3896 CLOSED3896,,.
PUBLIC WORKS CONTRACT
BETWEEN
THE CITY OF EL SEGUNDO AND
ACE ELECTRIC, INC.
This CONTRACT is entered into this 20th day of January, 2009, by and between
the CITY OF EL SEGUNDO, a general law city and municipal corporation ( "the City ")
and ACE ELECTRIC, INC. ( "the Contractor ").
1. WORK.
A. The Contractor will provide all work required by the Contract Documents
(the "Work "). The Contractor agrees to do additional work arising from
changes ordered by the City in accordance with the Contract Documents.
B. The Contractor and the City agree to abide by the terms and conditions
contained in the Contract Documents;
C. The Contractor will furnish all of the labor; supplies and materials;
equipment; printing; vehicles; transportation; office space and facilities; all
tests, testing and analyses; and all matters whatsoever (except as
otherwise expressly specified to be furnished by the City) needed to
perform and complete the Work and provide the services required of the
Contractor by the Contract Documents.
D. "Contract Documents" means the Notice Inviting Bids; Instructions to
Bidders; Supplementary Instructions to Bidders; Proposal; this Contract;
Standard Specifications; Supplementary Conditions; Exhibits; Technical
Specifications; List of Drawings; Drawings; Addenda; Notice to Proceed;
Change Orders; Notice of Completion; and all other documents identified
in the Contract Documents which together form the contract between the
City and the Contractor for the Work. The Contract Documents constitute
the complete agreement between the City and the Contractor and
supersede any previous agreements or understandings.
2. CONTRACT SUM. The City agrees to pay the Contractor a sum not to exceed Two
Hundred Eighty -Eight Thousand dollars ($288,000.00) for the Work in the manner set
forth in the Contract Documents. The City may adjust this amount as set forth in the
Contract Documents.
3. TIME FOR PERFORMANCE.
A. The Contractor will fully complete the Work within 60 working days (the
"Contract Time. ")
B. The Contract Time will commence when the City issues a notice to
proceed. The Contract Documents will supersede any conflicting
provisions included on the notice to proceed issued pursuant to this
Contract.
C. The Contractor may not perform any Work until:
The Contractor furnishes proof of insurance as required by the
Contract Documents; and
The City gives the Contractor a written, signed, and numbered
purchase order and notice to proceed.
D. By signing this Contract, the Contractor represents to the City that the
Contract Time is reasonable for completion of the Work and that the
Contractor will complete the Work within the Contract Time.
E. Should the Contractor begin the Work before receiving written
authorization to proceed, any such Work is at the Contractor's own cost
and risk.
4. DISPUTES. Disputes arising from this contract will be determined in accordance
with the Contract Documents and Public Contracts Code §§ 10240 - 10240.13.
5. THIRD PARTY CLAIMS. In accordance with Public Contracts Code § 9201, the
City will promptly inform the Contractor regarding third -party claims against the
Contractor, but in no event later than ten (10) business days after the City receives such
claims. Such notification will be in writing and forwarded in accordance with the "Notice"
section of the Contract Documents. As more specifically detailed in the Contract
Documents, the Contractor agrees to indemnify and defend the City against any third -
party claim.
6. TAXPAYER IDENTIFICATION NUMBER. The Contractor will provide the City with
a Taxpayer Identification Number.
7. PERMITS AND LICENSES. Unless otherwise provided, the Contractor, at its sole
expense, will obtain and maintain during the Contract Time, all necessary permits,
licenses, and certificates that may be required in connection with the Work.
8. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps,
models, photographs and reports prepared by the Contractor under the Contract
Documents are the City's property. The Contractor may retain copies of said
documents and materials as desired, but will deliver all original materials to the City
upon the City's written notice.
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3890.. ..
9. INDEMNIFICATION. The Contractor agrees to indemnify, defend, and hold the City
harmless as set forth in the Contract Documents. The requirements as to the types and
limits of insurance coverage to be maintained by the Contractor as required by the
Contract Documents, and any approval of such insurance by the City, are not intended
to and will not in any manner limit or qualify the liabilities and obligations otherwise
assumed by the Contractor pursuant to the Contract Documents, including, without
limitation, to the provisions concerning indemnification.
10. INDEPENDENT CONTRACTOR. The City and the Contractor agree that the
Contractor will act as an independent contractor and will have control of all work and the
manner in which is it performed. The Contractor will be free to contract for similar
service to be performed for other employers while under contract with the City. The
Contractor is not an agent or employee of the City and is not entitled to participate in
any pension plan, insurance, bonus or similar benefits the City provides for its
employees. Any provision in this Contract that may appear to give the City the right to
direct the Contractor as to the details of doing the work or to exercise a measure of
control over the work means that the Contractor will follow the direction of the City as to
end results of the work only.
11. AUDIT OF RECORDS. The Contractor will maintain full and accurate records with
respect to all services and matters covered under this Contract. The City will have free
access at all reasonable times to such records, and the right to examine and audit the
same and to make transcript therefrom, and to inspect all program data, documents,
proceedings and activities. The Contractor will retain such financial and program
service records for at least three (3) years after termination or final payment under the
Contract Documents.
12. NOTICES. All communications to either party by the other party will be deemed
made when received by such parry at its respective name and address as follows:
The City
Dana Greenwood, Public Works Dir
City of El Segundo
350 Main Street
El Segundo, CA 90245
Attn.: Dan Garcia, Assist. City Eng.
The Contractor
Jeffrey A. Hinds, President
Ace Electric, Inc.
P.O. Box 601071
San Diego, CA 92160
Any such written communications by mail will be conclusively deemed to have been
received by the addressee three (3) days after deposit thereof in the United States Mail,
postage prepaid and properly addressed as noted above. In all other instances, notices
will be deemed given at the time of actual delivery. Changes may be made in the
names or addresses of persons to whom notices are to be given by giving notice in the
manner prescribed in this paragraph.
13. NO THIRD PARTY BENEFICIARY. This Contract and every provision herein is for
the exclusive benefit of the Contractor and the City and not for the benefit of any other
3836.. .
party. There will be no incidental or other beneficiaries of any of the Contractor's or the
City's obligations under this Contract.
14. INTERPRETATION. This Contract was drafted in, and will be construed in
accordance with the laws of the State of California, and exclusive venue for any action
involving this Contract will be in Ventura County.
15. BUSINESS LICENSE. Unless waived in accordance with Santa Paula Municipal
Code § 110.03(B), the Contractor and all sub - contractors must obtain a City Business
License before executing this Contract.
16. EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity
between any provision of the Contract Documents, precedence will be as follows:
A. This Contract;
B. The Standard Specifications; and
C. Precedence of documents as determined in the Standard Specifications.
17. SEVERABILITY. If any portion of the Contract Documents are declared by a court
of competent jurisdiction to be invalid or unenforceable, then such portion will be
deemed modified to the extent necessary in the opinion of the court to render such
portion enforceable and, as so modified, such portion and the balance of this Contract
will continue in full force and effect.
18. AUTHORITY /MODIFICATION. The Parties represent and warrant that all necessary
action has been taken by the Parties to authorize the undersigned to execute this
Contract and to engage in the actions described herein. This Contract may be modified
by written amendment. The City's city manager, or designee, may execute any such
amendment on the City's behalf.
19.ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this
Contract, agreements ancillary to this Contract, and related documents to be entered
into in connection with this Contract will be considered signed when the signature of a
parry is delivered by facsimile transmission. Such facsimile signature will be treated in
all respects as having the same effect as an original signature.
20. COVENANTS AND CONDITIONS. The parties agree that all of the provisions
hereof will be construed as both covenants and conditions, the same as if the words
importing such covenants and conditions had been used in each separate paragraph.
21. CAPTIONS. The captions of the paragraphs of this Contract are for convenience of
reference only and will not affect the interpretation of this Contract.
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3896..,
22. TIME IS OF ESSENCE. Time is of the essence for each and every provision of the
Contract Documents.
IN WITNESS WHEREOF the parties hereto have executed this contract the day
and year first hereinabove written.
AM
7iffk Wa
City Man
ATTEST:
By:
Cindy ortesen
City Clerk
APPROVED A M.
MARK D. HE CITY TT EY
By.
Karl H. Berger,
Assistant City Att y
5
CONTRACTOR:
Jeffrey A. finds, Presid t
Ace Elec ric, Inc. -
Taxpayer ID Number: 75- 3118940
Contractor State
License Number: 835109, C -10, A
Contractor City Business
License Number:
EXECUTED IN DUPLICATE,
BOND NO. 108897975
AIA Document A-312 PREMIUM: *3, 744 . UO
And is Subject To Adjustment
Performance Bond Based On Final Contract Price
Conforms with the .American Institute of Architects. AIA Document A312.
Any singular reference to Contractor, Surety, Owner or other parry shall be considered plural where applicable.
CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business):
ACE ELECTRIC, INC. TRAVELERS CASUALTY AND SURETY
6061 FAIRMOUNT AVENUE COMPANY OF AMERICA
SAN DIEGO, CA 92120 9325 SKY PARK COURT, SUITE 220
SAN DIEGO, CA 92123
OWNER (Name and Address):
CITY OF EL SEGUNDO
350 MAIN STREET
EL SEGUNDO, CA 90245
CONSTRU -CTION CONTRACT
Date: January 20 2009
Amount: TWO HUNDRED EIGHTY EIGHT THOUSAND AND NO /1100 DOLLARS ($288,000.00)
Description (Name and Location): BRETT FIELD AND SOFTBALL FIELD LIGHTING UPGRADE
PROJECT NO.: PW 08 -15
BOND
Date (Not earlier than Construction Contract Date): January 27 2009
Amount: TWO HUNDRED EIGHTY EIGHT THOUSAND AND NO /100 DOLLARS ($288,000.00)
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT No 5193
State of California
County of _SAN DIEGO
On . 1/27/2009 _ before me, _ DEBORAH D. DAVIS, NOTARY PUBLIC
personally appeared . .. MATTHEW._(__ GAYNOE —.
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.
DEBORAH D. DAVIS
COMM. #1737411
NOTARY PUSUC•CALIFORNIA
SAN DIEGO COUNTY
ti1y Comm Exp APRIL 21, 2011
THIS CERTIFICATE MUST BE ATTACHED TO
THE DOCUMENT DESCRIBED AT RIGHT:
Though the data requested here is not required by law,
it could prevent fraudulent reattachment of this form.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature of Notary
�■ OPTIONAL SECTION
TITLE OR TYPE OF DOCUMENT
OPTIONAL SECTION
CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary to
fill in the data below, doing so may prove
invaluable to persons relying on the document.
❑ INDIVIDUAL
CORPORATE OFFICER(S)
TITi Ft S)
PARTNER(S) [] LIMITED
F] GENERAL
QX ATTORNEY -IN -FACT
❑ TRUSTEE(S)
GUARDIAN /CONSERVATOR
E] OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSONS) OR ENTITY(IES)
NUMBER OF PAGES DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
S- 1852.'GEEF10/99 Page 1 of 2
CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT
State of California
County of San Diego
On 1/29/09
Personally Appeared
SS.
Before Me D. L. MCFEELY
Name of Notary Public
Jeffrey A. Hinds, President
Name(s) of Signer(s)
a Notary Public
ED 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.
D. L. MCFEELY
Comrrwalon # 1613650 1 certify under PENALTY OF PERJURY under the laws of the
-� Notary Mft - CaMornla State of California that the foregoing paragraph is true and correct.
San DkW County
,Comm. Expires Oct 16, 20 WITNESS my hand and official seal.
Notary Stamp Signature of Notary Pu lic License Number Expires
1613650 10/16/2009
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 our Type of Document:
Document Date: Number of Pages
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signers Name:
Individual:
Corporate Officer - Title(s):
Partner - MLimited [33eneral
Attorney -in -fact
Trustee
Guardian or Conservator
0 Other:
Signer is Representing
Right Thumb Print Right Thumb Print
of Signer 1 of Signer 2
4.1 Arrange 4: The Contractor, with consent of the Owner, to perform
and co;.:Nlete the Construction Contract; or
4.2 Undertake to perform and complete the Construction Contract
itself, through its agents or through independent contractors; or
4.3 Obtain bids or negotiated proposals from qualified contractors
acceptable to the Owner for a contract for performance and completion
of the Construction Contract, arrange for a contract to be prepared for
execution by the Owner and the contractor selected with the Owner's
concurrence, to be secured with performance and payment bonds
executed by a qualified surety equivalent to the bonds issued on the
Construction Contract, and pay to the Owner the amount of damages
as described in Paragraph 6 in excess of the Balance of the Contract
Price incurred by the Owner resulting from the Contractor's default; or
4.4 Waive its right to perform and complete, arrange for completion,
or obtain a new contractor and with reasonable promptness under the
circumstances:
1 After investigation, determine the amount for which it may
be liable to the Owner and, as soon as practicable after the
amount is determined, tender payment therefor to the
Owner; or
2 Deny liability in whole or in part and notify the Owner
citing reasons therefor.
5 If the Surety does not proceed as provided in Paragraph 4 with
reasonable promptness, the Surety shall be deemed to be in default on this
Bond fifteen days after receipt of an additional written notice from the
Owner to the Surety demanding that the Surety perform its obligations
under this Bond, and the Owner shall be entitled to enforce any remedy
available to the Owner. If the Surety proceeds as provided in Subparagraph
4.4, and the Owner refuses the payment tendered or the Surety has denied
liability, in whole or in part, without further notice the Owner shall be
entitled to enforce any remedy available to the Owner.
6 After the Owner has terminated the Contractor's right to complete the
Construction Contract, and if the Surety elects to act under Subparagraph
4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner
shall not be greater than those of the Contractor under the Construction
Contract, and the responsibilities of the Owner to the Surety shall not be
greater than those of the Owner under the Construction Contract. To the
limit of the amount of this Bond, but subject to commitment by the Owner
of the Balance of the Contract Price to mitigation of costs and damages on
the Construction Contract, the Surety is obligated without duplication for:
6.1 The responsibilities of the Contractor for correction of defective
work and completion of the Construction Contract;
6.2 Additional legal, design professional and delay costs resulting
from the Contractor's Default, and resulting from the actions or failure
to act of the Surety under Paragraph 4; and
6.3 Liquidated damages, or if no liquidated damages are specified in
the Construction Contract, actual damages caused by delayed
performance or non - performance of the Contractor.
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
38.
7 The Surety shall not be liable to the Owner or others for obligati✓ns df •
the Contractor that are unrelated to the Construction Contract, and the
Balance of the Contract Price shall not be reduced or set off on account of
anv such unrelated obligations. No right of action shall accrue on this Bond
to any person or entity other than the Owner or its heirs, executors,
administrators or successors.
8 The Surety hereby waives notice of any change, including changes of
time, to the Construction Contract or to related subcontracts, purchase
orders and other obligations.
9 Any proceeding, legal or equitable, under this Bond may be instituted
in any court of competent jurisdiction in the location in which the work or
part of the work is located and shall be instituted within two years after
Contractor Default or within two years after the Contractor ceased working
or within two years after the Surety refuses or fails to perform its
obligations under this Bond, whichever occurs first. If the provisions of this
Paragraph are void or prohibited by law, the minimum period of limitation
available to sureties as a defense in the jurisdiction of the suit shall be
applicable.
10 Notice to the Surety, the Owner or the Contractor shall be mailed or
delivered to the address shown on the signature page.
11 When this Bond has been furnished to comply with a statutory or other
legal requirement in the location where the construction was to be
performed, any provision in this Bond conflicting with said statutory or
legal requirement shall be deemed deleted herefrom and provisions
conforming to such statutory or other legal requirement shall be deemed
incorporated herein. The intent is that this Bond shall be construed as a
statutory bond and not as a common law bond.
12 DEFINITIONS
12.1 Balance of the Contract Price: The total amount payable by the
Owner to the Contractor under the Construction Contract after all
proper adjustments have been made, including allowance to the
Contractor of any amounts received or to be received by the Owner in
settlement of insurance or other claims for damages to which the
Contractor is entitled, reduced by all valid and proper payments made
to or on behalf of the Contractor under the Construction Contract.
12.2 Construction Contract: The agreement between the Owner and
the Contractor identified on the signature page, including all Contract
Documents and changes thereto.
12.3 Contractor Default: Failure of the Contractor, which has neither
been remedied nor waived, to perform or otherwise to comply with
the terms of the Construction Contract.
12.4 Owner Default: Failure of the Owner, which has neither been
remedied nor waived, to pay the Contractor as required by the
Construction Contract or to perform and complete or comply with the
other terms thereof.
