HomeMy WebLinkAboutC35830 - Trffc Sgnl Sidwlk Repairs Cook St-Frank Sinatra 578-17 Contract No. 35830
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
REQUEST: AWARD CONTRACT NO. C35830 TO DBX INC., FOR THE TRAFFIC
SIGNAL AND SIDEWALK REPAIRS-COOK STREET AND FRANK
SINATRA DRIVE IN THE AMOUNT OF $109,198 (PROJECT NO.
578-17)
SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works
CONTRACTOR: DBX, Inc.
42024 Avenida Alvarado, Suite A
Temecula, California 92590
DATE: March 9, 2017
CONTENTS: Contractor's Bid
Agreement and Bonds
Vicinity Map
Recommendation
By Minute Motion,
1. Award Contract No. C35830 for the Traffic Signal and Sidewalk Repairs - Cook
Street and Frank Sinatra Drive to DBX, Inc., of Temecula, California, in the
amount of $109,198.00 (Project No. 578-17);
2. Authorize the Director of Finance to set aside a 10 percent contingency in the
amount of $10,919.80;
3. Appropriate funds from unobligated Measure A in the amount of $120,117.80 to
the project account; and
2. Authorize the Mayor to execute said contract.
Funds are available in unobligated Fund 213, Measure A.
Strategic Plan Objective
This project is a maintenance activity repairing a traffic signal, and removing fugitive sand
from the sidewalk and adjacent street. As such, it is relevant to the goals in the Strategic
Plan by providing a safe and efficient transportation system and improving walkability of the
sidewalk.
Staff Report
Award Contract No. C35830 to DBX, Inc. for Project 578-17
Page 2 of 3
March 9, 2017
Background
The project will repair the traffic signal and the sidewalk at the northwest corner of Cook
Street and Frank Sinatra Drive. This repair is necessary due to shifting sand that, over the
course of time, has "shoved" the sidewalk and concrete gutter resulting in a shifting of the
traffic signal foundation. Also, a large amount of blow sand has accumulated along the right-
of-way, over the sidewalk, and into the gutter of the street that needs to be removed and
stabilized. While routine street sweeping and street crew maintenance keep the sidewalk
passable, a longer term solution is necessary.
Due to the construction in the roadway, it is necessary to remove and replace the traffic
signal indicator loops at this intersection. The wiring has also exceeded its life expectancy,
and is need of repair. We have incorporated this into the project as well to minimize
disruption to the public.
Bids for this project were opened on February 21, 2017. The results are as follows:
Contractor Location Bid Amount
DBX, Inc. Temecula, CA $109,198.00
California Professional Engineers La Puente, CA $130,121.00
PTM General Engineering, Inc. Riverside, CA $131,131.00
Fiscal Analysis
Beyond the cost of the contract, there is no additional fiscal impact associated with this
action.
Pr pared By:
Cora L. Gaugush, C/ Mark'Diercks, P.E.
Capital Im rovement Pro'ects Technician Transportation Engineer
Dep m t ead:
vl�
Mark Gre wood, P. . Ja et . Moore, Director of finance
Director of ublic Works
Approval:
auri Aylaian, City Manager
C — CONTRACTOR'S BID
TRAFFIC SIGNAL AND SIDEWALK REPAIRS-
COOK STREET AND FRANK SINATRA DRIVE
PROJECT NO. 578-17
CONTRACT NO. C35830
TO: CITY OF PALM DESERT, "CITY"
DATE: FAONU0_1A3 20, 2O1-1
BIDDER: Q6X1 Tr1.c . "CONTRACTOR"
The UNDERSIGNED, "CONTRACTOR", having carefully examined the site and the
Contract Documents for the construction of, TRAFFIC SIGNAL AND SIDEWALK
REPAIRS-COOK STREET AND FRANK SINATRA DRIVE, PROJECT NO. 578-17
CONTRACT NO. C35830, 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:
1. 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 Bid Bond 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
Page C-1
expense 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.
•,;„:.'�T !':: "c�T''a' "s:"+4q'"c..w.vHs „p"4.t:,. c • - _ -a,ix+ r-
1 Traffic Signal Modification LS 1 $qoggg,W $q uggg,
2 Sand Removal and Palliative-(S) LS 1 $io--icA),00 $ 1u�uu
3 Remove and Replace 3" Conduit LF 60 $ 23,uo $isou•
TOTAL BASE BID PRICE Dq, Iq $.co
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 $ 1 O G) I q g ,C)0
TOTAL AMOUNT BASE BID IN WORDS OnehUndrect, r1‘ ne thwatr
cane 'nun&red n i n-dt. do\laws Qrtd Zero C er
IN WITNESS WHEREOF CONTRACTOR executed this Bid as of date set forth on Page
C-1:
-B /t�%'^�2� C �• - 1wi
y /
Signature (Must be Notarized)
Title: Pre S S-e c.reA- h'1re GtSure)—
CONTRACTOR
Page 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 9i.N�t'5� �
On o9.1a-o\l-1 before me, Phi.A1\.tssc. m0-rfZ
Date Here Insert Name and Title of the Officer
Personally appeared 3 am-s C C. Pe rr`J
(Names of signers)
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 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
PHYLLISSA MARTZ that the foregoing paragraph is true and
Notary Public -California = correct.
