HomeMy WebLinkAboutC38730 2019 Arterial Slurry Seal 751-19ACONTRACT NO. C38730
STAFF REPORT
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
MEETING DATE: July 11, 2019
PREPARED BY: Ryan Gayler, Project Administrator
REQUEST: Award Contract No. C38730 in the amount of $1,699,855.00 to
American Asphalt South, Inc. of Fontana, California for the 2019
Arterial Slurry Seal Project (Project No. 751-19A).
Recommendation
By Minute Motion:
1. Award Contract No. C38730
American Asphalt South, Inc.
Arterial Slurry Seal Project;
in the amount of $1,699,855 to
of Fontana, California, for the 2019
2. Authorize the Director of Finance to set aside a 10% contingency in
the amount of $169,986;
3. Authorize the City Manager or designee to review and approve
written requests for the use of contingency for unanticipated
conditions, per Section 3.30.170 Section A of Ordinance No., 1335;
and
4. Authorize the Mayor to execute the Agreement.
Funds are available in Account No. 2134311-4332000, Measure "A" Street Maintenance.
Strategic Plan
The slurry seal project is a maintenance activity and does not contribute directly to the
objectives of the Strategic Plan.
Background Analvsis
The 2019 Arterial Slurry Seal Project will use rubberized slurry seal to coat various streets
within Palm Desert. The rubberized slurry has an elastic quality that prolongs street life
beyond what is expected from conventional slurry. The project includes the major arterial
streets Portola Avenue, Frank Sinatra Drive, and Highway 111. The project will also slurry
El Paseo (see the location map). The project is expected to commence late Summer and
will conclude around October. This project will be constructed during the fall months
because slurry seal will not cure as quickly when temperatures get too high.
June 27, 2019 - Staff Report
Award Contract No. C38730 to American Asphalt South, Inc. (Project No. 751-19A)
Page 2of2
The Project was advertised for bid and on June 12, 2019, sealed bids were received and
opened by the Office of the City Clerk with the following results:
Contractor Location Bid Amount
American Asphalt South, Inc. Fontana, CA $1,699,855.00
Roy Allan Slurry Seal, Inc. Santa Fe Springs, CA $1,705,693.00
Pavement Coatings Company Mira Loma, CA $1,869,000.00
All American Asphalt Corona, CA $1,898,240.00
The bids were higher than the estimated project cost of $1,500,000 because the striping
has been upgraded to a thermoplastic material instead of paint. The thermoplastic is
expected to last at least three years, exceeding the one-year life of painted striping and
markings. The extra money spent in this contract will be offset by savings in the annual
striping contracts in the coming years.
Fiscal Analvsis
The slurry seal contract is an ongoing maintenance activity with no fiscal impact beyond
the contract amount.
LEGAL REVIEW
Approved as to Form
N/A
Robert W. Hargreaves
City Attorney
DEPT. REVIEW FINANCIAL CITY MANAGER
REVIEW
Tom Garcia, P.E.
Director of Public Works
Janet M. Moore Lauri Aylaian
Director of Finance City Manager
CONTRACTOR: American Asphalt South, Inc.
14436 Santa Ana Avenue
Fontana, CA 92337
ATTACHMENTS: 1) Contractor's Bid
2) Agreement and Bonds
3) Vicinity Map
C — CONTRACTOR'S BID
2019 ARTERIAL SLURRY SEAL PROJECT
PROJECT NO. 751-19A
CONTRACT NO. C38730
TO: CITY OF PALM DES RT, "CITY"
DATE: ✓U/�C �� . &1,9
BIDDER: Aer'?00 rY.f1 4% '�i4, "CONTRACTOR"
The UNDERSIGNED, "CONTRACTOR", having carefully examined the site and the
Contract Documents for the construction of, 2019 ARTERIAL SLURRY SEAL PROJECT,
PROJECT NO. 751-19A, CONTRACT NO. C38730, hereby proposes to construct the
work in accordance with the Contract Documents, including Addenda No(s). for
the amount stated in this Bid.
