CONTRACT 3978 Other CLOSEDCity of El Segundo
Residential Sound Insulation Program
Contract Number 3978
Residential Sound Insulation Program Contract
between
The City of El Segundo
and
Big West Construction Corporation
This Contract is entered into this 19th day of August, 2009, by and between the City of El
Segundo, a general law city and municipal corporation ( "City") and Big West Construction
Corporation ( "Contractor ").
1. Work
A. The Contractor and the City agree to abide by the terms and conditions contained
in the Contract Documents;
B. The Contractor must 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 install all products and provide all services
required of the Contractor by the Contract Documents (the "Work ").
C. The Contractor agrees to do additional work arising from changes ordered by the
City in accordance with the Contract Documents.
D. "Contract Documents" means the Notice Inviting Sealed Bids; Instructions to
Bidders; the accepted Bidding Documents; this Contract; Specifications; Plans;
Addenda; Notice of Award; Notice to Proceed; Requests for Information;
Requests for Change Orders; 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 Six hundred and twenty -three
thousand, five hundred and two dollars ($623,502) 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 in accordance with the Construction
Schedule (the "Contract Time ").
RS1 09 -14 (Group 3 /)
City of El Segundo
Residential Sound Insulation Program
Contract Number 3978
MRW
B. City may, but is not required to, allow time extensions or alterations to the
Construction Schedule if Contractor causes a delay in City issuing a Notice to
Proceed.
C. The Construction Schedule will supersede any conflicting provisions included on
the notice to proceed issued pursuant to this Contract.
D. The Contractor must not perform any Work until:
i. The Contractor furnishes proof of insurance as required by the Contract
Documents; and
ii. The City gives the Contractor a Notice to Proceed.
E. 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.
F. 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. Taxpayer Identification Number
The Contractor will provide the City with a Taxpayer Identification Number.
6. 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.
7. 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.
8. Indemnification
The Contractor agrees to indemnify 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
2 RSI 09 -14 (Group 37)
City of El Segundo
Residential Sound Insulation Program
Contract Number 3978
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.
9. 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.
10. 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.
11. 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:
City
RSI Program
City of El Segundo
City Hall
350 Main Street
El Segundo, CA 90245
Contractor
Big West Construction Corporation
2691 Richter Avenue
#123
Irvine, California 92606
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 who notices are to be given by giving notice in the manner
prescribed in this paragraph.
RSI 09 -14 (Group 37)
City of El Segundo
Residential Sound Insulation Program
Contract Number 3978
MW
12. NO THIRD PARTY BENEFICIARY
This Contract and every provision herein are for the exclusive benefit of the Contractor
and the City and not for the benefit of any other party. There will be no incidental or
other beneficiaries of any of the Contractor's or the City's obligations under this Contract.
13. 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
Los Angeles County.
14. 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. Precedence of documents as determined in the Conditions of the Contract.
15. 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.
16. 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.
17. 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.
4 RSI 09 -14 (Group 37)
Adak City of El Segundo
Residential Sound Insulation Program
Contract Number 3978
18. 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.
19. CAPTIONS
The captions of the paragraphs of this Contract are for convenience of reference only and
will not affect the interpretation of this Contract.
20. Time is of Essence
Time is of the essence for each and every provision of the Contract Documents.
[Signatures on next page]
RSI 09 -14 (Group 37)
City of El Segundo
Residential Sound Insulation
Contract Number .3 y, a
IN WITNESS WHERE OF the parties hereto have executed this contract the day and year first
hereinabove written.
City:
LIM
Attest:
By:
Cindy gortesen rt
City Clerk
APPR< x n". t r '
MARk 9 t ATTORNEY
By.
Ka.,, i
As.i,.
