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HomeMy WebLinkAboutItem 12e - Arterial Rehabilitation at First Ave. and Santa Clara St. DATE: January 17, 2023 TO: Honorable Mayor and City Council FROM: Jason Kruckeberg, Assistant City Manager/Development Services Director Kevin Merrill, City Engineer By: Johnathan Doojphibulpol, Associate Civil Engineer SUBJECT: CONTRACT WITH GENTRY BROTHERS, INC. FOR THE MISCELLANEOUS ARTERIAL REHABILITATION OF FIRST AVENUE AND SANTA CLARA STREET, AND ST. JOSEPH STREET, IN THE AMOUNT OF $1,321,361.10 CEQA: Exempt Recommendation: Approve SUMMARY As part of the City’s ongoing Pavement Management Program, the City annually appropriates Proposition C funding for arterial repaving projects. For the Fiscal Year 2021-22 Capital Improvement Program (“CIP”), the City Council appropriated $800,000 for the rehabilitation of First Avenue and Santa Clara Street. For the Fiscal Year 2022-23 CIP, an additional appropriation of funds in the amount of $400,000 was approved to increase the scope of the project to include rehabilitation of St. Joseph Street. Finally, to help address an emerging flood and safety issue in the alley west of First Avenue between St. Joseph Street and La Porte Street, an additional $300,000 in Proposition C funding is recommended to be transferred from the larger Downtown Alleys Project, resulting in a total project budget of $1,500,000. The Miscellaneous Arterial Rehabilitation Project was advertised for bids in November 2022, and bids were opened on December 15, 2022. Ten bids were received, and Gentry Brothers, Inc. was the lowest responsible bidder with a bid in the amount of $1,261,361.10. Three alternate bids were included in the bid and one alternate item for storm drain extension will be accepted in the amount of $60,000. With the added alternate bid item, the total contract amount will be $1,321,361.10. It is recommended that the City Council find the project categorically exempt pursuant to the requirements of the California Environmental Quality Act (“CEQA”) and authorize and direct the City Manager to execute a contract with Gentry Brothers, Inc. for the First Avenue and Santa Clara Street Rehab January 17, 2023 Page 2 of 4 Miscellaneous Arterial Rehabilitation - First Avenue and Santa Clara Street Project in the amount of $1,321,361.10, with a 10% contingency. BACKGROUND The City’s Pavement Management Program (“PMP”) analyzes the existing condition of Arcadia’s street pavement and prioritizes funding based on urgency and needs. Through the PMP, First Avenue from Huntington Drive to Colorado Boulevard, and Santa Clara Street from First Avenue to Fifth Avenue, have been identified as the highest priority arterial/collector streets for repair. The streets were also heavily impacted by the City’s recent CIP project, the Gold Line Pedestrian Linkage Improvements Project, completed in 2021, which added planters, bulb-outs, and decorative crosswalks, among other pedestrian improvements. The Pavement Condition Index (“PCI”) is used to indicate the general condition of pavement sections with a rating between 0 to 100, with 100 being excellent and 0 being failure. The most recent PCI numbers for Arcadia’s street pavement were obtained in the first quarter of 2021. The segment of First Avenue between Santa Clara Street and Colorado Boulevard has an average PCI rating of 37. The segment of First Avenue between Huntington Drive and Santa Clara Street has a higher PCI rating but was impacted by the Gold Line Pedestrian project and other utility projects in recent years. Both segments have been combined into a single effort that would provide complete rehabilitation of the First Avenue corridor north of Huntington Drive. The segment of Santa Clara Street from First Avenue to Second Avenue has a PCI of 49 but was also greatly impacted by the Gold Line Pedestrian Project. Planters were installed in the parking lane and other construction work has created the need to rehabilitate the street. The rehabilitation will include Asphalt Rubber Hot Mix (“ARHM”) pavement, sidewalk, curb and gutter, ADA ramps, utility adjustments, commercial driveway approach, traffic loop reconstruction, and other miscellaneous street rehabilitation items. To begin analysis on this project, on July 20, 2021, the City Council approved a Professional Services Agreement with Kreuzer Consulting Group (“KCG”) for project design services. During preliminary engineering, PMP data showed St. Joseph Street between Flower Street and Second Avenue with an average PCI of 38. As a result, St. Joseph Street was added to the project to complete street rehabilitation around the Arcadia Gold Line Station. Additionally, in late spring of 2022, it was brought to the City’s attention that storm runoff into the alley west of First Avenue between St. Joseph Street and La Porte Street was flooding into private properties. Upon further investigation, the flooding was identified as a historical problem resulting from the construction of the alley; however, it is believed that the flooding may have been worsened by recent parking lot improvements made on private property surrounding the alley. KCG was directed to prepare a storm drain plan to capture the flow and convey it to a safe outlet on First Avenue. Because this work is within the boundaries of the Pavement Rehabilitation First Avenue and Santa Clara Street Rehab January 17, 2023 Page 3 of 4 project, it was included with the pavement project to achieve a timely resolution. KCG completed the final design in October 2022 and the engineer’s estimate for the entire project was $1,157,945.34. DISCUSSION The project was advertised for bids in November 2022, and bids were opened on December 15, 2022. Bids were received from 10 prospective contractors with the following base bid results: NAME AMOUNT Gentry Brothers Inc. $1,261,361.10 Sequel Contractor Inc. $1,323,676.95 PALP Inc. dba Excel Paving Company $1,356,485.40 Hardy & Harper Inc $1,420,000.00 Toro Enterprises Inc. $1,508,506.08 Sully Miller Contracting Co. $1,519,172.50 Addison-Miller Inc. $1,755,787.53 Onyx Paving Company Inc. $1,818,000.00 All American Asphalt $1,860,669.50 Access Pacific $3,465,180.36 After reviewing the bid documents, Gentry Brothers, Inc. was determined to be the lowest responsible bidder. Gentry Brothers have previously been awarded City projects and performed with favorable results. The Bid also included three alternate bid items that were potential additions to the project depending upon the budget. Gentry’s alternate bid prices were also the lowest, but to stay within