HomeMy WebLinkAboutC36550 - NW Carpet Rplcmnt 779-18 CONTRACT NO. C36550
STAFF REPORT
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
MEETING DATE: March 22, 2018
PREPARED BY: Carlos Hemandez, Facilities Manager/
REQUEST: Award Contract No. C36550 in the amount of$69,599 to Floor Tech
America, Inc., of Pomona, California, for the City Hall North Wing
Carpet Replacement (Project No. 779-18).
Recommendation
By Minute Motion:
1. Award Contract No. C36550 in the amount of $69,599 to Floor Tech
America, Inc., of Pomona, California, for the City Hall North Wing
Carpet Replacement (Project No. 779-18);
2. Authorize the Finance Director to set aside an additional 10%
contingency in the amount of $6,960 for unforeseen expenses;
3. Authorize the City Manager the use of said contingency by means of a
Change Order, should staff recommend it;
4. Authorize the City Manager to execute the subject agreement, and all
related documents, including Change Orders; and
5. Authorize the Mayor to execute the Notice of Completion upon
satisfactory completion of said work.
If the above actions are approved, funds will be available in Account No.
4504161-4400100, Building Maintenance.
Strategic Plan
Replacement of the carpet in the North Wing of City Hall is an operational function and,
as such, does not directly contribute to the objectives of the Strategic Plan.
Background Analysis
The carpet in the North Wing Building of City Hall is more than 15 years old, so it is
showing wear in many areas through tears and shoving of the carpet. Since the carpet
is not the square tile type, the areas cannot be repaired. Initially, staff had
recommended replacing the carpet between the lobby and the Finance Department,
March 22, 2018 - Staff Report
City Hall North Wing Carpet Replacement
Page 2 of 2
which is the oldest carpet area. However, staff decided to replace the entire North Wing
Carpet for consistency throughout the North Wing area.
Therefore, a Notice Inviting Bids was advertised for the City Hall North Wing Carpet
Replacement on Friday, January 19, 2018. Sealed bids were opened and read out loud
at 10:00 a.m. on Tuesday, February 6, 2018, with the following results:
Company Name City Bid
Floor Tech America, Inc. Pomona, CA $69,599
Staff has reviewed the contractor's qualifications of the only bid submitted and found
them to be in accordance with the type of work requested in the specifications. The cost
of the carpet replacement is $4,599 above the original estimate, but it includes the area
of the Finance Department. Therefore, staff finds the cost to be reasonable and
recommends award of the contract to Floor Tech America, Inc.
Fiscal Analysis
This is a maintenance activity and there is no fiscal impact beyond the contract amount.
LEGAL REVIEW DEPT. REVIEW FINANCIAL REVIEW CITY MANAGER
N/A
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Ti othy R. o son, P.E. 1.(4v
Robert W. Hargreaves ndepende t I rim J: Moore Lauri Aylaian
City Attorney Director of Public Works Director of Finance City Manager
APPLICANT: Floor Tech America, Inc.
125 Mercury Circle
Pomona, CA 91768
ATTACHMENTS: Bid — Floor Tech America
Agreement
Performance Bond
Payment Bond
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.0-CONTRACTOR'S BID
CITY HALL NORTH WING CARPET REPLACEMENT
PROJECT NO. 779-18
• CONTRACT NO. C36550
TO: CITY OF PALM DESERT, "CITY"
DATE: 02/02/2018
BIDDER: Floor Tech America °CONTRACTOR"
• The UNDERSIGNED, "CONTRACTOR", having carefully examined the site and the
Contract Documents for the construction of CITY HALL NORTH WING CARPET
REPLACEMENT, PROJECT NO. 779-18, CONTRACT NO. C36550, hereby proposes
to construct the work in accordance with the Contract Documents, including Addenda
No(s). N/A for the amount stated in this Bid.
By submitting this Bid,the Contractor agrees with the City:
1. That unless withdrawn in person by CONTRACTOR or some person authorized
_I 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
r- 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.
I4. To submit to CITY such information as CITY may require to determine the
Bidder's financial standing experience and to perform thework.
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 Bid Bond is to be charged with the costs
of the resultant damages to CITY, including but not limited to publication costs,
j 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
r-' rental costs, additional salaries and overhead, increased interest and costs of
funding the project, attorney expense, additional engineering and architectural
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expense and cost of maintaining or construction alternate facilities occasioned by
the failure to execute and deliver said documents.
6. 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.
DESCRIPTION UNIT QUANTITY LUMP SUM PRICE
Remove and dispose of old carpet and 'I LS $
install new carpet and new baseboard 69,599.00
in the North Wing of the Palm Desert
City Hall building
TOTAL LUMP SUM BID PRICE $ 69,599.00
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$ 69,599.00
TOTAL AMOUNT BASE BID IN WORDS
sixty-nine thousand, five hundred ninety-nine dollars
IN WITNESS WHEREOF CONTRACTOR - ecuted thi- :id as • • -te set forth on Page
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By:
Signature(must be notarized)
Title: Vice President
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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 )
it )
County ofAfDt2t9if )
On~'-IJrtitQ 2 , 20/8 before me, c.
personally aWeeared tyl rr1 C
who proved to me on the basis
of satisfactory evidence to be the personwhose nameXis/subscribed to the
L , within instrument and acknowledged to me that lag-she/they-executed the same in
bislher/tlbetrauthorized capacity(jes); and that by /her/jb.eir signaturespy on the
instrument the persong or the entity upon behalf of which the person/4 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.
v,N�ntunubpi�i,
WITNESS my hand and official seal. so'''*.�Yu►NQ ''%
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Signature • Notary yjlic sw $`- 10; ,'
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D — INFORMATION REQUIRED OF BIDDER
1 ' TO ACCOMPANY BID
The bidder is required to.supply the following information. Additional sheets may be
attached if necessary. Additional information may be required of the successful bidder.
(1) Company Name Floor Tech America
' I (2) Address 125 Mercury Circle , Pomona, CA 91768
(3) Telephone No. (909) 598-6328
!J Corporation
(4) Type of Firm (Individual, Partnership or Corporation) rP
(5) Corporation organized under the laws of the State of CA
(6) Contractor's License No. 853634 Exp. Date 01/31/2019
(7) Department of Industrial Relations Contractor Registration number: 1000001941
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(8) Email Address of Contractor's DIR Contact accounting@floortechamerica.com
(9) DIR Classifications C 1 5
(10) Have you or any of your sub-contractors been debarred: Yes ❑ No ❑x
If yes, provide additional information on a separate sheet.
L. (11) List the names and addresses of all owners of the firm or names and titles ofall
officers of the corporation: (Use separate sheet if necessary.)
Shirley Carlton President
Karrie Roarick Vice President
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L.. (12) List at least three similar projects(on-going or recently completed):
Name, Address &
• Contract Amount Class of Work Date Completer. - Telephone..No..of Owner
i 1. Irvine HS-Bldg H Carpet,Sheet Freddy Medina(949)289-8255
L $107,796.00 Vinyl, Base 06/09/2017 4321 Walnut Ave. Irvine,CA
2.La Mirada Activity Carpet and Base Tony Moreno(562) 902-2354
Resource Center 10/21/2016 13710 La Mirada Blvd.
iJ, $194,102.94 La Mirada, CA
3.NBCU 1360-03 TV Carpet,VCT, Sergio Gamica(323)806-1198
Publicity Refresh and Base 01/20/2018 100 Universal City Plaza
$107,695.00 Universal City, CA
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(13) Pursuant to California Public Contracting Code, Section 4100 et Seq., the
following list gives the name, business address, the DIR Public Works Contractor
Registration number, portion of work (description of work to be done) for each
subcontractor that will be used in the work if the bidder is awarded the Contract,
(Additional supporting data may be attached to this page. Each page shall be
sequentially numbered, and headed "Proposed Contractors" and shall be
`—' signed.) The Bidder shall list all subcontractors who will perform work or labor or
render service to the prime contractor in excess of one-half of one percent of the
prime's bid. Notwithstanding the foregoing, if the work involves the construction
of streets and highways, then the Bidder shall list each subcontractor who will
perform work or labor or render service to the Bidder in or about the work in an
1 amount in excess of one-half of one percent or $10,000, whichever is greater.
Failure to Include the subcontractor's DIR reaistration number may result
in the bid being rejected as non-responsive.
Subcontractor's Name: None Used
License Number: N/A DIR Contractor Registration No. N/A
Business Address: N/A
Telephone: N/A
'.� DIR email address: NIA DIR Classifications: N/A
Work Description: N/A Percent of Work: N/A
Subcontractor's Name:
License Number: DIR Contractor Registration No.