,i
Contractor:
By:
Thomas R. Carr
Vice President
Taxpayer ID Number: 3 Sj - 3 !o W q- S g 2
State License Number: 812085
City Business License Number: 29272
6 RSI 09 -14 (Group 37)
BOND PREMIUM IS SUBJECT TO CHANGE BASED ON FINAL CONTRACT PRICE
r BOND PREMIUM IS $8,762.00
BOND ISSUED IN TRIPLICATE
City of El' Segundo
Residential Sound Insulation
FAITHFUL PERFORMANCE BOND
Bond No. 2081242
Bond Fee: N/A
3978•,.,;
BIG WEST CONSTRUCTION CORPORATION . as principal ( "PRINCIPAL ") and
NORTH AMERICAN SPECIALTY INSURANCE COMPANY , a corporation incorporated under
the laws of the State Of NEW HAMPSHIRE and licensed by the State of
California to execute bonds and undertakings as sole surety, as surety ( "SURETY'% are held and
firmly bound unto the City of El Segundo ("CITY") in the sum of
SIX HUNDRED TWENTY THREE THOUSAND FIVE HUNDRED TWO AND 00/100 dollars ($623,502.00 ),
(.words)
lawful money of the United States, which may be increased or decreased by a rider hereto
executed in the same manner as this bond, for the payment of which sum PRINCIPAL and
SURETY bind themselves, their successors, and assigns, jointly and severally, by this
instrument,
PRINCIPAL or SURETY will apply this bond for the faithful performance of any and all of the
conditions and stipulations set forth in this bond, Contract Documents for Group - WI
09 _ 14 of,the City of El'Segundo's Residential Sound Insulation Program ('PROTF -Cr) and
Contract 3978 executed for such Project. In the case of any default in the performance of
the conditions and stipulations of this undertaking, it is agreed that PRINCIPAL or SURETY
will apply the bond or any portion thereof, to the satisfaction of any damages, reclamation,
assessments, penalties, or deficiencies-arising by reason of such default.
Bond Conditions
1. PRINCIPAL will construct the improvements identified in the Contract Documents for
the PROJECT, copies of which are on file in the CITY's Residential Sound Insulation
Program offices. Such performance will be in accordance with the requirements of the
Contract Documents which are made a part of this bond by reference,
2. PRINCIPAL's work on the PROJECT will be done in accordance with the requirements
of the Contract Documents for the PROJECT and with permits issued by the CITY.
Should PRINCIPAL fail to complete, all required work within the time allowed, CITY
may, at its sole discretion, cause all required work to be done and the parties executing
the bond will be firmly bound for the payment of all necessary costs therefor.
3. PRINCIPAL will guarantee its work against any defective work, labor, or materials on
the PROJECT for a period of one (1) year following the PROJECT's completion and
acceptance by the CITY.
4. PRINCIPAL will pay for all materials and other supplies, for equipment used in, on, for
or about the performance of Shc.P><ajectr and ivilk l'a5� for- all -work anr� lal,nr then
Faithful Performance Bond 1 Last Wdi#ied: April 22, 2009
3978 . , , j
• ' . City of E1 Segundo
Residential Sound Insulation Pragram
5. This bond is conditioned upon and guarantees due compliance with all ap plicable law
including, without limitation, the El Segundo Municipal Code ( "ESMC").
6. StMETY, for value received, agrees that no changes, extensions of time, alteration or
modification of the Contract Documents, or of the obligation to be performed will in any
way affect its obligation on this bond, and it waives notice of any such change, extension
of time, alteration or modification of the contract documents or of the obligation to be
performed.
7. This bond consists of this instrument; the Contract Documents identified above; and the
following two (2) attached exhibits all of which are incorporated herein by reference:
A. A certified copy of the appointment, power of attorney, bylaws or other
instrument entitling or authorizing the persons executing this bond to do so; and
B. 'A certificate issued by the county clerk for the county in which SURETY's
representative is located conforming. with California Code of Civil Procedure
§995.640 and stating that SURETY's - certificate of authority has not been
surrendered, revoked, cancelled, annulled, or suspended, or in the event that it
has, that renewed authority has been granted.
8. Should PRINCIPAL perform its obligations within the time allowed, P>Er.)•NCIPAL's
obligation will be void upon the acceptance of the performance by CITY; otherwise this
obligation will remain in full force and effect.
SIGNED AND SEALED this 21 ST day of AUGUST
XEST CONSTRUCTION CORP RATION NORTH AM C
PIPs President SLW
P C
PRINCIPAL's Secretary Sulu
NOTE: A {.L signatures must be acknowledged by a notary public.
