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
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Daniel P. Aguilar,Vice President
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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: