at least once every two years, or as otherwise specified by law.
APPROVED:
c:r��SON
CITY MANAGER
::ODMA\GRPWISE\COS.PER.PER_Library:96180.1
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THE FINAL PREMIUM IS
PRl;:DICATED ON THE
FINAL CONTRACT AMOUNT
BOND FOR FAITHFUL PERFORMANCE
KNOW ALL MEN BY THESE PRESENTS:
That we, UNITED PAVEMENT MAINTENANCE, INC,, a STATE OF
CAt.lFORNIA CORPORATION; as Principal' and' Atlantic Specially Insurance Company a corp.oration, organiz.ed and existing,,under the laws .. of. the. State. of ....,N""ew=Y...,o...,rk,.... ___ _ and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Stockton, a municipal corporation, duly, created. and, existing; under amlby, virtue. of thedaws. of, thee State of, Californiai as, obligee, in the just and full sum of SEVEN HUNDRED FOUR THOUSAND TWO HUNDRED NINETY-EIGHT AND 00/100 DOLLARS ($704,298.00), in lawful money of tha- United States· of America, (being· 100%. of' the, contract· pricer for the, payment whereof well and truly to be made to the said CITY, the said Principal and Surety bind themselves, their successors and assigns, jointly and severally, firmly by these presents.
The condition of the foregoing. obligation is such that the above bounded Principal has simultaneously entered into a contract with the CITY, to do and perform the followingworl<, to wit
LOCAL STREET RESURFACING PROGRAM FY 2023-24 SB1 - MILL AND OVERtAY'PRO:.IEC'.J'
(PROJECT NO. WD24003)
NOW, THEREFORE, if the above bounden Principal, CONTRA"CTOR; Company or
Corporation or its subcontractor, shall well and truly perform the work contracted to be done under said contract, then this obligation to be null and void; otherwise to remain in ful1Jorceoand0e.ffect.
No prepayment or delay in payment and no change, extension, addition or alteration of any provision of said contract, or in said plans or specifications agreed to betweens Ute said'CONTRACTOR' amtttlesaid'CJ'J'Y; arnf no forbearance orr tt\e part of the. said CITY shall operate to relieve any Surety or Suretie.s from liability on this b.and,
EXHIBIT 2
and. consent by said .. Sure� is hereb.y gjven, and the said Surety. hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.
StGNEO ANU SEAhED-on_. _;_N...;..:o.v_;_am=-beC...C.r-'--8th�,..;;c.20.;;..;;2�3 __________ _ APPROVED AS TO SURETY:
APPROVED AS TO FORM & CONTENT:
JOHN°M; lUEBBERKELORl Ma ASUNCION
OFFICE OF THE CITY ATTORNEY
By: _________ _
DEPUTY CITY ATTORNEY
Atlantic Specialty Insurance Company
SURETY
By: ex ,;; 2
ATTORNEY-IN-FA '-
Benjamin Wolfe
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ACKNOWLEDGMENT
A notary pub!ic- 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 Sacramento
On ___ 1..:....1:.:../0=8=/=20=2=3'------ before me, ___ C_h_e_ls_ea_u_·b_e_ra_to_r;_e�, N_o_t_a_ry_P_u_b_lic _____ _ (insert name and title of the officer)
personally appeared Beniamin Wolfe
who proved to me on the basis of satisfactory evidence to be thep_erson(s} whose name(s) is/are subscnbed 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 taws-of·the·State of Catifomia that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature � .. 6...,./4,,
Chelsea Liberatore
(Seal)
EXHIBIT 2
rintict] L1 INS URANCE
Bond No. 8001 613 23
Pov11er of Attorney
KNOW ALL MEN BY THESE PRES ENTS, that ATLANTIC SPECIALTY INSURANCE COMPANY, a New York corporation with lrs prindp.al office f11 Plymoulh, Minnesota; does· hereby consLilute and appolnt: Ai1uro·A)'al9:; Daniel 1-luckabay,: Frank Morones, Shaunna·RozellC-Ostrom.; Btu· Stong-; Midtael'D·Stong,:
Benjamin Wolfe, Chelsea Liberatore, Adrian Langrell, each individually if there be. more than one named, its true and lawful Auorney-in-filct, to make, execute, seal and deliver, for and on iLs behalf as surely, any and all bonds, recognizances, contrncts of indemnily, and a1l olher writings obUgaLory in the naLure thereof; provided Lhat no bond or undertaking executed Under this authority shall exceed inamount1he sum ofi unlimited tind· the-execution of Such bond.-., rccognf7.ances,. contracts of indemnity;-and all other writings obJigatoly .in the nature thereof in pursuance of these presents, shall be as binding upon sald Company as if they had been fully signed by an authorized officer of the Company and scaled with the Company seal. 111is Power of Attorney is m.ide and executed by authority of the following resolulions adopted by 1he Board of Direl'iors of A TI,ANTIC SPECIAL TY-INSURANCE COMPAN:Y- on the twenty-fifth day of Septemberi 2012:
Resolved: That the President, any Senior Vice President or Vice-President {each an "Authorized Officer•') may execute for and in behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligalOry in the nature thereof, and affix the seal of the Company thereto; and that the Allth0riZed Officer may appoint and ·authorize an Attomey-in-FB.cl to execute on behalf of the Company any and an sucti ilistruments and to affiX tli"e-Company seal thereto; and that dte Authorized Officer may at any time remove any such Attorney-in-Fact and revoke all power and authority given to any such Attorney-in,,.