PRINCIPAL's Mailing Address
2691 RICHTER AVE., STE. 123
IRVINE, CA 92606
TY INSU NCE COMPANY
YUNG T. MULLICK,
ATTORNEY -IN -FACT
S Secretary
SURETY's Mailing Address
701 S. PARKER ST., STE. 3800
ORANGE, CA 92868
2 Last Modified: April 22,201
3978.E
coat outt-tiant to 99$.W(i code of CIA f$'� ut
DEAN C. LOGAN , County Clerk of the County
State of California, in and for said County
0f
DO HEREBY CERTIFY THAT ('
has a certificate of authority as an adsnviwG surety - -
Insurance f California, and that b sed the on'the ecords shown n the�Deca celled of
the State o has not been surrendered, revoked, canceled,
Insurance website, that authority
annulled, or suspended. ha my hand and affixed the seal of
In Testimony Wher, llrIv0*11
Mid County on&PA-IL _
� i,,,,_, COUNTY CLERK
T. PEREA Dquty County Clerk
BY'
3978
� i i�aie pujsti�ni i® M.Wial) lode 61 ma Pfaued' ute
DE=AN C. UQPA_W—_____ , County Clerk of the Count
State of Califomia, in and for said County
t9i
D0 HEREBY CERTIFY THAT
� �c. , `� -,►ate ° ('n .
t insurance in
has a certificate of authority as and frill''
insurance Commissioner authorizing the in.>urt -r to transact surety
the State of California, and authority has not been surrendered. revoked, canceled of
Insurance webstte, that
annulled, or suspended. h,��� my hand and affixed the seal of
In Testimony WheA jjIJ-t jV
said County on
COUNTYCLERK
A pv
T. PER puty County Clerk
BY'
3978.
ACKNOWLEDGMENT
State of California
County of Orange )
On August 21, 2009 before me, Christine T. Hoang, Notary Public
(insert name and title of the officer)
personally appeared V..-- ,r Mullick
who proved to me on the basis of satisfactory evidence to be the person( -) whose name(x) Way&
subscribed to the within instrument and acknowledged to me that he%ei executed the same in
hisk*d &je c authorized capacity(*, and that by his/teAka c signature(8) on the instrument the
person(g), or the entity upon behalf of which the person(i) 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 ha d and official seal.
I
Signature
(Seal)
dh
o "+M,� CHRISTINE T. HOB ANG
° COMM, N 1827909 ;V
w NOTARY PUBIJUXIFORNIA X
ORANGE COUNTY N
,q MY OM hiku DEC 23, 2012
f • j
3978 .
NAS SURETY GROUP
NORTH AMERICAN SPECIALTY INSURANCE COMPANY
WASHINGTON INTERNATIONAL INSURANCE COMPANY
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under
laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International
Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of
Itasca, Illinois, each does hereby make, constitute and appoint:
JENNIFER C. GIBONEY, JAMES W. MOILANEN, YUNG T. MULLICK,
CHRISTINE T. HOANG and P. AUSTIN NEFF
JOIN'T'LY OR SEVERALLY
Its true and lawful Attorney(s) -in -Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings
obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by
law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the
amount of
TWENTY -FIVE MILLION (525,000,000.00) DOLLARS
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of
Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held
on the 2e of March, 2000:
"RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President,
the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named
in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them
hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is
FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any
certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be
binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached."
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Steven P. Andersen, Presilent &Chlerlxeeuihe()rfleer of A ashiiton International Insurance Company
& Senior Vice President of North American Specialty Insurance Company
?'•O -'M
SEA' n
'S;`•NAMp......
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Uaaid Al. Layman, Senior Vice Presider of Washington Inert tonalInasrance Company
iuwxt
& Vice President of North American Specialty Insurance Company
IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company
official seals to be hereunto affixed, and these presents to be signed by their authorized officers this L0th day of February
North American Specialty Insurance Company
Washington International Insurance Company
State of Illinois
County of Du Page ss:
have caused their
2009 .
On this 20th day of February 20 09 before me, a Notary Public personally appeared Steven P. Anderson , President and CEO of
Washington Intemational Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Lavman ,
Senior Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company,
personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and
acknowledged said instrument to be the voluntary act and deed of their respective companies.
y01 A'Y�.vWS e
ANA D. SKLEM
Notary Public, State of I incti.
MY CommiaaioaBxpiies 1 1
Donna D. Sklens, Notary Public
I, James A. Carpenter the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington
International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North
American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect.
IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 21ST day of AUGUST —20 09 .
James A. Carpenter, Vice President & Assistant Sevetary of Washington International Insurance Company &
North American Specialty Insurance Company
i Q
ACKNOWLEDGMENT
State of California
County of C>~Ole } ss.
6
On o�/.2�/�►y before me, rn►na
Notary Puf3lic, person Ily appearedak -
c o /7ty
who proved to me on the basis of satisfactory evidence
name(e) WaFe subscribed to the within instrument and
he/she /they executed the same in N ieMer /NieW authorized
We/her/t si; signatures(.&) on the instrument the person(6)
which the person(.&) acted, executed the instrument.
to be the person(.&) whose
acknowledged to me that
capacity(iss), and that by
or the entity upon behalf of
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.
_ YOUNG SUK KIM
rrnn _ COMM. # 1751626 rn
u! NOTARY PUBLIC -CALIFORNIA N
\MY CO MRAEXP. J�NET18 2D11 -
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Signatur,
OPTIONAL INFORMATION
Date of Document
Type or Title of Document
Number of Pages in Document
Document in a Foreign Language
Type of Satisfactory Evidence:
Personally Known with Paper Identification
X Paper Identification
Credible Witness(es)
,✓!Aq
Capacity of Signer:
Trustee
Power of Attorney
CEO /CFO /COO
X Pre6nt / Vice - President / Secretary / Treasurer
Other;/
Other Information:
-e->
Thumbprint of Signer
Check here if
no thumbprint
or fingerprint
is available.
3978 .
CALIFORNIA
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State of California
I
County of ss.
1
On _8-2N, o9 before me, 906LAn oarl-9,6el
Date Name6fid Title of Officer (e.g., "Jane Doe, Notary Public")
personally appeared / C'�/Y�/i . /)rr
Name(s) of Signer(s)
R08YN J. /1RR.E
C881of1 fR 178.1728
�fory ►tdfic . cop —
Oman" cour ft
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) Cpersonally known to me
❑ 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.
WITNESS my hand and official seal.
Place Notary Seal Above
ignature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached
Title or Type of Document: _
Document Date: kCUA L 21 2 )C% Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s): _
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
• Guardian or Conservator
• Other:
Signer Is Representing
RIGHT THUMBPRINT
OF SIGNER
•• of thumb here
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s): _
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing
RIGHT THUMBPRINT
OF SIGNER
.. of . here
- Chatsworth, CA 91313-2402 Item No. 5907 Reorder: Call Toll-Free C 2004 National Notary Association - 9350 De Soto Ave., Ro. Box 2402
:11
BONG PREMIUM IS INCLUDED IN PERFORMANCE BOND v
BOND ISSUED IN TRIPLICATE
City of El Segundo
Residential Sound Insulation Program
LABOR AND MATERIALS BOND
BIG WEST CONSTRUCTION CORPORATION
NORTH AMERICAN SPECIALTY INSURANCE COMPANY
Bond No. 2081242
Bond Fee: N/A
as principal CPRINCIPAL ") and
a corporation incorporated under
the laws of the State of NEW HAMPSHIRE and licensed by the State of
California to execute bonds and undertakings as sale surety, as surety ( "SURETY"), are held and
firmly bound unto the City of El Segundo ( "CITY ") in the sum of
SIX HUNDRED TWENTY THREE THOUSAND FIVE HUNDRED TWO AND 00 /100dollarS (S 623,502.00
(words) ,
lawful money of the United States, which may be increased or decreased by a rider hereto
executed in the same manner as this bond, for the payment of which sum PRINCIPAL, and
SURETY bind themselves, their successors, and assigns, jointly and severally, by this
instrument.
This bond is conditioned upon and guarantees payment by PRINCIPAL to contractors,
subcontractors, and persons renting equipment; payment by PRINCIPAL and all PRINCIPAL'S
subcontractors for all materials, provisions, provender, or other supplies, and equipment used in,
upon, for or about the performance of the work contemplated in the Contract Documents for
Group 37 (R ;I 09 _ 14 of the City of El Segundo's Residential Sound Insulation Program
( "PROJECT") and Contract 3978 executed for such Project, and for all work or labor of
any kind performed for the Project.- In the case of any default in the performance of the
conditions and stipulations of this undertaldng, it is agreed that PRINCIPAL or SURETY will
apply the bond or any portion thereof, to the satisfaction of any damages, reclamation,
assessments, penalties, or deficiencies arising by reason of such default.
Bond Conditions
1. PRINCIPAL will construct the improvements identified in the Contract Documents for
the PROTECT, copies of which are on file in the CITY's Residential Sound Insulation
Program offices, Such performance will be in accordance with the requirements of the
Contract Documents which are made a part of this bond by reference.
2. PRINCIPAL will pay all contractors, subcontractors, and persons renting equipment.
3. PRE4CirAL will pay for all -materials- and other supplies, *for equipment used in, on, for
or about the performance of the Proj ect, and will pay for all work and labor thereon.
4. This bond is conditioned upon and guarantees due compliance with all applicable law
including, without limitation, the El Segundo Municipal Code ( "ESMC ").
5. SURETYY', for value received, agrees that no changes, extensions of time, alteration or
Labor and Materials Bond l
Lass Modified: April 22, 2009
3978
City of El Segundo
Residential Sound Insulation Program
modification of the Contract Documents, or of the obligation to be performed will in any
way affect its obligation on this bond, and it waives notice of any such change, extension
of time, alteration or modification of the contract documents or of the obligation to be
performed.
6. This bond consists of this instrument; the Contract Documents identified above; and the
following two (2) attached exhibits all of which are incorporated herein by reference:
A. A certified copy of the appointment, power of attorney, bylaws or other
instrument entitling or authorizing the persons'executing this bond to do so; and
B. A Certificate issued by the county clerk for the county in which SURETY's
representative is located conforming with California Code of Civil Procedure §
995.640 and stating that SURETY's certificate of authority has not been
surrendered, revoked, cancelled, annulled, or suspended, or in the event that it
has, that renewed authority has been granted.
7. Should PRINCIPAL perform its obligations within the time allowed, PRINCIPAL's
obligation will be void upon the acceptance of the performance by CITY; otherwise this
obligation will remain in full force and effect.
SIGNED AND SEALED this 21 ST day of AUGUST , 20 09.
B ST ONSTRUCTION CORPORATI N NORTH AMERIC SPECI TY INSURA F,-r- ANY
P AL'S President SU1tETY' rest Y NG T. MULLICK,
A. ORNEY -IN -FACT
PFJN'CIPAL's Secretary S Y's Secretary
NOTE: ALL signatures must be acknowledged by a notary public.
PRINCIPAL's Mailing Address
2691 RICHTER AVE. STE. 123
IRVINE, CA 92606
and
SURETY's Mailing Address
701 S. PARKER ST., STE. 3800
ORANGE, CA 92868
Last Modified: April 22,
f f .
Certificate pursuant to 995.640(a) Code of Civil Procedure
I, DEAN C- t_OGAN_ _ , County Clerk of the County
of 1 os P n� p- � °'t' — , etate of California, in and for said County
DO HEREBY CERTIFY THAT
�il�(� �k i tnSV fzt+nC.e.. Co,rr.�e�vtM
has a certificate: of authority as an admilied surety issued by the
Insurance Commissiarer authorizing tne; insurer to transact surety insurance in
nor t Department of
Insurance websit tha authority has not been surrendered, revoked.
annulled, or su,,panaad.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of
said County on
COUNTY CLERK
BY:
Deputy County Clerk
y
Certificate pursuant to 996,643(ar) Code of Civil Procedure
DEAN C. I_OG' .N __ , County Clerk of the County
of
I' t ash Cotr ' , State of California, in and for said County
DO HEREBY CERTIFY THAT `
V C" i -Me*% Carl
has a certificate of authority as an admilaeed surety Issued by the California l
insurance Commissioner authorizing me insurer to transact surety insurance in
the State of California, and that uased on the records shown in the Department of
Insurance website. that authority has not been surrendered, revoked, canceled,
annulled, or suspanwad.
in Testimony Whereof, I have hereunto set my hand and affixed the seal of
sald County on rrn n c1
BY:
COUNTY CLERK
Deputy County Clerk
J978
J
3978 .
ACKNOWLEDGMENT
State of California
County of Orange )
On August 21, 2009 before me, Christine T. Hoang, Notary Public
(insert name and title of the officer)
personally appeared Yuns T. Mullick
who proved to me on the basis of satisfactory evidence to be the person(s) whose name($) is /am
subscribed to the within instrument and acknowledged to me that he%tq executed the same in
hiskxxAJwk authorized capacity(**, and that by hisHwxhtlxeix signature(&) 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 h nd and official seal.
Signature
CHRISTINE T, HO
is, COMMA # 1027009 ,;7
NOTARY �l,'�LI - WFORKA X
ORANGE COUNTY (Seal) YC M! D�23,2012
3978 ,
NAS SURETY GROUP
NORTH AMERICAN SPECIALTY INSURANCE COMPANY
WASHINGTON INTERNATIONAL INSURANCE COMPANY
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under
laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International
Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of
Itasca, Illinois, each does hereby make, constitute and appoint:
JENNIFER C. GIBONEY, JAMES W. MOILANEN, YUNG T. MULLICK,
CHRISTINE T. HOANG and P. AUSTIN NEFF
JOINTLY OR SLVL•RALLY
Its true and lawful Attorney(s) -in -Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings
obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by
law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the
amount of 'TWENTY -FIVE MILLION (525,000,000.00) DOLLARS
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of
Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held
on the 24th of March, 2000:
"RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President,
the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named
in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them
hereby is authorized to attce, to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is
FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any
certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be
binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached."
o "�`tiwrr // / //� �_. tUt1MIIWN1aUl
s A By
?'
SEAL .o= tilnen Y. Anderson, President & Chler Ezernlfi•e tNflcer of N'esilingtml Inlernalialal Insurance Cmnpwry zz SEAL
3 u � 1.73 �,: ,.m, & Senior Vice president at North American specialty Insurance Company Q -I. j(m]
� Hllnulnta `� .�e•%a ••`�`.'r't'
By � Y� 1
Uar1d M. Laymen, Senior Vice Preslden or Washington International Insurance Company (WA
& Vice Pmident of North American Spec"y Inatrance Company
IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their
official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 20th day of February 12009 .
North American Specialty Insurance Company
Washington International Insurance Company
State of Illinois
County of Du Page SS:
On this 20th day of February , 20 09 , before me, a Notary Public personally appeared Steven P. Anderson , President and CEO of
Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman ,
Senior Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company,
personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and
acknowledged said instrumc*rt to be the voluntary act and deed of their respective companies.
DONNA D. SKIl.ENS
Notary Public, state of minuis 10
E
My Colmlisd D
on /0 M11
onna D. Sklens, Notary Public
cpu'ea
I, James A. Carpenter , the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington
International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North
American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect.
IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 21ST day of _AUGUST- 20 o9 .
James A CWpenta, Vice President & Assistant Secretary of Washington Intonational Insurance Company &
North American Specialty Ius once Company
3978 .
ACKNOWLEDGMENT
State of Californi
County of } SS.
On L& -24 R-00 I before me, N7,
Notary Public, personallf appeared 41-4- c:T. _'47-
who proved to me on the basis of satisfactory evidence to be the person(&) whose
name(s) is /a;& subscribed to the within instrument and acknowledged to me that
Wshe /they executed the same in 4Wher /t#@#_ authorized capacity(ies), and that by
hisiher /theta- signatures(s) on the instrument the person(a), 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
49 Stk
Signature
YOUNG SUK KIM
N Comm. # 1751626 1A
b NOTARY PUBLIC- CALIFORNIA V,
` ORANGE COUNTY
MY Comm. EXP. JUNE 18,
Date of Document
Type or Title of Document
Number of Pages in Document
Document in a Foreign Language
OPTIONAL INFORMATION
a& .2j 2,0 j
r amt I�a�le.1a�r
AM
Alm
Type of Satisfactory Evidence:
Personally Known with Paper Identification
Paper Identification
Credible Witness(es)
Capacity of Signer:
Trustee
Power of Attorney
CEO /COO
Pr e nt nt / / Vice- President /Secretary /Treasurer
Other.
Other Information:
Thumbprint of Signer
] Check here if
no thumbprint
or fingerprint
is available.
3978•,
State of California
I
ss.
County off 01 _ �
On V 1Z 3 "41 , before me, "A4, h C, P-K — e�
Date Na and Title of Officer (e.g., "Jane Doe, Notary Public ")
personally appeared l /�(�/�S rl�'✓
Name(s) of Signer(s)
personally known to me
❑ 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
• J1RR -E1 t authorized capacity(ies), and that by his /her /their
t�si7� signature(s) on the instrument the person(s), or the
C entity upon behalf of which the person(s) acted,
MAOhm.amma. % D executed the instrument.
W13UEE.QS my hand and official seal.
Place Notary Seal Above
Sign re of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Dgcument
Title or Type of Document: ✓ QZ22d 026MI ' ed
Document Date: Ayep ni Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s): _
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
El
Guardian or Conservator
Other:
Signer Is Representing
RIGHT THUMBPRINT
OF SIGNER
of thumb here
Signer's Name:
El
El
El
El
Individual
Corporate Officer — Title(s):
Partner — ❑ Limited ❑ General
Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
2
RIGHT THUMBPRINT
OF SIGNER
...
0 2004 National Notary Association 9350 De Soto Ave., P.O. Box 2402 Chatsworth, CA 91313-2402 Item No. 5907 Reorder: Call Toll-Free 1-800-876-6820