HomeMy WebLinkAboutItem 10g - Downtown Alley Improvements Project
DATE: August 15, 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 DOWNTOWN
ALLEY IMPROVEMENTS PROJECT AND CITY BROADBAND
INFRASTRUCTURE IN THE AMOUNT OF $1,938,334, PLUS A 10%
CONTINGENCY
CEQA: Exempt
Recommendation: Approve
SUMMARY
In 2019, the City was awarded Metro’s Measure M Multi-Year Subregional Program
(“MSP”) funds through the San Gabriel Valley Council of Governments (“SGVCOG”), for
improvements to the City’s downtown alleys. The main purpose of the funding was to
close the first/last mile gap between the regional transit system and local communities.
The Downtown Alley Improvements Project (“Project”) would complement the previously
approved Gold Line Station Pedestrian Linkage project and the Citywide Bicycle Facility
Improvements project in closing the first/last mile gap in Arcadia.
The Project was advertised for bids on June 1, 2023, and bids were opened June 29,
2023. Four bids were received, and Gentry Brothers, Inc. was the lowest responsible
bidder with a bid in the amount of $1,773,334. Additionally, $165,000 in broadband
infrastructure was added to the project, for a total project cost of $1,938,334.
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 Downtown
Alley Improvements Project in the amount of $1,938,334, with a 10% contingency.
BACKGROUND
Improvements to the Downtown alleys have been under consideration since the inception
of the Gold Line Light Rail Extension project (now referred to as the “A Line”). Since the
opening of the Gold Line, the City has completed several projects to enhance multiple
modes of transportation in the area around the light rail station. These enhancements
Contract for Downtown Alley Improvements Project
August 15, 2023
Page 2 of 4
include pedestrian linkage improvements on First Avenue and Santa Clara Street, bicycle
network improvements centered around the station, and fixed-route transit service with
the station serving as the hub for Arcadia Transit. All these projects are intended to
connect the Arcadia Station with the community through alternative modes of travel. In
2019, Metro made MSP funds available to cities through the SGVCOG under four
categories, one of which was the First/Last Mile and Complete Street Program. For the
first time, alley level projects were eligible for regional transportation funding. The City
was awarded the MSP First/Last Mile and Complete Street Program funding for the
Downtown Alley Improvements Project.
The scope of the Project will provide shared paths for pedestrians, bicyclists, and
automobiles that are in a “complete street” format, and are safe and welcoming for all.
Through this Project, the alleys will become entirely concrete and pedestrian paths will
be denoted with colored and/or decorative concrete. Bike lanes will be demarcated with
painted stencils and other improvements will include storm drain, landscape, and lighting.
The two alleys being improved are listed below (see Attachment No. 2 for an exhibit
showing location):
• East-West Alley North of Huntington Drive between Santa Anita Avenue and First
Avenue
• East-West Alley North of Santa Clara Street between First Avenue and Second
Avenue
On January 16, 2021, the City issued a Request for Proposals (“RFP”) soliciting
professional services for preliminary design concepts, plans, specifications, and cost
estimates (“PS&E”) for the Project. SWA Group (“SWA”) was selected and approved as
the most qualified firm by the City Council on March 16, 2021. SWA provided final plans
in October 2022.
During the preparation for bids, adjacent business owners were notified and new
information was provided that required adjustments to the design. In February 2023,
PSOMAS was selected to assist in the design adjustments under the City’s Design
Engineering Services Professional Services Agreement. Final design plans were
submitted in April 2023.
Contract for Downtown Alley Improvements Project
August 15, 2023
Page 3 of 4
DISCUSSION
The project was advertised for bids in June 2023 and bids were opened on June 29, 2023.
Bids were received from four prospective contractors, with the following base bid results:
NAME AMOUNT
Gentry Brothers Inc. $1,773,334.00
Axiom Group $2,748,872.63
Los Angeles Engineering Inc $2,777,000.00
Hardy & Harper, Inc $3,377,000.00
After reviewing the bid documents, Gentry Brothers, Inc. was determined to be the lowest
responsible bidder. Gentry Brothers did have one minor math error that increased their
bid by $4,800, but their bid was still the lowest. The amount shown in the table above
includes the accurate, final number. Gentry Brothers has previously been awarded City
projects and performed with favorable results.
With the large difference in bid spreads, Gentry Brothers was contacted to ensure that
they understood the specialty work included in the project (e.g., the concrete etching).
Gentry Brothers communicated that they self-perform much of the specialty work that
other contractors hire sub-contractors form which keeps their costs lower. They provided
examples in the Cities of La Verne and Claremont where they performed similar tasks;
they confirmed they are satisfied with their bid price.
As the project bid process progressed, the Development Services Department was also
working on a Downtown Broadband Strategic Plan. The intent of this plan was to assess
and possibly improve broadband infrastructure in the Downtown area. With the concrete
improvements proposed for the Downtown alleys, it would be prudent and cost-effective
to install any broadband infrastructure with the Project to avoid reconstruction costs later.
To consolidate these efforts, an estimated 2,000 linear feet of conduit and 12 pull boxes
were added to the proposed Project. Gentry Brothers analyzed this scope and provided
a quote of $165,000 for the installation of the broadband infrastructure. This quote is in
line with similar costs on other City projects. With the addition of the conduit work, the
total project cost is $1,938,334.
ENVIRONMENTAL ANALYSIS
This project is categorically exempt per Section 15301 and 15302 of the California
Environmental Quality Act (“CEQA”), as repair and maintenance of an existing highway
or street.
Contract for Downtown Alley Improvements Project
August 15, 2023
Page 4 of 4
FISCAL IMPACT
The City was awarded funding from a Metro Multi-Year Subregional Program Grant,
under the First/Last Mile and Complete Street Program Measure M funds, in the amount
of $1,771,250 for design and construction. Of this funding, $240,000 was dedicated and
spent on design. The remaining $1,531,250 in grant funding will be dedicated to project
construction.
To cover the remaining costs in the Fiscal Year 2022-23 Budget, $800,000 of Proposition
C and $200,000 of Measure M funds were earmarked for the project, per the designer’s
conservative estimate of $2,600,000. The bid submitted by Gentry Brothers is well below
the designer’s estimate, and as a result, only some of the budgeted Proposition C monies
will be needed to fund the project. Therefore, there are sufficient funds to cover the entire
project cost of $2,132,167.40 ($1,773,334 bid amount, $165,000 in broadband
infrastructure, plus the 10% contingency of $193,833.40); no General Fund dollars will be
used for the project.
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 Downtown
Alley Improvements Project and City broadband infrastructure in the amount of
$1,938,334, plus a 10% contingency.
Attachment No. 1: Proposed Contract
Attachment No. 2: Map of Alleys
CITY OF ARCADIA
DOWNTOWN ALLEY IMPROVEMENTS PROJECT AND
CITY BROADBAND INFRASTRUCTURE
PROJECT NO. 41854121
BETWEEN
CITY OF ARCADIA
AND
GENTRY BROTHERS, INC.
CONTRACT
Attachment No. 1
CONTRACT - 1
CONTRACT
This CONTRACT, No. ________ is made and entered into this ____ day of _______, 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:
DOWNTOWN ALLEY IMPROVEMENTS PROJECT AND CITY BROADBAND
INFRASTRUCTURE
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.
a. 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 120 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.
b. 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, nine hundred
thirty-eight thousand, and three hundred thirty-four Dollars ($ 1,938,334.00). Payment shall be
made as set forth in the General Conditions.
c. 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.
d. 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
CONTRACT - 2
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.
e. 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.
f. INDEMNIFICATION. Contractor shall provide indemnification and defense as set forth in
the General Conditions.
g. 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]
CONTRACT - 3
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:
City Clerk
APPROVED AS TO FORM:
By:
Michael J. Maurer
City Attorney
(CONTRACTOR’S SIGNATURE MUST BE
NOTARIZED AND CORPORATE
SEAL AFFIXED, IF APPLICABLE)
END OF CONTRACT
CONTRACT - 4
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
CITY OF ARCADIA
DOWNTOWN ALLEY IMPROVEMENTS PROJECT AND
CITY BROADBAND INFRASTRUCTURE
PROJECT NO. 41854121
PART “G”
PERFORMANCE BOND
PERFORMANCE BOND - 1
BOND FORMS
1.1 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, Gentry Brothers Inc., 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.
PERFORMANCE BOND - 2
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]
PERFORMANCE BOND - 3
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of
______________, 2023.
(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.
PERFORMANCE BOND - 4
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.
PERFORMANCE BOND - 5
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
CITY OF ARCADIA
DOWNTOWN ALLEY IMPROVEMENTS PROJECT AND
CITY BROADBAND INFRASTRUCTURE
PROJECT NO. 41854121
PART “H”
PAYMENT BOND
CHANGE ORDER FORM - 2
1.2 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 ___________________ , 20_____, 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
CHANGE ORDER FORM - 3
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
CHANGE ORDER FORM - 4
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.
CHANGE ORDER FORM - 5
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
Se
c
o
n
d
A
v
e
Huntington Dr
Fi
r
s
t
A
v
e
Santa Clara AveSa
n
t
a
A
n
i
t
a
A
v
e
Wheeler Ave
St Joseph St
ALLEY TO BE
RE-CONSTRUCTED BY
PRIVATE DEVELOPMENT
ALLEY TO BE
RE-CONSTRUCTED BY
PRIVATE DEVELOPMENT
ALLEY 2
ALLEY 3A ALLEY 3B
AL
L
E
Y
1
Attachment No. 2