HomeMy WebLinkAboutC38330 RS Construction & Development, Inc. - TI for State Rehabilitation Office 774-18CONTRACT NO. C38330
STAFF REPORT
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
MEETING DATE: January 9, 2020
PREPARED BY: Emily Roethler, Project Manager
REQUEST: Award Contract No. C38330 in the amount of $215,000 to RS Construction &
Development, Inc. of Upland, California, for the Tenant Improvements for the
State Department of Rehabilitation at the Parkview Office Complex (Project
No. 774-18).
Recommendation
By Minute Motion:
1. Award Contract No. C38330 in the amount of $215,000 to RS Construction &
Development, Inc. of Upland, California, for the Tenant Improvements for the State
Department of Rehabilitation at the Parkview Office Complex Project;
2. Appropriate $100,000 from the Parkview Office Complex Capital Fund to Account
No. 5104195-4337020;
3. Authorize the Director of Finance to set aside a 10 percent contingency in the
amount of $21,500;
4. Authorize the City Manager or designee to review and approve written requests
for the use of contingency change orders for unanticipated conditions, per Section
3.30.170 of the Palm Desert Municipal Code; and,
5. Authorize the City Manager to execute the Agreement.
Upon approval, funds will be available in Account No. 5104195-4337020, Parkview Office
Complex Capital Account.
Strateqic Plan
The Tenant Improvement Project for the State at the Parkview Office Complex is a maintenance
activity and, as such, does not contribute directly to the objectives of the City's Strategic Plan.
Background Analvsis
As part of the existing lease agreement between the State of California Department of
Rehabilitation and the City of Palm Desert for Suite 102 at the State Building, as negotiated by
Staff, the City is responsible for all items identified as the Base Bid Items of the Bid Documents.
These improvements include professionally cleaning all flooring, window film and weather
stripping, bracing all cabinets and files for seismic activity, and making the required ADA
improvements to the Suite.
January 9, 2020 - Staff Report
Award Contract for Department of Rehabilitation Tenant Improvements (Project No. 774-18)
Page 2of2
Staff is also recommending renovating both of the existing restrooms as they have ADA
deficiencies, have outdated fixtures, and are becoming a maintenance issue. These
improvements will be made at the sole cost of the City. The remaining items of work in the Bid
Documents listed as Additive Alternates 1 through 6 (Ad. 1-6), are additional improvements to be
paid for by the Tenant. The City will construct these improvements under the proposed
construction contract and be reimbursed by the Tenant under the terms of the existing lease
agreement.
On November 21, 2019, after being duly advertised, sealed bids were opened and read aloud by
the Office of the City Clerk with the following results:
Contractor
RS Construction & Development, Inc
R Dependable Construction, Inc.
Location Bid Amount
Upland, CA $215,000.00
San Bernardino, CA $310,600.00
The Bid Documents list a cost of $215,000 for all improvements, with construction anticipated to
take 75 calendar days. The City would enter into a contract for the bid amount of $215,000, and
be responsible for $166,670 of the construction costs, with the State being responsible for
$48,330, which would be reimbursed to the City under the terms of the lease agreement.
Fiscal Analvsis
After the contract is awarded, the City will pay for the costs of all the improvements. Upon
completion of the project, the State will reimburse the City for the State's share of costs with their
monthly rent, amortized over the initial term of the lease extension (normally 48 months), at an
interest rate of approximately 6%. The anticipated gross rent during the life of the lease and its
extensions will be $899,907. In addition the City will be reimbursed by the State of California for
their cost of $48,330 paid in 48 installments.
LEGAL REVIEW
Approved as to Form DEPT. REVIEW
N/A l ��
Robert W. Hargreaves Tom Garcia, P.E.
City Attorney Director of Public Works
y`!Manager, Lauri Aylaian
FINANCIAL ASSISTANT
REVIEW CITY MANAGER
e
M. Moore ndy Firestine
Director of Finance Assistant City Manager
CONTRACTOR: RS Construction & Development, Inc.