• 21 Riverside County >
wi►% Commission ar 2159844
• M Comm.Ex fires Au 11,2020 WITNESS my hand and official seal.
—�
ignature of Notary Public
Page C-3
CONTRACT NO. C35830
AGREEMENT
THIS AGREEMENT is made and entered into this 9th day of March, 2017, by and
between City of Palm Desert, California; hereafter called "CITY" and DBX, Inc.
hereinafter called "CONTRACTOR".
WITNESSETH
RECITALS:
CONTRACTOR has submitted to CITY its Contractor's Bid for the construction of CITY
Project,
1. TRAFFIC SIGNAL AND SIDEWALK REPAIRS-COOK STREET AND FRANK
SINATRA DRIVE, PROJECT NO. 578-17; CONTRACT NO. C35830, 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 Inciting 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. 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
Page H-1
CONTRACT NO. C35830
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.
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 $750.00
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
Page H-2
CONTRACT NO. C35830
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.
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 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:
CITY:
BY: ATTEST BY:
TITLE: Mayor of Palm Desert, CA TITLE: City Clerk of Palm Desert, CA
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
MARK GREENWOOD, P.E. ROBERT W. HARGREAVES
DIRECTOR OF PUBLIC WORKS CITY ATTORNEY
Page H-3
CONTRACT NO. C35830
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 before me,
Date Here Insert Name and Title of the Officer
Personally appeared
(Names of signers)
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 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
Page H-4
CONTRACT NO. C35830
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Desert has
awarded to DBX, Inc. hereinafter designated as the "Principal", a contract for:
TRAFFIC SIGNAL AND SIDEWALK REPAIRS-
COOK STREET AND FRANK SINATRA DRIVE
PROJECT NUMBER 578-17
CONTRACT NUMBER C35830
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, DBX, 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 HUNDRED NINE THOUSAND, ONE HUNDRED NINETY-
EIGHT DOLLARS AND NO/00 Dollars ($ 109,198.00), 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
Page I-1
CONTRACT NO. C35830
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, 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,
Page 1-2
CONTRACT NO. C35830
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.
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_.
SURETY PRINCIPAL
BY: BY:
(Signature must be notarized) (Signature must be notarized)
INSURANCE COMPANY and/or AGENT
Name:
Address:
City/State/Zip Code:
Telephone No.:
Page 1-3
CONTRACT NO. C35830
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,
Date Here Insert Name and Title of the Officer
Personally appeared
(Names of signers)
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 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
Page 1-4
CONTRACT NO. C35830
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,
Date Here Insert Name and Title of the Officer
Personally appeared
(Names of signers)
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 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
Page 1-5
CONTRACT NO. C35830
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS, the CITY OF PALM DESERT (sometimes referred to hereinafter as
"Obligee") has awarded to DBX, Inc. (hereinafter designated as the
"CONTRACTOR/PRINCIPAL"), an agreement dated March 9, 2017: and described as
follows:
Traffic Signal and Sidewalk Repairs-Cook Street and Frank Sinatra Drive,
PROJECT NO. 578-17,
CONTRACT NO. C35830
(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;
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 ONE HUNDRED NINE THOUSAND ONE
HUNDRED NINETY-EIGHT Dollars ($109,198.00), 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 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.
Page J-1
CONTRACT NO. C35830
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 therefor, 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 hereinabove 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 Contractor) (Typed Name of Surety)
By:
(Signature) (Signature of Attorney in Fact)
(Typed Name and Title) (Typed Name of Attorney-in-fact)
(Signature must be notarized) (Signature must be notarized)
The rate of premium on this bond is $ per thousand.
The total amount of the premium charge is $ .
(The above must be filled in by the Corporate Surety.)
Page J-2
CONTRACT NO. C35830
JMPORTANT: 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.
Any claims t rthft mod:»pry be t ad1 o
Surety 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.:
THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK
Page J-3
CONTRACT NO. C35830
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,
Date Here Insert Name and Title of the Officer
Personally appeared
(Names of signers)
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 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
Page J-4
CONTRACT NO. C35830
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,
Date Here Insert Name and Title of the Officer
Personally appeared
(Names of signers)
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 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
Page J-5
• •_.---- — -.,••--._ / .
- .. / ,; / / i •,,„.
.• \
FA., ...,.....; i / .11i 17/7-'
i--
7-
,, . 0
i
1, ,..- / ,... 711C.- -11 — —--• -, / .1.--.
. [
•:-. (.._/ • -- . - . I .— ru•-•,,,. 1 ti ) \
iri ,ii •._- ,..---,
•. -- (-Y' '''>'•' 1— ' I
---.•-• -16/' (
, '• P• - N''''N'N„
• ti• ...
•Ca .
v.\ .-.• ' . /' / • . - •(---- I
. .
.. . - --' . L - -o • /- •-•.7
.. , / •/./- .
' - I .. ,,7 H ,,,
•P 1,, ,
- .. . ,
- . . • k--
, ,
&
'I /....,,- -1 .
.. -• 1 .. .
. .
t''
1
• d`- /
!)-i
.
---' /-14:•- - -." — ------.'
7,1--. 1
Aff-130E ,I . - --
I i In 11 / \
. /
-._ ______---- i \ /
----' '----' \ /
, fp 1 ,,\
1 , I i .
, \ /
,-'-' I
, • , / 4114%.,//
.."" ___) 4 ! \ ;
• — — _-. 7,,,, i 1 .-,__ _,% .,
f ... •-...
1
_ .._._....,,,, 7 i
/
-- jil CI E- ---.
•---- to
- — _
...-_.l''Ci. — --
FRANK SINATRA DRIVE
'-;- - W---
Fl• -... • T,) y-7:i . 17.1 Ei;. ;-..) ./. .--.. le?.
-' i 1.-...-' ' '7- - I l ../,..::":,• `•1
— - --,1 I
"'-'-'6tS '}ilal,1/ ' l'-''•..-.--7`... :- -..,
' I —C7-1 I 1 .)...-:•• -..4•':/'.i.-;fAl,tg-tilif5.1tt._J-r6.1--2-j
0' I— I-...„Z,.. ,,,=-_,..•e,,,,:i. ..-- ___
Project Location oi i ..,...,•,,,:.--wA -::.J,.,-;•,.., .-...2 •/ ••• :,.225"-,......-_,._--•
-:::_k_10,--..... .....:..-4, ,,,.,A-.‘ ...._
_ • .........,.,...„--„ ,, ......,-1 r-e.
,-
. .,:,:-.P,.... ,-,---- „•...! ,f, -
-- v.;•.-„_,_, ,-,- i
..„,.
/ . 1 r ••••-•:•-;,:i - --.-:::--•‘.,-;;.E.,,•_•_i-,1_,/. ',.•,.-.. '..;,.
II I - ' I -7• -
1.1.4 &,.,--1- I I I Iht,.--S) -4 1' li ri 11-•
MO41 ' rti p pt1-__. ... -tp. 2,',/ I 1 J I
1 J:7:.(/ . ':-144 Li 'Eii
Ili ii.,
I
..., „
1 - .1— • 1 '.' 1 7' A.7.- /.1,1-6 I:21i
if/A',-;;.'_•:-".'---..1-..--51:_h ,....-iii-
/ -i-
f-c,), . -n_ _64, . e•-•-•-- ----_-_--,.. '1"..:. 1_,,IN';---•
, ld.k.11 •(1''-)1:7-,.-,Ir•-i:
/ .
. /0 s'/--ri— ;01.-- i..4,..„. , (...;,---._-,--•/://1,„/i.,..
[-..‘../.Alttit L —• - ..._. L 1 ,-,....,A.,_i J,.. -,,-,1_ ___.;•=19,,---,,. fri'iz,
/ • • Ir/`,..,•_ . . ,.-..-_.-.f',..• t';..41,;ii
.-. .1. 1 ,- 1_ - iv--': r=•.:-,,/. ../;'i,;:4 1..7_.:1,.k./..-c-'-j-771..-J1.71-1:(r.-1,0.7/.1 ' Ill'•
1'.'-c INGIF14-1 il 1 .,.; / [j,,',,,::.,-,,
, 1.,../ , 1 1 , ., ii, --, ,,,"- 7,,--..
- ,,-
..,- _ _
----. , ,../..i.-1 LI -1 2 J_,_fl....r-1..,4
1 o 1! ' -.,-ity -urt FkvE un) -. 1 ,
' ' ' I !
/. .•=-L,7.-,..T.-,',•.'..`.
... -,,,-...- -...y.
i
I -' 611e'7144fr. ' . i f:,:). '.:.,;.;.:.•::.9,:74.i.,1,'...I
r___„...,...p„.__,._
'-'•.fVf: -7 '.-•;•
...r, . _.,.___-L ,.
• i ...i.\ . , _/ 7-----1— 1 . n _-.--.=_-!Ir;`, --.I!
7--',.-',. . ---'::--7::
.,.0.
,r
, .. 1.,
, .%.\.. •,
...o. r- i-'; /. ,2 .'1.•-.'"?J1
, •••Pr. ,
I i' '..i.'
• 4 ,
i I
, LL...---:1.• ,.,1',:1--•r''.''' _ e-),....
'-- .; 1 ''.• ,
..,"..."—*-'''''''•
...
Traffic Signal and Sidewalk Repairs-Cook Kit 44
i - I-Alih. 1
i••*w.
Street and Frank Sinatra Drive-Project 578-17
••"%t 11. -Oil
1:9.818 ...;•'''...il 7-NSII•P