By submitting this Bid, the Contractor agrees with the City:
That unless withdrawn in person by CONTRACTOR or some person authorized in
writing by CONTRACTOR before the time specified in the Notice Inviting Bids for
the public opening of bids, this Bid constitutes an irrevocable offer for 60
calendar days after that date.
2 The CITY has the right to reject any or all Bids and to waive any irregularities or
informalities contained in a Bid.
3. That the contract shall be awarded only by the governing body of CITY. Said
contract shall only be deemed awarded after the CONTRACTOR'S complete
submission of all contract documents, bonds, insurance documentation, and the
CITY shall obtain all necessary signatures of the governing body, at which time
the contract shall be deemed awarded.
4. To submit to CITY such information as CITY may require to determine the Bidder's
financial standing experience and to perform the work.
5. That the accompanying cash, certified or cashier's check or Bid Bond constitutes
a guarantee that if awarded the contract, CONTRACTOR will execute the
Agreement and deliver the required bonds and certificates of insurance within 10
days after notice of award. If CONTRACTOR fails to execute and deliver said
documents, the cash, check or B i d B o n d is to be charged with the costs of
the resultant damages to CITY, including but not limited to publication costs, the
difference in money between the amount bid and the amount in excess of the bid
which costs CITY to do or cause to be done the work involved, lease and rental
costs, additional salaries and overhead, increased interest and costs of funding
the project, attorney expense, additional engineering and architectural expense
C-1
and cost of maintaining or construction alternate facilities occasioned by the failure
to execute and deliver said documents.
& It is understood that the quantities shown hereon, except for those quantities
marked "Lump Sum", are estimates and the final payment will be based upon
the actual work performed, subject to such adjustment and alterations as
elsewhere provided herein.
2 Traffic Control LS 1 $ $
bl1obo.eo fe,000.60
3 Rubberized Crack Seal/HMA LS 1 $ $
crack fill 1"170•oo 193176e.m
4 Type II Rubberized Slurry Seal SF
(REAS, TRMSS, RPMS, or
approved equal)
5 Signing and Striping
TOTAL BID PRICE
LS 1
0.17 1102e/ deo. ma
�f�a.ISS.eo 1/6.1SS.69
The costs of any work shown or required in the Plans and Specifications, but not
specifically identified as a Pay Item are included in the related Pay Item(s), and no
additional compensation shall be due CONTRACTOR by virtue of CONTRACTOR'S
compliance with the Plans and Specifications.
TOTAL AMOUNT BASE BID IN FIGURES $ I��1`T . d SS- 00
TOTAL AMOUNT BASE BID IN WORDS i::1^ S;X &dtr1
f ihdo -Rim- Ilyuswd e-10 i hunk rta 4X1 --P-vc ! o i s
IN WITNESS WHEREOF CONTRACTOR executed this Bid as of date set forth on Page
By:
Signature (must be notarized)
Title: J;C1Z' /`tf � X-a /mDi4Ml
C-2
A notary public or other officer completing this certificate verifies only the identity of the individual
who signed the document, to which this certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
State of California )
County of %,.
On jj1pt 11 , 201 before me, A'>1Z4,-e/ Ci
personally appeared _.r0-f,9 A. 44-y
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/stae/fbep executed the same in his/her/tbeir
authorized capacity(ies), and that by his/heNtb W signatures(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal
Signature of Notary Public
C-3
r RICHARD ENTRIKIN t
COMM. #2201331 z
o Notary Public • C01011" o
_ My �& .J rnardino313 2021
CONTRACT NO. C38730
AGREEMENT
THIS AGREEMENT is made and entered into this 11th day of July, 2019, by and
between City of Palm Desert, California; hereafter called "CITY," and American Asphalt
South, Inc., hereinafter called "CONTRACTOR."
W I T N E S S E T H
RECITALS:
CONTRACTOR has submitted to CITY its Contractor's Bid for the construction of
CITY Project,
2019 ARTERIAL SLURRY SEAL PROJECT, PROJECT NO. 751-19A,
CONTRACT NO. C38730, in strict accordance with the Contract Documents
identified below, and CITY has accepted said Bid.