1042 N. Mountain Avenue, Suitt-Fburgcm ,l2TION
Upland, California 91786 APPROVED DEN",
ATTACHMENTS: 1) Contractor's Bid RECEIVED OTHER
2) Agreement and Bonds MEETING DA �- ! ACI
3) Vicinity Map AYES- nkL 5 Whin .)q., toebp-LatO P
NOES: h ITI)L
ABSENT: n�
ABSTAIN- MlVk-
VERIFIED BY:.RCt�,ffl,
Original on File with Ci Jerk's Office
C- CONTRACTOR'S BID
DEPARTMENT OF REHABILITATION TENANT IMPROVEMENT
PROJECT NO.774-18
CONTRACT NO. C38330
TO: CITY OF PALM DESERT, `CITY"
DATE: 11 /20/2019
BIDDER: RS Construction & Development, Inc. "CONTRACTOR"
The UNDERSIGNED, "CONTRACTOR", having carefully examined the site and the
Contract Documents for the construction of, DEPARTMENT OF REHABILITATION
TENANT 1MPROVEMNT, PROJECT NO. 774-18, CONTRACT NO. C38330, hereby
proposes to construct the work in accordance with the Contract Documents, including
Addenda No(s). 1.2 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 80
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 on 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-1-2
and cost of maintaining or construction alternate facilities occasioned by the failure
to execute and deliver said documents.
a It Is understood that the quantifies 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 Professionally dean hard surface floors LS 1
$
$
3,969.43
3,969.43
3 Existing Interior window covering to remain. LS 1
$
$
Provide and install window film and
3,133.87
3,133.87
weatherstripping. Provide window film
samples to KELPS Planner for approval.
Replace missing exterior door screen.
4 Brace all cabinets and fifes for seismic. LS 1
$
$
1,955.28
1,955.28
5 %41scellaneou3 ADA repairs per Exhibit B of LS 1
$
$
he Specifications. Including preparation of
any plans required for a Building Permit.
62,187.77
62,187.77
SUB=TOTAL: BASE BIDIPRICE
$
88,376.45
like -new condition. Match existing. 2,646.29 2,646.29
AD. 2 Add 4" wood chair rail to all walls. Paint to LS 1 $ $
match wall. Provide specification to RELPS
Planner for approval. 2,681.35 2,681.35
AD. 3 Provide and install ADA compliant vision LS 1 $
panel. Patch, repair, and repaint door and
frame as necessary for like -new 33,740.17
appearance. Paint to match existing.
C-2-2
33,740.17
AD. 4
Add voice/data in wall. Match existing.
LS 1
$
$
3,969.43
3,969.43
AD. 5
Add dedicated 20 amp duplex outlet for
LS 1
$
$
VPS.
27646.29
2,646.29
AD. 6
Add receptacle. Convert base feed as
LS 1
$
$
!seeded,
2,646.29
2,626.29
AD. 7
Remove all existing tile in men's and
LS 1
$
$
women's restrooms (floor, walls, counters,
7,919.02
7,919.02
etc.)
AD. 8
Provide new wainscoting and paint for
LS 1
$
$
men's and women's restrooms
17,094.03
17,094.03
AD. 9
Install ceramic tile for flooring In men's and
LS 1
$
$
women's restrooms
15,460.94
15,460.94
AD.10
Remove existing partitions and install new
LS 1
$
$
partitions in men's and women's restrooms
18,141.63
18,141.63
AD. 11
Replace existing faucets, sinks, and toilets
LS 1
$
$
in men's and women's restrooms
14,963.77
14,963.77
AD. 12
Remove existing dispensers in men's and
LS 1
$
$
women's restrooms; Re -Install If condition is
4,714.35
4,714.35
acceptable to the City. Provide and Install
new if existing are damaged or irreparable.
SUB -TOTAL -ALTERNATE BID PRICE
$ 126,623.56
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.
SUB TOTAL AMOUNT BASE BID IN FIGURES $ 88,376.45
SUB -TOTAL AMOUNT BASE BID IN WORDS Eighty -Eight Thousand Three Hundred
Seventy Six and 45/100
SUB -TOTAL. AMOUNT ALTERNATE BID IN FIGURES $ 126,623.56
SUB -TOTAL AMOUNT ALTERNATE BID IN WORDS One Hundred Twenty -Six Thousand
Six Hundred Twenty Three and 56/100
TOTAL BID AMOUNT (BASE BID AND ALTERNATES) IN FIGURES $ 215,000
C-3-2
TOTAL BID AMOUNT (BASE BID AND ALTERNATES) IN WORDS
'NO y Q N)-r)gn AND DoUASS
0
ti►rl � \ c�0
IN WITNESS WHEREOF CONTRACTOR executed this Bid as of date set forth on Page
By:-:--
Signature (must be notarized)
Title: President
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 Califomia
County of San Bernardino
on November 20 2p 19 before me, Adrian Cazares, Notary Public
personally appeared Ricardo Serna
who proved to me on the basis of
satisfactory evidence to be the personW whose name($) IsIve subscribed to the within
Instrument and acknowledged to me that he/shMbey executed the same In hislbed0Wr
authorized capacityp"), and that by hWborlom t signatures(s) on the instrument the
person(a), or the entity upon behalf of which the personM acted, executed the Instrument.
I certify under PENALTY OF PERJURY under the laws of the State of Cai{fomla that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
dell
Signature Notary Public
C-4.2
ADRIAN CADRES j
COMM. #2232867
z Notary Public • Califomla o
San 8emarchno County
!ly Comm. Expires Afar. 2.2022 f
D — INFORMATION REQUIRED OF BIDDER
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 RS Construction & Development. Inc.
(2) Address 1042 N. Mountain Avenue, Suite B-552. Upland. CA 91786
(3) Telephone No. (909) 920-1144
(4) Type of Firm (Individual, Partnership or Corporation) Corporation
(5) Corporation organized under the laws of the State of California
(6) Contractor's License No. 1005429 Exp. Date 10/31/2021
(7) Department of Industrial Relations Contractor Registration number: 1000053445
(8) Email Address of Contractor's DIR Contact info(a),rscdinc.com
(9) DIR Classifications General Building Contractor
(10) Have you or any of your sub -contractors been debarred: Yes ❑ No X❑
If yes, provide additional information on a separate sheet.
(11) List the names and addresses of all owners of the firm or names and titles of all
officers of the corporation: (Use separate sheet if necessary.)
Ricardo Serna - President
1042 N. Mountain Avenue, Suite B-552
Upland, CA 91786
(12) List at least three similar projects (on -going or recently completed):
1C6nt4*Ainount Cl@s&ofWork t bdte.Cothpletedi
1. $121,000 Remodel 05/2019
2. $90,000 Renovation 08/2019
3. $152,000 Remodel 08/2018
D-1
iNanie, A4dfpss &
Telephone No.-df Owner
Baldy View ROP
2890 Inland Empire Blvd., STE. 100
Ontario, CA 91764
(909) 980-6490
City of Santa Ana
20 Civic Center Plaza,
Santa Ana, CA 92702
(714)647-5400
City of El Monte
11333 Vally Boulevard
El Monte, CA 91731
(626)258-8624
(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 amount
in excess of one-half of one percent or $10,000, whichever is greater. Failure
to include the subcontractor's MR regjstration number may result In the b
being reieeted as non -responsive.
Subcontractor's Name: CERAMIC TILE WORKS & DESIGNS INC
License Number: 854604 DIR Contractor Registration No. 1000007884
Business Address: 470 E PRINCELAND COURT STE 3, CORONA, CA 92879
Telephone: (951) 340-9260
DIR email address: cindy@ctwdesignsinc.com
Work Description: Tiling
Subcontractor's Name:
License Number:
Business Address:
Telephone:
DIR email address:
Work Description:
Subcontractor's Name:
License Number:
Business Address:
Telephone:
DIR email address:
Work Description:
DIR Classifications: Tile Setter/Finisher
Percent of Work: 6-5 '/-
DIR Contractor Registration No.