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company:
Signature
Name and Title:
Address:
Signature: _
'.Name and Title:
Address:
S- 1852/GEEF 10/99 Page 2 of 2
(Corporate Seal)
OF ATTORNEY IS INVALID WITHOUT THE RED
ti AM POWER OF ATTORNEY
TRAVELERSJ Farmington Casualty Company St. Paul Guardian Insurance Company
Fidelity and Guaranty Insurance Company St. Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company'
Seaboard Surety Company Travelers Casualty and Surety Company of America
St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranh Company
Attorne)' -In Fact No. 218004 Certificate No. 0 0 2 6 0 7 6 8 6
KNOW AI.L MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York. that St. Paul
Fire and Marine Insurance Company. St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws
of the State of Minnesota, that Farmington Casualty Company, Trawlers Casualty and Surety Company, and Tratyelers Casualty and Suety Company of America are
corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the
laws of the State of Maryland, that Fidelity and GuaramN Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and
Guaranty Insurance Underwriters. Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies "). and that
the Companies do herehy make, constitute and appoint
John G. Maloney, Mark D. latarola, Karen Jean Hall, and Matthew C. Gaynor
of the City of Escondido _ State of. California their true and lawful Attorneys) -in -Fact,
each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, rec•ognizance.s, conditional undertakings and
other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of
contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
IN WITNESS WHEREOF, the Companies ha\'e caused this instrument to he signed and their corporate seals to be hereto affixed, this _
10th
day of September 2008
Farmington Casually Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc
Seaboard Surety Company
St. Paul Fire and Marine Insurance Company
St. Paul Guardian Insurance Company
St. Paul Mercury Insurance Company
Travelers Casualty and Surety Company'
Travelers Casualty and Surety Company of America
United States Fidelity and Guaranty Company
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State of Connecticut
City of Hartford ss.
Georg . Thompson, enior 'ice Pre.ident
10th September 2008
On this the _ _day of lxfiore me personally appeared George W. Thompson, who acknowledged himself
to be the Senior Vice President of Farmington Casualty Company. Fidelity and Guaranty Insurance Company. Fidelity and Guaranty Insurance Underwriters, Inc.,
Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, tit. Pawl Mercury Insurance Company, Travelers
Casualty and Surety Company,'rrayelers Casualty and Suety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being
authorized so to do, executed the foregoing instrument for the Purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
,r-19N
In Witness Whereof, 1 hereunto set my hand and official seal.
My Commission expires the 30th day of June• 2011. UG.fi
58440 -5 -07 Printed in U.S.A.
Q/LtJ� C • � _
Marie C. letreauh. Notary Public
. t per.
EXECUTED IN DUPLICATE
LABOR AND MATERIAL PAYMENT BOND Bond No. 108897975
Conforms with The American Institute of Architects PREMIUM INCLUDED IN PERFORMMCE BOND
A.I.A. Document No. A -311
THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE
OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT
KNOW ALL BY THESE PRESENTS: that
ACE ELECTRIC, INC.
6061 FAIRMOUNT AVENUE
SAN DIEGO, CA 92120
as Principal, hereinafter called Principal, and,
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
9325 SKY PARK COURT, SUITE 220
SAN DIEGO, CA 92123
as Surety, hereinafter called Surety, are held and firmly bound unto
CITY OF EL SEGUNDO
350 MAIN STREET
EL SEGUNDO, CA 90245
(Here insert full name and address or legal title of Contractor)
(Here insert full name and address or legal title of Surety)
(Here insert full name and address or legal title of Owner)
as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of Two Hundred
Eighty Eight Thousand and 00/ 100------------------------------ - - - - -- Dollars (S 288,000.00 )
for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and
severally, firmly by these presents.
WHEREAS,
Principal has by written agreement dated JANUARY 20 2009 , entered into a contract
with Owner for BRETT FIELD AND SOFTBALL FIELD LIGHTING UPGRADE
PROJECT NO. PW 08 -15 (Here insert full name, address and description of project)
in accordance with Drawings and Specifications prepared by
(Here insert full name and address or legal title of Architect)
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
S- 1220 /GEEF 10/99 Page 1 of 2
LABOR AND MATERIAL PAYMENT BOND 108897975
NOW. THFRFFORF. THE CONDITION OP THIS OBLIGATION is such that, if Principal shall pomptly make payrnent to all claimants as hereinafter
defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be \old, otherwise it shall
remain in full force and effect, subject, however, to the following conditions:
I- A claimant is defined as one having a direct contract with the
Principal or with a Subcontractor of the Principal for labor, material, or
both, used or reasonably required for use in the performance of the
Contract, labor and material being construed to include that part of water,
gas, power, light, heat, oil, gasoline, telephone service or rental of
equipment directly applicable to the Contract.
2. The above named Principal and Surety hereby jointly and
severally agree with the Owner that every claimant as herein defined, who
has not been paid in full before the expiration of a period of ninety (90)
days after the date on which the last of such claimant's work or labor was
done or performed, or materials were furnished by such claimant, may sue
on this bond for the use of such claimant, prosecute the suit to final
judgment for such sum or sums as may be justly due claimant, and have
execution thereon. The Owner shall not be liable for the payment of anv
costs or expenses of any such suit.
were furnished. or for whom the work or labor was done or performed.
Such notice shall be served by mailing the same by registered mail or
certified mail, postage prepaid, in an envelope addressed to the Principal,
Owner or Surety, at any place where an office is regularly maintained for
the transaction of business, or served in any manner in which legal process
may be served in the state in which the aforesaid project is located, save
that such service need not be made by a public officer.
b) After the expiration of one (1) year following the date on which Principal
ceased Work on said Contract, it being understood, however, that if' any
limitation embodied in this bond is prohibited by any law controlling the
construction hereof such limitation shall be deemed to be amended so as to
be equal to the minimum period of limitation permitted by such law.
c) Other than in a state court of competent jurisdiction in and for the county
CALIFORNIA ALL — PURPOSE ACKNOWLEDGMENT No 5193
State of California ) OPTIONAL SECTION �
CAPACITY CLAIMED BY SIGNER
County of SAN DIEGO ` - _ -- - -� Though statute does not require the Notary to
fill in the data below, doing so may prove
invaluable to persons relying on the document.
On 1/27/2009- before me, _._ - DEBORAH D. DAVIS, NOTARY PUBLIC INDIVIDUAL
personally appeared _._ MATTHEW C. GAYNOR _ _ ❑CORPORATEOFFICER(S)
nrtt.is
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are PARTNER(S) LIMITED
subscribed to the within instrument and acknowledged GENERAL
to me that he /she /they executed the same in his /her/ ® ATTORNEY -IN -FACT
their authorized capacity(ies), and that by his /her /their
signature(s) on the instrument the person(s), or the entity ❑ TRUSTEE(S)
upon behalf of which the person(s) acted, executed the 0 GUARDIAN /CONSERVATOR
instrument. (] OTHER:
DEBORAH D. DAMS I certify under PENALTY OF PERJURY under the laws of
s; the State of California that the foregoing paragraph is
COMM. #1737411 g g p g p
x ;I NOTARY PUBLIC - CALIFORNIA 05 true and correct.
SAN DIEGO COUNTY ^' SIGNER IS REPRESENTING:
IVIy Comm F-lu APRIL 21, 2011 WITNESS my hand and official seal. NAME OF PERSON(S) on FNT TV(IES)
Signature of Notary -- — -- - —
OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT
THE DOCUMENT DESCRIBED AT RIGHT:
NUMBER OF PAGES DATE OF DOCUMENT
Though the data requested here is not required by law,
it could prevent fraudulent reattachment of this form SIGNER(S) OTHER THAN NAMED ABOVE
S- 122x, "GEFF 10/99 Page 2 of 2
I� POWER OF ATTORNEY
TRAVELERSJ Farmington Casualty Company St. Paul Guardian Insurance Company
Fidelity and Guaranty Insurance Company SL Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company
Seaboard Surety Company Travelers Casualty and Surety Company of America
St. Paul Fire and Marine Insurance Company United Slates Fidelity and Guaranty Company
Attorney -In Fact No. 218004 Certificate No. V O 2 U O 7 V V 5
KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul
Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws
of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are
corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is it corporation duly organized under the
laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and
Guaranty Insurance Underwriters, Inc. is it corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies'*), and that
the Companies do hereby make, constitute and appoint
John G. Maloney, Mark D. latarola, Karen Jean Hall, and Matthew C. Gaynor
of the City of F-,cnnd4fn . State of__ California . their true and lawful Attorney(s)-in -Fact.
each in their separate capacity if more than one is named ahove, to sign, execute, seal and acknowledge any and all bonds, recognizances. conditional undertakings and
other writings obligatory in the nature thereof on behalf' of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of
contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
IN WITNESS WHEREOF, the Companies have caused this instrument to he signed and their corporate seals to be hereto affixed, this _ 1 Oth
day of September 2008
Farmington Casualty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
Seaboard Surety Company
St. Paul Fire and Marine Insurance Company
St. Paul Guardian Insurance Company
St. Paul Mercury Insurance Company
Travelers Casualty and Surety Company
Travelers Casualty and Surety Company of America
United States Fidelity and Guaranty Company
G�61,�( V �Iy `4�Rf� ��M..: MSG �P•�� � ` J'`�r �NQ• 1%P �Ry ,�Y�
Z n,,t9.�:S p � 1977pD 19 1927 •� ° - ;^� a: -._ ,� w�twrm. 9j / /rwtrrau� Oa
State of Connecticut Bv: _ _ — -
City of Hanford ss. Gcorg Thompson. cnior ice President
10th September 2008
On this the -_ day of _ ,before me personally appeared George A'. Thompson, who acknowledged himself'
to he the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance tnderwriters. Inc..
Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company. Travelers
Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as Such. being
authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as it duly authorized officer.
In Witness Whereof, [hereunto set my hand and official seal. �
My Commission expires the 30th day of June, 2011. p�L1p$
01'F
58440 -5 -07 Printed in U.S.A.
IS INVALID WIT
` Marie ('. "Rtrrault. Cvntan Public
CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT
State of California
County of San Diego
On 1/29/09
Personally Appeared
SS.
Before Me D. L. MCFEELY a Notary Public
Name of Notary Public
Jeffrey A. Hinds, President
Name(s) of Signer(s)
F-1
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
D. L. MCFEELY ,
executed the same in his / her / their authorized capacity(ies)
ComrtMulon #F 1613650
c - CaNf
and that by his / her / their signature(s) on the
TNotory
Son Dipo County ty
&'MV
instrument the person(s), or the entity upon behalf
Comm. Explres Oct 16, 2009 ;
of which the persons) 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.
Notary Stamp Signature of Notary Public IL License Number Expires
1613650 10/16/2009
OPTIONAL
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on the document and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title our Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signers Name:
Individual:
Corporate Officer - Title(s):
ElPartner - ❑ Limited General
Attorney -in -fact
Trustee
Guardian or Conservator
ROther:
Signer is Representing
Number of Pages
Right Thumb Print Right Thumb Print
of Signer 1 of Signer 2
' S4
3896-..
Gregory,j. Smith -a tf Y1MM 4`
COUNTY OF SAN DIEGO,'_=
ASSESSOR/ RECORDER/ COUNTY CLERK "'`:'.cot
ASSESSOR'S OFFICE RECORDER/COUNTY CLERK'S OFFICE.
1600 1':uilir Iligllwa%, Rollin 10.7 www.sdarcc.com !600 Pacific Ili,glmil�, Rtnnn 2170
San Diego, C'A92101 24H0 P.O. liox 121750 • San Dic;gn, CA92112 1750
Tel (6 151) 23!- 3771 • F.-IN ;)iI1)) 55 -1056 Tvl. (5719) '217 0502 • Fax (tit!)) :157 I l:i:i
Certificate pursuant to 995.640(a) Code of Civil Procedure
State (?l Culij►rniu I, Gregory J. Smith, County Clerk of the County of San Diego,
County ul'San Diego Jss. State of California, in and for said County DO HEREBY CERTIFY THAT
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
............................................................. ...............................
has been issued a certificate of authority as an admitted surety by the
insurance Commissioner authorizing the insurer to transact surety insurance
in the State of California, and that based on the records in this office, that
authority has not been surrendered, revoked, canceled, annulled, or suspended.
In Testimony Whereof, I have hereunto set my hand affixed the
Seal of said County thiS...1 ZTh ....,day of .. , OCTOBER, 2006 ..............
Deputy
Branch Offices Available To Serve You
CHULA VWFA Ell. CjVON KEARNY MESA
.7.1 1 "F" Street, Suitt-200 1,)M West Main Street. Suitt, 101 5-173 Kearnv Villa Road, 3rd Floor
Chula Vista, C A 111!)10 21,10 1 -:1 Cajun. CA 92020 - .'313; San Diego, CA !)2113 1112
(ill!)) 1982'200 .6l!)) /111 :5700 (8:7(7)5056262
SAN MARCOS
as ! Via Vera C.:ntr, Suit'. tail)
San Marcos, CA :)2009 2638
( %Sill) 940 6868
3896...
PUBLIC WORKS CONTRACT
BETWEEN
THE CITY OF EL SEGUNDO AND
ACE ELECTRIC, INC.
This CONTRACT is entered into this 20th day of January, 2009, by and between
the CITY OF EL SEGUNDO, a general law city and municipal corporation ( "the City ")
and ACE ELECTRIC, INC. ( "the Contractor ").
1. WORK.
A. The Contractor will provide all work required by the Contract Documents
(the "Work "). The Contractor agrees to do additional work arising from
changes ordered by the City in accordance with the Contract Documents.
B. The Contractor and the City agree to abide by the terms and conditions
contained in the Contract Documents;
C. The Contractor will furnish all of the labor; supplies and materials;
equipment; printing; vehicles; transportation; office space and facilities; all
tests, testing and analyses; and all matters whatsoever (except as
otherwise expressly specified to be furnished by the City) needed to
perform and complete the Work and provide the services required of the
Contractor by the Contract Documents.
D. "Contract Documents" means the Notice Inviting Bids; Instructions to
Bidders; Supplementary Instructions to Bidders; Proposal; this Contract;
Standard Specifications; Supplementary Conditions; Exhibits; Technical
Specifications; List of Drawings; Drawings; Addenda; Notice to Proceed;
Change Orders; Notice of Completion; and all other documents identified
in the Contract Documents which together form the contract between the
City and the Contractor for the Work. The Contract Documents constitute
the complete agreement between the City and the Contractor and
supersede any previous agreements or understandings.
2. CONTRACT SUM. The City agrees to pay the Contractor a sum not to exceed Two
Hundred Eighty -Eight Thousand dollars ($288,000.00) for the Work in the manner set
forth in the Contract Documents. The City may adjust this amount as set forth in the
Contract Documents.
3. TIME FOR PERFORMANCE.
A. The Contractor will fully complete the Work within 60 working days (the
"Contract Time. ")
B. The Contract Time will commence when the City issues a notice to
proceed. The Contract Documents will supersede any conflicting
provisions included on the notice to proceed issued pursuant to this
Contract.
C. The Contractor may not perform any Work until:
The Contractor furnishes proof of insurance as required by the
Contract Documents; and
The City gives the Contractor a written, signed, and numbered
purchase order and notice to proceed.
D. By signing this Contract, the Contractor represents to the City that the
Contract Time is reasonable for completion of the Work and that the
Contractor will complete the Work within the Contract Time.
E. Should the Contractor begin the Work before receiving written
authorization to proceed, any such Work is at the Contractor's own cost
and risk.
4. DISPUTES. Disputes arising from this contract will be determined in accordance
with the Contract Documents and Public Contracts Code §§ 10240 - 10240.13.
5. THIRD PARTY CLAIMS. In accordance with Public Contracts Code § 9201, the
City will promptly inform the Contractor regarding third -parry claims against the
Contractor, but in no event later than ten (10) business days after the City receives such
claims. Such notification will be in writing and forwarded in accordance with the "Notice"
section of the Contract Documents. As more specifically detailed in the Contract
Documents, the Contractor agrees to indemnify and defend the City against any third -
party claim.
6. TAXPAYER IDENTIFICATION NUMBER. The Contractor will provide the City with
a Taxpayer Identification Number.
7. PERMITS AND LICENSES. Unless otherwise provided, the Contractor, at its sole
expense, will obtain and maintain during the Contract Time, all necessary permits,
licenses, and certificates that may be required in connection with the Work.
8. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps,
models, photographs and reports prepared by the Contractor under the Contract
Documents are the City's property. The Contractor may retain copies of said
documents and materials as desired, but will deliver all original materials to the City
upon the City's written notice.
2
3896
9. INDEMNIFICATION. The Contractor agrees to indemnify, defend, and hold the City
harmless as set forth in the Contract Documents. The requirements as to the types and
limits of insurance coverage to be maintained by the Contractor as required by the
Contract Documents, and any approval of such insurance by the City, are not intended
to and will not in any manner limit or qualify the liabilities and obligations otherwise
assumed by the Contractor pursuant to the Contract Documents, including, without
limitation, to the provisions concerning indemnification.
10. INDEPENDENT CONTRACTOR. The City and the Contractor agree that the
Contractor will act as an independent contractor and will have control of all work and the
manner in which is it performed. The Contractor will be free to contract for similar
service to be performed for other employers while under contract with the City. The
Contractor is not an agent or employee of the City and is not entitled to participate in
any pension plan, insurance, bonus or similar benefits the City provides for its
employees. Any provision in this Contract that may appear to give the City the right to
direct the Contractor as to the details of doing the work or to exercise a measure of
control over the work means that the Contractor will follow the direction of the City as to
end results of the work only.
11. AUDIT OF RECORDS. The Contractor will maintain full and accurate records with
respect to all services and matters covered under this Contract. The City will have free
access at all reasonable times to such records, and the right to examine and audit the
same and to make transcript therefrom, and to inspect all program data, documents,
proceedings and activities. The Contractor will retain such financial and program
service records for at least three (3) years after termination or final payment under the
Contract Documents.
12. NOTICES. All communications to either party by the other party will be deemed
made when received by such party at its respective name and address as follows:
The City
Dana Greenwood, Public Works Dir
City of El Segundo
350 Main Street
El Segundo, CA 90245
Attn.: Dan Garcia, Assist. City Eng.