2 CONTRACTOR states that it has re-examined its CONTRACTOR'S Bid and found
it to be correct, has ascertained that its Subcontractors are properly licensed and
possess the requisite skill and forces, has examined the site and Contract in
accordance with the Contract Documents for the money set forth in its Bid to be
paid as provided in the Contract Documents.
AGREEMENT:
IT IS AGREED BY THE PARTIES AS FOLLOWS:
Contract Documents: The entire contract consists of the following: (a) The
Agreement, (b) The Notice Inviting Bids, (c) The Instruction to Bidders, (d) The
Contractor's Bid, (e) Public Works Contractor DIR Registration Certification, (f)
Noncollusion Declaration, (g) The Bidder's Bond, (h) Performance Bond, (i) The
Payment Bond, 0) The Iran Contracting Certification, (k) General Specifications, (1)
The Special Provisions, (m) The Standard Specifications as modified in other
portions of the Contract Documents, (n) The Plans, (o) Any Change Orders issued,
(p) Any additional or supplemental specifications, notices, instructions and
drawings issued in accordance with the provisions of the Contract Documents (q)
The Determination of Prevailing Wage Rates for Public Works. All of said
Documents presently in existence are by this reference incorporated herein as if
here set forth in full and upon the proper issuance of their documents they shall
likewise be deemed incorporated.
2. Contractor shall commence the work within ten calendar days after the date of
the Notice to Proceed and will do all things necessary to construct the work
generally described in Recital No. 1 in accordance with the Contract Documents
and will complete said work within 45 Calendar Days from the Notice to
Proceed date to the satisfaction of the Engineer.
CONTRACT NO. C38730
3. Contractor agrees to indemnify, defend and save CITY and its officers, agents
and employees, and the Engineer harmless from:
a Any and all liability, claims, damages, losses or injuries to any person or
other entity, including injury to Contractor's employees, and all claims
which arise from or are connected with the negligent performance of or
failure to perform the work or other obligations of this Agreement, or which
are caused or which are claimed to be caused by the negligent or
intentional acts or omissions of Contractor, its subcontractors, its agents
or employees, and, all expenses of investigating and defending against
same,
b. Any and all liability, claims, damages, losses or injuries to any and all
contractors, subcontractors, material -men, laborers, or any other person,
firm or corporation furnishing or supplying work, services, materials or
supplies in connection with the performance of the Agreement.
c Attention is directed to the General Specifications - Claims, Liability, and
Indemnity Agreement/Hold Harmless sections, which specifications are
made part of this Agreement as set forth in Agreement paragraph 1, above.
d Attention is directed to Section 6-9, "Liquidated Damages" of the
Standard Specifications and is hereby amended to substitute the "City of
Palm Desert" in place of "Agency." Liquidated damages shall be $1,000.00
per calendar day of delay.
4. Should any litigation or arbitration be commenced between the parties concerning
the works of improvements as referenced herein, the prevailing party in any such
litigation, being the CITY or the Contractor, should be entitled to a reasonable
sum for attorney's fees incurred in any such litigation relating to this Contract.
5. This Agreement shall be binding upon all parties hereto and their respective
heirs, executors, administrators, successors, and assigns.
6. Contractor shall be paid in the manner set forth in the Contract Documents the
amount of its Bid as accepted by CITY, subject to such additions and deductions
as may be made pursuant to the Contact Documents and applicable law.
Satisfactory Performance: The prime Contractor agrees to pay each Subcontractor
under this prime contract for satisfactory performance of its contract no later than
10 days from the receipt of each payment the prime Contractor receives from City
of Palm Desert. Any delay or postponement of payment from the above
referenced time frame may occur only for good cause following written approval
of the City of Palm Desert.
Release of Retention: The prime Contractor agrees further to release retention
payments to each Subcontractor within 30 days after the Subcontractor's work is
satisfactorily completed. Any delay or postponement of payment from the above
CONTRACT NO. C38730
referenced time frame may occur only for good cause following written approval of
the City of Palm Desert.
