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CC - Item 8E - Purchase Agreement for Wayfinding Signage0 40 TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: JEFF ALLRED, CITY MANAGER DATE: DECEMBER 13, 2011 SUBJECT: PURCHASE AGREEMENT FOR WAYFINDING SIGNAGE SUMMARY As part of the City's Strategic Plan, the City Council and community included several projects to better enhance the City's appeal as "Today's Small Town America." Consistent with this effort and as part of the overall City Beaufication drive, the use of the Rosemead "brand" color theme of maroon, silver and white was to be propagated. This color theme is currently displayed at Rosemead schools, City facilities and in existing monument signs. On June 28, 2011, the City Council approved a wayfinding sign design and authorized the implementation of a "pilot program" to install signs at the Interstate -10 /Rosemead Boulevard offramp. Since installation, staff received positive and complimentary feedback on the signs from the public and nearby businesses. Subsequently, staff has developed a list of other wayfinding sign sites that are strategically located within the City of Rosemead. After researching other wayfinding signage projects, the City learned that the City of Palm Desert had conducted a competitive bid for a similar signage project. Staff obtained information related to the Palm Desert's bid and after review found it reasonably priced. Staff requests that the City Council approve the use of the same bid with Zumar Industries to purchase wayfinding signs. Staff Recommendation Staff recommends that the City Council authorize the City Manager to execute an agreement with Zumar Industries for a not -to- exceed amount of $35,000. The agreement "piggybacks" on the City of Palm Desert's Purchase Order No. 016987, and is for the purchase of 45 wayfinding signs to be installed in key locations within the City of Rosemead. During the preparation of the City's Fiscal Year 2011 -2012 Budget, the City Council approved a project to install new wayfinding signs throughout the City. Such signage is aimed at providing community residents /visitors easier access to a wide -range of local attractions - including corporate facilities, public amenities (parks /facilities), regional shopping malls and university. Wayfinding signage helps provide an organized system of guide signs that assist visitors to easily get to desired destinationfTEM NO. APPROVED FOR CITY COUNCIL AGENDA: City Council Meeting December 13, 2011 Page 2 of 2 On June 28, 2011, the City Council approved a wayfinding sign design and authorized the implementation of a pilot program at the Interstate 10 /Rosemead Boulevard offramp. The selected design integrates the City's existing community color theme of maroon, silver and white. This unified Rosemead "brand" theme is currently displayed at local schools, City facilities and right -of -way monument signs. The implementation of the pilot signage program generated positive feedback from businesses and the public. Subsequently, a list of potential wayfinding sign locations and destinations was developed. A total of up to 45 sign locations have been identified throughout the City. Signs will be located at freeway offramps, City entrance points, major arterials and at certain intersections. While researching other wayfinding signage programs, the City learned that the City of Palm Desert conducted a competitive bid for a similar signage project. Zumar Industries, Inc., was the successful bidder and was awarded the contract. In reviewing the bid specifications, it was determined that the materials and equipment used in the bid were similar to the standards used by Rosemead. Tentatively, and pending the City Council approval, the City was able to negotiate with the Zumar Industries and locked in the same unit price for manufacturing new signs for Rosemead. In accordance with the City's Purchasing Policy, the City Council may use a competitive bid conducted by another public agency to purchase goods and services. Known as "Piggybacking" on another contract, this process allows the City to receive the same competitively bid price without having to spend a significant amount of staff time to formally bid and purchase the same goods or services. FINANCIAL REVIEW Funds are included in the approved 2011 -12 Capital Improvement Program Budget for the project. The total purchase price shall not exceed $35,000. Installation of the signs will be completed by City crews and is not included in the cost. Public Notice This agenda item has been noticed through the regular agenda notification process. Submitted by: Chris Marcarello Public Works Director Attachments 1- Price Quotation 2- City of Palm Desert Competitive Bid Package and Contract Award p V:Lel f , l • 3 11 S. Santa Fe Springs Road fa Fe Springs, CA 90670 phone 213- 798 -7024 Customer: City of Rosemead Attention: Chris Marcarello FOB: Munity to submit the following quotation. DATE December 7, 2011 Quotation # 2 Fax 562- 941 -4643 Purchase Order# Quotation valid until.• January 7, 2012 Prepared by: Erick Gustafson 45 151 -3- 3/4x62 Wayfinding signs I $700.00 I $31,500.00I Reflective Sheet 3M DG3 .125 Aluminum w/1 160A PUBLIC WORKS DEPARTMENT REQUEST: SUBMITTED BY: CONTRACTOR: DATE: CONTENTS: Award Contract No. C28810 to Zumar Industries, Inc., for Wayfinding Sign Project (Project 526 -09) Mark Greenwood, P. E., Director of Public Works Zumar Industries, Inc. 9719 Santa Fe Springs Rd. Santa Fe Springs, CA 90670 May 21, 2009 Contractor's Proposal Agreement Vicinity Map Recommendation: By Minute Motion: 1. Reject bid from Censource, Inc., as non - responsive; 2. Award Contract No. C28810 for Wayfinding Sign Project to Zumar Industries, Inc., of Santa Fe Springs, California, in the amount of $53,834.00. 3. Appropriate $53,834.00 from unobligated funds in the New Construction Tax Fund 231; 4. Appropriate an additional $5,383.40 as a 10 percent contingency; and 5. Authorize the Mayor to execute said Agreement. The project requires appropriation of $53,834.00, plus $5,383.40 as contingency, from unobligated funds in the New Construction Tax Fund 231. Background and Discussion: On May 13, 2008, City Council approved the "Wayfinding Program" and appropriated $100,000.00, with a $10,000.00 contingency, from the FY'07 -'08 General Fund to fabricate the signs. After further evaluation by the Wayfinding Sign committee, a revised sign design was brought before City Council and was approved on November 20, 2008. On May 1, 2009, the City Clerk advertised and called for bids for the Wayfinding Sign Project. Bids were opened and read aloud on Tuesday, May 12, 2009, at 2:00 p.m. with the following results: Staff Report Award C28810 Wayfinding Sign Project 526 -09 Page 2 of 2 May 21, 2009 Zumar Industries, Inc. Santa Fe Springs, CA $ 53,834.00 LNI Custom Mfg., Inc Hawthorne, CA $ 60,959.15 Bravo Sign and Design Anaheim, CA $ 88,285.00 Fluoresco Lighting & Sales Oakland, CA $ 110,247.16 Brandt Group Inc Newport Beach, CA $ 112,000.00 Motivational Systems Inc Riverside, CA $ 136,548.80 Sign Industries Ontario, CA $ 141,148.00 Architectural Design & Signs Corona, CA $ 244,016.00 Censource, Inc. Orange, CA $ 41,136.00 ( non-responsive ) Staff reviewed the bid proposal of the apparent lowest bidder, Censource, Inc., and found that their bid documents did not meet the contract criteria by not acknowledging Addenda Numbers 2 and 3. The next lowest bidder is Zumar Industries, Inc., of Santa Fe Springs, California. Therefore, staff recommends that, by Minute Motion, City Council reject the bid from Censource, Inc., as non - responsive, award Contract No. C28810 for the Wayfinding Sign Project to Zumar Industries, Inc., of Santa Fe Springs, California, in the amount of $53,834.00; approve an additional $5,383.40 as a 10 percent contingency; appropriate $53,834.00, plus $5,383.40 as contingency, from unobligated funds in the New Construction Tax Fund 231; and authorize the Mayor to execute said Agreement. Fiscal Impact: Zumar Industries, Inc., bid of $53,834.00 represents a 46.2% savings ($46,166.00) over the $100,000.00 originally appropriated for the project in May 2008. The project requires appropriation of $53,834.00, plus $5,383.40 as contingency, from unobligated funds in the New Construction Tax Fund 231. Installation of the signs by City crews is estimated at an additional $30,000.00. Transportation Engineer Mark Greenwood, P.E. Director of Public Works )(uvU' Homer Croy ACM for Develo ment Services U m llwov IF "M.—Wo'll! mulh Manager Paul S. Gibson Finance Director I PAGE: 1 ��°13y @ p�0� INgsL1 lS PURCHASE ORDER P.O. NO:016087 73 -510 F / RED WARING DRIVE, PALM DESERT, CALIFORNIA 92260 -2578 DATE: 06 /23/09 TELEPHONE (760) 346 -0611 FAX (760) 341 -4564 TO:ZUMAR INDUSTRIES, INC. P.O. BOX 2883 9719 S. SANTA FE SPRINGS SANTA FE SPRINGS, CA 90670 [ -I41 SHIP TO: City of Palm Desert ATTN: PUBLIC WORKS 73510 FRED WARING DRIVE PALM DESERT, CA 92260 DELIVER BY SHIP VIA F.O.B.: 06/30/10 NET CONFIRM BY CONFIRM TO REQUISITIONED BY - FREIGHT • CONTRACT NO ACCOUNT NO. PROJECT �: R REO. DATE - 23143104334001 18087 05/22/09 1 53834.00 DL * ** WAYFINDING SIGN PROJECT 526 -09 * * *C28810 COUNCIL APRVD 5/21/09 * ** SUB REMARKS: * *NOTE ** Payments will not be proc requesting ae artment until a sin received by the City Clerk. * * * ** * 1.0000 1 53834.00 53834.00 53834.00 ed by thel contract is AUTHORIZED BY INV PAID A MOUNT PAID V� I PURCHASING OFFICER APPROVED FOR PAYMENT SEE REVERSE SIDE - INSTRUCTIONS PAGE: 1 G� d lft�f PURCHASE ORDER P.O. NO: 01600 73 -510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260 -2578 DATE: 06/23/09 TELEPHONE {7601346 -0611 FAX (760) 341 -4564 TO:ZUNAR INDUSTRIES, INC. P.O. BOX 2883 9719 S. SANTA FE SPRINGS SANTA FE SPRINGS, CA 90670 630 SHIP TO: City of Palm Desert ATTN: PUBLIC WORKS 73510 FRED WARING DRIVE PALM DESERT, CA 92260 06/30/10 1 1 1 NET OONFIHNIJBM .. ' ?CONFIRM'3'0 ' -�> .REt1j1/1SITIONEDbV.." :. FREIGHTS 1 53834.00 DL * ** 1.0000 53834.00 WAYFINDING SIGN PROJECT 526 -09 * * *C28810 COUNCIL APRVD 5/21/09 * ** SUB-TOTAL 53834.00 TOTAL 53834.00 REMARKS: * *NOTE ** Payments will not be proc seed by the requestingg aepartment until a sign d contract s received by the City Clerk,***** V* AUTHORIZED BY PURCHASING OFFICER APPROVED FOR PAYMENT SEE REVERSE SIDE - INSTRUCTIONS 73 -53o FRED WARING DRIVE PALM DESERT, CALIFORNIA 9226o -257$ TEL: 760 346 -o6i x FAX: 760 34 -0 574 infu @palm- desem_.rg June 17. 2009 Zumar Industries, Inc. 9719 Santa Fe Springs Road Santa Fe Springs, California 90670 Dear Sir or Madam: Subject: At its adjourned regular meeting of May 21, 2009, the Palm Desert City Council, by Minute Motion: 1) Rejected the bid from Censource, Inc., Orange, California, as non - responsive; 2) awarded the subject contract for the Wayfinding Sign Project to Zumar industries, Inc., Santa Fe Springs, California, . in the amount of $53,834; 3) authorized the Mayor to execute the contract. Enclosed is a copy of the fully executed Agreement for your records. If you have any questions or require additional information, please do not hesitate to contact us. Sincerely, RACHELLE D. KLASSEN, CIVIC CITY CLERK RDK:mgm Enclosure (as noted) cc /enc: Mark Greenwood, P.E., Director of Public Works Finance Department Contract No. C28810 Agreement THIS AGREEMENT is made and entered into this 21 day of May , 2009, by and between City of Palm Desert, California, hereafter called "Owner" and 27umar Industries, Inc.. hereinafter called "CONTRACTOR ". . RECITALS: WITNESSETH CONTRACTOR has submitted to Owner its Contractor's Proposal for the construction of Owner's Project, WAYFINDING SIGN PROJECT, PROJECT NO. 526 -09, CONTRACT NO. C28810, in strict accordance with the Contract Documents identified below, Owner has accepted said Proposal. 2. Contractor states that it has re- examined its Contractor's Proposal and found it to be correct, has ascertained that its Subcontractors are properly licensed and possess the requisite skill and forces, has examined the site and Contract in accordance with the Contract Documents for the money set forth in its Proposal to be paid as provided in the Contract Documents. AGREEMENT: IT IS AGREED BY THE PARTIES AS FOLLOWS: Contract Documents: The entire contract consists of the following: (a) The Agreement; (b) The Notice Inviting Bids; (c) The Instruction to Bidders; (d) The Contractor's Proposal; (e) The Bidder's Bond; (f) The Performance Bond; (g) The Payment Bond; (h) The General Specifications; (i) The Special Provisions; 0) The Standard Specifications as modified in other portions of the Contract Documents; (k) The Plans; (1) Addenda Nos. 1.2 & 3 ; (m) The Determination of Prevailing Wage Rates for Public Work; (n) Any Change Orders issued; (o) Any additional or supplemental specifications, notices, instructions and drawings issued in accordance with the provisions of the Contract Documents. All of said Documents presently in existence are by this reference incorporated herein as if here set forth in full and upon the proper issuance of their documents they shall likewise be deemed incorporated. 2. Contractor shall commence the work within ten (10) calendar days after the date of the Notice to Proceed and will do all things necessary to construct the work generally described in Recital No. 1 in accordance with the Contract Documents and will complete said work within Ninety (90) calendar days from the Notice to Proceed date to the satisfaction of the Engineer. 3. Contractor agrees to indemnify, defend and save Owner and its officers, agents and employees, and the Engineer harmless from: PAGE: 1 Goth ofd pa" RM [Dawn PURCHASE ORDE P.O. NO:016087 73 -510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260 -2578 DATE: 06/23/09 TELEPHONE(760)346 -0611 FAX (760) 341 -4564 TO:ZUMAR INDUSTRIES, INC. P.O. BOX 2883 9719 S. SANTA FE SPRINGS SANTA FE SPRINGS, CA 90670 11 53834.001 DL 1 * ** SHIP TO: City of Palm Desert ATTN: PUBLIC WORKS 73510 FRED WARING DRIVE PALM DESERT, CA 92260 ING SIGN 526 -09 10 COUNCIL APRVD 5/21/09 * ** SUB 1.0000 53834.00 53834.00 53834.00 REMARKS: * *NOTE ** Payments will not be proc ssed by the reguestinqq department until a sign contract s received by the City Clerk. * * * ** * AUTHORIZED BY INVOICE PAID I AMOUNT PAID PURCHASING OFFICER - APPROVED FOR PAYMENT SEE REVERSE SIDE - INSTRUCTIONS PURC : =ORDER PAGE: 1 ofd FUM ©swn p P.O. NO: 01608 73 -510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260.2578 DATE: 06/23/09 TELEPHONE (760) 346.0611 FAX (760) 341 -4564 TO:ZUMAR INDUSTRIES, INC. P.O. BOX 2883 9719 S. SANTA FE SPRINGS SANTA FE SPRINGS, CA 90670 630 SHIPTO: City of Palm Desert ATTN: PUBLIC WORKS 73510 FRED WARING DRIVE PALM DESERT, CA 92260 L0 I I I NET I�nv�sRwraEO ®y 11 53834.001 DL I * ** WAYFZNDING SIGN PROJECT 526 -09 * * *C28810 COUNCIL APRVD 5/21/09 * ** 1.0000 ( 53834.00 53834.00 53834.00 REMARKS: * *NOTE ** Payments will not be requestingg de artment until a received by the City Clerk. * ** AUTHORIZED BY PURCHASING OFFICER APPROVED FOR PAYMENT Bed by the contract SEE REVERSE SIDE - INSTRUCTIONS 73 -5x0 FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260 -2578 TEL: 760 346 -o6> x FAX: 760 340 -0574 inru @palm- desem.,g June 17. 2009 Zumar Industries, Inc. 9719 Santa Fe Springs Road Santa Fe Springs, California 90670 Dear Sir or Madam: Subject: Contract No. C28810 — City of Palm Desert WaVfinding Sign Proiect (Project No. 526 -09) At its adjourned regular meeting of May 21, 2009, the Palm Desert City Council, by Minute Motion: 1) Rejected the bid from Censource, Inc., Orange, California, as non - responsive; 2) awarded the subject contract for the Wayfinding Sign Project to Zumar Industries, Inc., Santa Fe Springs, California, in the amount of $53,834; 3) authorized the Mayor to execute the contract. Enclosed is a copy of the fully executed Agreement for your records. If you have any questions or require additional information, please do not hesitate to contact us. Sincerely, RACHELLE D. KLASSEN, CIVIC CITY CLERK RDK:mgm Enclosure (as noted) cclenc: Mark Greenwood, P.E., Director of Public Works Finance Department Contract No. C28810 Agreement THIS AGREEMENT is made and entered into this 21" day of May , 2009, by and between City of Palm Desert, California, hereafter called "Owner" and Zumar Industries, Inc., hereinafter called "CONTRACTOR ". RECITALS: WITNESSETH CONTRACTOR has submitted to Owner its Contractor's Proposal for the construction of Owner's Project, WAYFINDING SIGN PROJECT, PROJECT NO. 526 -09, CONTRACT NO. C28810, in strict accordance with the Contract Documents identified below, Owner has accepted said Proposal. 2. Contractor states that it has re- examined its Contractor's Proposal and found it to be correct, has ascertained that its Subcontractors are property licensed and possess the requisite skill and forces, has examined the site and Contract in accordance with the Contract Documents for the money set forth in its Proposal to be paid as provided in the Contract Documents. AGREEMENT: IT IS AGREED BY THE PARTIES AS FOLLOWS: Contract Documents: The entire contract consists of the following: (a) The Agreement; (b) The Notice Inviting Bids; (c) The Instruction to Bidders; (d) The Contractor's Proposal; (e) The Bidder's Bond; (f) The Performance Bond; (g) The Payment Bond; (h) The General Specifications; (i) The Special Provisions; 6) The Standard Specifications as modified in other portions of the Contract Documents; (k) The Plans; (1) Addenda Nos. 1, 2 & 3 ; (m) The Determination of Prevailing Wage Rates for Public Work; (n) Any Change Orders issued; (o) Any additional or supplemental specifications, notices, instructions and drawings issued in accordance with the provisions of the Contract Documents. All of said Documents presently in existence are by this reference incorporated herein as if here set forth in full and upon the proper issuance of their documents they shall likewise be deemed incorporated. 2. Contractor shall commence the work within ten (10) calendar days after the date of the Notice to Proceed and will do all things necessary to construct the work generally described in Recital No. 1 in accordance with the Contract Documents and will complete said work within Ninety (90) calendar days from the Notice to Proceed date to the satisfaction of the Engineer. 3. Contractor agrees to indemnify, defend and save Owner and its officers, agents and employees, and the Engineer harmless from: Contract No. C28810 a. Any and all liability, claims, damages, losses or injuries to any person or other entity, including injury to Contractor's employees, and all claims which arise from or are connected with the negligent performance of or failure to perform the work or other obligations of this Agreement, or which are caused or which are claimed to be caused by the negligent or intentional acts or omissions of Contractor, its sub - contractor s, its agents or employees, and, all expenses of investigating and defending against same, a. Any and all liability, claims, damages, losses or injuries to any and all Contractors, sub - contractors, material -men, laborers, or any other person, firm or corporation furnishing or supplying work, services, materials or supplies in connection with the performance of the Agreement. Attention is directed to the General Specifications - Claims, Liability, and Indemnity Agreement/Hold Harmless sections, which specifications are made part of this Agreement as set forth in Agreement paragraph 1, above. Attention is directed to Section 6 -9, "Liquidated Damages" of the Standard Specifications and is hereby amended to substitute the "City of Palm Desert" in place of "Agency." Liquidated damages shall be $500.00 (FIVE HUNDRED AND NO /00 dollars) per calendar day of delay. 4. Should any litigation or arbitration be commenced between the parties concerning the works of improvements as referenced herein, the prevailing party in any such litigation, being the Owner or the Contractor, should be entitled to a reasonable sum for attorney's fees incurred in any such litigation relating to this Contract. 5. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. Contractor shall be paid in the manner set forth in the Contract Documents the amount of its Proposal as accepted by Owner, subject to such additions and deductions as may be made pursuant to the Contact Documents and applicable law. Satisfactory Performance The prime Contractor agrees to pay each Subcontractor under this prime contract for satisfactory performance of its contract no later than ten (10) days from the receipt of each payment the prime Contractor receives from City of Palm Desert. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the City of Palm Desert. Contract No. C28810 Release of Retention The prime Contractor agrees further to release retention payments to each Sub- contractor within thirty (30) days after the Sub - contractor's work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the City of Palm Desert. 7. Execution of the Agreement by the parties constitutes their agreement to abide by all applicable provisions of the California Labor Code; constitutes Contractor's certification that he is aware of the provisions of said Code and will comply with them; and further constitutes Contractor's certification as follows: "I am aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for worker's compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract." IN WITNESS WHEREOF the parties hereto have executed or caused to be executed by their duly authorized officials, this Agreement which shall be deemed an original on the date first above written. CONTRACTOR: BY: C _ J ATTEST BY Signature to be notarized TITLE: TITLE: I - I I 'A <, , OWNER: BY: ATTEST BY: Signature to be notarized S .. J 11JI MARK GREENWOOD, P1 DIRECTOR OF PUBLIC W TITLE: City Clerk of Palm Desert, CA APPRO) D A. TO FORM: DAV WIN CITY ATTORNEY CALIFORNIA ALL-PURPOSE ACKNOWLE oii � nc..aL •�Lr� 9a v.L' -' c aL cs, State of California l Countyof L 02) AFIC1f:IfS J On JLttiP IL', 71 `t before me, J1lf i e< { ast -t ttS i "_'•Tf'tFL( ?,-kb1l(_ Date Hera Ireert Name and ulle of the Oliver ' personally appeared Name(s) of Signers) who proved to me on the basis of satisfactory evidence to be the person) whose nameg is/are-subscribed to the within instrument and acknowledged to me that helishaAhey executed the same in his/HeWtheiwauthorized capacity(itirl), and that by histherkheir signature(K on the instrument the person(; or the entity upon behalf of which the personD4 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. Place Notary Seal Above Signature :5hwL. Signalum 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. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Number of Pages: Capacity(fes) Claimed by Signer(s) Signer's Name: P( er ?�' L- Cd11at✓ ❑ Individual g Corporate Officer—Title(s): ❑ Partner —0 Limited ❑ General ❑ Attorney in Fact ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer is Representing: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact • Trustee • Guardian or Conservator ❑ Other: Signer Is Representing: AIGHTTHOMBPRINT. OF SIGNER 1:. B2r1g]Nalbnal NOlary ASWClatbn•9350 De SOto AVe, PO BOx 2402•ChaLrviorIM1.CA 91313- 2 <82•,vvnv.NetWnNNOtaryorg hem 5540] fleortleo Call TUY- Free1- BOUB]6 -682] -CER 4b M4 IF 1D FRAM( SWATRA A 0L IH L MR !-4-4 N 4 . ---------- 1 f-i r A -'t= =T]t F, 11AGNUIA 413 LL RED- ...... ;bR- - /A T! P DATE: AUGUST 1018 WAYFINDING SIGN LOCATIONS SCALE: NONE SHEET NO. 1 MSD - DEPARTMENT OF PUBLIC WORKS CITY OF PALM DESERT CITY ENGINEER LJ 4 U-j Z in i i I j ran 4 1 i m 3AV 018Vd NV M 3AV A3011 7IN33 NMC F4r rol U-j Z in 00 C> C-4 co C3 U) C.D Of i i I j F4r cn m LL- > 00 C> C-4 co C3 U) C.D Of Bond No. 2089879 Performance Bond KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Desert has awarded to Zumar Industries Inc. hereinafter designated as the 'Principal ", a contract for: WAYFINDING SIGN PROJECT PROJECT NO. 526 -09 CONTRACT NO. C28810 WHEREAS, said Principal is required under the terms of said contract to furnish a good and sufficient bond for the performance of said contract: NOW THEREFORE, WE, Zumar Industries. Inc.. the Principal, and North American Specialty Insurance company as Surety, are held and firmly bound unto the City of Palm Desert hereinafter called the Owner, in the penal sum of Fifty -three Thousand Eight Hundred Thirty -four and 00/100 Dollars ($ 53,834.00 ), being 100% of the contract amount in lawful money of the United States of America for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounded Principal, his executors, heirs, administrators, and successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants and agreements in the said contract and any alterations thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the Owner, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and virtue. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to terms of the contract or to the work to be performed there under or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the contract or to the work or the specifications. Should it become necessary for the Owner to institute a lawsuit or any other legal proceeding to enforce the terms and conditions of this bond, then all costs of said proceeding, including attorneys' fees, shall be awarded to the prevailing party. Page 1 IN WITNESS WHEREOF, identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on this 5th day of June , 20 o9 N orth American Specialty Insurance Compa SURETY BY: l(lClti !/ illj.an Tae. Attorney in Fact CA License.,{] oi55652 INSURANCE COMPANY andlor AGENT Parker, Smith, & Peek, Inc. Zumar Industries. Inc PRINCIPAL �. BY: ADDRESS 2233 112th Ave. NE 98004 TELEPHONE NUMBER (425) 709 -3600 Page 2 Payment Bond KNOW ALL MEN BY THESE PRESENTS: Bond No, 2089879 THAT WHEREAS, the City of Palm Desert (sometimes referred to hereinafter as, "Obligee ") has awarded to Zumar Industries Inc. (hereinafter designated as the "CONTRACTOR "), an agreement dated May 21, 2009, described as follows: WAYFINDING SIGN PROJECT, PROJECT NO. 526 -09, CONTRACT NO. C28810, (hereinafter referred to as the "Contract"); and WHEREAS, said Contractor is required to furnish a bond in connection with said Contract, and pursuant to Section 3247 of the California Civil Code; NOW, THEREFORE, we, Zumar Industries Inc. the undersigned Contractor, as Principal, and North American Specialty+ a corporation organized and existing under the laws of the State of New Hampshire , and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Palm Desert and to any and all persons, companies or corporations entitled to file stop notices under Section 3181 of the California Civil Code, in the sum of Fifty -three Thousand Eight Hundred Thirty -four and 001100 Dollars ($ 53.834.00 ), said sum being not less than one hundred percent (100 %) of the total amount payable by the said Obligee under the terms of the said Contract, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. *insurance company THE CONDITION OF THIS OBLIGATION IS SUCH, that, if said Contractor, his or its heirs, executors, administrators, successors or assigns, or Sub - contractor s, shall fail to pay for any materials, provisions or other supplies, implements, machinery or power used in, upon, for or about the performance of the Public Work contracted to be done, or to pay any person for any work or labor of any kind, or for bestowing skills or other necessary services thereon, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Contractor and his or its Sub - Contractor s pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor as required by the provisions of Section 3247 through 3252 of the Civil Code, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board or Internal Revenue Service from the wages of employees of the Contractor or his or its Sub - Contractor s, the Surety or Sureties hereon will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In addition to the provisions herein above, it is agreed that this bond will inure to the benefit of any and all persons, companies and corporations entitled to serve stop notices under Section 3181 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the said Contract or to the work to be performed thereunder or the Specifications accompanying the same shalt 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 or to the Specifications. No final settlement between the Obligee and the Contractor hereunder shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. Contractor and Surety agree that if the Obligee is required to engage the services of an attorney in connection with the enforcement of the bond, each shall pay Obligee's reasonable attorney's fees incurred, with or without suit, in addition to the above sum. IN WITNESS WHEREOF, we have hereunto set our hands and seals this 5th day of June — , 20 09 PRINCIPAL/CONTRACTOR: SURETY: Lumar Inciustnes, Inc.. North American Specialty Insurance Compa (Typed Name of�onti=ac #or),? (Typed Name of Surety) (Signature) (Sign 'ure of Attorney -in -Fact) ' " g j rZIJ l} [fir CA (Typed Name and Title) (Typed Name of Attorney -in -Fact) The rate of premium on this bond is $ _ 9- 4 o per thousand. The total amount of premium charged: $ Bo6. oo (the above must be filled in by corporate surety). IMPORTANT: Surety companies executing bonds must possess a certificate of authority from the California Insurance Commissioner authorizing them to write surety insurance defined in Section 105 of the California Insurance Code, and if the work or project is financed, in whole or in part, with federal, grant or loan funds, it must also appear on the Treasury Department's most current list (Circular 570 as amended). THIS IS A REQUIRED FORM. Any claims under this bond may be addressed to: N orth American Specialty Insurance Company, 960 Broadway Avenue, Suite 420, Boise, I❑ 837 (Name, Address and Telephone No. of Surety) Parker, Smith, & Feek, Inc, 2233 112th Ave. NE, B W A 980 CA License $015565 (Name, Address and Telephone No. of agent or representative for service of process in California if different from above) Page 2 NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS. THAI' North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester. New Hampshire. and Washington International Insurance Company. a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Itasca. Illinois. each does hereby make, constitute and appoint: CARL NF MIAN, PETER H. HAMME•TT, STUART A- OTARRELL, KAREN P. DEVER, SUSAN B. LARSON, LILLIAN TSE, SC FISHER, JILL A. BOY and DEANNA M. MEYER JOINTLY OR SEVERALLY Its true and lawful Attorney(s) -in -Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation. contract or otherwise. provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: TWENTY -FIVE MILLION ($25,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 24" of March, 2000: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Compare' bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company: and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile. and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seat shall be binding upon the Company when so affixed and in the future with regard to any bond. undertaking or contract of surety to which it is attached.' dtpinaa ` 4 0 \ OtRl17Vr rirG� gYY..OQ,Peq�sl.V,`,yL �_ _.. ,�Qwmswv <. d 4.1 (`:t' i SEAL n- By (% t Steven P. Anderson. President & Chief Eoe.dre Omrm nrwasM1in(Inn lnterd alma) Insurance CUmpuor 4 U 2' S�L ";�Ya 5u jz /9r3 �` & Senior Vice President or North American Speel<Ity Insurance Comp.nv _0! mE . yam- ..axes. tic -M 9nnlatno\a By lon.aa N. L.ym.n, s<ncn <vI <e Pre,ia<oi nnva,hinam„ Im<rnnrnnal m,nranac„mp <ny & ve< Pre,feem nrNnrm Amed.x. sp«im,.' m,arngre eompanr IN WITNESS WHEREOF. North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 30th day of September - 2008 North American Specialty Insurance Company Washington International Insurance Company. State of Illinois County of Du Page ss: On this 30th day of September . 20 08 , before me, a Notary Public personally appeared Steven P. Anderson . President and CEO of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman, Senior Vice President of Washington International Insurance Company and Vice President of North American Specially Insurance Company . personally known to me. who being by me fluty sworn. acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the vohmtar' act and deed of their respective comomries. E FICI.0 SEAc NNA D. SKIENS ary Public, State arilnaois CamadWon Estates !(49h/�01 f ! / - 't ; , r ?' /JmlriO �:,i Donna D. Sklens. Notary Public I. James A. Carpenter . the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company. do hereby certity h e and foregoing is a true and correct copy of a Power of Attorney _given by said North American Specialty Insurance Company and Washington International Insurance Company. which is still in full force and effect. T IN WITNESS WHEREOF. I have set my hand and affixed the seals of the Companies this , day of 1(';;, ^i_ . 20 1,'_1 . Jwne,A Cav enter - \'Ice Va,dem &ASSisalll Secrmryor\ VashlnSwnlnmmalia ,al Insmmncc Cnrs,..y Nrvss American Sped.]., Insurance Cm,pany ACKNOWLEDGMENT State of Washington) County of King) On this 5th day of June, NO% before me, fill A. Boyle notary public in and for the State of Washington, with principal office in the County of King, residing therein, duly commissioned and sworn, personally appeared Lillian Tse known to me to be the person whose name is subscribed to the within instrument as the attomey -in -fact of North American Specialty Insurance Company as surety in said instrument, and acknowledged to me that he /she subscribed the name of said corporation thereto as surety, and his/ her own name as attorney -in -fact. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in the aforesaid County, the day and year in this certificate first above w;o, ICY „0vwrtr NOTARY PUBLIC € ®r. p �4 Commission Expires: OY� P �.. Company Profile Company Profile Company Search Company Search Results Company Information Old Company Names Agent for Service Reference Information NAIC Group List Lines of Business Financial Statements PDF's Annual Statements Quarterly Statements CA Supplements Company Complaint Company Performance & Comparison Data Company Enforcement Action Composite Complaints Studies Additional Info Find A Company Representative In Your Area View Financial Disclaimer COMPANY PROFILE Company Information NORTH. AMERICAN SPECIALTY INSURANCE COMPANY 650 ELM STREET, 6TH FLOOR MANCHESTER, NH 03101 -2524 Old Company Names Effective Date back to top Agent For Service JERE KEPRIOS C/O CT CORPORATION SYSTEM 818 WEST SEVENTH ST LOS ANGELES CA 90017 back to top Reference Information NAIC R: 29874 California Company ID #: 3208 -6 Date Authorized in California: 06/30(1989 License Status: Company Type: Property & Casualty State of Domicile: NEW HAMPSHIRE back to top NAIC Group List NAIC Group: 0181 SWISS RE GRP back to top Lines Of Business The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary_ AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY DISABILITY FIRE LIABILITY MARINE Page 1 of Client#: Tad34 -UMAiNDU ACORD CERTIFICATE OF LIABILITY INSURANCE osi101 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Parker Smith & Feek, Inc. Bellevue 425 -709 -3600 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 2233 112th Avenue NE A X GENERAL LABILITY 4013102878 11/15/06 11115/09 EACH OCCURRENCE Bellevue, WA 98004 INSURERS AFFORDING COVERAGE NAIC 0 INSURED INSURERA National Fire Ins. Hartford NED EMIR (My one person) Zumar Industries Inc. INSURER e: Transportation Ins. Co. PERSONAL S ADV INJURY 12015 Steele St. South INSURERG Valley Forge Insurance Company GENERAL AGGREGATE PO BOX 44549 Tacoma, WA 98444 -0549 INSURER D: PRODUCTS- COMPIOPAGG INSURER E: CY JEC • LOC COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR I= TYPEOFINSURANCE POLN:YNUMBER Pp ICYM FECTIVE POL IOX TE UNITS A X GENERAL LABILITY 4013102878 11/15/06 11115/09 EACH OCCURRENCE $1. 000.000 X COMMEROALGENERALLAOILRY DAMAGE TO RENTED $300 ,000 CLAIMS MADE 1 OCCUR NED EMIR (My one person) $15,000 PERSONAL S ADV INJURY $1000000 GENERAL AGGREGATE GEN'L LIMIT APPLIES PER: PRODUCTS- COMPIOPAGG CY JEC • LOC A X AUTOMOBILE LIABILITY 4013102895 11/15108 11115109 COMBINED SINGLE LIMB (Eaaaidenl) X ANYAUTO BODILY INJURY ALL OWNED AUTOS SCHEDULEDAUTOS (POT parson) BODILY INJURY $ HIRED AUTOS NOWOWNEDAUTOS (Per.mft.t) PROPERTY DAMAGE $ (Peracddent) GARAGE LIABILITY AUTO ONLY- EAACCIOENT $ OTHER THAN EA ACC $ ANYAUTO $ AUTO ONLY: AGG S X ExcESSmaBRELU LAeILITr 4013102900 11/15/08 11115/09 EACH OCCURRENCE $4000009 AGGREGATE $4 000.000 X1 OCCUR FI CLAIMS MADE S $ DEDUCTIBLE S X RETEMION s C WORKERS COMPENSATON AND 4013799761 11115/08 11/15/09 X WOGTATU- I IOTH- E.L. EAOHACCOENT $1,000,000 EMPLOYERV LIABILITY ANY PROPRIETORIPARTI EDU ECUTIVE OFFICERJMEMBER EXCLUDED? E.L. DISEASE -EA EMPLOYEE $1000,000 If yes, describe under SPECIAL PROVISIONS Maw E.L. DISEASE- POLICYLIMIT $1,000,000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES/ EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVSIONS c The City, its officers, agents and employees are Included as Additional - Insureds per Endorsement G- 144041 -C99 12 06 attached. .v CITY OF PALM DESERT City Clerk 73.510 Fred Waring Drive Palm Desert, CA 92260 Arnon OR ITnmrnR1 . _S o ueAa-T�ae LD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL DAYS WRITTEN E TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 SOSHALL M NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, RS AGENTS OR cvcnn ® ACORD CORPORATION 1 9B G- 144041 -C99 CNA (Ed. 12106) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MANUFACTURERS GENERAL LIABILITY EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Coverage afforded under this extension of coverage endorsement does not apply to any person or organization covered as an additional insured on any other endorsement now or hereafter attached to this Coverage Part. 1. PROPERTY DAMAGE — PATTERNS, MOLDS AND DIES Paragraphs (3) and (4) of Exclusion I. Damage to Property of SECTION I — EXCLUSIONS do not apply to patterns, molds or dies in the care, custody or control of the insured if the patterns, molds or dies are not being used to perform operations at the time of loss. A limit of insurance of $25,000 per policy period applies to PROPERTY DAMAGE — PATTERNS, MOLDS AND DIES and is included within the General Aggregate Limit as described in SECTION III — LIMITS OF INSURANCE. The insurance afforded by this provision 1. is excess over any valid and collectible property insurance (including any deductible) available to the insured, and the Other Insurance Condition is changed accordingly. 2. ADDITIONAL INSURED —BLANKET VENDORS WHO IS AN INSURED (Section 11) is amended to include as an additional insured any person or organization (referred to below as vendor) with whom you agreed, because of a written contract or agreement to provide insurance, but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business, subject to the following additional exdusions: 1. The insurance afforded the vendor does not apply to: a. 'Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement.. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; b. Any express warranty unauthorized by you; c. Any physical or chemical change in the product made intentionally by the vendor, d. Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; e. Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; f. Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; g. Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or h. "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omission or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (1) The exceptions contained in Subparagraphs d. or f.; or (2) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. 2. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. 3. This provision 2. does not apply to any vendor included as an insured by an endorsement issued by us and made a part of this Coverage Part. G- 144041 -C99 (Ed. 12/06) Page 1 of 7 G- 144041 -C99 CNA (Ed. 12/06) This insurance does not apply to h. Lessor of Equipment structural alterations, new construction Any person or organization from whom and demolition operations performed by you lease equipment. Such person or or for such additional insured. organization are insureds only with d. Managers or Lessors of Premises respect to their liability arising out of the maintenance, operation or use by you A manager or lessor of remises but mana 9 p of equipment leased to you by such only with respect to liability arising out person or organization. A person's or of the ownership, maintenance or use organization's status as an insured of that specific part of the premises under this endorsement ends when leased to you and subject to the their written contract or agreement with following additional exclusions: you for such leased equipment ends. This insurance does not apply to: With respect to the insurance afforded (1) Any "occurrence" which takes place these additional insureds, the following after you cease to be a tenant in additional exclusions apply: that premises; or This insurance does not apply: (2) Structural alterations, new (1) To any "occurrence" which takes construction or demolition place after the equipment lease operations performed by or on expires; or behalf of such additional insured. (2) To m� e, Mortgagee, Assignee or Receiver damageodilyor personal and A mortgagee, assignee or receiver but advertising injury" arising out of the only with respect to their liability as sole negligence of such additional mortgagee, assignee, or receiver and insured. arising out of the ownership, Any insurance provided to an additional insured maintenance, or use of a premises by designated under paragraphs b. through h. you. above does not apply to "bodily injury' or This insurance does not apply to property damage" included within the structural alterations, new construction "products- completed operations hazard." or demolition operations performed by As respects the coverage provided under this or for such additional insured. endorsement, Paragraph 4.b. SECTION IV — f. Owners /Other Interests — Land is COMMERCIAL GENERAL LIABILITY Leased CONDITIONS is deleted and replaced with the following: An owner or other interest from whom land has been leased by you but only 4. Otherinsurance with respect to liability arising out of the b. Excess Insurance ownership, maintenance or use of that specific part of the land leased to you This insurance is excess over: and subject to the following additional Any other insurance naming the exclusions: additional insured as an insured This insurance does not apply to: whether primary, excess, contingent or (t) Any "occurrence* which takes place on any other basis unless a written contract or agreement specifically after Y u cease to lease that land; requires that this insurance be either or primary or primary and noncontributing. (2) Structural alterations, new Where required by written contract or construction or demolition agreement, we will consider any other operations performed by or on insurance maintained by the additional behalf of such additional insured. insured for injury or damage covered by this endorsement to be excess and g. Co -owner of Insured Premises noncontributing with this insurance. A co-owner of a premises co -owned by you and covered under this insurance but only with respect to the co-owners liability as co-owner of such premises. G- 144041 -C99 Page 3 of 7 (Ed. 12106) 73 -5 LO FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260 -2578 TEL: 760 346 —o6si FAX: 760 34 info (Opalm- deserr.org May 28, 2009 Zumar Industries, Inc. 9719 Santa Fe Springs Road Santa Fe Springs, California 90670 Dear Sir or Madam: Subject: At its adjourned regular meeting of May 21, 2009, the Palm Desert City Council, by Minute Motion: 1) Rejected the bid from Censource, Inc., Orange, California, as non - responsive; 2) awarded the subject contract for the Wayfinding Sign Project to Zumar Industries, Inc., Santa Fe Springs, California, in the amount of $53,834; 3) authorized the Mayor to execute the contract. Enclosed are three original Agreements. Please sign where indicated, have notarized (California All- Purpose Acknowledgment) and return them to us at your earliest convenience. We will then forward to you a fully executed Agreement for your records. Be advised that additional information is required from the bonding company. Pursuant to Section 995.660 of the Code of Civil Procedure, we request the following additional information: 1. The original, or a certified copy, of the unrevoked appointment, power of attorney, bylaws, or other instrument entitling or authorizing the person who executed the bond to do so, within ten (10) calendar days of the insurer's receipt of a request to submit the instrument. 2. A certificate from the clerk of the county in which the court or officer is located that the certificate of authority of the insurer has not been surrendered, revoked, canceled, annulled, or suspended; or, in the event that it has, that renewed authority has been granted, within ten (10) calendar days of the insurer's receipt of a request to submit the instrument. Zumar Industries, Inc. Page 2 of 2 May 28, 2009 Additionally, we call your attention to the insurance requirements that were contained within the specification package for this project. We ask that all required information be returned with the signed Agreements, including the appropriate Certificate of Insurance and Additional Insured Endorsement, to expedite processing of the document and commencement of the project. If you have any questions or require any additional information, please do not hesitate to contact us. Sincerely, RACHELLE D. KLASSEN, CIVIC CITY CLERK RDK:mgm Enclosures (as noted) cc: Mark Greenwood, P.E., Director of Public Works !iy 0 f P 9 HP 0 ESPR 73 -5 ro FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260-2578 TEL: 760 346 -o6xi FAX: 760 34 inruCry pal m- deser,.nrg May 28, 2009 Zumar Industries, Inc. 9719 Santa Fe Springs Road Santa Fe Springs, California 90670 Dear Sir or Madam: Subject: Contract No. C28810 — City of Palm Desert Wayfinding Sign Project (Project No. 526 -09) At its adjourned regular meeting of May 21, 2009, the Palm Desert City Council, by Minute Motion: 1) Rejected the bid from Censource, Inc., Orange, California, as non- responsive; 2) awarded the subject contract for the Wayfinding Sign Project to Zumar Industries, Inc., Santa Fe Springs, California, in the amount of $53,834; 3) authorized the Mayor to execute the contract. Enclosed are three original Agreements. Please sign where indicated, have notarized (California All- Purpose Acknowledgment) and return them to us at your earliest convenience. We will then forward to you a fully executed Agreement for your records. Be advised that additional information is required from the bonding company. Pursuant to Section 995.660 of the Code of Civil Procedure, we request the following additional information: 1. The original, or a certified copy, of the unrevoked appointment, power of attorney, bylaws, or other instrument entitling or authorizing the person who executed the bond to do so, within ten (10) calendar days of the insurer's receipt of a request to submit the instrument. 