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HomeMy WebLinkAboutE.10 - Staff Report - Azusa Ave Phase I Award 7-21-25CONSENT ITEM E-10 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: SERGIO GONZALEZ, CITY MANAGER FROM: ROBERT DELGADILLO, P.E., DIRECTOR OF PUBLIC WORKS/CITY ENGINEER DATE: JULY 21, 2025 SUBJECT: AWARD A CONTRACT FOR THE AZUSA AVENUE PAVEMENT REHABILITATION PROJECT – PHASE I (CONCRETE IMPROVEMENTS) BACKGROUND: On June 2, 2025 the City Council authorized staff to solicit Notice of Inviting Bids for the Azusa Avenue Pavement Rehabilitation Project – Phase I (Concrete Improvements). The project improvements are proposed along the major corridor of Azusa Avenue from Arrow Highway to First Street, approximately one (1) miles in total length. The concrete improvements in Phase I include reconstructing ADA curb ramps, uplifted sidewalks, non-compliant drive and alley approaches, replacing uplifted or cracked curb and gutter, and the construction of ten (10) new concrete bus pads. The bid opening for this project was held on July 9, 2025. The proposed actions will award a contract to CT&T Concrete Paving Inc. RECOMMENDATIONS: Staff recommends the City Council take the following actions: 1)Award a contract in the amount of $1,544,092.52, which includes a 10% contingency in the amount of $140,366 for potential change orders as needed, to CT&T Concrete Paving Inc.; and 2)Authorize the City Manager to execute contracts, in a form acceptable to the City Attorney, on behalf of the City. Approved City Council July 21, 2025 Award Contract for the Azusa Avenue Pavement Rehabilitation Project – Phase I (Concrete Improvements) July 21, 2025 Page 2 ANALYSIS: The Azusa Avenue Pavement Rehabilitation Project is split into two phases. The scope of work for each phase is described below: • Phase I – Concrete Improvements • Phase II – Roadway Paving and Striping Staff determined that splitting the scope into two phases will allow specialty contractors to bid each phase of the project without or with limited subcontractors. Inherently, this will result in more competitive bids without overhead and markup costs that are usually included when there is a prime contractor and multiple sub-contractors. Staff has determined that by bidding each phase separately the City would save approximate 15% to 20% of the construction cost or approximately $400,000 dollars. Sealed bids were received publicly on July 9, 2025. The results are as follows: No Company Location Total Base Bid 1 Gentry Brothers Inc. Irwindale, CA $1,136,200.00 2 CT&T Concrete Paving Inc. Diamond Bar, CA $1,403,663.20 3 Carter Enterprises, Inc. Yorba Linda, CA $1,424,000.00 4 Martinez Concrete, Inc. Azusa CA $1,661,200.00 5 Kalban, Inc. Santa Clarita, CA $2,080,100.00 At the time of bid opening, Gentry Brothers Inc. was identified as the apparent lowest bidder. However, upon bid review, staff determined that their bid did not meet the project’s specified licensing requirements and was missing the required Certificate of Reported Compliance issued by the California Air Resources Board (CARB). Staff has reviewed all bids. The lowest responsive bid was submitted by CT&T Concrete Paving Inc., a contractor with over 30 years of experience in Southern California. CT&T Concrete Paving Inc. is a concrete contractor and holds a current C-8 contractor license. A bid summary was prepared and has been attached herein. Their bid of $1,403,663.20 is $397,736.80 below the Engineer’s estimate of $1,800,400. ENVIRONMENTAL CLEARANCE: This action is categorically exempt from the requirements of the California Environmentally Quality Act (CEQA) pursuant to Section 15301 Class 1 (c) – Rehabilitation of Existing Streets and Highways. Staff has filed a Notice of Exemption with the Los Angeles County Clerk’s Office. FISCAL IMPACT: The recommended actions award a contract to CT&T Concrete Paving Inc. in the amount of $1,403,663.20 for the total Base Bid, and further authorize Staff to increase the contract by $140,366 for potential change orders for a total not-to-exceed contract amount of $1,544,092.52. Award Contract for the Azusa Avenue Pavement Rehabilitation Project – Phase I (Concrete Improvements) July 21, 2025 Page 3 The cost of this construction project is included in the FY2025-26 approved CIP budget. The Phase I project improvements will be funded with Highway 39 Fund (Acct. 14-80-000-666- 7120/66126D-7120) and is included in the FY 2025-26 Adopted CIP Budget. Prepared by: Reviewed by: Christina Curiel Robert Delgadillo, P.E. Public Works Project Manager Director of Public Works/ City Engineer Reviewed and Approved by: Sergio Gonzalez City Manager Attachment: 1) Bid Summary 2) Bid Proposal 3) Public Works Contract BID ITEM UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 1 Mobilization, Bonds, Insurance, Demobilization 1 LS $90,000.00 $90,000.00 $45,000.00 $45,000.00 $98,798.10 $98,798.10 $69,000.00 $69,000.00 $100,000.00 $100,000.00 $30,000.00 $30,000.00 2 Construction Safety, Traffic Control, 6 CMS Boards, Daily Cleanup and Construction Best Management Practices 1 LS $75,000.00 $75,000.00 $60,000.00 $60,000.00 $88,534.06 $88,534.06 $182,000.00 $182,000.00 $60,000.00 $60,000.00 $30,000.00 $30,000.00 3 Re-Establish All Survey Monuments & Centerline (CL) Ties 1 LS $24,000.00 $24,000.00 $8,500.00 $8,500.00 $4,840.00 $4,840.00 $11,000.00 $11,000.00 $7,800.00 $7,800.00 $7,150.00 $7,150.00 4 Construction Staking, Survey, Line and Grade 1 LS $20,000.00 $20,000.00 $7,500.00 $7,500.00 $11,521.64 $11,521.64 $22,447.00 $22,447.00 $20,000.00 $20,000.00 $18,650.00 $18,650.00 5 Remove & Replace Sidewalk per City of Azusa Standard Plan R6-2 15,800 SF $13.00 $205,400.00 $10.00 $158,000.00 $13.90 $219,620.00 $11.00 $173,800.00 $15.00 $237,000.00 $17.00 $268,600.00 6 Remove & Replace Curb & Gutter per City of Azusa Standard Plan R4-2, and Reconstruct Asphalt Abutting Concrete per City of Azusa Standard Plan R11-2 820 LF $80.00 $65,600.00 $90.00 $73,800.00 $80.17 $65,739.40 $82.00 $67,240.00 $180.00 $147,600.00 $140.00 $114,800.00 7 Remove & Construct ADA Curb Ramp with Truncated Dome Per Latest Caltrans Standard Plan A88A & Specifications, and Remove and Construct Adjoining Curb and Gutter per City of Azusa Standard Plans R4-2 and R11-2 17 EA $9,000.00 $153,000.00 $11,000.00 $187,000.00 $6,575.84 $111,789.28 $6,369.00 $108,273.00 $8,000.00 $136,000.00 $8,500.00 $144,500.00 8 Install Concrete Bus Pad Per SPPWC Standard Plan 131-3, and Reconstruct Asphalt Abutting Concrete per City of Azusa Standard Plan R11-2 10 EA $30,000.00 $300,000.00 $17,100.00 $171,000.00 $15,308.01 $153,080.10 $28,000.00 $280,000.00 $27,000.00 $270,000.00 $50,000.00 $500,000.00 9 Remove Existing Drive Approach and Construct 8” Thick Drive Approach per City of Azusa Standard Plan R5-2, and Reconstruct Asphalt Abutting Concrete per City of Azusa Standard Plan R11-2 48 EA $8,000.00 $384,000.00 $5,800.00 $278,400.00 $7,667.26 $368,028.48 $6,000.00 $288,000.00 $8,000.00 $384,000.00 $14,000.00 $672,000.00 10 Remove & Replace Type "A" Curb per City of Azusa Standard Plan R4-2, and Reconstruct Asphalt Abutting Concrete per City of Azusa Standard Plan R11-2 280 LF $80.00 $22,400.00 $85.00 $23,800.00 $52.57 $14,719.60 $73.00 $20,440.00 $110.00 $30,800.00 $80.00 $22,400.00 11 Remove & Replace Alley Approach per City of Azusa Standard Plan R8-2, and Reconstruct Asphalt Abutting Concrete per City of Azusa Standard Plan R11-2 2 EA $15,000.00 $30,000.00 $6,500.00 $13,000.00 $10,741.14 $21,482.28 $7,300.00 $14,600.00 $25,000.00 $50,000.00 $20,000.00 $40,000.00 12 Remove and Replace Catch Basin Local Depression per SPPWC Standard 313- 4, and Reconstruct Asphalt Abutting Concrete per City of Azusa Standard Plan R11-2 1 EA $5,000.00 $5,000.00 $2,200.00 $2,200.00 $4,475.26 $4,475.26 $6,000.00 $6,000.00 $8,000.00 $8,000.00 $10,000.00 $10,000.00 13 Remove Existing Parkway Sign and Install Sign per City of Azusa Standard Plan R15-2 12 EA $500.00 $6,000.00 $1,000.00 $12,000.00 $501.25 $6,015.00 $1,100.00 $13,200.00 $5,000.00 $60,000.00 $1,000.00 $12,000.00 14 Remove & Replace Spandrel and/or Cross Gutter per City of Azusa Standard Plan R7-2, and Reconstruct Asphalt Abutting Concrete per City of Azusa Standard Plan R11-2 6000 SF $70.00 $420,000.00 $16.00 $96,000.00 $39.17 $235,020.00 $28.00 $168,000.00 $25.00 $150,000.00 $35.00 $210,000.00 $1,800,400.00 $1,136,200.00 $1,403,663.20 $1,424,000.00 $1,661,200.00 $2,080,100.00 YES YES YES YESBid included completed Attachment 1 - Fleet Compliance Certification form YES NO YES YES YES NO YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES NO LOCATION: Azusa Avenue from Arrow Hiighway to First Street BID OPENING DATE: July 9, 2025 YES YES PROJECT NAME: Azusa Avenue Rehabilitation Project - Phase I (Concrete Improvements) Gentry Brothers, Inc.CT&T Concrete Paving, Inc.Carter Enterprises, Inc.Martinez Concrete, Inc.Kalban, Inc. TOTAL (BASE BID): DESCRIPTION QTY UNIT Engineer's Estimate YES NO Gentry Brothers, Inc.CT&T Concrete Paving, Inc.Carter Enterprises, Inc.Martinez Concrete, Inc.Kalban, Inc. YES YES YES Bid included completed Iran Contracting Act Certification form Bid included completed Public Works Contractor Registration Certification form BIDDER SUBMITTED A COMPLETE BID PROPOSAL:NO YES YES Bid included completed Contractor's Certificate Regarding Workers' Compenstation form Bid included completed Bidder Information and Experience form YES YES Bid included Bid Bond Bid included Addendum No. 1 Acknowledgement Bidder met "C-8" Contractor's License requirement LOWEST RESPONSIVE BIDDER:CT&T Concrete Paving, Inc. BID SUMMARY SHEET BID REVIEW Bid included Bid Guarantee in the amount of not less than 10% of the Total Bid Price Bid included completed Designation of Subcontractors form Bid included fully executed Non-Conllusion Declaration form CONTRACT - 1 - CITY OF AZUSA STANDARD CONTRACT AZUSA AVENUE PAVEMENT REHABILITATION PROJECT PHASE I (CONCRETE IMPROVEMENTS) THIS CONTRACT is made this day of July, 2025, in the County of Los Angeles, State of California, by and between the City of Azusa, hereinafter called City, and CT&T Concrete Paving, Inc., hereinafter called Contractor. The City and the Contractor for the considerations stated herein agree as follows: ARTICLE 1. SCOPE OF WORK. The Contractor shall perform all Work within the time stipulated in the Contract and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5 below for the following Project: AZUSA AVENUE PAVEMENT REHABILITATION PROJECT PHASE I (CONCRETE IMPROVEMENTS) The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation. ARTICLE 2. TIME FOR COMPLETION. The Work shall be commenced on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 45 working days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work. ARTICLE 3. CONTRACT PRICE. The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of One Million Four Hundred Three Thousand Six Hundred Sixty Three Dollars and Twenty Cents ($1,403,663.20). Payment shall be made as set forth in the General Conditions. ARTICLE 4. LIQUIDATED DAMAGES. In accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $500 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Article does not exclude recovery of other damages specified in the Contract Documents. ARTICLE 5. COMPONENT PARTS OF THE CONTRACT. The “Contract Documents” include the following: CONTRACT - 2 - Notice Inviting Bids Instructions to Bidders Bid Form Contractor’s Certificate Regarding Workers’ Compensation Bid Bond Designation of Subcontractors Information Required of Bidders Non-Collusion Affidavit form Contract Performance Bond Payment Bond General Conditions Special Conditions Technical Specifications Addenda Plans and Drawings Approved and fully executed change orders Any other documents contained in or incorporated into the Contract The Contactor shall complete the Work in strict accordance with all of the Contract Documents. All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. This Contract shall supersede any prior agreement of the parties. ARTICLE 6. PROVISIONS REQUIRED BY LAW. Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of the California Labor Code applicable to this Project. ARTICLE 7. INDEMNIFICATION. Contractor shall provide indemnification as set forth in the General Conditions. ARTICLE 8. PREVAILING WAGES. Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at Azusa City Hall or may be obtained online at http//www.dir.ca.gov/dlsr and which must be posted at the job site. ARTICLE 9. DECLARATION OF POLITICAL CONTRIBUTIONS. Consultant shall, throughout the term of this Agreement, submit to City an annual statement in writing declaring any political contributions of money, in-kind services, or loan made to any member of the city council within the previous twelve-month period by the Consultant and all of Consultant's employees, including any employee(s) that Consultant intends to assign to perform the Services described in this Agreement. ARTICLE 10. CONFLICT OF INTEREST. In the procurement of supplies, equipment, construction, and services by sub-recipients, the conflict of interest provisions in (State LCA – CONTRACT - 3 - 24 CFR 85.36 and Non-Profit Organizations – 24 CFR 84.4), OMB Circular A-110, and 24 CFR 570.611, respectively, shall apply. No employee, officer or agent of the sub-recipient shall participate in selection, or in the award or administration of a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written. CT&T CONCRETE PAVING, INC. ________________________________ Name and Title ________________________________ Signature of Contractor License No. ______________________ CITY OF AZUSA ________________________________ Robert Gonzales Mayor ________________________________ Sergio Gonzalez City Manager ________________________________ Jeffrey Lawrence Cornejo Jr. City Clerk Approved as to Form: ______________________________ Best Best & Krieger LLP City Attorney BONDS - 4 - PERFORMANCE BOND FOR AZUSA AVENUE PAVEMENT REHABILITATION PROJECT PHASE I (CONCRETE IMPROVEMENTS) KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, City of Azusa (hereinafter referred to as “City”) has awarded to CT&T Concrete Paving, Inc., (hereinafter referred to as the “Contractor”) an agreement for AZUSA AVENUE PAVEMENT REHABILITATION PROJECT - PHASE I (hereinafter referred to as the “Project”). WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project, (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, CT&T Concrete Paving, Inc., the undersigned Contractor and _____________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of One Million Four Hundred Three Thousand Six Hundred Sixty Three Dollars and Twenty Cents ($1,403,663.20) 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 part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees including reasonable attorney’s fees, incurred by City in enforcing such obligation. As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor BONDS - 5 - shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15. Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option: (1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or (2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. (3) Permit the City to complete the Project in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor. Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the CITY, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project. BONDS - 6 - IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________________, 2025. _________________________________________ CONTRACTOR/PRINCIPAL _________________________________________ Name By_______________________________________ SURETY: By: ______________________________________ Attorney-In-Fact The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________. (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 BONDS - 7 - STATE OF CALIFORNIA COUNTY OF On before me, (here insert name and title of the officer), personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under penalty of perjury under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature __________________________________ (Seal) NOTE: A copy of the Power-of-Attorney to local representatives of the bonding company must be attached hereto. BONDS - 8 - PAYMENT BOND FOR FOOTHILL BOULEVARD PAVEMENT REHABILITATION PROJECT PHASE I (CONCRETE IMPROVMENTS) KNOW ALL MEN BY THESE PRESENTS That WHEREAS, the City of Azusa (hereinafter designated as the “City”) has awarded to CT&T Concrete Paving, Inc., hereinafter designated as the “Principal,” a contract for the work described as follows: Azusa Avenue Pavement Rehabilitation Project - Phase I (Concrete Improvements), (the “Project”); and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth. NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal sum of One Million Four Hundred Three Thousand Six Hundred Sixty Three Dollars and Twenty Cents ($1,403,663.20) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 3181 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by the City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses. This bond shall inure to the benefit of any of the persons named in Section 3181 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond. It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement BONDS - 9 - herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 3110 or 3112 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed unoriginal thereof, have been duly executed by the Principal and Surety above named, on the _____ day of ______________________ 2025 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. (Corporate Seal of Principal, if corporation) Principal (Property Name of Contractor) By (Signature of Contractor) (Seal of Surety) Surety By Attorney in Fact (Attached Attorney-In-Fact Certificate and Required Acknowledgements) *Note: Appropriate Notarial Acknowledgments of Execution by Contractor and +surety and a power of Attorney MUST BE ATTACHED.