budget only one alternate bid item was accepted: to extend the proposed storm drain in the amount of $60,000. The two alternates not accepted were for rehabilitation of the sections of La Porte Street between Santa Anita Avenue and Second Avenue. The total cost of the remaining alternates was $582,922.40. With the addition of the alley and storm drain work, the La Porte Street work was changed to alternate bids since it was the most peripheral street. The alternate bid prices for La Porte Street were too high to include into the project budget. These alternate projects will be budgeted and addressed in a future, separate capital improvement effort. Gentry Brothers is satisfied with their bid and is ready to move forward with the project. ENVIRONMENTAL IMPACT This project is categorically exempt per Section 15301(c) of the California Environmental Quality Act (“CEQA”), as repair and maintenance of an existing highway or street. First Avenue and Santa Clara Street Rehab January 17, 2023 Page 4 of 4 FISCAL IMPACT The project was budgeted in Fiscal Years 2021-22 and 2022-23 Capital Improvement Programs with a total of $1,200,000 in Proposition C funds. In order to cover the additional cost of the alley improvements plus contingencies, a budget transfer of $300,000 is proposed from the Downtown Alleys Project, for a total budget of $1,500,000. This transfer is advisable in that the Downtown Alley project is funded by Proposition C Reserve funds, which must be used for Gold Line related purposes. The Downtown Alleys Project scope was approved by City Council on October 18, 2022, and consists of improvements of the surrounding alleys around the Arcadia Gold Line Station. The alley in question is within one block of the station and clearly meets the requirements of the funding. The original budget for the Downtown Alleys project was $2,591,250, but changes made to the scope of the project during the design of the Alley Project lowered the estimated cost of the project by more than $300,000. Given the alley’s proximity to the station, relevant scope of work, and available budget, the transfer of funds from the Downtown Alleys Project is permissible and recommended. With the base cost of the project ($1,321,361.10) and the 10% contingency ($132,136), the total potential project cost of $1,453,497.20 is within the budget. All funds programmed for this project are Proposition C funds and no General Fund dollars will be utilized. RECOMMENDATION It is recommended that the City Council find the project categorically exempt pursuant to the requirements of the California Environmental Quality Act (“CEQA”); and authorize and direct the City Manager to execute a contract with Gentry Brothers, Inc. for the Miscellaneous Arterial Rehabilitation of First and Avenue and Santa Clara Street, and St. Joseph Street, in the amount of $1,321,361.10, with a 10% contingency. Attachment: Proposed Contract CONTRACT This CONTRACT, No. ________ is made and entered into this ____ day of January, 2023, by and between City of Arcadia, sometimes hereinafter called “City,” and Gentry Brothers, Inc., sometimes hereinafter called “Contractor.” WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows: a. SCOPE OF WORK. The Contractor shall perform all Work within the time stipulated in the Contract, and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5, below, for the following Project: 2021 MISCELLANEOUS ARTERIAL REHABILITATION FIRST AVENUE & SANTA CLARA STREET The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation. b. TIME FOR COMPLETION. Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 30 calendar days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work. c. CONTRACT PRICE. The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of ONE MILLION TWO HUNDRED SIXTY-ONE THOUSAND THREE HUNDRED SIXTY-ONE Dollars ($1,261,361.00). Payment shall be made as set forth in the General Conditions. d. LIQUIDATED DAMAGES. In accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum set forth in Section 00 73 13, Article 1.11 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Article does not exclude recovery of other damages specified in the Contract Documents. e. COMPONENT PARTS OF THE CONTRACT. The “Contract Documents” include the following: Notice Inviting Bids Instructions to Bidders Bid Form Bid Bond Designation of Subcontractors Information Required of Bidders Non-Collusion Declaration Form Iran Contracting Act Certification Public Works Contractor Registration Certification Performance Bond Payment (Labor and Materials) Bond General Conditions Special Conditions Technical Specifications Addenda Plans and Drawings Standard Specifications for Public Works Construction “Greenbook”, latest edition, Except Sections 1-9 Applicable Local Agency Standards and Specifications, as last revised Approved and fully executed change orders Any other documents contained in or incorporated into the Contract The Contractor shall complete the Work in strict accordance with all of the Contract Documents. All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. This Contract shall supersede any prior agreement of the parties. f. 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 California Public Contract Code which are applicable to this Work. g. INDEMNIFICATION. Contractor shall provide indemnification and defense as set forth in the General Conditions. h. PREVAILING WAGES. Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at the City’s Administrative Office or may be obtained online at http://www.dir.ca.gov and which must be posted at the job site. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written. CITY OF ARCADIA GENTRY BROTHERS, INC. By: _____ By: Dominic Lazzaretto City Manager Its: Printed Name: ATTEST: By: _____________________________ By: Its: _____________________________ City Clerk Printed Name:_______________________ APPROVED AS TO FORM: By: City Attorney (CONTRACTOR’S SIGNATURE MUST BE NOTARIZED AND CORPORATE SEAL AFFIXED, IF APPLICABLE) END OF CONTRACT Notary 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, _______________________________, 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 OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual  Corporate Officer Title(s) Title or Type of Document  Partner(s)  Limited  General Number of Pages  Attorney-In-Fact  Trustee(s)  Guardian/Conservator Date of Document  Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL MEN BY THESE PRESENTS That WHEREAS, the City of Arcadia (hereinafter designated as the “City”), by action taken or a resolution passed January ____, 2023, has awarded to GENTRY BROTHERS, Inc., hereinafter designated as the “Principal,” a contract for the work described as follows: Contract No.