The Contractor
Jeffrey A. Hinds, President
Ace Electric, Inc.
P.O. Box 601071
San Diego, CA 92160
Any such written communications by mail will be conclusively deemed to have been
received by the addressee three (3) days after deposit thereof in the United States Mail,
postage prepaid and properly addressed as noted above. In all other instances, notices
will be deemed given at the time of actual delivery. Changes may be made in the
names or addresses of persons to whom notices are to be given by giving notice in the
manner prescribed in this paragraph.
13. NO THIRD PARTY BENEFICIARY. This Contract and every provision herein is for
the exclusive benefit of the Contractor and the City and not for the benefit of any other
3
3896•,.
party. There will be no incidental or other beneficiaries of any of the Contractor's or the
City's obligations under this Contract.
14. INTERPRETATION. This Contract was drafted in, and will be construed in
accordance with the laws of the State of California, and exclusive venue for any action
involving this Contract will be in Ventura County.
15. BUSINESS LICENSE. Unless waived in accordance with Santa Paula Municipal
Code § 110.03(B), the Contractor and all sub - contractors must obtain a City Business
License before executing this Contract.
16. EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity
between any provision of the Contract Documents, precedence will be as follows:
A. This Contract;
B. The Standard Specifications; and
C. Precedence of documents as determined in the Standard Specifications.
17. SEVERABILITY. If any portion of the Contract Documents are declared by a court
of competent jurisdiction to be invalid or unenforceable, then such portion will be
deemed modified to the extent necessary in the opinion of the court to render such
portion enforceable and, as so modified, such portion and the balance of this Contract
will continue in full force and effect.
18. AUTHORITY /MODIFICATION. The Parties represent and warrant that all necessary
action has been taken by the Parties to authorize the undersigned to execute this
Contract and to engage in the actions described herein. This Contract may be modified
by written amendment. The City's city manager, or designee, may execute any such
amendment on the City's behalf.
19. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this
Contract, agreements ancillary to this Contract, and related documents to be entered
into in connection with this Contract will be considered signed when the signature of a
party is delivered by facsimile transmission. Such facsimile signature will be treated in
all respects as having the same effect as an original signature.
20. COVENANTS AND CONDITIONS. The parties agree that all of the provisions
hereof will be construed as both covenants and conditions, the same as if the words
importing such covenants and conditions had been used in each separate paragraph.
21. CAPTIONS. The captions of the paragraphs of this Contract are for convenience of
reference only and will not affect the interpretation of this Contract.
4
3896 . ,
22. TIME IS OF ESSENCE. Time is of the essence for each and every provision of the
Contract Documents.
IN WITNESS WHEREOF the parties hereto have executed this contract the day
and year first hereinabove written.
CITY E UND CONTRACTOR:
WayK Jeffrey A. Inds, P!!5 0t
City Mana r Ace Electric, Inc.
ATTEST:
By:
Cindy ortesen
City Clerk
r
APPROVED A M
MARK D. HE CITY
By:
Karl H. Berger,
Assistant City Att ry
5
Taxpayer ID Number: 75- 3118940
Contractor State
License Number: 835109, C -10, A
Contractor City Business
License Number:
.5 bb0 • J
EXECUTED IN DUPLICATE
BOND NO. 108897975
AIA Document A212 PREMIUM: $3,744.00
Performance B o n d Pramlum Is For contract Term
And Is Subject To Adjustment
Based On Final Contract Price
Conforms with the American Institute of Architects, AIA Document A312.
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address): SURETY (Name and Principal Place of'Business):
ACE ELECTRIC, INC. TRAVELERS CASUALTY AND SURETY
6061 FAIRMOUNT AVENUE COMPANY OF AMERICA
SAN DIEGO, CA 92120 9325 SKY PARK COURT, SUITE 220
SAN DIEGO, CA 92123
OWNER (Name and Address):
CITY OF EL SEGUNDO
350 MAIN STREET
EL SEGUNDO, CA 90245
CONSTRUCTION CONTRACT
Date: January 20 2009
Amount: TWO HUNDRED EIGHTY EIGHT THOUSAND AND NO /100 DOLLARS ($288,000.00)
Description (Name and Location): BRETT FIELD AND SOFTBALL FIELD LIGHTING UPGRADE
PROJECT NO.: PW 08 -15
BOND
Date (Not earlier than Construction Contract Date): January 27 2009
Amount: TWO HUNDRED EIGHTY EIGHT THOUSAND AND NOMOO DOLLARS ($288,000.00)
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT "I.,
State of California
County of _ -SAN DIEGO_ - _ )
On 1/27/2009 -- before me, DEBORAH D. DAVIS, NOTARY PUBLIC
personally appeared _..— _. — — __ ATTHE._C.. _GAYN4R - -- _ —_—
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.
DE80RAWD. DAVIS I I certify under PENALTY OF PERJURY under the laws of
1 COMM. #1737411
•,° o the State of California that the foregoing paragraph is
NOTARY PUBLIC-CALIFORNIA true and correct.
r SAN DIEGO COUNTY p NJ
MY COMM Exp APRIL 21 2011 V
THIS CERTIFICATE MUST BE ATTACHED TO
THE DOCUMENT DESCRIBED AT RIGHT:
Though the data requested here is not required by law.
it could prevent fraudulent reattachment of this form.
JVI \L� i ✓ ✓� ✓,v- ✓c�
S- 1852/GEEF10199
OPTIONAL SECTION �
CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary to
fill in the data below, doing so may prove
invaluable to persons relying on the document.
El INDIVIDUAL
[] CORPORATE OFFICER(S)
r.l LE(S)
PARTNER(S) [] LIMITED
GENERAL
� ATTORNEY -IN -FACT
❑ TRUSTEE(S)
GUARDIAN /CONSERVATOR
F] OTHER:
-
SIGNER IS REPRESENTING:
WITNESS my hand and official seal.
1 NAME OF PERSON(S) OR ENT17Y(IFS)
Signature of Notary \i — — - - - - -- -- - - - - --
�■r OPTIONAL SECTION
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
Page 1 of 2
r_A1 WnawA Al 1 - puRPnSE ACKNOWLEDGEMENT
State of California
County of San Diego
On 1/29/09
Personally Appeared
SS.
Before Me D. L. MCFEELY
Name of Notary Public
Jeffrey A. Hinds, President
Name(s) of Signer(s)
a Notary Public
Qx 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.
-3 b
D. L. MCPEELY
Cortx�N�on # 16136M 1 certify under PENALTY OF PERJURY under the laws of the
Notary Public - C01110"go State of California that the foregoing paragraph is true and correct.
Son DWW County
My Comm. Ex0ft Oct 16,20 WITNESS my hand and official seal.
Notary Stamp Signature of Notary Pu lic License Number Expires
1613650 10/16/2009
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 our Type of Document:
Document Date: Number of Pages
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signers Name:
Individual:
Fj Corporate Officer - Title(s):
F] Partner - F-1 Limited General
Attorney -in -fact
Trustee
Guardian or Conservator
nOther:
Signer is Representing
Right Thumb Print
of Signer 1
Right Thumb Print
of Signer 2
4.1 Arrange t the Contractor, with consent of the Owner, to perform
and co;.:Nlete the Construction Contract; or
4.2 undertake to perform and complete the Construction Contract
itself, through its agents or through independent contractors; or
4.3 Obtain bids or negotiated proposals from qualified contractors
acceptable to the Owner for a contract for performance and completion
of the Construction Contract, arrange for a contract to be prepared for
execution by the Owner and the contractor selected with the Owner's
concurrence, to be secured with performance and payment bonds
executed by a qualified surety equivalent to the bonds issued on the
Construction Contract, and pay to the Owner the amount of damages
as described in Paragraph 6 in excess of the Balance of the Contract
Price incurred by the Owner resulting from the Contractor's default; or
4.4 Waive its right to perform and complete, arrange for completion,
or obtain a new contractor and with reasonable promptness under the
circumstances:
.1 After investigation, determine the amount for which it may
be liable to the Owner and, as soon as practicable after the
amount is determined, tender payment therefor to the
Owner; or
.2 Deny liability in whole or in part and notify the Owner
citing reasons therefor.
5 If the Surety does not proceed as provided in Paragraph 4 with
reasonable promptness, the Surety shall be deemed to be in default on this
Bond fifteen days after receipt of an additional written notice from the
Owner to the Surety demanding that the Surety perform its obligations
under this Bond, and the Owner shall be entitled to enforce any remedy
available to the Owner. If the Surety proceeds as provided in Subparagraph
4.4, and the Owner refuses the payment tendered or the Surety has denied
liability, in whole or in part, without further notice the Owner shall be
entitled to enforce any remedy available to the Owner.
6 After the Owner has terminated the Contractor's right to complete the
Construction Contract, and if the Surety elects to act under Subparagraph
4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner
shall not be greater than those of the Contractor under the Construction
Contract, and the responsibilities of the Owner to the Surety shall not be
greater than those of the Owner under the Construction Contract. To the
limit of the amount of this Bond, but subject to commitment by the Owner
of the Balance of the Contract Price to mitigation of costs and damages on
the Construction Contract, the Surety is obligated without duplication for:
6.1 The responsibilities of the Contractor for correction of defective
work and completion of the Construction Contract;
6.2 Additional legal, design professional and delay costs resulting
from the Contractor's Default, and resulting from the actions or failure
to act of the Surety under Paragraph 4; and
6.3 Liquidated damages, or if no liquidated damages are specified in
the Construction Contract, actual damages caused by delayed
performance or non - performance of the Contractor.
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
38( ".
7 The Surety shall not be liable to the Owner or others for obligati8ns 8f .'
the Contractor that are unrelated to the Construction Contract, and the
Balance of the Contract Price shall not be reduced or set off on account of
any such unrelated obligations. No right of action shall accrue on this Bond
to any person or entity other than the Owner or its heirs, executors,
administrators or successors.
8 The Surety hereby waives notice of any change, including changes of
time, to the Construction Contract or to related subcontracts, purchase
orders and other obligations.
9 Any proceeding, legal or equitable, under this Bond may be instituted
in any court of competent jurisdiction in the location in which the work or
part of the work is located and shall be instituted within two years after
Contractor Default or within two years after the Contractor ceased working
or within two years after the Surety refuses or fails to perform its
obligations under this Bond, whichever occurs first. If the provisions of this
Paragraph are void or prohibited by law, the minimum period of limitation
available to sureties as a defense in the jurisdiction of the suit shall be
applicable.
10 Notice to the Surety, the Owner or the Contractor shall be mailed or
delivered to the address shown on the signature page.
11 Wlien this Bond has been furnished to comply with a statutory or other
legal requirement in the location where the construction was to be
performed, any provision in this Bond conflicting with said statutory or
legal requirement shall be deemed deleted herefrom and provisions
conforming to such statutory or other legal requirement shall be deemed
incorporated herein. The intent is that this Bond shall be construed as a
statutory bond and not as a common law bond.
12 DEFINITIONS
12.1 Balance of the Contract Price: The total amount payable by the
Owner to the Contractor under the Construction Contract after all
proper adjustments have been made, including allowance to the
Contractor of any amounts received or to be received by the Owner in
settlement of insurance or other claims for damages to which the
Contractor is entitled, reduced by all valid and proper payments made
to or on behalf of the Contractor under the Construction Contract.
12.2 Construction Contract: The agreement between the Owner and
the Contractor identified on the signature page, including all Contract
Documents and changes thereto.
12.3 Contractor Default: Failure of the Contractor, which has neither
been remedied nor waived, to perform or otherwise to comply with
the terms of the Construction Contract.
12.4 Owner Default: Failure of the Owner, which has neither been
remedied nor waived, to pay the Contractor as required by the
Construction Contract or to perform and complete or comply with the
other terms thereof.
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company:
Signature: Signature:
Name and Title: Dame and Title:
Address: Address:
S- 1852/GEEF 10 /99 Page 2 of 2
(Corporate Seal)
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
,tA► POWER OF ATTORNEY
TRAVELERSJ Farmington Casualty Company tit. Paul Guardian Insurance Company
Fidelity and Guaranty Insurance Company St. Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company
Seaboard Surety Company Travelers Casualty and Surety Company of America
St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
Attorney -in Fact No. 218004 Certificate No. O O 2 6 O 1 6 8 6
KNOW AI.L MEN BY THESE PRF.SENTS:'chat Seaboard Surety Company is it corporation duly organized under the laws of the State of New York, that St. Paul
Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws
of the State of Minnesota, that Farmington Casualty Company, Travelers Casu:aty and Surety Company. and 'travelers Casualty and Surety Company of America are
corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the
laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and
Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies "). and that
the Companies do hereby make, constitute and appoint
John G. Maloney, Mark D. latarola, Karen Jean Hall, and Matthew C. Gaynor
of the Cite of Escondido —..— .--- ._— .. —_ —, State of -- — California - - - -.— ._ .— _ _ . their true and lawful Attorneys) -in -Fact,
each in their separate capacity if more than one is named above, to sin. execute, seal and acknowledge any and all bonds. recognizances, conditional undertakings and
other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons. guaranteeing the performance of
contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
IN WITNESS WHEREOF. the Companies bare cause(] this instrument to be signed and their corporate seals to he hereto affixed, this 10th _ -_ —_
day of September 2008
— --- -- — — — — — —
Farmington Casualty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
Seaboard Surety Company
St. Paul Fire and Marine Insurance Compam
St. Paul Guardian Insurance Company
St. Paul Mercury Insurance Company
Travelers Casualty and Surety Company
Travelers Casualty and Surely Company of America
United States Fidelity and Guaranty Company
G�SU,� $Il't(: /y `t,w[ 6 �N N,{• .•'•• M54 ~• lY Ay
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"
State of, Connecticut
City of Hartford ss.
By
ce,rg m p.on. eniur ice President
10th September 2008
On this the _ — — —._ —, _ day of — — —_ —. —. —. �.— , —, —..— , before me personally appeared George W. Thotnpson. who acknowledged himself
to he the Senior Vice President of Farmington Casualty Company. Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc.,
Seaboard Surety Company, St. Paul Fire and Marine fnsurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers
Casualty and Surety Company, Travelers Casualty and Surety Company of America. and United States Fidelity and Guaranty Company, and that he, as such, being
authorized So to do, executed the foregoing instrument for the purposes therein contained by Signing on behalf of the corporations by himself as it duly authorized officer
ew*� In Witness VI'hereof, l hereunto set my hand and official seal.
'qty C•onuniSSion expires the 30th day of June.'_O1 1.
58440 -5 -07 Printed in U.S.A.
`Marie U 'Ictreault. tiutan Public
bile, PoNrr of :XIIOJIWy is Lr :rntCd under and M the authurih „( the titllu" ing resolutions adopted by the Boards ul Directors of Farmington Casualty ( trntp:mc. ' :idelit\
and Guarani\ Insurance Cung)an}. I-idelit} and Guarant} Insurance Underwriters, Inc_ Seahuard Surety Comp :ut}. St. Paul Fire and ;ytarine Insurance Company.
St. Paul Guardi:ui Insurance C'ontp:ui}'. St. Paul Mercury Insurance Company, I'rayelcrs Casualty and Suret} C'onipan}. 1'rayelers C'asUalty and Surer Company of
America, and United State, Fidelity and Guarant} Company. which resolutions are noa in full fierce and effect. reading as tiillocys:
RESOLVED. that file Chairman. the Ple-SIIIC11t, any Vice Chairman. any FWCUtice Vice President. am Senior Vice President, any Vice President. any Second Vice
President. the Treasurer. any :1S,i,taum Treasurer, the C'or'porate Secretary or any Assistant Secretary nian appoint Attorneys -in -Fact and Agents to act tar and on behalt
ul the Compauic and mac Bice such appointee Such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the
Conipan }'s seal bonds, recognizances, contacts oC indemnity. and other Ariungs ohligatun in the nature of a bond, recognizance, of conditional undertaking, and any
of ,aid of ices of the Board of Director, at any time nary rrniotr an) such appoimee and INN AC the power given him or her. and it is
FURTHER RF.SOI,VED, that the Chairman. the President. any Vice Chairman. any Executive VICC President, anc Senior Vice President or any Vice President may
delegate all or any part of the foregoing authorit} to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy
thereof is filed in the office of the Secretary: and it is
FURTHER RESOLVED. that any hand, recognizance, contract of indenirim. or writing obligatory in the nature of a bond, recognizance. or conditional undertaking
shall he valid and binding upon the Compan}' Mien (a) signed by the President, any Vice Chairman. an}' Executive Vice President, any Senior Vice President or any Vice
President, any Second Vice President, the Treasurer, any Assistant Treasttrer, the CorTiorate Secretary or any Assistant Secretar} and duly attested and sealed with the
Company's seal by a Secretary or Assistant Secretan.; or (h) duly executed (under seal. if required) by one or more Attorney, -in -Fact and Agents pursuant to the power
prescribed in his or her Certificate or their certificates of authority or by one or more Company officers pusuant to a written delegation of authority: and it is
FURTHER RESOLVED, that the signature of each of the billowing otticCCS PWIRICnl, any Executive Vice President. auly Senior Vice President, any Vice President,
any Assistant Vice President. an} Secretary. any Assistant Secretary, and the seal of the Contpan} nma he affixed h} facsimile to an} power of attorney or Ri :sty certificate
relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Atiorne}sin -Fact fur purposes ooh of executing and attesting bonds and
undertakings and other µritings ohligatoi\ in the nature thereof, and an}' Such power ut atturnex or certificate hearing such fnesimile signature ur facsimile seal shall he
valid and hinding upon the Company and any such power so executed and Certified by arch facsimile signature and facsimile seal ,hall he valid and hinding on the
Coutpam in the future with respeCt w any bond of understanding to which it is attached.
I. Kori M. Johanson. the undersigned. Assistant Secretary. of Farmington Casually C'ompam'. Fidelity and Guaranty InsurancC Company. Fidelity and Guaranty Insurance
Ihtdcrµriters. Inc.. Seaboard Surety Company. St. Paul Dire and Marine Insurance C'onipan}. St. Paul Guardian Insurance Company, St. Paul Mercur}' Insurance
C onipani . Traveler, C'astcaty and Surely Company, 'I ravelers Casualty and Surety Company of America, acrd United States Fidelity and Guaranty C'ompan} do hereby
certifc that the ahoye and torcguim,, is a true and correct copy of the Power ul'Attorne} executed by said Companies, which is in full tierce and effect and has not been
revoked.
IN TI' :S'I'INIONY WHEREOF'. 1 lace hereunto set niy hand and atiixed the seals of said Companies this _ 27TH din if JANUARY- . ,o 09,
z Johansc Assistant Secretan — — –
� � ., ..... ;G,y oP. _... q ♦ qi" r Je Weis), '� � �1 9826 0 2 �ORAttD 927 T' �! e'.n jw. :�00.PO4A lf.:_ nt �P .7 �r}j
y� (Z , i c HARTFORD. < J Hl4tFOM,
1'o yeriti (tie authenticity of, this Power of Attorney, call 1 -SOt1- -121 -3SW or Contact us at wwwuayelershond . cmn. Please refer to the Attorney-In-Fact number, the
above- n:uried indk iduals and (he detail, of the bond to which the power i, attached.
THIS POWER OF ATJ()t;fVEv 'S ICNA.LID 1ti''HUUT THE RED BORDER
EXECUTED IN DUPLICATE
LABOR AND MATERIAL PAYMENT BOND Bond No. 108897975
Conforms with The American Institute of Architects PREMIUM INCLUDED IN PEWOM"NCE BOND
A.I.A. Document No. A -311
THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE
OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT
KNOW ALL BY THESE PRESENTS: that
ACE ELECTRIC, INC.
6061 FAIRMOUNT AVENUE
SAN DIEGO, CA 92120
as Principal, hereinafter called Principal, and,
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
9325 SKY PARK COURT, SUITE 220
SAN DIEGO, CA 92123
as Surety, hereinafter called Surety, are held and fimily bound unto
CITY OF EL SEGUNDO
350 MAIN STREET
EL SEGUNDO, CA 90245
(Here insert full name and address or legal title of Contractor)
(Here insert full name and address or legal title of Surety)
(Here insert full name and address or legal title of Owner)
as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of Two Hundred
Eighty Eight Thousand and 00/ 100------------------------------ - - - - -- Dollars (S 288,000.00
for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and
severally, firmly by these presents.
WHEREAS,
Principal has by written agreement dated JANUARY 20 2009 , entered into a contract
with Owner for BRETT FIELD AND SOFTBALL FIELD LIGHTING UPGRADE
PROJECT NO. PW 08 -15 (Here insert full name, address and description of project)
in accordance with Drawings and Specifications prepared by
(Here insert full name and address or legal title of Architect)
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
S- 1220/GEEF 10/99 Page 1 of 2
LABOR AND MATERIAL PAYMENT BOND 108897975
NOW, THEREFORL, THE CONDITION OF - I'li1S 0131AGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter
defined, for all labor and material used or reasonable required for use in the performance of the Contract, then this obligation shall be � oid; otherwise it shall
remain in full force and effect, subject, hov\ ever, to the following conditions:
I. A claimant is defined as one havine a direct contract with the
Principal or with a Subcontractor of the Principal for labor, material, or
both, used or reasonably required for use in the performance of- the
Contract, labor and material being construed to include that part of water,
gas, power, light, heat, oil, gasoline, telephone service or rental of
equipment directly applicable to the Contract.
2. The above named Principal and Surety hereby jointly and
severally agree with the Owner that every claimant as herein defined, who
has not been paid in full before the expiration of a period of ninety (90)
days after the date on which the last of such claimant's work or labor was
done or performed, or materials were furnished by such claimant, may sue
on this bond for the use of such claimant, prosecute the suit to final
judgment for such sum or sums as may be justly due claimant, and have
execution thereon. The Owner shall not be liable for the payment of any
costs or expenses of any such suit.
were furnished. or for whom the ,vork or labor %was done or performed.
Such notice shall be served by mailing the same by registered mail or
certified mail, postage prepaid, in an envelope addressed to the Principal,
Owner or Surety', at any place where an office is regularly maintained for
the transaction of business, or served in any manner in which legal process
may be served in the state in which the aforesaid project is located, save
that such service need not be made by a public officer.
b) After the expiration of one (1) year following the date on which Principal
ceased Work on said Contract, it being understood, however, that if' ane
limitation embodied in this bond is prohibited by any law controlling the
construction hereof such limitation shall be deemed to be amended so as to
be equal to the minimum period of limitation permitted by such law.
c) Other than in a state court of competent jurisdiction in and for the county
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT No 5193
State of California
County of SAN DIEGO_ ` - --
On .1/27/2009 before me. DEBORAH D. DAVIS, NOTARY PUBLIC
personally appeared _ _ _ _ _.._. _. .__ _ MATTHEW C. GAYNOR
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.
DEBORAH D. DAVIS
COMM. (#1737411 z
•'A nj NOTARY PUBLIC- CALIFORNIA N
SAN DIEGO COUNTY
Ivly Comm E�f APRIL 21, 2011
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature of Notary
OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT
THE DOCUMENT DESCRIBED AT RIGHT
Though the data requested here is not required by law,
it could prevent fraudulent reattachment of this form.
OPTIONAL SECTION
CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary to
till in the data below, doing so may prove
invaluable to persons relying on the document
❑ INDIVIDUAL
CORPORATE OFFICER(S)
E] PARTNER(S) [] LIMITED
EJ GENERAL
® ATTORNEY -IN -FACT
❑ TRUSTEE(S)
F1 GUARDIAN /CONSERVATOR
R OTHER: .. — — - - -- — --
SIGNER IS REPRESENTING:
NAME OF PI- RSON(S) OR ENnTY(IES
NUMBER OF PAGES DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
S- 1226 -GFEF 10199 Page 2 of 2
EY IS INVALID
POWER OF ATTORNEY
TRAVELERS) Farmington Casualty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
Seaboard Surety Company
St. Paul Fire and Marine Insurance Company
Attorney -In Fact Nu. 218004
St. Paul Guardian Insurance Company
St. Paul Mercury Insurance Company
Travelers Casualty and Surely Company
Travelers Casualty and Surety Company of America
United States Fidelity and Guaranty Company
Certificate No. 0 0 2 6 0 7 6 8 5
KNOW ALL MEN B}' THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul
Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws
of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are
corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is it corporation duly organized under the
laws of the State of Maryland, that Fidelity and Guaranty Insurance Cunpany is it corporation duly organized under the laws of the State of Iowa, and that Fidelity and
Guaranty Insurance Underwriters, Inc. is it corporation dub organized under the laws of the State of Wisconsin (herein collectively called the "C'ompanies "1, and that
the Companies do hereby make• constitute and appoint
John G. Maloney, Mark D. latarola, Karen Jean Hall, and Matthew C. Gaynor
of the City of — _Eyronrlido ___— ,_ ___._ State of - -...— C rlifornia — ___.._ — . their true and lawful Attorneylsl -in -Fact.
each in their separate capacity if more than one is named above, to sign, execute. seal and acknowledge any and all bonds, recognizances, conditional undertakings and
other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance Of
contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
10th
IN WITNESS WHEREOF. the Companies have caused this instrument to be signed and their corporate Seals to he hereto affixed. this _..__ _. —
day of __. September _ _ 2008
Farmington Casualty Company St. Paul Guardian Insurance Company
Fidelity and Guaranty Insurance Company SL Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company
Seaboard Surety Company Travelers Casualty and Surety Company of America
St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Compare
CI.SUq SI:tEIr. t,0.E 6 1.M IM,S• � '�� ,HSU�'t '�1 ♦ +Np _�,�i'(
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19e: o G
S n � . o Carlrt Y N 896 ,
i � �N �,/ � ni'pF r�EW� s�,w. wc< JS .•A�va of ... ..•�a � +° � � d
State of Connecticut
City of Hanford ss.
(leorg 7hompsun, enior ice President
10th September 2008
On this the — ,..day Of . before me personal)), appeared George W. Thompson, who acknowledged himself
to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters. Inc..
Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company. Travelers
Casualt) and Surety Company. Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that tic, as such, being
authorized so to do, executed the foregoing instrument for the purlwseS therein contained by Signing on behalf of the corporations by himself as it duly authorized officer.
In Witness Whereof, I hereunto Set nn hand and official seal.G.
My Commission expires the 30th day of June. 2011
58440 -5 -07 Printed in U.S.A.
WARNING: THIS POWER OF ATTORNEY
`,Llaric C 1'ctrrauh, Nwarc Publu
This Power of Attorney is granted unefer and by the authority of the IoIIo++ing IC, )It titIRS adopted by the Boards Of t)iiecior, of' I•arnnn, :toit CaStialt ('On)p:u)y, IlueIit\
Mid Guivanta Insurance ( un[pan), I'idellt) and Gudr:mty Insurance Under'Amers. Inc_ Seaboard Surety Compan). St. Paul HIC and Marine Insurance Company.
St. Paul Guardian Insurance Company, St. Patti Mercury Insurance Company, 'Fiawle) :s Casuals and Surety Clanpam 'I'iioclers Casualty and Surety Company Of
America. and l'oote'd .State, Fidelity and Guaranty Company. which re,olutions arc now in full force and effect. reading as follows
RESOLVED. that (fie Chairman, the President, any Vice Chairman, ;Illy Fx Cuti\c Vice 1'reside111, an) Senior Vice President. any Vice President, any SCCOnd Vice
President. the 1'reasurer. any Assistant Treastnrr. the Cor'por'ate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act fix and On behalf
Of the COn[piuty and stay fee such appointee Such authority as his or her certificate of authorit+ may prescribe to seen with the Company', name and Seal with the
Company S seal bond,. recogniztmces. Contracts of indetimil) and Other ccriti1w, ohfigator,, in the nature of it bond, rerOLnirancC, Or Conditional undertaking. and any
of Said Officers or the BO:ud of r)ireculr, to any tints may renwce am such appointee and reroke the power _,hell him Or her. and it i,
FURTHER RESOLVED. that the Chairman, the President. any, Vice Chairman. any Execuirte Vice President. an) Senior Vice Piesidem or :my Vice President may
delegate all or any part of the foregoing authorit) to one or more officer, ur employee, of this Company pim ided that each such delegation is in writing and a copy
thereof' is filed in the office (it' (fie Secretary. ;md it is
FURTHER RESOLVED. that any bond. recognizance, Contract Of indenuiit, Or writing Ohligaory in the nature of a bond, recognizance, or conditional undertaking
shall he valid and binding upon the Company when (it) signed h) the President, any Vice Chairman, an) Fxeeutiye Vice President, any Senior Vice President or any Vice
President, any Second Vice President, the 'Treasurer, an) Assistant Treasurer. the Corporate Secretary or any Assistant Secretary and duly attested and scaled with the
Company's seal by it Secretary or Assistant Secretary: or (h) duly executed (undCr Seal, if required) by One or inure Attorneys -in -Fact all(] Agents pursuant to the power
prescribed in his or her certificate or their certificates of authority Or by One Or more Company officers pursuant to it written delegation of authority: and it is
FURTHER RESOLVED, that the Signature of each of the following officers: President, any Fxecutiye Vice President, any Senior Vice President, any Vice ['resident,
any Assistant Vice President, any Se•cretan, any Assistant Sccretar), and the seal of the Company may he idtixed by h[csimile t(, any power of attorney or to any certificate
relating thereto appointing Resident Vice Presidents. Resident Assistant Secretaries or Attorney's -in -Fact for purposes only Of executing and attesting bonds and
undertakings and other writings obligatory in the nature thereof, and an) such power of attorney Or certificate bearing such facsimile signature or facsimile Seal shall be
valid and hinding upon the Company and at)) site)) power ar executed and CertifiCd by such facsimilC signature and facsimile seal shall he valid and binding on the
Company in the finure with respect to ally bond ur understanding to which it is attached.
I. Kuri NI. JollanSOn, the (Inder :sieved, .Assistant Secretan, of Farmlim` on Casuals C•O)npim) Hdelit) and Guaranty Insurance COMIMM. Fidelity and Guaranty Insurance
Underwriters. Inc., Seaboard Surety Company. St. Paul Fire and Nlarine Insurance Company, SL Paul Guardian Insurance Con)pany, St. Paul Mercury' Insurance
Company, "Travelers Casualty and Surety Company, Travelers Casualty and Surety Company ofAmerica, and United States Fidelity and Guaranty Company do hereby
certify that the ahove and towgoing i, a true and correct copy of the Power of Attorney executed by said Companies. which is in full force and effect and has not been
revoked.
IN TES1I110VY 1VHERF.OF. i htne hereunto Set in) hand and affixed the .Seals of said Companies this 27TH_ _ day of , ._JANUARY _ • 20 _ 09
z lohansc Axsi.,taut Secretary —
IW
° i �ORPOC4TT: -:.P S
Yy`'t[L�aa 1977 g ' 1927 6�� z r -._ o i narrFaro. � �PUmFOtio,� � "'�
t bE �9Jr� N s. �.SF :ALio�� EJLL o CONN. n�Q n 1896
. ,,rr ! t� ?'oFrhvt'� '�: : :. ": e � zs�_x+v'f f �.s.......•��,� yob '� e f
AIN�
TO verify file authentiCity (it this Power of Attorney, call 1- 800 -421 -1880 of contact its of wwyv.uayelershond.com. Please reter to file Attorney -In -Fact number, the
ahoye -maned intlieiduals and the details Of the bond to which the pO+aer IS attached.
WARNING THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
PAi icnpwe Al 1 _01112PnsF oCKNC1WLEDGEMENT
State of California
SS.
County of San Diego
On 1/29/09 Before Me D. L. MCFEELY a Notary Public
Name of Notary Public
Personally Appeared Jeffrey A. Hinds, President
Name(s) of Signer(s)
Qx 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
D. L. MCFEELY executed the same in his / her / their authorized capacity(ies)
Cornm"on 0 1613630 and that by his / her / their signature(s) on the
Notory Public - Colifornlo - instrument the person(s), or the entity upon behalf
Son Dlego County
My Comm. ExpireaOct 16, 2009 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.
LAM ' I " —
Notary Stamp Signature of Notary Public License Number Expires
1613650 10/16/2009
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 our Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signers Name:
Individual:
Corporate Officer - Title(s):
nPartner - E] Limited General
Attorney -in -fact
Trustee
Guardian or Conservator
n Other:
Signer is Representing
Number of Pages
Right Thumb Print
of Signer 1
Right Thumb Print
of Signer 2
3896...
Gregory J. Smith ° `` * " `e'�,,
COUNTY OF SAN DIEGO;''`
ASSESSOR/ RECORDER/ COUNTY CLERK
AsSE.S.SOR'S OFFICE RECORDER/COUNI-Y CLERK'S OFFICE
1600 Pacific Ifitimax, Runt IWl www.sdarec.com 1f ;0U Pae;fic Ili�h+ea +, liouut YGU
San Uit -go, CA 1221'11 21K(I PO. $un 12175(1 • San Di,-go. CA 92112 1750
Trl. ((;1!f) 23t- x771 • I'ax (f;l!f) .557 io.5 ; li 1. (1)14)) 247 0.1(12 • Fax (til!1) :i:i7 Il:i
Certificate pursuant to 995.640(a) Code of Civil Procedure
Stale (?j'('uliij6rniu 1, Gregory J. Smith, County Clerk of the County of San Diego,
C'ounly of San Diego /ss. State of California, in and for said County DO HEREBY CERTIFY THAI'
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
............................................................. ...............................
has been issued a certificate of authority as an admitted surety by the
insurance Commissioner authorizing the insurer to transact surety insurance
in the State of California, and that based on the records in this office, that
authority has not been surrendered, revoked, canceled, annulled, or suspended.
In Testimony Whereof, I have hereunto set my hand affixed the
Seal of said Countv this ... 17.TH .....day of ... ggTOSER,_ . 2006.... _ ... • .. • . •
LIN
�.. ....1............
Deputy
Branch Offices Available To Serve You
CHULA VISTA EI. CAJON KEARNY MESA
1•11 "1' Stre•ot, Suite• 201) 198 wem Main Street, Suite, 101 517:4 hearnc Villa Road, :3rd Floor
Chula Vista. ('A !11!110 21, N, I•:I Cajun. ('A !)2020-331f; San Dingo, CA 92113 11 12
V)8 200 161!)) .}(111700 (858) 50.5 6262
SAN MARCOS
i3l Via Vera (,'rur, Suitr 150
San Marcos, (CA 9201;!)'21;311
(71 ;0) 9)10 liw) -s