Fact.
Resolved: That the Attorney-in-Fact may be given full power and authority to execute for anti in the name and on behalf of tbe Company any and all bond.<;, recogni1.ances, contracts of indemnily, and all other writings obligatory in the- nature thereof, and any such instrument exec.med by any such AUorney-in-Fact sllall he as 'binding upon the Compan)" as if signed and st.••tled-by an Authorized Officer:and,- further, the Attomcy.-in-Fact is hereby.authorized to verify-any-affidavit required to ·be attached to bonds, recognizances, contracts of indemnity, and alt otber writings obligatory in the nature thereof.
This power of attorney is signed and sealed by facsimile under 1he aulhoriLy of the following Resolution adopted by the Board of Directors o! ATLANTIC SPECIAL TY INSURANCE COMPANY on the twenty-fifth day of September, 2012:
Resolved:- TI1at the signature of-an Authori.7.ed Officer;·the signature ohhe Secretary or the Assistant Secretary, mid·dte Company seal may·b'e affixed by facsimile to any power of attomey or to any certificate relating thereto appointing an Attorney-in-Fact for purposes only o( executing and sealing any bond, unde11aking, recognizance or olber wriuen obligation Jn the nature thereof, and imy such signa111re and seal where so used, being hereby adoplerl by lhe Company as the orlginal signature of such officer and the original seal of the Company-, robe va1id and binding upon !he Company with the.�ame force ,md'cffcct as t110ug11 manuaUy affixet1.
lN WITNESS WHEltEOF, ATLANTIC SPECIJ\l,TY INSU RANCE COMPANY has caused these presents to be s.igned by an Authori7.ed Officer and the seal of the Company to he affixed this first day of January, 2023.
- - -----------
STATE OF MINNESOTA
HENNEPIN COUNTY
By
Sarah A. Kolar, Vice President and Genernl Counsel
On this first day of January, 2023, before me personally came Sarah A. Ko Jar, Vice President and Gener<d Counsel of ATLANTIC SPECIALTY INSURANCE COMPANY, to me personally known Lo be 1he individual and officer described in and who executed the preceding instrument, and she acknowledged lhe exeeulion of the same, and being by me duly sworn, that she is the said officer of the Company aforesaid, and tha.t the seal affixed to the preceding instrument is the seal of said Company and that the said seal and the signature as such officer was dnly affixed and subscrfued to the said instrument by the authority and ant1e direction ofthe.Compauy. ·e AUSON DWAl+IIASH-TROOT '
• . -, NOTARYPUBLlC•MINNESOTA·•. �
• ·t,1v.commlHlou£xplres ••
January M, 2025 Notary Public
1. the undel'Signed, Secretary of ATJ;ANTIC SPECIALTY JNSURANCF. COMPANY, a New York Corporation, do hereby certify that 111c foregoing powcr·of attorney is in full force and has
not been revoked, and the resolutions set forth above are now in fol'cc-.
Signed and sealed. Dated 8th. day.of November , 2-023 .