2. A certificate from the clerk of the county in which the court or officer is located that the certificate of authority of the insurer has not been surrendered, revoked, canceled, annulled, or suspended; or, in the event that it has, that renewed authority has been granted, within ten (10) calendar days of the insurer's receipt of a request to submit the instrument. Zumar Industries, Inc. Page 2 of 2 May 28, 2009 Additionally, we call your attention to the insurance requirements that were contained within the specification package for this project. We ask that all required information be returned with the signed Agreements, including the appropriate Certificate of Insurance and Additional Insured Endorsement, to expedite processing of the document and commencement of the project. If you have any questions or require any additional information, please do not hesitate to contact us. Sincerely, RACHELLE D. KLASSEN, CIVIC CITY CLERK RDK:mgm Enclosures (as noted) cc: Mark Greenwood, P.E., Director of Public Works C11y U1 PfltIR NISIR1 J1 L : 4 , To: Richard Gomez, Zumar Industries, Inc. From: Lillian Tse CC: Date: June 5, 2009 Re: Performance & Payment Bond #2089679 Please find enclosed three original performance & payment bonds to City of Palm Desert for the Wayfinding Sign Project. The copy is for your records- 1 am also returning to you the agreements that were sent to me. If you have any questions, please feel free to give me a call. PARKER `s SP41TH ! FEEK L?7irn 2se 223± ? 12tl Ai. me NE ceV.evue, 'df.4 98004 .USA (425)709- 1646v (:t,: ;Tv'v 1 - 467r end. n a Bond No. 2089879 Performance Bond KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Desert has awarded to Zumar Industries Inc hereinafter designated as the "Principal ", a contract for: WAYFINDING SIGN PROJECT PROJECT NO. 526 -09 CONTRACT NO. C28810 WHEREAS, said Principal is required under the terms of said contract to furnish a good and sufficient bond for the performance of said contract: NOW THEREFORE, WE, Zumar Industries Inc. the Principal, and North American specialty Insurance Company as Surety, are held and firmly bound unto the City of Palm Desert hereinafter called the Owner, in the penal sum Of Fifty -three Thousand Eight Hundred ThirtV -four and 001100 Dollars ($ 53,834.00 ), being 100% of the contract amount in lawful money of the United States of America for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounded Principal, his executors, heirs, administrators, and successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants and agreements in the said contract and any alterations thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the Owner, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and virtue. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to terms of the contract or to the work to be performed there under or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the contract or to the work or the specifications. Should it become necessary for the Owner to institute a lawsuit or any other legal proceeding to enforce the terms and conditions of this bond, then all costs of said proceeding, including attorneys' fees, shall be awarded to the prevailing party. Page 1 IN WITNESS WHEREOF, identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on this stn day of June , 20 09 N orth American Specialty Insurance Compan SURETY Zumar Industries, Inc. PRINCIPAL BY: Lillian Tse Attorney in Fact CA License 40155652 INSURANCE COMPANY and /or AGENT ADDRESS 2233 112th Ave. NE Bellevue, WA 98004 TELEPHONE NUMBER (425) 709 -3600 M Smith, & Peek, Inc. Page 2 Payment Bond KNOW ALL MEN BY THESE PRESENTS: Bond No. 2089879 THAT WHEREAS, the City of Palm Desert (sometimes referred to hereinafter as "Obligee ") has awarded to Zumar Industries, Inc. (hereinafter designated as the "CONTRACTOR "), an agreement dated May 21 2009, described as follows: WAYFINDING SIGN PROJECT, PROJECT NO. 526 -09, CONTRACT NO. C28810, (hereinafter referred to as the "Contract'); and WHEREAS, said Contractor is required to furnish a bond in connection with said Contract, and pursuant to Section 3247 of the California Civil Cade; NOW, THEREFORE, we, Zumar Industries, Inc. the undersigned Contractor, as Principal, and North American Specialty* a corporation organized and existing under the laws of the State of New Hampshire , and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Palm Desert and to any and all persons, companies or corporations entitled to file stop notices under Section 3181 of the California Civil Code, in the sum of Fifty -three Thousand Eight Hundred Thirty -four and 001100 Dollars ($ 53.834.00 ), said sum being not less than one hundred percent (100 %) of the total amount payable by the said Obligee under the terms of the said Contract, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. *Insurance Company THE CONDITION OF THIS OBLIGATION IS SUCH, that, if said Contractor, his or its heirs, executors, administrators, successors or assigns, or Sub - contractor s, shall fail to pay for any materials, provisions or other supplies, implements, machinery or power used in, upon, for or about the performance of the Public Work contracted to be done, or to pay any person for any work or labor of any kind, or for bestowing skills or other necessary services thereon, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Contractor and his or its Sub - Contractor s pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor as required by the provisions of Section 3247 through 3252 of the Civil Code, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board or Internal Revenue Service from the wages of employees of the Contractor or his or its Sub - Contractor s, the Surety or Sureties hereon will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In addition to the provisions herein above, it is agreed that this bond will inure to the benefit of any and all persons, companies and corporations entitled to serve stop notices under Section 3181 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Page 1 The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the said Contract or to the work to be performed thereunder or the Specifications accompanying the same 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 or to the Specifications. No final settlement between the Obligee and the Contractor hereunder shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. Contractor and Surety agree that if the Obligee is required to engage the services of an attorney in connection with the enforcement of the bond, each shall pay Obligee's reasonable attorney's fees incurred, with or without suit, in addition to the above sum. IN WITNESS WHEREOF, we have hereunto set our hands and seals this stn day of June 20 o9 PRINCIPAUCONTRACTOR: SURETY: Zumar Industries Inc. (Typed Name of Contractor) North American Spec Ins urance Company (Typed Name of Surety) Rv (Signature) (Typed Name and Title) (Signature of Attorney -in -Fact) Lillian Tse CA License $0155652 (Typed Name of Attorney -in -Fact) The rate of premium on this bond is $ 9.40 per thousand. The total amount of premium charged: $ 5o6. oo (the above must be filled in by corporate surety). IMPORTANT: Surety companies executing bonds must possess a certificate of authority from the California Insurance Commissioner authorizing them to write surety insurance defined in Section 105 of the California Insurance Code, and if the work or project is financed, in whole or in part, with federal, grant or loan funds, it must also appear on the Treasury Department's most current list (Circular 570 as amended). THIS IS A REQUIRED FORM. Any claims under this bond may be addressed to: N orth American Specialty Insurance Company, 960 Broadway Avenue, Suite 420, Boise, In 0 3702 (Name, Address and Telephone No. of Surety) Smith, & Feek, Inc, 2233 11 Ave. NE, Bellevue, F1A 90004, CA License 40155652 (Name, Address and Telephone No. of agent or representative for service of process in California if different from above) Page 2 NAS SURETY CROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE. COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing Linder laws of the State of New Hampshire, and having its principal offw in the City of Manchester, New Hampshire, and Washington International insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Itasca. Illinois, each does hereby make, constitute and appoint: - CARL NEWMAN, PETER H. HAMMETT, STUART A. OTARRELL, KAREN P. DEVER, SUSAN B. LARSON, LILLIAN TSE, SCOTT FISHER, JILL A. BOYLE and DEANNA M. MEYER JOINTLY OR SEVERALLY Its true and lawful Attorney($ )-in -Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of. TWENTY -FIVE MILLION ($25,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the ?$ of March, 2000: - RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company,; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney orto any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seat shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached.` 0 010 ` ml111% /. �� W a°aaw"°W, . 