____________ (the “Project”); and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth. NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal sum of ______________ Dollars ($___________) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, 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, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, 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 the contractor and his subcontractors pursuant to Revenue and Taxation Code Section 18663, with respect to such work and labor the Surety or Sureties 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 attorneys’ fees, court costs, expert witness fees and investigation expenses. This bond shall inure to the benefit of any of the persons named in Civil Code Section 9100 so 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 City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in 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. By their signatures hereunder, Surety and Principal hereby confirm under penalty of perjury that surety is an admitted surety insurer authorized to do business in the State of California. IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20____. (Corporate Seal) Contractor/ Principal By Title (Corporate Seal) Surety By Attorney-in-Fact (Attach Attorney-in-Fact Certificate) Title Notary 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, _______________________________, 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 OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual  Corporate Officer Title(s) Title or Type of Document  Partner(s)  Limited  General Number of Pages  Attorney-In-Fact  Trustee(s)  Guardian/Conservator Date of Document  Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above NOTE: This acknowledgment is to be completed for Contractor/Principal. Notary 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, _______________________________, 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 OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual  Corporate Officer Title(s) Title or Type of Document  Partner(s)  Limited  General Number of Pages  Attorney-In-Fact  Trustee(s)  Guardian/Conservator Date of Document  Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local representatives of the bonding company must also be attached. END OF PAYMENT BOND PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, the City of Arcadia, (hereinafter referred to as “City”) has awarded to Gentry Brothers, Inc., (hereinafter referred to as the “Contractor”) an agreement for Contract No._________, (hereinafter referred to as the “Project”). WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents. NOW, THEREFORE, we, ______________________, the undersigned Contractor and ________________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of ___________________________ DOLLARS, ($____________), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount 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 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 and 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 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 City, during which time if 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 defective materials or faulty workmanship. The obligations of Surety hereunder shall continue so long as any obligation of 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 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: i. Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or ii. 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 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. iii. 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 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 obligations in the event of default by the Contractor. Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to 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 of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project. By their signatures hereunder, Surety and Contractor hereby confirm under penalty of perjury that surety is an admitted surety insurer authorized to do business in the State of California. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20___. (Corporate Seal) Contractor/ Principal By Title (Corporate Seal) Surety By Attorney-in-Fact (Attach Attorney-in-Fact Certificate) Title The rate of premium on this bond is ____________ per thousand. The total amount of premium charges is $_______________________________. (The above must be filled in by corporate attorney.) THIS IS A REQUIRED FORM Any claims under this bond may be addressed to: (Name and Address of Surety) ___________________________________________ ___________________________________________ ___________________________________________ (Name and Address of Agent or ___________________________________________ Representative for service of ___________________________________________ process in California, if different ___________________________________________ from above) (Telephone number of Surety ___________________________________________ and Agent or Representative for service of process in California) NOTE: A copy of the Power-of-Attorney to local representatives of the bonding company must be attached hereto in addition to appropriate Notarial Acknowledgements of Execution by both Contractor and Surety. Notary 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, _______________________________, 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 OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual  Corporate Officer Title(s) Title or Type of Document  Partner(s)  Limited  General Number of Pages  Attorney-In-Fact  Trustee(s)  Guardian/Conservator Date of Document  Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above NOTE: This acknowledgment is to be completed for Contractor/Principal. Notary 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, _______________________________, 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 OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual  Corporate Officer Title(s) Title or Type of Document  Partner(s)  Limited  General Number of Pages  Attorney-In-Fact  Trustee(s)  Guardian/Conservator Date of Document  Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of Attorney to local representatives of the bonding company must also be attached. END OF PERFORMANCE BOND Insert W9 form on PDF copy.