I
This Power of Attorney expires
IJanuary 31 ; 2025
Please direct ·bond vcrificatioris to·Surpty@)intactinsnrann,.mm Kara LR, Barrow, Secretary
EXHIBIT 2
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
J 11am 13D@f3§0:I 1:1 !Hit! II 1:1 S:t@CO:ffl !0:1!11:JS:a ea Et 6160{:J 000008080000UiU)9601800961081 BB El I 010601 81 !:I 63tfl2%10'?C7Y00006 0::0:0 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 Stanislaus }
on November 13, 2023 before me, Annette M Kinsfater, Notary Public Date Here Insert Name and Title of the Officer
personally appeared Rodolfo Ruvalcaba
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. eeeeeeooeo�, ANNETTE M. KIHSFATER
' Notary Public • California :
Merced County ! f Commission If 2460852
,. My Comm. Expires Aug 25, 2027
Place Notary Seal and/or Stamp Above
I certify under PENAL TY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
.
Signature
�Uffi0:1t��
OPTIONAL
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Bond for Faithful Performance Document Date: _1�1�-�8�-2=0=2=3� ________________ Number of Pages: _4 ___ _ Signer(s) Other Than Named Above: _N_0_0_th_e_r _si_gn_ e_ rs __________________ _ Capacity(ies) Claimed by Signer(s)
Signer's Name: _R_od_ o_lf_o _R_u_va_lc_ a _b_a ______ _ � Corporate Officer - Title(s):P_re_s_id _e_nt _____
□ Partner - □ Limited □. General
□ Individual □ Attorney in Fact
□ Trustee □ Guardian or Conserv ator
□ Other:
Signer is Representing: _________ _
Signer's Name:
□ Corporate Officer - Title(s): ______ _
□ Partner - □ Limited □ General
□ Individual □ Attorney in Fact
□ Trustee □ Guardian or Conservator
□ Other:
Signer is Representing: _________ _
01 com u 100008880:0:BBBO o o c @e:o e o@oo�e:r:s��@aeoma� ©2019 National Notary Association
EXHIBIT 2
THE FINALPREMIUM IS
P�ICATED·ON THE
FINAL CONTRACT AMOUNT
BONDFORLABOR AND MATERIAL
KNOW AU. MENBYTHESE PRESENTS:
Bond No. 800161323
That we,. UNJifED. RAVsEMENJ: ;MAfNJ'J:NANCE •.. JNC., .. a.
CALIFORNIA CORPORATION, as Principal and Atlantic Specialty Insurance Company. corporation, organized and existing under the raws of the State of New York and dufy authorized,to transactbusiness;under the"laws,of: the:Stateof California;. as,Surety,. are:
held and firmly bound unto the City of Stockton, a municipal corporation, duly created .. and existing under and by virtue of the taws of the State of California, and unto any and alt material suppliers; persons, companies, or corporations, fUmishin1r materials; provisions, 11rovender or other supplies used in, upon, for or about the performance of the work contemplated to be executed or performed under the contract hereinafter mentioned, and all' ,persons, companies, or corporations renting or hiring teams, or implements of machinef¥, for or contributing. to. said work and all persons who perform. work or labor upon the same, and all persons who supply both work and materials, and Whose dlaims ihave not been 1paid iby the contractor, colTij)any or corporation in tile Just and, full, sum of SEVEN. HUNQ.RED FOUR "FMOU&ANQ, "FINO· HUNDRE!il NINE:1¥ EIGHT AND 00/100 DOLLARS ($704,298.00) in lawful money of the United States of America (being 100% of the contract prtce)forthe payment Whereof well and truly to be made· ttr said" CHY and to said" person& jointly· and· severally; tne safcl' priocipaP' and! Surety bind themselves, their successors and assigns, jointly and severally, firmly by these presents.
The condition of the foregoing ob!lgations is such that me above bounden Principal has. simultaneously entered into a contract of even. date herewith, with the ..