DIR Classifications:
Percent of Work:
DIR Contractor Registration No.
DIR Classifications:
Percent of Work:
(14) List the name of the person from your firm who inspected the site of the proposed
work: Ahmad Deeb
D-2
(15) A financial statement or other information and references sufficiently
comprehensive to permit an appraisal of your current financial condition may be
required by the City.
(16) Contractor hereby swears under penalty of perjury that this information provided
is true and correct.
By: Title: President
Contractor's Signature
D-3
E — PUBLIC WORKS CONTRACTOR DIR REGISTRATION CERTIFICATION
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 htto://www.dir.ca.00v/Public-
Works.html for additional information.
No bid will be accepted nor anv contract entered into without proof of the Contractor's and
Subcontractor's current registration with the Department of Industrial Relations to perform public
work.
Bidder herebv 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 Department of
Industrial Relations.
NAME OF BIDDER: RS Construction & Development, Inc.
DIR REGISTRATION NUMBER: 1000053445
DIR REGISTRATION NUMBER EXPIRATION DATE: 06/30/2020
DIR CERTIFIED PAYROLL EMAIL ADDRESS: infoArscdinc.com
Bidder 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.
Name of Firm:
RS Construction & Development, Inc.
�—`-
Signature:
Printed Name:
Ricardo Serna
Title:
President
Dated:
11 /20/2019
E-1
F — NONCOLLUSION DECLARATION
To be Executed by Bidder and Submitted with Bid
The undersigned declares:
I am thep esid«iof RS Construction & Development. Inc. , 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 manner, directly or
indirectly, sought by agreement, communication, or conference with anyone to fix the 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 or any
breakdown thereof, or the contents thereof, or divulged information or data relative
thereto, to any corporation, partnership, company, association, organization, bid
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,
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
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 13th
day of November 20 19 , at Upland. California
city state
CONTRACTOR
By: -�==q �
Signature
Title: President
F-1
G-BIDDER'S BOND
To Accompany Bid
KNOW ALL MEN BY THESE PRESENTS,
That we, RS Construction & Development. Inc. as principal,
and The Ohio Casualty Insurance Company as surety, are held and
firmly bound unto the Cityof Palm Desert in the sum of $ lei Mercer cirnmoimt Bid (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:
DEPARTMENT OF REHABILITATION TENANT IMPROVEMENTS
Project No. 774-18
Contract No. C38330
And the general items of work to be done hereunder consist of {SPECIFIC TO JOB}
and dated NOV. 21sT, 2019 is accepted by the City of Palm Desert. And if the above
bounden principal 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 shall be and remain in full force and
effect.
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 all costs of said
proceeding, including attorney's fees, shall be awarded to the prevailing party.
IN WITNESS WHEREOF, We hereunto set our Hands and Seals this 14TH day of
NOVEMBER 20 19
Contractor's Name: B$ Construction & Development, Inc.
Contractor's Signature:
(Signature must be notarized)
Title: President
Address: 1042 N. Mountain Avenue, Suite B-552, Upland, CA 91786
Telephone: (909) 920-1 144
G-1
Surety's Name: The Ohio Casual nsurance Company
Surety's Signature:
(Signature must be notarized)
Title: PHILIP E. VEGA, ATTORNEY -In- CT
Address: 534 E. BADILLO ST. COVINA, CA 91723
Telephone: 116-a59-loco
G-2
Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document, to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
State of California
County of San Bernardino
On November 14 , 20 19 before me, Adrian Cazares. Notary Public
personally appeared Ricardo Serna
who proved to me on the basis of
satisfactory evidence to be the person(s) whose name is/aK subscribed to the within
instrument and acknowledged to me that he/W/they executed the same in his/hx-h>9ir
authorizedcapacity�s), and that by his/ r/� signatures(al on the instrument the
person�', 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 otary Public
G-3
J ADRIAN CADRES
COMM. #2232867 z
Notary Public • California o
= San Bernardino County
My Comm. Expires Mar. 2.2022 1
Thb Power of Adomy crafts the acts of those named heron, anti thy have no wthorlty to
bind the Company except In the manner and to the extent herein stated.
Libei y'' Liberty Mutual Insurance Company
Miitiialr The Ohio Casualty Insurance Company Certificate No.82o'1903-969677
SURETY West American Insurance Company
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty htsuranoe Company Is a corporation duty organized under the taws of the Slate of New Hampshire, that
Liberty Mulual Insurance Company is a corporation duty organized under the laws of the Slate of Massaclusetts, and West American Insurance Company Is a corporation duly organized
under the laws of the State of I dilare (herein Coffesthrety caled the 'Compeniesj, pursuant to and by authority herein set forth, does hereby name, constitute and appoint,
Britton Chrhsriansen, Myrna Smith, Philip E- Vega; Kevin E Vega
al a the city of Covina state of California each Indiviol lly C there be more than area named, its true and lawful atbmey-In•fact to make,
execute, seal, aduwwfedge and dealer, for and on its behalf as surety and as As act and deed, any and all undertakings, bonds, recopnizances and other surety obligations, in pursuance
of these presents and she% be as binding upon the Companies as It they have been duty signed by the president and attested by the secretary of the Companies in that own proper
PKSOns•
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this 15th day of August , 2019 .
Liberty Mutual Insurance Company `
%Hsu � tl( uwsu tnso'? The Ohio Casualty Insurance Company
°Oroti�'on� y`�irp+�04r� � 3c°�0tir�a?(� WestAmeerricanlnsuranceCompany
a 12 c c 1919 c 1991 0 / /A�W� ' N
� r� tee�CMUf��Dr �O �M�rA�Dt, I MeuM�' D `Jyl/ °l
By
c David M. Carey, Assistant Secretary
= State of PENNSYLVANIA
:3 County of MONTGOMERY s3 m
�m
ru On this 15th day of August 2019 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance o
`0 3 Company, The 6W Casualty Company, and West American Insurance Company, and that he, as such, being autharzed so to do, execute the foregoing Instnunent for the purposes
— H
y > therein contained by signing on behalf of the corporations by himself as a duty authorized officer. �, w
T
M IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my noLYW seal at King of Prussia, Pennsytvanla, on the day and year first above written. E
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sib h'a.s� �r�i
O` ;�/ :..,i^' i 1 P COMMONWEALTH f PENNSYLVANUI Q�
�rY _
Tereae peNeae,lraery Berm
O Upper Merm Tip . Maepanery CourxT By:
C M �: r My ComNetlm EA0i sure, 26. 2021 3 E
?� ti n,t n• v� .r��+. �..m.eon a wiz +.. Teresa Pastells, Notary Pubic a m
onur v+rry tw^J $
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r err This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Auttartzatlons of The Ohio Casualty Insurance Company Liberty Mutual =
o .E Insurance Company, and West American Insurance Company which resc'udons ore now In hA force and effect reading as follows: `o m
E air ARTK:LE IV -OFFICERS: Section 12. Power of Attorney.
it u
o Any officer or other official of the Corporation authorized for that purpose in w Wg by the Chairman or the President, and subject to such imitation as fie Chairmen Of the au
v_ > President may prescribe, shall appoint such atomeys-In•fac4 as may he necessary In act In behalf of the Corporation to make, execute, seal, acknowledge and delver as surety > o
'm any and all undertakings, bands, rewgnizances rino*dons other surety oalons Such atiomeys-In•fact, subject to one limitations set forth In their respective powers of attorney, She# L N
17- have full power to bind the Corporation by their Anabme and execution of any such Instruments and to attach thereto the seal of the Corporation. When so executed, such — kin
Z u Instruments shall be as binding as # signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomy-inunder the a in
provislons of this article may be revoked at any time by the Board, the Chairman, the Pres ded or by the officer or officers granting such power or authority o 0
ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings. L
Any officer of the Company authorized for that purpose in wdttg by Me chairman or the presId 1, and subject to such limitations as the Chairman or the president may prescribe, '2 .
shall appoint such adomeys•lndacL as may be necessary Do ad h behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings,
bonds. recogrizances and other surety otil gdoru. Such anomeys-in-fact subject to the %mitatlons set forth In their respective powers of ahorney, shall have full power to bind the
Company by their signabrre and execution of any such instruments and io attach thereto the seal of the Company. When so executed such instnunerhts shall be as binning as if
signed by the president and alerted try the secretary.
Certificate of Designation - the President of the Company, acing pursuant to the Bylaws of the Company, authorizes David M Cary, Assistant Secretary to appoint such attorneys -In -
fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surely
obligations.
Authorization - By unanknous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signalure of any assistant secretary of the
Company. wherever appearng upon a certified copy of any power of attorney issued by the Company In connection, wroth surety bonds, shall be valid and binding upon the Company with
the same force and effect as Cougar, manualy affixed.
1, Ranee C. Jewdyn. the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do
heeby certify Lhal the onginal power of attorney of which the loregoirhg is a full true &)it correct copy of line Power of Attorney executed by said Companies, is In full force aM effect and
has not been revoked
IN TESTWONY WHEREOF, I `ave hereunto set my hand and affixed the seats of sad Companies this 14TH day of NOVEMBER , 2019
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of LOS ANGELES
On NOV 1 4 7019 before me, KEVIN EDWARD VEGA. NOTARY PUBLIC
Date Mere Insert Name and Title of the Officer
personally appeared PHILIP E. VEGA
Name(s) of Signer(s)
who proved. to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within Instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the Instrument.
;,.. KEVIN EDWARD VEGA
.? >i Notary Public - California
Los Argeles County Z
Z Commission n 2151113
My Comm Expires Apr 29.2020#
Place Notary Seat Above
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and_afficiat s
Signature
Signature of Notary Public
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Tine or Type of Document: Document Date:
Number of Pages: Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited O General
0 Individual O Attorney In Fact
❑ Trustee O Guardian or Conservator
• Other:
Signer Is Representing:
Signer's Name:
O Corporate Officer — Title(s):
❑ Partner — C Limited ❑ General
O Individual ❑ Attorney in Fact
O Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
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02014 National Notary Association • www.NationaiNotaiy.org • 1-600-US NOTARY (1-600-876-6827) Item 1t5907
11/21/2019
Contractor Information
hops://cadir.secure. force.com/ContraclorSearch/Prin tRegOetails
Legal Entity Name
RS CONSTRUCTION 8 DEVELOPMENT
Legal Entity Type
Corporation
Status
Active
Registration Number
2000053445
Registration effective date
7/1/2019
Registration expiratlon date
6130/2020
Mailing Address
1042 N MOUNTAIN AVE SUITE B•552 UPLAND 91786 CA Uni ..
Physical Address
1D42 N MOUNTAIN AVE SUITE B•552 UPLAND 91786 CA Uni .
Email Address
Trade Name/DBA
Llcense Number(s)
CSLB 1005429
Legal Entity Information
Agent of Service Name:
ANNA AGBINCOLA
Agent of Service Mailing Address:
130 S MOUNTAIN AVE SUITE H UPLAND 91786 CA United States orAmerica
Corporation Number.
Federal Employment Identification Number.
President Name:
RICARDO SERNA
Vice President Name:
Treasurer Name:
Secretary Name.
CEO Name:
Workers Compensation
Do you lease employees No
through Professional Employer
Organization (PEOM
Please provide your current
workers compensation
Insurance information below:
PEO PEO PEO
PEOlnformationName Phone Email
Registration History
Effective Date Expiration Date
5/18/2018 6/30/2019
10/23/2017 6/30/2028
7/1/2019 6/30/2020
Insured by Carrier
Policy Holder Name:RS CONSTRUCTION & DEVELOPMENTInsurance Carrier:BERKLEY NETPolicy Number:
BNUWC0142536Inception date: 12 / 12 /201BExpiration Date:12/12/2019
hops://cadir.secure.force.com/ContractorSearr.h/PdntRegDetals 1'j
11/21/2019
Contractor Information
https J/cadir.secure.force.com[ContractorSearch/PrintRegDetails
Legal Entity Name
CERAMIC TILE WORKS 8 DESIGNS, INC.
Legal Entity Type
Corporation
Status
Active
Registration Number
1000007884
Registration effective date
7/112019
Registration expiration date
6/30/2020
Mailing Address
470 E PRINCELAND CT STE 3 CORONA 92879 CA Un,ted Stat
Physical Address
470 E PRINCELAND CT STE 3 CORONA 92879 CA Unted Slat
Email Address
Trade Name/DBA
CTW 8 DESIGNS. INC
License Number(s)
Other854604
Legal Entity Information
Corporation Number.
854604
Federal Employment Identification Number.
President Name:
ELDON MOON
Vice President Name:
Treasurer Name:
JOHN MOON
Secretary Name:
CEO Name:
Agent of Service Name:
AMORELLi ROSEMANN ASSOCIATES INC
Agent of Service Mailing Address:
3110 E Guasti Road Suite 500 ONTARIO 91761 CA United States of America
Workers Compensation
Do you lease employees No
through Professional Employer
Organization (PEO)?:
Please provide your current
workers compensation
insurance Information below:
PEO PEO PEO
PEOlnformationName Phone Email
Registration History
Effective Date Expiration Date
5/10/2018 6130/2019
5/8/2017 6130/2018
5/23/2016 6/30/2017
7/1/2015 6/30/2016
2/2/2015 6/30/2015
7/1/2019 6/30/2020
Insured by Carrier
Polity Holder Name:CERAMIC TILE WORKS & DESIGNS, INC.Insurance Carrier:ICW GROUPPolicy Number:
W50502608405Inception date: 3121/2019Expiration Date:3121/2020
https://cadlr.secure.force.comJContractorSear h/PrintRegDe(ails ill
CONTRACT NO. C38330
AGREEMENT
THIS AGREEMENT is made and entered into this 9th day of January 2020, by
and between City of Palm Desert, California; hereafter called "CITY," and RS
Construction & Development. 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,
1. DEPARTMENT OF REHABILITATION, PROJECT NO. 774-18; CONTRACT NO.
C38330, 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) General Specifications, (k) The Special Provisions, (1) The
Standard Specifications as modified in other portions of the Contract Documents,
(m) The Exhibits, (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) . 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 75 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 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 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: Citv Manager 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
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
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Desert
has awarded to RS Construction & Development, Inc. hereinafter designated as the
"Principal", a contract for:
DEPARTMENT OF REHABILITATION TENANT IMPROVEMENTS
PROJECT NO. 774-18
CONTRACT NO. C38330
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, RS Construction & Development, 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
Two Hundred and Fifteen Thousand Dollars ($215.000.00), 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 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. 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.
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
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
Any claims under this bond may be addressed to:
Surety Agent or Representative for service of process in
California if different than Surety
Name: Name:
Address:
City/State/Zip Code:
Telephone No.:
Address:
City/State/Zip Code:
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.
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
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
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS, the City of Palm Desert (sometimes referred to hereinafter as
"City") has awarded to RS Construction & Development, Inc. (hereinafter designated as
the "CONTRACTOR/PRINCIPAL"), an agreement dated January 9, 2020 described as
follows: DEPARTMENT OF REHABILITATION TENANT IMPROVEMENTS, Project
Number 774-18, Contract No. C38330 (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, RS Construction & Development. 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 Two Hundred and Fifteen Thousand Dollars
($215,000.00), 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.
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)
SURETY:
By: By:
(Signature)
(Signature to be Notarized)
(Typed Name and Title)
The rate of premium on this bond is $
(Typed Name of Surety)
(Signature of Attomey-in-Fact)
(Signature to be Notarized)
(Typed Name of Attorney -in -Fact)
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
Any claims under this bond may be addressed to:
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.:
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.
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
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