7. Provisions Required by Law and Contractor Compliance. Each and every
provision of law required to be included in these Contract Documents shall be
deemed to be included in these Contract Documents. The Contractor shall comply
with all requirements of applicable federal state and local laws, rules and
regulations, including but not limited to the provisions of the California Labor
Code and the California Public Contract Code.
8. Execution of the Agreement by the parties constitutes their agreement to abide
by all applicable provisions of the California Labor Code; constitutes contractor's
certification that he is aware of the provisions of said Code and will comply with
them; and further constitutes Contractor's certification asfollows:
"I am aware of the provisions of Section 3700 of the California Labor Code which
requires every employer to be insured against liability for workers' compensation
or to undertake self-insurance in accordance with the provisions of that Code,
and I will comply with such provisions before commencing the performance of the
work of this contract."
IN WITNESS WHEREOF the parties hereto have executed or caused to be
executed by their duly authorized officials, this Agreement which shall be deemed an
original on the date first above written.
CONTRACTOR:
BY:
(Signature to be notarized)
TITLE:
CITY:
BY:
TITLE: Mayor of Palm Desert, CA
APPROVED AS TO CONTENT:
TOM GARCIA, P.E.
DIRECTOR OF PUBLIC WORKS
ATTEST BY:
TITLE:
ATTEST BY:
TITLE: Citv Clerk of Palm Desert, CA
APPROVED AS TO FORM:
ROBERT W. HARGREAVES
CITY ATTORNEY
CONTRACT NO. C38730
CONTRACTOR 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 )
On , 20 , before me, ,
a Notary Public, personally appeared who
proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that
by his/her/their signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California
that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
CONTRACT NO. C38730
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Desert
has awarded to American Asphalt South, Inc. hereinafter designated as the "Principal",
a contract for:
2019 ARTERIAL SLURRY SEAL PROJECT
PROJECT NO. 751-19A
CONTRACT NO. C38730
WHEREAS, said Principal is required under the terms of said contract to furnish
a good and sufficient bond for the performance of said contract:
NOW THEREFORE, WE, American Asphalt South, Inc. the
Principal, and as Surety,
are held and firmly bound unto the City of Palm Desert hereinafter called the City, in the
penal sum of One million six -hundred ninetv-nine thousand eight hundred fiftv-five
and no cents Dollars ($ 1,699,855), being 100% of the contract amount in lawful money
of the United States of America for the payment of which sum well and truly to be made,
we hereby bind ourselves, our heirs, executors, administrators, and successors, jointly
and severally, firmly by these presents.
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 (1) year guarantee of all materials and
workmanship; and shall indemnify and save harmless the City, its officials, officers,
employees, and authorized volunteers, as stipulated in said Contract Documents, then
this obligation shall become null and void; otherwise it shall be and remain in full force
an effect.
As a part of the obligation secured hereby and in addition to the face amount
specified therefore, there shall be included costs and reasonable expenses and fees
including reasonable attorney's fees, incurred by the City in enforcing such obligation.
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 the City, during
which time if the 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 a defective materials or faulty workmanship. The obligations of Surety
hereunder shall continue so long as any obligation of the Contractor remains. Nothing
herein shall limit the City's rights or the Contractor or Surety's obligations under the
CONTRACT NO. C38730
Contract, law or equity, including, but not limited to, California Code of Civil Procedure
Section 337.15.
Whenever the 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:
a. Takeover and complete the Project in accordance with all terms and conditions in
the Contract Documents; or
b. Obtain a bid or bids 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 bidder, arrange for a Contract between such
bidder, 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 the 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.
c. Permit the City to complete the Project in any manner consistent with California
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 the 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 obligation in the event of default by
the Contractor.
Surety shall not utilize the Contractor in completing the Project nor shall Surety
accept a bid from the Contractor for completion of the Project if the City, when declaring
the Contractor in default, notifies Surety of the City's objection to the 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 to any such change extension of time, alteration or
addition to the terms of the Contract Documents or to the Project.
CONTRACT NO. C38730
IN WITNESS WHEREOF, identical counterparts of this instrument, each of which
shall for all purposes be deemed an original thereof, have been duly executed by the
Principal and Surety above named on this day of , 20
(Corporate Seal) Contractor/Principal
IN
Title:
(Corporate Seal) Surety
Attorney -in -Fact
Signatures of those signing for the Contractor/Principal must be notarized and evidence of
corporate authority attached.
(Attach Attorney -in -Fact Certificate) Title:
The rate of premium on this bond is $ per thousand.
The total amount of premium charged: $
(The above must be filled in by corporate surety)
Signatures of those signing for the Contractor/Principal and Surety must be notarized and
evidence of corporate authority attached. A copy of the Power -of -Attorney to local representatives
of the bonding company must be attached hereto.
IMPORTANT: Surety companies executing bonds must possess a certificate of authority from
the California Insurance Commissioner authorizing them to write surety insurance defined in
Section 105 of the California Insurance Code, and if the work or project is financed, in whole or
in part, with federal, grant or loan funds, it must also appear on the Treasury Department's most
current list (Circular 570 as amended).
THIS IS A REQUIRED FORM
Surety gent or Representative for service of process in
California if different than Surety
Name: Name:
Address:
Address:
City/State/Zip Code: City/State/Zip Code:
Telephone No.:
Telephone No.:
NOTE: A copy of the Power -of -Attorney authorizing the person signing on behalf of the Surety
to do so must be attached hereto.
CONTRACT NO. C38730
SURETY ACKNOWLEDGEMENT
A notary public or other officer completing this certificate verifies only the identity of
the individual who signed the document, to which this certificate is attached, and not
the truthfulness, accuracy, or validity of that document.
State of California
County of
On before me,
personally appeared
who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
CONTRACT NO. C38730
PRINCIPAL ACKNOWLEDGEMENT
A notary public or other officer completing this certificate verifies only the identity of
the individual who signed the document, to which this certificate is attached, and not
the truthfulness, accuracy, or validity of that document.
State of California
County of
On before me,
personally appeared
who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
CONTRACT NO. C38730
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS, the City of Palm Desert (sometimes referred to hereinafter as
"City") has awarded to American Asphalt South, Inc. (hereinafter designated as the
"CONTRACTOR/PRINCIPAL"), an agreement dated June 27. 2019 described as
follows: 2019 ARTERIAL SLURRY SEAL PROJECT. PROJECT NUMBER 751-
19A, CONTRACT NO. C38730) (hereinafter referred to as the "Contract"); and
WHEREAS, said CONTRACTOR is required to furnish a bond in connection with
said Contract, and pursuant to Section 9100 of the California Civil Code;
WHEREAS, said Principal is required to furnish a bond in connection with said
Contract; providing that if said Principal or any of its Subcontractors shall fail to pay for
any materials, provisions, provender, equipment, or other supplies used in, upon, for, or
about the performance of the work contracted to be done, or for any work or labor done
thereon of any kind, or for amounts due under the Unemployment Insurance Code, or for
any amounts required to be deducted, withheld, and paid over to the Employment
Development Department from the wages of employees of said Principal and its
Subcontractors with respect to such work or labor the Surety on this bond will pay for the
same to the extent hereinafter set forth.