CITY, to do and perform the following work, to-wit
LOCALSlBEE1' RESURFeAC!NG.�R0GRAM:r¥ 2023'-24,SS:1-MU .. LAND
OVERLAY MOJECT
(PROJECT NO. WD2400.3)
NOW, THEREFORE, if the above bounden Principal, CONTRACTOR, Company or Co.rporation or,its subcontractor, failtopay for all mal:erlals, ,provisions; provender, or other suppJies, or teams,. used. in, upon, for OJ'. about the. performance of the. work
EXHIBIT 2
contracted tu -be done,. or for any work or labor done thereon of any kind,. the Surety on this bond wil1 pay the same, in an amount not exceeding the sum specified in this bond, provided that any and aK claims
hereunder sharl be flied and proceedings had in
connection therewith as required- ·by the ;provisions- of OMsion 3, Part 4, TjtJe- 15, Chapter 5, Article 1 of the Civil Code of California, provided that in case suit is brought upon this bond, a reasonable attorney's fee shaU be awarded by the Court to the -prevaiting·;party·m said suit; said attomey's·fee-tobefixedaacosts·insaid suit; and to be- included in the judgment therein rendered.
No prepayment or detay r.n payment and no change, extension, addition or alteration of any :provjsion of said contract or in said· .plans or speciflcations agreed to between the said CONTRACTOR and the said ClTY and no forbearance on the part of the said CITY shafl operate to relieve any surety or sureties from liability on this bond,
and consent to make such alterations without further notice to or consent by any such surety is. hereb.y given, and the said sureties hereby waive the. provjsions of Sections- 2819 and 2845 of the Civil Code of the State of California.
SIGNED AND SEALED on __:.N.:.:o:.:.ve:::.:.m:.::b::.::e::...r .::81::.:.h t..::2:.::.02:::3==--________ __...
APPROVED AS TO SURETY:
APPROVED AS TO FORM & CONTENT:
LORI M. ASUNCION
OFflCE-OF THE CHY ATifURNEY
By:---------
DEPUTY CITY ATTORNEY
United Pavement Maintenance, Inc.
By: t:.f v v.Lc.,._L.._ / Pre&; d.erd---
P8INCtPAt r (J l b R- 0 c!, ., I r-o r----1,,.) v a (..I). q Atlantic Specialty Insurance Company
SURETY
EXHIBIT 2
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
County of Sacramento )
On ___ t-'-t'-'-/-08=/=20=2=3'------ before me, ---'C'-'--he=ls�ea�L=ibe�ra=to=re�, N""'"o"'"'ta=--ry--'P--'u'""b'"""Bc_,__ ____ _ (insert name and title of the officer)
personally appeared Benjamin Wolfe
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 iAstrument. i 'certify under PENALTY OF· PERJURY,underthe�laws oHhe State of" Ca1ifomia ,·that"the7foregoing paragraph is true and correct.
WITNESS my hand and official seal.
-
Signature -'----c""'h""'e""'lse:::.e""ae:::c:,,
1 ""ezra'-o-r-=e=-=--- (Seal)
CHELSEA LISEJUTORE Notary Public • Caltfornta Sacram�nto County I ,. ' Commission fl 2�570 ..
My Comm. Expires Apr 17, 2027
EXHIBIT 2
U., ·+ri tJ lllutC
INSURANCI!
Bond '!'so. 800161323
Power of Attorney
KNOW ALL MEN BY THESE PRESl::N'fS, thdt ATLANTIC SPECIALTY INSURANCE COMPANY, a New York corporation with its principal office in Plymouth, Minnesota, does hereby constitute and appoint: Arturo Ayala, Daniel Huckabay, Frank Morones, Shaunna Rozelle Ostrom, Beti Stong, Michael D Stong, Benjamin Wolfe, Chelsea Liberatore, Adrian Langrell, each individuaUy if there be more than one named, its irue and lawful Attorney-in-Fact, to make, execute, seal and deliver, for and on its behalf as surety, any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof; provided that no bond or unde11aking executed under this authority shall exceed in amount the sum of: unlimited and the execution of such bonds, recognizances, contracts of indemnity, and aU other writings obligatory in the nature thereof in pursuance of these presents, shall be as binding upon said Company as if they had been fully signed by an authorized officer of the Company and sraled "ith the Company seal. This Power of Auorney is made and executed by authority of the following resolutions adopted by the Board of Directors of ATLANTIC SPECIAL TY INSURANCE COMPANY on the twenty-fifth day of September, 2012:
Resolved: That the President, any Senior Vice President nr Vice-President (each an "Authorized Officer'') may exerure tor and in hehalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and affix lhe seal of the Company thereto; and that the Authorized Officer may <IJ)point and authorize an Altomey-in-Fact to execute on behalf of the Company any and all such instruments and to affix the Company seal thereto; and that the Authorized Officer may at aay time remove any such Attorney-in-Fact and revoke all power and authority given to any such Attomey-in Fac1.