4 g "p'po -...a 'ply By S EA L SEAL k. Steven P. Anderson. President Chief EZenlbe Ofpneef wvnlivynon lnmrneinnallmurame Compa ny SEAL y4g ?5 1973 m +q &$enior t'ire PlkaiUenl of North 0.roerienn Speeivlly lmvnece Cumpany �� ma ryirylbpN r Ft; .. ? -- hVR a HiiyNnailltne0 s <r-- ' "a'a�� d'y�., %* .d nnvid N. LB mall, 5eNur1'ke Prcaldenlof \KuAinglvn lnlernalmnallmunna Campxny *° Y' S V &e Proiaen[ of Nvtlb Ameriran $pminln Imvnn¢Campvvy IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed. and these presents to be signed by their authorized officers this 30th day of September . 2008 . North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Du Page SS: On this 30th day of September - 1-0 08 , before me, a Notary Public personally appeared Steven P. Anderson , President and CEO of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Lavman , Senior Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed die above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their resocetive companies. -or�tcral. s I10NNAD. SI Suite o Notary Pa4ae, State o: s My Cemmisiuu Expires 1tWG2911 1 Donna D. SUens, Notary Public 1, James A Carpenter . the duly elected - Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, Which is still in fd1 force and effect. IN WITNESS WHEREOF, 1 have set my hand and affixed the seals of the Companies this S day of 20 L -1 James A. Qryemer, Vlac Pfeddenl & Assinanl Smnsary ofMIZAInglwn lnmmauon d Insurance Company & Nova Amednn Speciaay loon nse Company Performance Bond KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Desert has awarded to Zumar Industries Inc. hereinafter designated as the "Principal ", a contract for: �• PROJECT NO. 526 -09 CONTRACT NO. C28810 WHEREAS, said Principal is required under the terms of said contract to furnish a good and sufficient bond for the performance of said contract: NOW THEREFORE, WE, Zumar Industries Inc. the Principal, and as Surety, are held and firmly bound unto the City of Palm Desert hereinafter called the Owner, in the penal sum of Fifty -three Thousand Eight Hundred Thirty -four and 001100 Dollars ($ 53 834.00 ), being 100% of the contract amount in lawful money of the United States of America for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounded Principal, his executors, heirs, administrators, and successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants and agreements in the said contract and any alterations thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the Owner, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and virtue. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to terms of the contract or to the work to be performed there under or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the contract or to the work or the specifications. Should it become necessary for the Owner to institute a lawsuit or any other legal proceeding to enforce the terms and conditions of this bond, then all costs of said proceeding, including attorneys' fees, shall be awarded to the prevailing party. Page 1 IN WITNESS WHEREOF, identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on this day of 20 SURETY W INSURANCE COMPANY and /or AGENT ADDRESS Zumar Industries Inc. PRINCIPAL r1'� TELEPHONE NUMBER Page 2 Payment Bond KNOW ALL MEN BY THESE PRESENTS THAT WHEREAS, the City of Palm Desert (sometimes referred to hereinafter as "Obligee ") has awarded to Zumar Industries, Inc. (hereinafter designated as the "CONTRACTOR "), an agreement dated May 21. 2009, described as follows: WAYFINDING SIGN PROJECT, PROJECT NO. 526 -09, CONTRACT NO. 028810, (hereinafter referred to as the "Contract "); and WHEREAS, said Contractor is required to furnish a bond in connection with said Contract, and pursuant to Section 3247 of the California Civil Code; NOW, THEREFORE, we, Zumar Industries. Inc. the undersigned Contractor, as Principal, and a corporation organized and existing under the laws of the State of , and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Palm Desert and to any and all persons, companies or corporations entitled to file stop notices under Section 3181 of the California Civil Code, in the sum of Fifty -three Thousand Eight Hundred Thirty -four and 001100 Dollars ($ 53.834.00 ), said sum being not less than one hundred percent (100 %) of the total amount payable by the said Obligee under the terms of the said Contract, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if said Contractor, his or its heirs, executors, administrators, successors or assigns, or Sub - contractor s, shall fail to pay for any materials, provisions or other supplies, implements, machinery or power used in, upon, for or about the performance of the Public Work contracted to be done, or to pay any person for any work or labor of any kind, or for bestowing skills or other necessary services thereon, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Contractor and his or its Sub- Contractor s pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor as required by the provisions of Section 3247 through 3252 of the Civil Code, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board or Internal Revenue Service from the wages of employees of the Contractor or his or its Sub - Contractor s, the Surety or Sureties hereon will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In addition to the provisions herein above, it is agreed that this bond will inure to the benefit of any and all persons, companies and corporations entitled to serve stop notices under Section 3181 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Page 1 The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the said Contract or to the work to be performed thereunder or the Specifications accompanying the same 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 or to the Specifications. No final settlement between the Obligee and the Contractor hereunder shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. Contractor and Surety agree that if the Obligee is required to engage the services of an attorney in connection with the enforcement of the bond, each shall pay Obligee's reasonable attorney's fees incurred, with or without suit, in addition to the above sum. IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of 1 20 PRINCIPAL /CONTRACTOR: Zumar Industries. Inc., (Typed Name of Contractor) A By: (Signature) (Typed Name and Title) The rate of premium on this bond is The total amount of premium charged: $ (the above must be filled in by corporate surety). per thousand. IMPORTANT: Surety companies executing bonds must possess a certificate of authority from the California Insurance Commissioner authorizing them to write surety insurance defined in Section 105 of the California Insurance Code, and if the work or project is financed, in whole or in part, with federal, grant or loan funds, it must also appear on the Treasury Department's most current list (Circular 570 as amended). THIS IS A REQUIRED FORM. Any claims under this bond may be addressed to: (Name, Address and Telephone No. of Surety) (Name, Address and Telephone No. of agent or representative for service of process in California if different from above) (Typed Name of Surety) (Signature of Attorney -in -Fact) (Typed Name of Attorney -in -Fact) Page 2 Performance Bond KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Desert has awarded to Zumar Industries. Inc. hereinafter designated as the "Principal ", a contract for: PROJECT NO. 526-09 CONTRACT NO. C28810 WHEREAS, said Principal is required under the terms of said contract to furnish a good and sufficient bond for the performance of said contract: NOW THEREFORE, WE, Zumar Industries. Inc.. the Principal, and as Surety, are held and firmly bound unto the City of Palm Desert hereinafter called the Owner, in the penal sum of Fifty -three Thousand Eight Hundred Thirty -four and 00/100 Dollars ($ 53.834.00 ), being 100% of the contract amount in lawful money of the United States of America for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounded Principal, his executors, heirs, administrators, and successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants and agreements in the said contract and any alterations thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the Owner, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and virtue. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to terms of the contract or to the work to be performed there under or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the contract or to the work or the specifications. Should it become necessary for the Owner to institute a lawsuit or any other legal proceeding to enforce the terms and conditions of this bond, then all costs of said proceeding, including attorneys' fees, shall be awarded to the prevailing party. Page 1 IN WITNESS WHEREOF identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on this day of 20 SURETY Zumar Industries, Inc. PRINCIPAL 1 INSURANCE COMPANY and/or AGENT ADDRESS TELEPHONE NUMBER ON Page 2 Payment Bond KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, the City of Palm Desert (sometimes referred to hereinafter as "Obligee ") has awarded to Zumar Industries. Inc. (hereinafter designated as the "CONTRACTOR "), an agreement dated May 21. 