Business Address:
J
Telephone:
DIR email address: DIR Classifications:
Work Description: Percent of Work:
Subcontractor's Name:
License Number: DIR Contractor Registration No.
Business Address:
Telephone:
DIR email address: DIR Classifications:
Work Description: Percent of Work:
(14) List the name of the person from your firm who inspected the site of the
proposed work: Chris Roarick chris@floortechamerica.com
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(15) A financial statement or other information and references sufficiently
comprehensive to permit an appraisal of your current financial condition may be
required by theCity.
(16) Contractor hereby swears under penalty of perjury that this information provided
is true and correct.
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By: Title: Vice President
i Contrac or's Signature
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E— PUBLIC WORKS CONTRACTOR DIR REGISTRATION CERTIFICATION
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Pursuant to Labor Code sections 1725.5 and 1771.11, all contractors and
subcontractors that wish to bid on, be listed in a bid proposal or enter into a contract to
perform public work must be registered with the Department of Industrial Relations.
See http://www.dir.ca.gov/Public-Works.html for additional information.
L� No bid will be accepted nor any contract entered into without proof of the Contractor's
and Subcontractor's current registration with the Department of Industrial Relations to
perform public work.
I � Bidder hereby certifies that it is aware of the registration requirements set forth in Labor
Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the
I Department of Industrial Relations.
NAME OF BIDDER: Floor Tech America
DIR REGISTRATION NUMBER: 1000001941
DIR REGISTRATION NUMBER EXPIRATION DATE: 06/30/2018
DIR CERTIFIED PAYROLL EMAIL ADDRESS:
accounting@floortechamerica.com
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JBidder further acknowledges:
1. Bidder shall maintain a current DIR registration for the duration of the
project.
2. Bidder shall include the requirements of Labor Code Sections 1725.5 and
1771.1 in its contract with any and all subcontractors and ensure that all
subcontractors are registered at the time of the bid opening and maintain
registration status for the duration of the project.
3. Failure to submit this form or comply with any of the above requirements may
- result in the bid being deemed non-responsive.
4. Within five days of award, Contractor will provide to the City all Labor
Classifications that will be employed during the project, sorted by Contractor or
subcontractor.
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FloorTAm
Printed Name: Karrie Roarick
Title: Vice President Dated: 02/02/2018
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I- F— NONCOLLUSION DECLARATION
To be Executed by Bidder and Submitted with Bid
I� The undersigned declares:
I am the VP of Floor Tech America the party making the foregoing
bid. The bid is not made in the interest of, or on behalf of, any undisclosed person,
partnership, company, association, organization, or corporation. The bid is genuine and
not collusive or sham. The bidder has not directly or indirectly induced or solicited any
other bidder to put in a false or sham bid. The bidder has not directly or indirectly
colluded, conspired, connived, or agreed with any bidder or anyone else to put in a
sham bid, or to refrain from bidding. The bidder has not in any mariner, directly or
indirectly, sought by agreement, communication, or conference with anyone to fix the
J bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost
element of the bid price, or of that of any other bidder. All statements contained in
the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price
L- or any breakdown thereof, or the contents thereof, or divulged information or data
relative thereto, to any corporation, partnership, company, association, organization, bid
i depository, or to any member or agent thereof, to effectuate a collusive or sham bid,
, and has not paid, and will not pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a bidder that is a corporation,
1 partnership, joint venture, limited liability company, limited liability partnership, or any
other entity, hereby represents that he or she has full power to execute, and does
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execute, this declaration on behalf of the bidder.
I declare under penalty of perjury under the laws of the State of California that
the foregoing is true and correct and that this declaration is executed on the 2nd
I day of February 20 18 , at , Pomona CA
City State
CONTRACTOR
iJ 4260Z/aBy:
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Signature
LTitle: Vice President
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G-BIDDER'S BOND
II
To Accompany Bid
KNOW ALL MEN BY THESE PRESENTS,
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That we, Floor Tech America, Inc. as principal,
and Philadelphia Indemnity Insurance Company as surety, are held and
firmly bound unto the City of Palm Desert in the sum of$Ten PercentofeidAmount (10% of bid)
to be paid to the said City or its certain attorney, its successors and assigns; for which
payment, well and truly to be made, we bind ourselves, our heirs, executors and
administrators, successors or assigns,jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the certain bid of the
� above bounden principal to perform certain work described as follows:
CITY HALL NORTH WING CARPET REPLACEMENT
Project No. 779-18
Contract No. C36550
The general items of work to be done hereunder consist of carpet replacement in
the North Wing at the Palm Desert City Hall building, and dated February 6,2018 is
-v accepted by the City of Palm Desert, and if the above bounden principal and if the
above bounden principal Floor Tech America,Inc.
shall duly enter into and execute a contract for such construction, and shall execute
and deliver the Performance Bond and Payment Bond and insurance certificates as
required by said contract, then this obligation shall become null and void; otherwise it
U shall be and remain in full force and effect.
j I Should it become necessary for the City to institute a lawsuit, or any other legal
proceeding to enforce the terms and conditions of this bond, then ail costs of said
proceeding, including attomey's fees, shall be awarded to the prevailing party.
IN WITNESS WHEREOF, We hereunto set our Hands and Seals this 1st
day of February 20 18
Contractor's Name: Floor T America In
+- Contractor's Signature:
( I 1(ce
1 (Signature must be no rized)
I I Title: let der t�
Address: 125 Mercury Circle, Pomona,CA 91768
Telephone: 626-639-1321
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Sucety's•,lVame: Philadelphia Indemnit Insurance Company
.'Surety's Siggature:
• ' ignature must notarized)
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Title: ; YungT. Mullick,Attorney- -Fact
' Address: 251 S.Lake Ave.,Ste.360,Pasadena, CA 91101
Telephone: 626-639-1321
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached,and not the truthfulness,accuracy, or validity of that document.
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STATE OF CALIFORNIA
County of Orange
On February 1,2018 before me, Irene Luong , Notary Public,
Date Insert Name of Notary exactly as it appears on the official seal
I personally appeared Yung T.Mullick
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
b executed the same in his/her/their authorized capacity(les),
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 I a IRENELUONG
i f - NotaOrangry eCountyc- ornta I certify under PENALTY OF PERJURY under the laws of
L' '1'iw Orange County >
- - Commission t2207169 the State of California that the foregoing paragraph is true
My Conn.Expires Jul 27,2021 and correct.
Witness my hand and • al.
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Signature
Place Notary Seal Above Signature of Note. Public Ir:(16 on
OPTIONAL
LThough the information below is not required by law it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document.
Description of Attached Document
L 'Title or Type of Document:
Document Date: Number of Pages:
II
l—i Signer(s)Other Than Named Above:
Capaclty(les)Claimed by Signer(s)
!� Signer's Name: Signer's Name: -
❑ Individual 0 individual
Corporate Officer—Titles :
❑ Corporate Officer—Title(s):_ 0 ( )
❑ Partner ❑Limited ❑General ❑ Partner ❑Limited❑General
! ❑ Attorney in Fact RIGHT THLMBF'RINT ElAttorney in Fact RIGHT THUMBPRINT
k ❑ Trustee OF SIGNER ❑ Trustee OF S GNER
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❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here
❑ Other. ❑ Other:
Signer is Representing: Signer is Representing:
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1238
PHILADELPHIA INDEMNITY INSURANCE COMPANY
One Bala Plaza,Suite 100
{ t Bala Cynwyd,PA 19004-0950
v Power of Attorney
LIKNOW ALL PERSONS BY THESE PRESENTS:That PHILADELPHIA INDEMNITY INSURANCE COMPANY(the Company),a corporation organized and
existing under the laws of the Commonwealth of Pennsylvania,does hereby constitute and appoint Yuae T.Mu1Gek.James W.Moilanen,Terah Johnston.and
Christine T.Hoarse of Mallitk&Moilanen$ondine&Insurance Services dba The Bond Exchange and Insurance Aeenev,its true and lawfid Attorney-in-fact
r i with full authority to execute on its behalf bonds,undertakings,recognizances and other contracts of indemnity and writings obligatory in the nature thereof,issued in
I� the course of its business and to bind the Company thereby,in an amount not to exceed S25,000,000.00.
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of
PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14iA of November,2016.
- RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the
Company: (1) Appoint Attorney(s) in Fact and authorize the Attorney(s) in Fact to
execute on behalf of the Company bonds and undertakings,contracts of indemnity and
r } other writings obligatory in the nature thereof and to attach the seal of the Company
L . thereto; and (2) to remove, at any time, any such Attorney-in-Fact and revoke the
authority given. And,be it
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RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any
such Power of Attorney or certificate relating thereto by facsimile,and any such Power of
Attorney so executed and certified by facsimile signatures and facsimile seal shall be
valid and binding upon the Company in the future with respect to any bond or
C undertaking to which it is attached.
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IN TESTIMONY WHEREOF,PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND
ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 14Th DAY OF NOVEMBER,2016.
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(Seal)
I Robert D.O'Leary Jr.,President&CEO
i_ Philadelphia Indemnity Insurance Company
On this 14°'day of November,2016,before me came the individual who executed the preceding instrument,tome personally known,and being by me duly sworn said
that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY;that the seal affixed to said instrument is
I1 the Corporate seal of said Company;that the said Corporate Seal and his signature were duly affixed.
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.- residing at: BalaCynwvd,PA
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{ My commission expires: January 8,2018
j I,Edward Sayago,Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY,do hereby certify that the foregoing resolution of the Board of
Directors and this Power of Attorney issued pursuant thereto on this 14' day of November,2016 are true and correct and arc still in Bill force and effect I do further
certify that Robert D.O'Leary Jr.,who executed the Power of Attorney as President,was on the date of execution of the attached Power of Attorney the duly elected
President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, ,,}_
1 1 In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 1 day of �e��°l ,20
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I t.''.J 1 pf%'-&tip Edward Sayago,Corporate Secretary
y`L„e r PHILADELPHIA INDEMNITY INSURANCE COMPANY
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No. 3576-6
STATE OF CALIFORNIA
DEPARTMENT OF INSURANCE
SAN FRANCISCO
Amended
Certificate of Authority
THIS IS TO CERTIFY that,pursuant to the Insurance Code of the State of California,
—I Philadelphia Indemnity Insurance Company
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ofPennrylvania,organized under the laws ofPennsylvania,subject to its Articles ofIncorporation or other
i fundamental organizational documents, is hereby authorized to transact within this State,subject to all
provisions of this Certtcate,the following classes of insurance:
IFire,Marine,Surety,Disability,Plate Glass,Liability,Boiler and Machinery,
Burglary,Sprinkler,Automobile,and Miscellaneous
as such classes are now or may hereafter be defined in the Insurance Laws of the State of California.
THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in
4 full compliance with all,and not in violation of any,of the applicable laws and lawful requirements made
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under authority of the laws of the State of Cal ifornia as long as such laws or requirements are In effect and
applicable,and as such laws and requirements now are,or may hereafter be changed or amended.
IN WITNESS WHEREOF,effective as of the 11 u day of September,
2015,I have hereunto set my hand and caused my official seal to be
affixed xed this 11 th day of September,2015.
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Dave Jones
- Insurance Corua�fssioner
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By Valerie Sarfaty
for Nettie Hoge
Chl rvis y
NOTICE:
Qualification with the Secretary of State must be accouoplished as required by the California Corporations Code promptly after
issuance of this Certificate of Authority.Feihue to do so will be a violation of Insurance Codo section 701 and will be grounds for
• ' revoking this Certificate of Authority pursuant to the covenants made in the application therefor and the conditions contained
harem.
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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* A - )
On , 20/8 bef a me, fr 69 tit 1 I Ivrac
personally peared j Y(l o f tear i ct- J
who proved to me on the basis
of satisfactory evidence to be the person4whose nameSsf is/are" subscribed to the
within instrument and acknowledged to me that 1lshe/he5r executed the same in
his/her/their authorized capacity ,s); and that by his/her/t. signatures) on the
instrument the personcsror the entity upon behalf of which the person a) 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.
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WITNE myhand and official seal.
GYUING ''''
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On Ut L 'V di�je before me,_ A. ,'� Inna,(S� I ' Tu Ul(�,
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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. 2
I certify under PENALTY OF PERJURY under the laws of the ;�C �4.*, 1
State of California that the foregoing ara ra h is true and correct.
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WITNESS my hand and official seal. t .rivi i m..f t
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Signature
Cb Wy,e-e/71 -- I III Illlll
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-- OPTIONAL INFORMATION 1
l Although the information in this section Is not required by law,It could prevent fraudulent removal and reattachment of this
acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. '1
1
i Description of Attached Document Additional Information I
v # The preceding Certificate of Acknowledgment is attached to a document Method of Signer Identification
titled/for the purpose of Proved to me on the basis of satisfactory evidence: i
t Lo form(s)of identification 0 credible witness(es)
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O Copyright 2007-2C13 Notary Rotary,Inc.PO Box 41400,Des Moines,IA 50311-0507.All Rights Reserved. Item Number 101772. Please contact your Authorized flexile'to purchase copies of this form.
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C36550
AGREEMENT
THIS AGREEMENT is made and entered into this 8th day of March 2018, by and
between City of Palm Desert, California; hereafter called "CITY," and Floor Tech America,
Inc., hereinafter called "CONTRACTOR."
WITNESS ET H
RECITALS:
CONTRACTOR has submitted to CITY its Contractor's Bid for the construction of
CITY Project,
1. CITY HALL NORTH WING CARPET REPLACEMENT, PROJECT NO. 779-18;
CONTRACT NO. C36550, 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:
1. 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, (j) General Specifications, (k) The Special Provisions, (I) The
Standard Specifications as modified in other portions of the Contract Documents,
(m) The Plans, (n) Any Change Orders issued, (o) Any additional or supplemental
specifications, notices, instructions and drawings issued in accordance with the
provisions of the Contract Documents (p) The Determination of Prevailing Wage
Rates for Public Works, (q) Addenda No.(s) 0 . 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. CITY'S OBLIGATIONS. For furnishing services, as specified in this Agreement,
CITY will pay and CONTRACTOR shall receive in full compensation, therefore the
total sum of Sixty-Nine Thousand Five-Hundred Ninety-Nine dollars
($69,599) as billed on and as set forth in the Contract Documents and adopted by
the CITY.
C36550
3. CONTRACTOR'S OBLIGATION.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
30 Calendar Days from the Notice to Proceed date to the satisfaction of the
Engineer.
4. HOLD HARMLESS AND INDEMNIFICATION 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$500.00
per calendar day of delay.
5. 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.
6. This Agreement shall be binding upon all parties hereto and their respective
heirs, executors, administrators, successors, and assigns.
7. 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.
C36550
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
referenced time frame may occur only for good cause following written approval of
the City of Palm Desert.
8. 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.
9. 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 as follows:
"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: ATTEST BY:
(Signature to be notarized)
TITLE: TITLE:
C36550
CITY:
BY: ATTEST BY:
TITLE: City Manager of Palm Desert, CA TITLE: City Clerk of Palm Desert, CA
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
Timothy R. Jonasson, P.E. ROBERT W. HARGREAVES
INDEPENDENT INTERIM DIRECTOR CITY ATTORNEY
OF PUBLIC WORKS
C36550
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
C36550
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Desert
has awarded to Floor Tech America, Inc. hereinafter designated as the "Principal", a
contract for:
CITY HALL NORTH WING CARPET REPLACEMENT
PROJECT NO. 779-18
CONTRACT NO. C36550
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, 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
Sixty-Nine Thousand Five Hundred Ninety-Nine Dollars ($69,599), 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
C36550
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. Take over 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.
C36550
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 8th day of March 2018.
(Corporate Seal) Contractor/Principal
By:
Title:
(Corporate Seal) Surety
By:
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
Sure Agent 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.
C36550
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
C36550
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
C36550
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS, the City of Palm Desert (sometimes referred to hereinafter as
"City") has awarded to Floor Tech America, Inc. (hereinafter designated as the
"CONTRACTOR/PRINCIPAL"), an agreement dated March 8, 2018 described as
follows: CITY HALL NORTH WING CARPET REPLACEMENT, Project Number 779-18,
Contract No. C36550 (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, ,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 Sixty-Nine Thousand Five Hundred Ninety-Nine
Dollars ($ 69,599.00), 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
and Taxation Code Section 18663 with respect to such work and labor the Surety or
C36550
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: SURETY:
(Typed Name of Principal/Contractor) (Typed Name of Surety)
By: By:
(Signature) (Signature of Attorney-in-Fact)
(Signature to be Notarized) (Signature to be Notarized)
(Typed Name and Title) (Typed Name of Attorney-in-Fact)
The rate of premium on this bond is $ per thousand.
C36550
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
. 'jrr
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.: Telephone No.:
C36550
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.
)
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
C36550
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