Resolved: Thal the Attorney-in-Fact may be given full power and authority to execute for am! in the name and on behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and any such instrument executed by any such Auomey-in-Fact shall be as binding upon the Company as if signed and sealed by an Authorized Offic.er and, further, the Attomey,in-Fact is hereby authotized to verify any affidavit required to be attached to bonds, recognizances, contracts of indemnity, and all other writing.� obligatory in the nature thereof.
This power of auomey is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board or Directors of ATLANTIC SPECIAL TY INSURANCE COMPANY on thc:- twenty-fifth day of Septc>mbc>r, 2012:
Resolved: That the signature of an Authorized Officer, the signature ohhe Secretary or the Assistant Secretary, and the Company seal may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing an Attorney-in-1-'act for purposes only of executing and sealing any bond, UJ1der1aking, recogniwnce or other wriuen obligation in the nature thereol, and any such signature and seal where so used, being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the �amc force and effect as though manually affixed.
IN WITNESS WHEREOF, ATLANTIC SPECIALTY INSURANCE COMPANY has caused these> presents to be signed by an Authori1.cd Officer and the seal of tbe Company to be affixed this first day of January, 2023.
STATE Of MINNESOTA
HENNEPIN COUNTY
By
Sarah A. Kolar, Vice President and General Counsel
On this fir.;t day of January, 2023, before me personally came Sarah A. Kolar, Vice President and General Counsel of ATLANTIC SPECIALTY INSURANCE COMPANY, to me personally known 10 be the individual and officer described in and who executed the preceding inslfUment, and she acknowledged the execution of the same, and being by me duly sworn, that she is the said officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the seal of said Company and that the said seal and the signatute as �-uch officer was duly affixed and subscribed to the said instrumern by the authority and at the direction of the C..ompany.
ALISON DWAN NASM-TROOT
NOTARY PUBLIC· MIKNESOTA
My.CommlsstonExptres·
January 31, 2025 Notary Public
I, the undersigned, Secretary of ATLANTIC SPECIALTY INSURANCE COMPANY, a Nt'w York Corporation, do hereby certify that the foregoing power of attorney is in full force and has not been revoked, and the resolutions sci forth above are now in force.
Signed and sealed. Dated 8th day of Novembet" , 2023 .
This Power ol Auomey expires
January 31, 2025
Please direct bond verifications to sun•ty@intactjnsur;mcc com Kara L.B. Barrow, Secretary
EXHIBIT 2
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
:16:1t:11000! 5 � �09UEOOOOOOOf936$t09610GC:I� fltllr060.1@8:! �Ul&UOOBU}OO [1()0§:(fflffllffflfl 88 HI 10 001 e:lffi?o/tZ9J«OO D 5:00 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 Stanislaus }
on November 13, 2023 before me, Annette M Kinsfater, Notary Public Date Here Insert Name and Title of the Officer
personally appeared Rodolfo Ruvalcaba
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. ········�ANNITTE M. KINSFATER
Notary Public • California z
Merced County �
Commission# 2460852 -
y Comm. Expires Aug 25, 2027
Place Notary Seal and/or Stamp Above
I certify under PENAL TY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
OPTIONAL
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Bond for Labor and Material
Document Date: _1.,_1.,_-..,.8c..,-2""0,,_,2....,3"--________________ Number of Pages: _4 ___ _ Signer(s) Other Than Named Above: _N_0_0_1h_e_r s_ig_ n_e_rs __________________ _ Capacity(ies) Claimed by Signer(s)
Signer's Na me: _R_od_ o_lf_o_R _u_va_lc_a_b_a ______ _ ]:ii( Corporate Officer - Title(s):P_re_s _id _e_nt ____ _ □ Partner - □ Limited □ General
□ Individual □ Attorney in Fact
□ Trustee □ Guardian or Conserv ator
□ Other:
Signer is Representing: _________ _
©2019 National Nota ry Association
Signer's Name: ____________ _
□ Corporate Officer - Title(s): ______ _
□ Partner - □ Limited □ General
□ Individ ual □ Attorney in Fact
□ Trustee □ Guardian or Conservator
□ Other:
Signer is Representing: _________ _
EXHIBIT 2