2009, described as follows: WAYFINDING SIGN PROJECT, PROJECT NO. 526 -09, CONTRACT NO. C28810, (hereinafter referred to as the "Contract "); and WHEREAS, said Contractor is required to furnish a bond in connection with said Contract, and pursuant to Section 3247 of the California Civil Code; NOW, THEREFORE, we, Zumar Industries Inc. the undersigned Contractor, as Principal, and a corporation organized and existing under the laws of the State of , and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Palm Desert and to any and all persons, companies or corporations entitled to file stop notices under Section 3181 of the California Civil Code, in the sum of Fifty -three Thousand Eight Hundred Thirty -four and 00 /100 Dollars ($ 53.834.00 ), said sum being not less than one hundred percent (100 %) of the total amount payable by the said Obligee under the terms of the said Contract, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if said Contractor, his or its heirs, executors, administrators, successors or assigns, or Sub - contractor s, shall fail to pay for any materials, provisions or other supplies, implements, machinery or power used in, upon, for or about the performance of the Public Work contracted to be done, or to pay any person for any work or labor of any kind, or for bestowing skills or other necessary services thereon, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Contractor and his or its Sub - Contractor s pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor as required by the provisions of Section 3247 through 3252 of the Civil Code, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board or Internal Revenue Service from the wages of employees of the Contractor or his or its Sub - Contractor s, the Surety or Sureties hereon will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In addition to the provisions herein above, it is agreed that this bond will inure to the benefit of any and all persons, companies and corporations entitled to serve stop notices under Section 3181 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Page 1 The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the said Contract or to the work to be performed thereunder or the Specifications accompanying the same 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 or to the Specifications. No final settlement between the Obligee and the Contractor hereunder shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. Contractor and Surety agree that if the Obligee is required to engage the services of an attorney in connection with the enforcement of the bond, each shall pay Obligee's reasonable attorney's fees incurred, with or without suit, in addition to the above sum. IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of 1 20 PRINC IPAI_/CONTRACTOR: Zumar Industries Inc., (Typed Name of Contractor) 0 (Signature) (Typed Name and Title) The rate of premium on this bond is The total amount of premium charged: $ (the above must be filled in by corporate surety). (Typed Name of Attorney -in -Fact) per thousand. IMPORTANT: Surety companies executing bonds must possess a certificate of authority from the California Insurance Commissioner authorizing them to write surety insurance defined in Section 105 of the California Insurance Code, and if the work or project is financed, in whole or in part, with federal, grant or loan funds, it must also appear on the Treasury Department's most current list (Circular 570 as amended). THIS IS A REQUIRED FORM. Any claims under this bond may be addressed to: (Name, Address and Telephone No. of Surety) (Name, Address and Telephone No. of agent or representative for service of process in California if different from above) (Typed Name of Surety) (Signature of Attorney -in -Fact) Page 2 Performance Bond KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Desert has awarded to Zumar Industries Inc. hereinafter designated as the "Principal ", a contract for: PROJECT NO. 526-09 CONTRACT NO. C28810 WHEREAS, said Principal is required under the terms of said contract to furnish a good and sufficient bond for the performance of said contract: NOW THEREFORE, WE, Zumar Industries. Inc., the Principal, and as Surety, are held and firmly bound unto the City of Palm Desert hereinafter called the Owner, in the penal sum of Fifty -three Thousand Eight Hundred Thirty -four and 001100 Dollars ($ 53.834.00 ), being 100% of the contract amount in lawful money of the United States of America for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounded Principal, his executors, heirs, administrators, and successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants and agreements in the said contract and any alterations thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the Owner, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and virtue. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to terms of the contract or to the work to be performed there under or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the contract or to the work or the specifications. Should it become necessary for the Owner to institute a lawsuit or any other legal proceeding to enforce the terms and conditions of this bond, then all costs of said Proceeding, including attorneys' fees, shall be awarded to the prevailing party. Page 1 IN WITNESS WHEREOF, identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on this day of 20 SURETY Zumar Industries, Inc. PRINCIPAL IN INSURANCE COMPANY and /or AGENT ADDRESS CN TELEPHONE NUMBER Page 2 Payment Bond KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, the City of Palm Desert (sometimes referred to hereinafter as "Obligee ") has awarded to Zumar Industries. Inc. (hereinafter designated as the "CONTRACTOR "), an agreement dated May 21, 2009, described as follows: WAYFINDING SIGN PROJECT, PROJECT NO. 526.09, CONTRACT NO. C28810, (hereinafter referred to as the "Contract "); and WHEREAS, said Contractor is required to furnish a bond in connection with said Contract, and pursuant to Section 3247 of the California Civil Code; NOW, THEREFORE, we, Zumar Industries. Inc. the undersigned Contractor, as Principal, and a corporation organized and existing under the laws of the State of , and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Palm Desert and to any and all persons, companies or corporations entitled to file stop notices under Section 3181 of the California Civil Code, in the sum of Fifty -three Thousand Elaht Hundred, Thirty -four and 00 /100 Dollars ($ 53.834.00 ), said sum being not less than one hundred percent (100 %) of the total amount payable by the said Obligee under the terms of the said Contract, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if said Contractor, his or its heirs, executors, administrators, successors or assigns, or Sub - contractor s, shall fail to pay for any materials, provisions or other supplies, implements, machinery or power used in, upon, for or about the performance of the Public Work contracted to be done, or to pay any person for any work or labor of any kind, or for bestowing skills or other necessary services thereon, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Contractor and his or its Sub - Contractor s pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor as required by the provisions of Section 3247 through 3252 of the Civil Code, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board or Internal Revenue Service from the wages of employees of the Contractor or his or its Sub - Contractor s, the Surety or Sureties hereon will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In addition to the provisions herein above, it is agreed that this bond will inure to the benefit of any and all persons, companies and corporations entitled to serve stop notices under Section 3181 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Page 1 The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the said Contract or to the work to be performed thereunder or the Specifications accompanying the same 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 or to the Specifications. No final settlement between the Obligee and the Contractor hereunder shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. Contractor and Surety agree that if the Obligee is required to engage the services of an attorney in connection with the enforcement of the bond, each shall pay Obligee's reasonable attorney's fees incurred, with or without suit, in addition to the above sum. IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of 20 PRINC IPAI_!C ONTRACTO R: Zumar Industries. Inc. (Typed Name of Contractor) (Typed Name of Surety) By: (Signature) (Typed Name and Title) The rate of premium on this bond is The total amount of premium charged: $ (the above must be filled in by corporate surety). (Typed Name of Attorney -in -Fact) per thousand. IMPORTANT: Surety companies executing bonds must possess a certificate of authority from the California Insurance Commissioner authorizing them to write surety insurance defined in Section 105 of the California Insurance Code, and if the work or project is financed, in whole or in part, with federal, grant or loan funds, it must also appear on the Treasury Department's most current list (Circular 570 as amended). THIS IS A REQUIRED FORM. Any claims under this bond may be addressed to: (Name, Address and Telephone No. of Surety) (Name, Address and Telephone No. of agent or representative for service of process in California if different from above) in (Signature of Attorney -in -Fact) Page 2