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2019-20 PWLC II, Inc Bond Release Project 2018-30ta Qaigra CALIFORNIA September 2, 2020 PWLC II, Inc. 3584 E. La Campana Way Palm Springs, CA 92262 Re: Landscape Maintenance, Project No. 2018-30 To whom it may concern: Per authorization from the Public Works Department, the City Clerk's office has accepted Performance and Payment Bond No. 1001124633 in the amount of $596,342, and hereby releases Performance and Payment Bond No. 1001124633 in the amount of $687,059.04. If you have any questions, please call me at (760) 777-7092. Sincerely, Nichole Romane Deputy City Clerk c: Dianne Hansen, Management Analyst U. S. Specialty Insurance Company File The term of this bond runs from July 1, 2019 to June 30, 2020 and maybe renewed by a Continuation Certificate. If not renewed it does not subject the surety to a claim on this bond. SECTION 1310 Bond No. 100 112 4633 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, the City of La Quinta (hereinafter referred to as "City") has awarded to PWLC ll, Inc. , (hereinafter referred to as the `Contractor") an agreement for Project no. 2018-30 Landscape Maintenance Services for (hereinafter referred to as the "Contract"). Landscape &Lighting Assessment District 89-1 WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated May 22, 2019 , (hereinafter referred to as "Contract Documents"), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents. NOW, THEREFORE, we, PWLC II, Inc. the undersigned Contractor and U. S. Specialty Insurance Company as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of Six Hundred Eighty-seven Thousand Fifty-iVine and 04110cDOLLARS, ($ 687,059.W- ), 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-year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officers and agents, 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 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, Surety shall undertake and faithfully fulfill all such obligations. 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: (1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or (2) Obtain a proposal or proposals 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 proposer, arrange for a Contract between such proposer, 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. (3) Permit the City to complete the Project in any manner consistent with local, California and federal 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 proposal 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, 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 28th day of May , 2019). (.corporate Seal) (Corporate Seal) PWLC II, Inc Contractor incipal By Paul Rasmussen Title President U.S. Specialty Insurance Company Surety By JA--r James Keeling Attor ey -Fact Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. (Attach Attorney -in -Fact Certificate) Title James Keeling Attny-in-fact The rate of premium on this bond is $15.10 per thousand. The total amount of premium charges, $ 10,371.00 (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) U. S. Specialty Insurance Company 801 So. Figueroa Street, 7th Floor Los Angeles, CA 90017 Keith Clements 800-316-5695 Surety 805-741-7736 Agent NOTE: A copy of the Power -of -Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto. _ POWER OF ATTORNEY _ Ai1rERICAIV'.C6NTRACTORS INDEMNITY ComPANY TEXAS BONDING COMPANY -- UNITED. STATES SURE'CY,CdM['ANY U.S. SPECIALTY INSI]RA.NCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, aTexas corporation (collectively, the "Companies"), do by these presents make, constitute and appoint: Jam 'esi Keeling or Lompoc Ca"(112da = =- its true and lawful Attorney(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and Stem, totrxecutrkcknuwledge and deliver any and all bonds, recognizances. undertakings or other instruments or contracts�t- O_ip���nclude riders, amendments, and consents of surety*°providing the bond penalty does not exceed - = = **.0**Three Million***** Dollars (S **3.000,0004i_t= . _ This Power of Attorney shall expire without further action on November 3, 2019. This Power of Attorney is granted`Under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority tct= point any ans or morn suitable persons cs Auotncyts)-in-Fact to ropresonl and act,Far arid-mbehalf of the Company subject to tha Following provisions:— �IiFG,he�_ rrr. er—�tiav�rgivcn Full power and authority for astd in.the name of and on behalf v t iri9ft £ 0eeute, acknowledge and deliver, auy-and all bonds. CCO nizances contracts, agreements or indemnity and other conditional or obligatory urkloa)ungs, inclntIing any and all consents for the release of retained percentages and/or final estimates on engineering and construction contrasts, and any and all nottccs and documents canceling or terminating The Company's liability thereunder, and any such instruments so executed by any such Attomey-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that thc. signature. of any authorized officer and scal-: f the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of a ttorncy.preer[ifieatt ng fecstntilc sigttaturc nr facsiniike scat shall be and binding upon the Cioni wit Ct t;�_y bond or undertaking to which it is attached. IN WITNESS WHEREOF, The Corrpi—s have caused this instrument to be signed and their corporate seals to lie -ere o affixed, this 1 st day of November, 2016. AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY —Cpt7lale Seals = UNITED STATES SURETY COMPANY U.S. SPECIALTY INSIIR_ ANCECOMPANY 11111111i,! „l11li . „1¢i,lll!!!q„1 1,111111y„ - ... — — — — - s �lpAG%CRC ...... <.. ' r •.; `a° =Y=' ; r s4 ` Daniel P. ,A utlar, Vice President a,�Tt lFOttw �.•+'..• r ,nab �rFfl "T�'�.. �''WM1 •',t da P y1,11 111,i gmµ"` 1n,mi ol:rlrrn uu+ noun/+al' A notary public or other officer completing this certiftcatit-verM- only the identity of the individual who signed the document to which this certificate is attached;e_�Mls.5, accuracy, or validity of that document. State of California County of Los Angeles SS: On this I sL day of November, 2016, before me, Sabina Morgenstein, a notary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the_basis o"- tisfacta y. evidence to be the person whose name is subscribed to the within instrument. and acknowledged to me that he executed the same in t9 u riz csliacrty; and that by his signature on the instrument the person, or the Cru t__DcQ balt'of which the person acted, executed the instrument. I certify.undeFFENALTY OF PER.NRY under the laws of the State of California tharthc far6gaJng pdragrap is frae and correct. WITNESS my hand and official seal. SASINA MORGENSTEIN LF97ornmission # 2129256 Signature (Seal) Notary Public • California _ — Los Angetes County 910yCarrim. Expires Nor 3, 2019 maw I, Kio Lo, Assistant Secretary of American 0ontractors Indemnity Company, Texas Bonding Company, United States Surety Camgany and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect_ W er ; I have hereunto set my hand and affixed the seals of [ Mwes Los Angeles, California this day „�1��� nil„, W111111111M Corporate Seals irri'R" "`s s'R Nr y� •+gip 17y .� , tt�. n4�4 Bond No. Agency No. .1982.1 3� f ':K = h: pc : ci b5 � k• k 3 __ acaaronnreo E?2 =_�` 1 � •S_ -'�� :1p- =Hl SEPT. 39. 1999 ��q�ftIFOR��a� '•,w1� .•,�.- _ �4oyrf OF SE�rd �.,.p`•..*...•."air` Kio Lo, Assistant Secretary The term of this bond runs from July 1, 2019 to June 30, 2020 and maybe renewed by a Continuation Certificate. If not renewed it does not subject the surety to a claim on this bond. SECTION 1320 Bond No. 100 112 4633 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT the City of La Quinta, a municipal corporation, hereinafter designated the City, has on May 22 2019, awarded to PWLC II, Inc. , hereinafter designated as the Principal, a Contract for Project No. 2018-30, Landscape Maintenance Services. WHEREAS, said Principal is required to furnish a bond in connection and with said Contract, providing that if said Principal, or any of it or its subcontractors shall 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 done thereon of any kind, the Surety of this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, we, the Principal, and u. S. Specialty Insurance Compare as Surety, are held and firmly bound unto the City in the just and full amount of twenty-five (25) percent of the contract price six Hundred Eighty-seven Thousand Fifty -wine & 04i100•* DOLLARS ($ 687.459.04-* _,.) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, it or its heirs, executors, administrators, successors, or assigns, shall 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 for amount due under the Unemployment Insurance Act with respect to such work or labor, or for any amounts due, or to be withheld pursuant to Sections 18806 of the Revenue and Taxation Code of the State of California with respect to such work or labor, then said surety will pay the same in or to an amount not exceeding the amount hereinabove set forth, and also will pay in case suit is brought upon this bond, such reasonable attorney's fees to the City as shall be fixed by the court. This bond shall insure to the benefit of any and all persons, companies, and corporations named in Section 3181 of the Civil Code of the State of California so as to give a right of action to them or their assigns in any suit brought upon this bond. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition of the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall, in any way, affect its obligations of this bond, and it does hereby waive notice of any change, extension of time, alteration, or addition to the terms of the contract or to the work or to the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California. Page 11 Payment Bond 1320-1 IN WITNESS WHEREOF, the Principal and Surety have executed this instrument under their Corporate seals this 28th day of May 2019 the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. PWLC II, Inc. Principal � (Seal) Signature 'principal Paul Rasmussen President Title of Signatory U. S. Specialty Insurance Company Surety (Seal) Signature for Surety Ja s Keeling Attn-in-fact Title of Signatory 801 So. Figueroa St. 7th Floor Los Angeles, CA 90017 Address of Surety 800-316-5695 Phone # of Surety Keith Clements Contact Person for Surety Page 12 Payment Bond 1320-2 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 OFa'VeYS�-�'k On S 20j, befo me, Notary Pub ic, personally appeared 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. �unueiw nnn+uenimun)AEL1UssAInS+HER awennuY W ` COMM. #2263965 as Notary Public - California o Riverside County My Comm. Expires NOV, 20. 