NOW, THEREFORE, we, American Asphalt South, Inc. ,the
undersigned CONTRACTOR, as Principal, and
a corporation organized and existing under the laws of the State of 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 Palm Desert and to any and all persons,
companies or corporations entitled to file stop payment notices under Section 9100 of the
California Civil Code, in the sum of One million six -hundred ninetv-nine thousand
eight hundred fifty-five and no cents Dollars ($ 1.699,855), said sum being not less
than one hundred percent (100%) of the total amount payable by the said City under the
terms of the said Contract, for which payment well and truly to be made, we bind
ourselves, our heirs, executors and administrators, successors and assigns, jointly and
severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if said CONTRACTOR,
his or its subcontractors, heirs, executors, administrators, successors or assigns, shall
fail to pay any of the persons named in Civil Code Section 9100, fail to pay for any
materials, provisions or other supplies, implements, machinery or power used in, upon,
for or about the performance of. the Public Work contracted to be done, for any work or
labor of any kind, or for bestowing skills or other necessary services thereon, or for
amounts due under the Unemployment Insurance Code with respect to such work or
labor, or for any amounts required to be deducted, withheld, and paid over to the
Employment Development Department or Franchise Tax Board from the wages of
employees of said CONTRACTOR and his or its Subcontractors pursuant to Revenue
CONTRACT NO. C38730
and Taxation Code Section 18663 with respect to such work and labor the Surety or
Sureties hereon will pay for the same in an amount not exceeding the sum herein above
specified, and also, in case suit is brought upon this bond, all litigation expenses incurred
by the City in such suit, including reasonable attorney's fees, court costs, expert witness
fees and investigation expenses.
This bond shall inure to the benefit of any of the persons named in the Civil Code
Section 9100 as to give a right of action to such persons or their assigns in any suit
brought upon this bond.
It is further stipulated and agreed that the Surety on this bond shall not be
exonerated or released from the obligation of this bond by any change, extension of time
for performance, addition, alteration or modification, in, to or of any contract plans,
specifications, or agreement pertaining or relating to any scheme or work of improvement
herein above described, or pertaining or relating to the furnishing of labor, materials, or
equipment therefore, nor by any change or modification of any terms of payment or
extension of the time for any payment pertaining or relating to any scheme or work of
improvement herein above described, nor by any rescission or attempted rescission or
attempted rescission of the contract, agreement or bond nor by any conditions precedent
or subsequent in the bond attempting to limit the right of recovery of claimants otherwise
entitled to recover under any such contract or agreement or under the bond, nor by any
fraud practiced by any person other than the claimant seeking to recover on the bond and
that this bond be construed most strongly against the Surety and in favor of all persons
for whose benefit such bond is given, and under no circumstances shall Surety be
released from liability to those for whose benefit such bond has been given, by reason of
any breach of contract between the owner or the City and the original contractor or on the
part of any obligee named in such bond, but the sole conditions of recovery shall be that
the claimant is a person described in the Civil Code Section 9100, and has not been paid
the full amount of his claim and that Surety does hereby waive notice of any such change,
extension of time, addition, alteration or modification herein mentioned, 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
day of , 20
PRINCIPAUCONTRACTOR:
(Typed Name of Principal/Contractor)
By:
(Signature)
(Signature to be Notarized)
(Typed Name and Title)
SURETY:
(Typed Name of Surety)
By:
(Signature of Attorney -in -Fact)
(Signature to be Notarized)
(Typed Name of Attorney -in -Fact)
CONTRACT NO. C38730
The rate of premium on this bond is $ per thousand.
The total amount of premium charged: $
(The above must be filled in by corporate surety)
IMPORTANT: Surety companies executing bonds must possess a certificate of authority
from the California Insurance Commissioner authorizing them to write surety insurance
defined in Section 105 of the California Insurance Code, and if the work or project is
financed, in whole or in part, with federal, grant or loan funds, it must also appear on the
Treasury Department's most current list (Circular 570 as amended).
Signatures of those signing for the Principal/Contractor and Surety must be notarized and
evidence of corporate authority attached. A copy of the Power -of -Attorney to local
representatives of the bonding company must be attached hereto
THIS IS A REQUIRED FORM
AltV _ Whit, d
Agent or Representative for service of
Surety process in California if different than
Surety
Name: Name:
Address:
Address:
City/State/Zip Code: City/State/Zip Code:
Telephone No.: I Telephone No.:
CONTRACT NO. C38730
SURETY 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
On before me,
personally appeared
who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
CONTRACT NO. C38730
PRINCIPAL 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
On before me,
personally appeared
who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
2019 Arterial Slurry Seal Project
5,887,805 SQ FT
Date: 2019
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