2022: �IIIIIIIp u4nnNlnlxuH�rmunf illllnaunnmlllFlli�pU111f1111lIIflBllry 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. -)� 4� sWafGr'eofCN-6-tary 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 O cer Title(s) ❑Partner(s) ❑ Limited ❑ General ❑Attorney -In -Fact ❑Trustee(s) ❑Guardian/Conservator ❑Other: Signer is representing: Name Of Person(s) Or Entity(ies) Title or Type of Document 2 Number of Pages of Document Signer(s) Other Than Named Above NOTE:This acknowledgment is to be completed for Contractor/Principal. OF ATTORNEY AMERICANV. CONT-RAIINOIR r..INDEMNITY COMPANY TEXAS BONDING COMPANY UNITEI TATE" fVIMNY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, aMaryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents make, constitute amappori# James Keeling of Lompoc California its true and lawful Attomey(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead., to execute. acknowledge and deliver any and all bonds, recognixances, undertakin or other -instruments: or contractsZ's r ty iip to include riders, amendments, and consents of surety, pro►:14ft the lam penalty does not ex0ed. *****Three Million***** Dollars This Power of Attorney shall expire without further action on November 3, 2019. This Power of Attorney is granlenrider and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved, that the President, any Vicc-President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent arid. actfpr and on behalf of the Company subject to the following prov simu: Al►ern_ AfTA lisrjiyen full power and autlwrity for. and III the name pf and on behalCof the Comp ny�_#o=exccutc, aclmowledgc and deliver, any. and all bonds, rt3eagnt artecs Wnttacts, agreements or indemnity and other conditional or obligatory undetF-kings., including=any and all consents far the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notfecs and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attomey-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. He it Resolsvdc that the signature of any authorized officor_and seal: of Ili Company heretofore or hereafter. affixed to any power of atlomey or any certificate relating thereto by facsimile, and any power 0 r attorney--. rfffcate-Maa tig FacsiiniIc sign atum or facsimile seal shall be valid and binding upon the Compaa itl tes .f apy bond or undcrlaking to which it is attached. 1N WITNESS WHEREOF, The Companies. have caused this instrument to be signed and their corporate seals to Wir Mod affixed, this 1 st day of November, 2016. AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INS'URANCFX- OMPANY c ;it ,uCT+lnrr,,�a CyJ„III+�I,,rIL. '•,•i rD040 . w SE.r _4 a p.. C +. �,tlrtivvrR,kvra 'e'�36 NConroMMD :-. =q; i33 'fi," iw3 'ix= 31a> 3 By.-- =• ��,". SEVT T5. 1999 '•f _- C `- -' - - Y r - Daniel P. Aguilar,Vice President .y q •., Y ,a° sr H . •..............�n "" „III,u1111n�� rerrlri *IIIUv9. A.ttotary public or other officer completing tlLiswRifit a +eri0s only the identity of the individual who signed the document to which this certificate is attacbe dMcr=�r3tt uess, accuracy, or validity of that document. State of California t.:ounty of Los Angeles NN: On this I st day of November, 2016, before me, Sabina Morgenstein, a notary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the -basis oUaii5fact y=-evidence to be the person ►obese name ie suhscn'bed to the within ins .tt umera and ac€mawledged to me that he executed the same in A uVon'� cttpiiq* — d that by his signature on the instrument the person, or the eatityu�otr efiffo—zvi�itF t[ a person acted, exccubcd the instrument, _ I certify under PENALTY OF PERJURY under the laws of the State of California thatEE egving paragraph is true and correct. WITNESS my hand and official seal. SABINA MORGENSTEIN Commission * 2129256 Signature (Seal) : 1 Notary Public - California _= Los Angeles County My Comm. Expires Nov 3. 2019 - == I, Kio Lo, Assistant Secretary of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attomey are in full force and effect. - IEW-W _roes _ have hereunto set my hand and affixed the seals of said Campaz ies t l~vs ingeles, California this Zg day 2,0 lillllr 44ii,1114444111u„,r.'1411I I'Ikilr Corporate Seals ,q 'Kier "�w s suR F isolhr� '„ vur4h 'h�. -•�r4, ,9`tg• ..Fy. �ar�0. � Opy a* o�Y.......... =L: ..off: 3J.P ,�. �h: •_yrz _-`' Kio Lo ,assistant Secretary Bond No. W. yea'r.x.lvm Agency No. �' Y °..„'krxuiiN,�' , � = c.a„;FdKtti,,.•, �Ir*,1, I � _.� — ke eel ing; 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 Santa Barbara On 54 2-81 7-0t9 Date personally appeared before me, F. Stassi , Notary Public James Keeling Here Insert Name and Title of the Officer Nome(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. F. STASSI Co Not �Rb19 �+ California SANTA BARBARA COUNTY My Qwwk" EViN Juno 7, 2021 Place Notary Seal and/or Stamp 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 official seal. Signature Signature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Bid Bond Document Date: Signer(s) Other Than Named Above: No Other S Capacity(ies) Claimed by Signer(s) Signer's Name: James Keeling ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual E Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: U. S. Specialty Insurance Company 02017 National Notary Association Number of Pages: ers Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: