CONTRACT 4103 Public Works Contract CLOSED4103..;
ORIGINAL
PUBLIC WORKS CONTRACT
BETWEEN
THE CITY OF EL SEGUNDO AND
EMAE INTERNATIONAL, INC.
This CONTRACT is entered into this 8th day of December, 2010, by and
between the CITY OF EL SEGUNDO, a general law city and municipal corporation ( "the
City ") and EMAE International, 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 ONE
MILLION, ONE HUNDRED ELEVEN THOUSAND DOLLARS AND ZERO CENTS
($1,111,000.00) 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 ONE HUNDRED
THIRTY (130) working days (the "Contract Time. ")
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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
ii. 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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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
Maryam M. Jonas
Principal Engineer
City of El Segundo
350 Main St.,
El Segundo, CA 9024
(310) 524 -2361
The Contractor
Ehab Maamoun
President
EMAE International, Inc.
13744 Milroy Place
Santa Fe Springs, CA 90670
(562) 404 -1468
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.
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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
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 Los Angeles County.
15. 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.
16. 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.
17. 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.
18. 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.
19. 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.
20. CAPTIONS. The captions of the paragraphs of this Contract are for convenience of
reference only and will not affect the interpretation of this Contract.
21.TIME IS OF ESSENCE. Time is of the essence for each and every provision of the
Contract Documents.
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IN WITNESS WHEREOF the parties hereto have executed this contract the day
and year first hereinabove written.
Aaa EGUNDO EMAE International, Inc.
a Maamoun
President
ATTEST:
Cindy Mor9sen,
City Clerk
APPR(
MARK
In
Taxpayer ID No. 33-0736719
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Jk�;ko�
siness License No.: 7 3 4 9 2 0
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COPY
PROPOSAL
FOR THE
CONSTRUCTION OF A NEW BEACH BATHROOM FACILITY
AND LIFEGUARD STATION AT THE EL SEGUNDO BEACH
IN THE CITY OF EL SEGUNDO
SPECIFICATIONS NO.: PW 10 -09
TO THE CITY OF EL SEGUNDO:
In accordance with the City of El Segundo's Notice Inviting Sealed Bids, the undersigned BIDDER
hereby proposes to furnish all materials, equipment, tools, labor, and incidentals required for the
above stated project as set forth in the Plans, Specifications, and contract documents therefor, and
to perform all work in the manner and time prescribed therein.
BIDDER declares that this proposal is based upon careful examination of the work site, Plans,
Specifications, Instructions to Bidders, and all other contract documents. Submittal of this bid shall
be considered evidence that the BIDDER has satisfied himself regarding the contract documents,
access and any other field conditions which may effect bid prices. If this proposal is accepted for
award, BIDDER agrees to enter into a contract with the City of El Segundo at the unit and /or lump
sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a
contract in the manner and time prescribed will result in forfeiture to the City of El Segundo of the
proposal guarantee accompanying this proposal.
BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth
in the Bid Schedule are solely for the purpose of comparing bids, and that final compensation under
the contract will be based upon the actual quantities of work satisfactorily completed. THE CITY OF
EL SEGUNDO RESERVES THE RIGHT TO INCREASE OR DECREASE THE AMOUNT OF ANY
QUANTITY SHOWN AND TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the
unit and /or lump sum prices bid include all apparent expenses, taxes, royalties, and fees. In the
case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and
words shall govern over figures.
If awarded the Contract, the undersigned further agrees that in the event of the BIDDER'S default in
executing the required contract and filing the necessary bonds and insurance certificates within ten
working days after the date of the City of El Segundo's notice of award of contract to the BIDDER,
including sending by U.S. Mail a Public Works Contract for signature by the Awardee, the proceeds
of the security accompanying this bid shall become the property of the City of El Segundo and this
bid and the acceptance hereof may, at the City of El Segundo's option, be considered null and void.
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EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE
BIDDER certifies that in all previous contracts or subcontracts, all reports which may have been due
under the requirements of any agency, State, or Federal equal employment opportunity orders have
been satisfactorily filed, and that no such reports are currently outstanding.
AFFIRMATIVE ACTION CERTIFICATION
BIDDER certifies that affirmative action has been taken to seek out and consider minority business
enterprises for those portions of the work to be subcontracted, and that such affirmative actions have
been fully documented, that said documentation is open to inspection, and that said affirmative action
will remain in effect for the life of any contract awarded hereunder. Furthermore, BIDDER certifies that
affirmative action will be taken to meet all equal employment opportunity requirements of the contract
documents.
NONCOLLUSION AFFIDAVIT
BIDDER declares that the only persons or parties interested in this proposal as principals are those
named herein; that no officer, agent, or employee of the City of El Segundo is personally interested,
directly or indirectly, in this proposal; that this proposal is made without connection to any other
individual, firm, or corporation making a bid for the same work and that this proposal is in all respects
fair and without collusion or fraud.
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CITY OF EL SEGUNDO - BID SHEET
CONSTRUCTION OF A NEW BEACH BATHROOM FACILITY
AND LIFEGUARD STATION
PROJECT NO.: PW 10 -09
ITEM NO.
ESTIMATED
QUANTITIES
DESCRIPTION
AMOUNT
Provide and furnish all labor, materials,p
tools, equipment and services
$
1
LS
necessary to perform the construction
of Beach Bathroom Facility and
Lifeguard Station complete in place in
accordance with the Contract plans
and specifications @
0V4%@ M1Lu01'� U6&ix� bi0,
TN0Q,Z\60 pump Sum
Special project site maintenance and
$25,000.00
2
LS
public convenience and safety (not to
exceed price is for comparison of bids
only and may not be the final payment,
complete). See Section 10 of the
Specifications @
7MI = -\ V� l� USGI IUD
m Sum
TOTAL BASE BID = $ t t 1 \ ' 000
TOTAL BASE BID WRITTEN IN WORDS
QQ M�tkkbW OQC ki-Q1�0kt--0 7 ,yN A-,3
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Special Instructions
Section 10 Special Project Site Maintenance and Public Convenience and Safety
Section 10 is here by added to the standard Specifications as follows:
Pursuant to the provisions of section 7 -8 and section 7 -10 of the standard specifications
and these special provisions, the contractor is responsible fro project site maintenance
and fro public convenience and safety. Payment fro compliance with these provisions is
considered as included in the price bid for contract.
The City, however, to maintain good public relation, may deem it necessary to require
special project site maintenance and public convenience and safety actions and work to
be performed by the contractor that are over and above those required by the provisions
of Section 7 -8 and section 7 -10 of the standard specifications and these Standard
Provisions.
These actions and work shall be as directed only by the Engineer in writing and
payment for compliance therewith shall be on a cost plus basis for extra work per
Section 3 -3 of the Standard Specifications and applied against the not -to- exceed bid
item for Special Project site Maintenance and Public Convenience and Safety.
4 s•.
BIDDER'S INFORMATION
BIDDER certifies that the following information is true and correct:
Bidder's Name EMAE International, Inc.
Form of Legal Entity (i.e., individual, partnership, corporation, etc.)
Corporation
If corporation, State of Incorporation (i.e., California) California
Business
13744 Milroy Place
Address Santa Fe Springs, California 90670 -5131
Telephone No. (562) 404 -1468
Facsimile No. (562) 404 -1473
State Contractor's License No. and Class 734920 A,B,C7,C8,C10,04,06,C51,C57
Original Date Issued April 14, 1997 Expiration Date April 30, 2011
The following are the names, titles, addresses, and phone numbers of all individuals, firm members,
partners, joint venturers, and /or corporate officers having principal interest in this proposal:
Ehab Maamoun -2 Commonwealth Irvine, CA 92618 (714) 412 -9840
President - Secretary- Treasurer - Manager
The date of any voluntary or involuntary bankruptcy judgments against any principal having an interest
in this proposal is as follows:
N/A
All current and prior DBA's, aliases, and /or fictitious business names for any principal having an
interest in this proposal are as follows:
N/A
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IN WITNESS WHEREOF, BIDDER executes and submits this proposal with the names, titles,
hands, and seals of all aforenamed principals this 2nd day of November , 20 10 .
BIDDER
EMAE International, Inc.
13744 Milroy Place '
Santa Fe Springs, California 90670 -5131
Ehab Maamoun, President
Subscribed and sworn to this day of , 20_. *see attached
NOTARY PUBLIC
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CALIFORNIA JURAT WITH AFFIANT STATEMENT
N See Attached Document (Notary to cross out lines 1 -6 below)
❑ See Statement Below (Lines 1 -5 to be completed only by document signer[s], not Notary)
I
Signature of Document Signer No. 1
State of California
County of Los Angeles
G�iNiM t 1A71s0�2
1MNMy �MeMle • CeNIOtAh
in Asplee CW*
Comm sumirea Feb 21 201A
Signature of Document Signer No. 2 (if any)
Subscribed and sworn to (/bf AftiofT)(e before me on this
2nd day of November 12010 , by
Date Month Year
(1) Eh b Maamoun
Name of Signer
proved to me on the basis of satisfactory evidence
to be the person who appeared before me (.)
Afro
N/A
Name of Signer
prove to basis of sa ' ory evidence
to b th p ared efore .)
Signature
Signature N ary Public
Place Notary Seal Above
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. Top of thumb here Top of thumb here
Further Description of Any Attached Document
Title or Type of Document: Bldderrs Information
Document Date: N / A
Signer(s) Other Than Named Above:
N/A
Number of Pages: 2
41 03 .
CONTRACTOR'S LICENSE DECLARATION
(Business and Professions Code Section 7028.15)
BIDDER'S Contractor's License Number is:
734920 Class No.: A,13,C7,C8,C10,04,06,C51,C57
2. The expiration date of BIDDER'S Contractor License is:
April 30 , 20 11
3. BIDDER'S acknowledges that Section 7028.15(e) of the Business and Professions
Code provides as follows:
"A licensed contractor shall not submit a bid to a public agency unless his or her
contractor's license number appears clearly on the bid, the license expiration date is
stated, and the bid contains a statement that representations herein are made under
penalty of perjury. Any bid not containing this information, or a bid containing
information which is subsequently proven false, shall be considered non - responsive
and shall be rejected by the public agency."
The undersigned declares, under penalty of perjury, that the representations made
by the undersigned in this bid proposal are true and correct.
Executed on Nov. 2 , 2010 , at
Santa Fe Springs (insert City and State where Declaration is signed).
ignature
Ehab Maamoun
Typed Name:
President
Title:
EMAE International, Inc.
Name of Bidder:
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NON - COLLUSION AFFIDAVIT TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
State of California
) ss.
County of )
403
Ehab Maamoun , being first duly sworn, deposes and say that he or she is
President
of EMAE International, Inc.
the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any
undisclosed person, partnership, company, association, organization, or corporation; that the bid is
genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited
any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded,
conspired, connived, or agreed with any BIDDER or anyone else to put in a sham bid, or that
anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly;
sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER
or any other BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any
other BIDDER, or to secure any advantage against the public body awarding the contract of anyone
interested in the proposed contract; that all statements contained in the bid are true; and further, that
the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or
the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any
fee to any corporation, partnership, company association, organization, bid depository, or to any
member or agent thereof to effectuate a collusive or sham bid.
EMAE International, Inc.
ignature Name of Bidder
Ehab Maamoun November 2, 2010
Typed Name Date
President
Title
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CERTIFICATION
Section 1861 OF THE LABOR CODE
(Workers' Compensation)
Pursuant to Section 1861 of the Labor Code, the BIDDER, in submitting his /her
PROPOSAL, shall sign the following certification:
"I am aware of the provisions of Section 3700 of the Labor Code which require every
employer to be insured against liability for workers' compensation or to undertake self- insurance in
accordance with the provisions of that code, and I will comply with such provisions before
commencing the performance of the work of this contract."
Signature of Bidder:
Title: President
Business Name:
EMAE International, Inc.
Business Address: 13744 Milroy Place
Santa Fe Springs, CA 90670 -5131
Telephone Number: ( 562 ) 404 -1468
Dated this 2nd day of November 20 10
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BIDDER'S CERTIFICATION OF SUBCONTRACTORS
As detailed in Section 2 -3.1 (Page 11 -13-3) of the dity Standard Specifications, Bidder certifies
that he has listed below all subcontractors who will perform work in excess of one -half of one
percent (1/2 %) of the total bid price or certifies that the bidder is fully qualified to perform and
will perform that portion of the work himself.
NAME, ADDRESS AND PHONE
NUMBER OF SUBCONTRACTORS
Griffin Dewatering Corporation (909) 986 -4498
536 E. Maitland Street Ontario, CA 91761
D. Bertino Manufacturing (909) 888 -9122
1696 W. Mill Unit 21 -22 Colton, CA 92324
Letner Roofing Company (714) 633 -0030
1490 N. Glassell Orange, CA 92867
Alert Insulation Co., Inc. (626) 961 -9113
15913 Old Valley Boulevard La Puente, CA 91744
Blair's Glass & Mirror Company (661) 726 -5407
42156 10th Street West, Unit C Lancaster, CA 93534
Professional Doors Systems (800) 400 -7374
14241 Grant Street Moreno Valley, CA 92553
Continental Marble & Tile (951) 284 -1776
2460 Anselmo Drive Corona, CA 92879
American Flooring, Inc. (949) 642 -0919
711 W. 17th Street #E -10 Costa Mesa, CA 92627
N &K Mechanical, Inc. (562) 921 -5800
13722 Milroy Place Santa Fe Springs, CA 90670
Olson Precast Company 909) 427 -1138
2239 W. Stonehurst Drive Rialto, CA 92377
SUBCONTRACTED WORK
Dewatering
Casework
Roofing
Insulation
Glass & Glazing, Aluminum Windows,
Aluminum Louvers
Roll Up Door
Ceramic Tile
Flooring
HVAC
Wet Well and Pump Station Valve
(Make copies of this page if additional space is needed)
November 2, 2010
ignature of Bidder Date
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REFERENCES
The following are the names, addresses, and telephone numbers for three (3) public agencies
for which BIDDER has performed similar work as the prime contractor or major subcontractor
within the past two (2) years:
1. Project Title: Whittier High School Seismic Retrofit & Renovation
Location: 12417 Philadelphia Street Whittier, CA 90601
Whittier Union High School District 9401 S. Painter Avenue Whittier, CA 90605
Name and address of owner
Eileen M. Chavez (562) 698 -8121 Extension 1102
Name and telephone number of person familiar with project
Type of Work: Seismic Retrofit & Renovations
Contract amount: $ 5,133,526.00 Date completed: May 10, 2007
Amount of work done by my /our firm under contract $ 3,198,627.50
Did your firm have any financial interest in Project? No
2. Project Title: Santa Ana College Classroom and M &O Buildings
Location: 1530 West 17th Street Santa Ana, CA 92706
Rancho Santiago Community College District 2323 N. Broadway Santa Ana, CA 92706
Name and address of owner
Alex Oveido (714) 480 -7517
Name and telephone number of person familiar with project
Type of Work:
New Construction
Contract amount: $12,205,506.00 Date completed: May 23, 2009
Amount of work done by my /our firm under contract $ 9,445,500.00
Did your firm have any financial interest in Project? No
3. Project Title: Escalona Elementary School Modernization
Location: 15135 Escalona Road La Mirada, CA 90638
Norwalk La Mirada Unified School District
Name and address of owner
12820 Pioneer Boulevard Norwalk, CA 90650
Name and telephone number of person familiar with project
Type of Work: Modernization, Interim Housing and Sitework
Contract amount: $ 6,012,402.00 Date completed: January 31, 2009
Amount of work done by my /our firm under contract $ 4,284,338.00
Did your firm have any financial interest in Project? No
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4. Project Title: California High School New Science Building "EE"
l•
4 0 3 • s. KBE
s+
Location: 9800 Mills Avenue Whittier, CA 90604
Whittier Union High School District 9401 South Painter Avenue Whittier, CA 90605
Name and address of owner
Eileen M. Chavez (562) 698 -8121 Extension 1102
Name and telephone number of person familiar with project
Type of Work: New construction
Contract amount: $3,114,167.00 Date completed: February 15, 2009
Amount of work done by my /our firm under contract $ 2,215,943.50
Did your firm have any financial interest in Project? No
Project Title: Huntington Beach Tower Zero & Restrooms
Location: Main Street & Pacific Coast Highway Huntington Beach, CA 92648
City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648
Name and address of owner
(cr�*c o�.r
Name and telephone number of person familiar with project
Type of Work: Relocation of existing lifeguard & construct new lifeguard tower & pier restroom building
Contract amount: $ 426,791.00 Date completed: November 1, 1999
Amount of work done by my /our firm under contract $182,078.00
Did your firm have any financial interest in Project? No
The following are the names, addresses, and telephone numbers for all brokers and sureties
from whom BIDDER intends to procure insurance bonds:
Pinnacle Surety, Shawn Blume
151 Kalmus Drive Suite A -201 Costa Mesa, California 92626 Phone (714) 546 -5100
First National Insurance, Sara Poplawski
333 City Boulevard West Suite 300 Orange, California 92862
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403.
s .
Best Management Practices
Minimum Requirements for Construction Projects
1. Eroded sediments and other pollutants must be retained on site and may not be
transported from the site via sheet flow, swales, are drains, natural drainage
course or wind.
2. Stockpiles of earth and other construction- related materials must be protected
from being transported from the site by wind or water.
3. Fuels, oils, solvents and other toxic materials must be stored in accordance with
their listing and are not to contaminate the soil nor the ,surface waters. All
approved storage containers are to be protected from the weather. Spills must be
cleaned up immediately and disposed of in a proper manner. Spills may not be
washed into the drainage system.
4. Excess or waste concrete may not be washed into the public way or any other
drainage system. Provisions shall be made to retain concrete wastes on -site until
they can be disposed of as solid waste.
5. Trash and construction- related solid wastes must be deposited into a covered
receptacle to prevent contamination of rainwater and dispersal by wind.
6. Sediments and other materials may not be tracked from the ,site by vehicle traffic.
The construction entrance roadways must be stabilized to inhibit sediments from
being deposited into the public ways. Accidental depositions must be swept up
immediately and may not be washed down by'rain or by any other means.
7. Dewatering Operations: remove sediments from ground water.
8. Paving Operation: reduce discharge of pollutants from paving operations.
9. Structure Construction and Painting: prevent and reduce discharge from
construction sites and painting projects.
10. Material Delivery and Storage: prevent and reduce discharge of pollutants to
storm water from material use.
11. Material Use: prevent and reduce discharge of pollutants to storm water from
material use.
12. Spill Prevention and Control: prevent and reduce discharge of pollutants to storm
water systems with good housekeeping.
13. Solid Waste Management: prevent and reduce discharge of pollutants to storm
water system from solid waste or construction
14. Hazardous Waste Management: prevent and reduce discharge of pollutants to
storm water from toxic materials.
15. Contaminated Soil Management: prevent and reduce discharge of pollutants to
storm water from contaminated soil.
16. Concrete Waste Management: prevent and reduce discharge of pollutants to
storm water from concrete waste.
17. Sanitary/Septic Waste Management: prevent and reduce discharge of pollutants
to storm water from sanitary and septic systems.
18. Vehicle and Equipment Cleaning: prevent and reduce discharge of pollutants to
storm water from cleaning of vehicles and equipment.
19. Vehicle and Equipment Fueling: prevent and reduce discharge of pollutants to
storm water from fueling of vehicles and equipment.
20. Vehicle and Equipment Maintenance: prevent and reduce discharge of pollutants
to storm water from maintenance of vehicles and equipment.
21. Employee /Subcontractor Training: SWPPP Storm Water Pollution Prevention
Plan.
22. Scheduling: sequencing the construction project to reduce the amount of soil
exposed to erosion.
23. Preservation of Existing Vegetation: minimize damage and erosion by preserving
the existing vegetation.
24. Seeding and Planting: minimize erosion with seeding and planting.
25. Mulching: for stabilizing cleared and freshly seeded areas.
26. Geotextiles and Mats: for stabilization of soils.
27. Dust Controls: reduce dust and soil erosion.
28. Temporary Stream Crossing: recommendations for installing a temporary culvert,
ford or bridge.
29. Construction Road Stabilization: recommendations for dust and erosion control.
30. Stabilized Construction Entrance: recommendation for dust, sediment and
erosion control for public streets.
31. Earth Dike: temporary berm or ridge or compacted soil.
32. Temporary Drain and Swales: to divert off -site runoff around a construction site.
33. Slope Drain: temporary pipe to divert runoff from the top of a slope to the bottom
without causing erosion.
34. Outlet Protection: install rip -rap to reduce sediment in the soil.
35. Check Dams: reduces velocity of concentrated storm water flows and reduces
erosion.
36. Slope Roughening/Terracing: creates microclimates for establishing vegetation.
37. Slit Fence: for sedimentation control.
41 us
38. Straw Bale Barriers: for sedimentation control.
39. Sand Bag Barrier: for sedimentation control.
40. Brush or Rock Filter: for sedimentation control and velocity reduction.
41. Strom Drain Intel Protection: devices which detain sediment laden runoff.
42. Sediment Trap: small excavated or bermed area for sedimentation.
43. Sediment Basin: pond created to allow excessive sediment to settle.
As the project owner or authorized agent of the owner, I have read and understand the
requirements (listed above) necessary to control storm water pollution from sediments,
erosion, and construction materials, and I certify that I will comply with these
requirements.
Print Name: Ehab Maamoun
Owner
Date: November 2, 2010
4 .Y a1 � • i i r.}
/
Public Works Department
Stephanie •. Director
October 06, 2010
ADDENDUM NO.1
to
THE CONTRACT DOCUMENTS, SPECIFICATIONS AND PLANS
for
CONSTRUCTION OF A NEW BEACH BATHROOM FACILITY
AND LIFEGUARD STATION AT EL SEGUNDO BEACH
PROJECT NO.: PW 10 -09
ATTENTION BIDDERS:
The following additions, modifications, and clarifications to the specifications shall be
included in, and become a part of any contract which may be executed for the above
project in the City of El Segundo:
1. Replace or add the applicable pages in the Special Provisions Section dated
10/06/2010.
2. Replace or add the revised sheets in the plans dated 10/06/2010.
As evidence that the BIDDER has read this Addendum, the BIDDER must acknowledge
same in the space provided below and submit this Addendum with the Bid Proposal.
Failure to acknowledge this Addendum may cause rejection of bid.
11/2/2010
(signature) (date)
Page 1 of 1
350 Main Street, El Segundo, CA 90245 -3895
October 22, 2010
4103.,!;'
i
Public Works Department
Stephanie Katsouleas, Director
ADDENDUM NO.2
to
THE CONTRACT DOCUMENTS, SPECIFICATIONS AND PLANS
for
CONSTRUCTION OF A NEW BEACH BATHROOM FACILITY
AND LIFEGUARD STATION AT EL SEGUNDO BEACH
PROJECT NO.: PW 10 -09
ATTENTION BIDDERS:
The following additions, modifications, and clarifications to the specifications shall be
included in, and become a part of any contract which may be executed for the above
project in the City of El Segundo:
1. Replace or add the applicable pages in the Special Provisions Section dated
10/22/2010.
2. Replace or add the revised sheets in the plans dated 10/22/2010.
As evidence that the BIDDER has read this Addendum, the BIDDER must acknowledge
same in the space provided below and submit this Addendum with the Bid Proposal.
Failure to acknowledge this Addendum may cause rejection of bid.
11/2/2010
(signature) (date)
Page 1 of 1
350 Main Street, El Segundo, CA 90245 -3895
41 03 . 41 (s
PROPOSAL GUARANTEE
BID BOND
CONSTRUCTION OF A NEW BEACH BATHROOM FACILITY
AND LIFEGUARD STATION AT THE EL SEGUNDO BEACH
IN THE CITY OF EL SEGUNDO
SPECIFICATIONS NO.: PW 10-09
KNOW ALL MEN BY THESE PRESENTS that,
EMAE International, Inc., as BIDDER, and
First National Insurance Company of America as SU RETY, are held and firmly bound unto the City Of El Segundo,
In the penal sum of DOLLARS ($ * ), which is ten (10 %) percent of the
total amount bid by BIDDER to the City of El Segundo for the above stated project, for the payment
of which sum, BIDDER and SURETY agree to be bound, jointly and severally, firmly by these
presents. * (10 %) Ten Percent of the Attached Bid Amount
THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is abou': to submit a
bid to the City of El Segundo for the above stated project, if said bid is rejected, or it said bid is
accepted and a contract is awarded and entered into by BIDDER in the manner and time specified,
then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of
the City of El Segundo.
IN WITNESS WHEREOF the parries hereto have set their names, titles, hands, and seals this
20th day Of October , 20 10 .
EMAE ace, -Qanta Fe Springs, CA 90670, (562) 404 -1468
BIDDER"
Maamoun, President
st o 1 I u Company of America, 1001 Fourth Ave, Safeco Plaza, Seattle, WA 98154, (206) 545 -5000
SURETY'S
Stephanie P ttomey -in -Fact, 151 Kahnus Dr, Ste A -201, Costa Mesa, CA 92626, (714) 546 -5100
Subscribed and sworn to this day of , 20 . See Attached
NOTARY PUBLIC
Provide BIDDER/SURETY name, address and telephone number and the name, title,
address and telephone number for authorized representative.
I•C -6
4103 .
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
County of Orange
On '9- -'d y before me, Irene Luong, Notary Public ,
Date Here Insert Name and Title of the Officer
personally appeared Stephanie Pham
Names) of Signer(s)
IRENE LUONG
.- Commission # 1883838
z . �� Notary Public - California z
z ' Orange County
My Comm. Expires Mar 22, 2014
Place Notary Seat Above
who proved to me on the basis of satisfactory evidence to
be the person(s) whose narrie(s) is /are subscribed to the
within instrument and acknowledged to me that h6/she/they
executed the same in his /her /their authorized capacity(ies),
and that by hWher /their signatures) 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 tinder the laws of
the State of California that the foregoing paragraph is true
and correct.
Witness my hand and Ocial se
Signature
Signature of Noiafy Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacitypes) Claimed by Signer(s)
Signer's Name: Stephanie Pham
❑ Individual
❑ Corporate Officer — Title(s):—
❑ Partner — ❑ Limited ❑ General
M Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
Other:
Signer Is Representing:
Number of Pages:
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
here
0 2007 National Notary Association -9350 De Soto Ave., P.O. Box 2402 - Chatsworth. CA 91313 -2402 www.NationalNotary,org Item #5907 Reordor. Call T011 -Free 1- 800 -876 -6827
'i _ -
THIS POWER OF A YTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 41 ��9563
.
This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent
herein stated.
FIRST NATIONAL INSURANCE COMPANY OF AMERICA
SEATTLE, WASHINGTON
POWER OF ATTORNEY
KNOW ALL PERSONS BY THESE PRESENTS: That First National Insurance Company of America (the "Company'), a Washington stock insurance company,
pursuant to and by authority of the By -law and Authorization her set forth, does hereby name, constitute and appoint. SHAWN EILUME,
ERIC LOWEY, MARK RICH ARDSON, STEPHANIE PHAM, ALL OF THE CITY OF::COSTA. MESA, STATE OF CALIFORNIA............
. .. .. .. .. ..
- ..... ..i....... ......: ..... . ....... :....... - . . ..... . . s.. .... r_..,......, .... ....
each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as
surety and as its act and deed, 'any and all undertakings; bonds, recognizances and, Qther surety obligations. the penal sum not exceeding
FIFTY MILLION AND: :00 / 100 *" * * * ** * * * *** * * ** * * ** **DOLLARS ($ 50, 000, 000 .00** * *.** * * * * * * *"* * * * * * * * * *) each, and the execution of such
undertakings, bonds, recognlzances and other surety obligatons{i6 pursuance of these presents shaft be as binding upon the Company as If they had been duly signed
by the president and attested by the secretary of the Company intheir own proper persons.
That this power is made and executed pursuant to and by authority of the following By -law and Authorization:
't3
ARTICLE IV - Execution of Contracts: Section 1 Z. Surety Bonds and Undertakings. y
Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitations
as the Chairman orthe President may prescribe, shall appoint such attorneys - intact, ;as may be necessary to act in behalf of the Corporation to make, ,C
m execute, seal, acknowledge and deliver as:surety any and all undertakings, bonds, reoognizances and other surety obligations. Such attorneys-in-
X N fact, subject to the limitations set forth in their respective powers of attorney, sha11 have fu11 power to bind the Corporation by their signature and .a
executed, such instruments shall be as binding as if signed by the president and attested by the secretary.
.�^ By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys -in- fact.
tiPursuant to Article N, Section 12 of the By -laws, Garnet W. Elliott, Assistant Secretary of First National Insurance Company of America is authorized V N
tv - to appoint such attorneys -in -fact as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety >,W.
p �. any and all undertakings, bonds, recognizances and other surety obligations, Q.
�d+ > That the By-law andthe Authorization set forth above are true copies thereof and are now in full force and effect. p.
iU � M
*O IN WITNESS WHEREOF this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of C
Cc o -,d First National Insurance Company of America has been affixed thereto in Plymouth Mee #ing. Pennsylvania this 17th day of June
R
G.F 2010
,d. O FIRST NATIONAL INSURANCE COMPANY OF AMERICA _a cc cc
00 $ N O
C `, Via' V`x°ir� 0
y S& L " By t 9� AI - rte. C
�. rate Garnet W. Elliott, Assistant Secretary
C w COMMONWEALTH OF PENNSYLVANIA ss
E 0 r-
' COUNTY OF MONTGOMERY
ai >
p L On this 17th day of June 2010 before me, a Notary Public, personally came Garnet W Elliott, to me known, and
acknowledged that he is an Assistant Secretary of First National Insurance Company of America; that he knows the seal of said corporation; and that he a
V executed the above Power of Attorney and affixed the corporate seal of first National insurance Company of America thereto with the authority and at the Co
> ` direction of said corporation.
C ti, C
IN TESTIMONY WHEREOF v o subscribed my name and affixed my notarial seal at Plymouth Meetm ,Pennsylvania, on the day and year d
first above written.
4q" hotsinar$ua!
W £j yor"a F asttaiia, Notary p 4mo �y
P?m °uth Trip.; Montgomery 060&y. .Tore a 1740 la, Notary Public
OF: L ivt} Co rtmrss.ns Expire ittar ?8, �0i3
CERTIFICATE Mamtwr. fnnayfvania Aasacixin qt Aintar es
1, the undersigned, Ass rst National Insurance Company of,Amenca do hereby certify that the original power of attorney of which
the foregoing is a full, tru y is .In.full force and effect on the date of this certificate aril I do further certify that the officer or official who
executed the said power of a is :an Assistant Secre #cry sped :authorized by, the chairman or the::president to appoint attorneys -in fact as
provided in Article IV, Section '12 of the lay -laws of First National Insurance Company of America.
This certificate and the above power of attorney :maybe signed by facsimile or mechanically reproduced signatures under and by authority of the
following vote of the board of directors of First National Insurance Company of America at a meeting duly called and held on the 18th day of September,
2009.
VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified
copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company with the
same force and effect as though manually affixed.
Tam= E F, 1 have hereunto subscribed my na ed the corporate seal of the said company, this__ ^day of
010. 0
S)wAL
rsxa By
�+,
David M. Carey, Asgstant Secretary
PREMIUM IS FOR THE CONTRACT TERM AND IS SUBJECT
TO ADJUSTMENT BASED ON FINAL CONTRACT PRICE
FAITHFUL PERFORMANCE BOND
CONSTRUCTION OF A NEW BEACH BATHROOM FACILITY
AND LIFEGUARD STATION AT THE EL SEGUNDO BEACH
PROJECT NO.: PW 10-09
Bond No. 15S200959
Bond Fee: / Premium: $13,767.00
Executed in Two Originals
EMAE INTERNATIONAL INC. (-PRINCIPAL-)
and First National Insurance Company of America , a corporation
incorporated under the laws of the State of Washington 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 ONE MILLION, ONE
HUNDRED ELEVEN THOUSAND DOLLARS AND ZERO CENTS ($1.111,000.00), which is a
minimum one hundred percent (100%) of the contract amount, 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, SPECIFICATIONS NO. PW 10.09, and the public
works contract executed with such Specifications. 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 CONDR'IONS
1. PRINCIPAL will construct the public improvements identified in SPECIFICATIONS
NO. PW 10-09, a copy of which is on file with CITY's Engineering Division ( "Public Project"). Such
performance will be In accordance with CITY's plans and profiles (CITY DRAWING FILE NO. )
which are made a part of this bond when said pians'and profiles are approved by the City Council
and filed with CITY's Engineering Division.
2. PRINCIPAL's work on the Public Project will be done in accordance with CITY's
plans and specifications and with any permit Issued by 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 Public Project for a period of one (1) year following the Public Project's completion and
acceptance by CITY.
sad.tW•_P10McWPW FaWd Parhm aaaa Bard (IIM)
1 -E -1
413.,',,
4. This bond is conditioned upon and guarantees due compliance with all applicable law
Including, without limitation, the El Segundo Municipal Code ( "ESMC ").
5. SURETY, for value received, agrees that no changes, extensions of time, alteration
or modification of SPECIFICATIONS NO. PW 10-09 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.
61. This bond consists of this instrument; the plans and specifications 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;
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; and
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 14th day of December 20 10
EMAE Internat nal, I irs at ona s ce Company of America
RMPSIPPESIDENT S Attorney -in -Fact
Stephanie Pham
N/A
AL's SECRETARY SURETY's SECRETARY
PRINCIPAL's MAILING ADDRESS:
13744 Milroy Place
Santa Fe Springs, CA 90670
SURETY's MAILING ADDRESS:
1001 Fourth Ave, Safeco Plaza
Seattle WA 98154
NOTE: (1). ALL signatures must be acknowledged by a notary public.
Return two (2) originals to City Clerk's Office.
(21 Bond shall be effective for one (1) year after acceptance of the job.
Bpaewk.d.- P.J..WPW FW1MMPffbWWaBad ( /AEI
i -E -2
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
County of Orange
On (2 ' before me, Irene Luong, Notary Public
Here Insert Name and Title of the Officer
Date
personally appeared Stephanie Pham
Name(s) of Signer(s)
IRENE UONG
J
a :fee
Commission # 1883838 Z
Notary Public - California D
Z ` =�f
Orange County
My Comm. Expires Mar 22, 2014
Place Notary Seal Above
41 0 3 A
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is /are subscribed to the
within instrument and acknowledged to me that he /she /they
executed the same in his /her /their authorized capacity(ies),
and that by his /her /their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
Witness my viand anj( j9ff1ial�se�I. �
Signature ` v
Signature of Notary Public
OPTIONAL
Though the could prevelnt fraudulent removal al and reattachment Vof this form to anotherydocument. document
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Stephanie Pham
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
Attorney in Fact OF SIGNER
❑ Trustee
❑ Guardian or Conservator Top of thumb here
❑ Other:
Signer Is Representing:
Number of Pages:
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
� of
❑ Attorney in Fact
❑ Trustee •
❑ Guardian or Conservator TO of thumb here
❑ Other:
Signer Is Representing:
*2007 National Notary Association 9350 De Soto Ave.. P.O. Box 2402 • Chatsworth, CA 91313 -2402 • www.NationalNolary.olg Item #5507 Reordor. Call roll Free 1 -600- 876 -6827
10% as A I I _nI1Q0nc1; ecKNAWLEDGMENT
%##a r%F u's w -- . —
State of California
County of Los Angeles
On 12/20/2010 before me, Elizabeth I. Ramirez
Name and Title of the Officer
Date Here Insert
personally appeared Ehab Maher Maamoun
Name(s) of Signer(s)
ELIZA�Tii 1. RAM 0
Comsftissioe • 1878082
No" Publk - CaYlornis >
Los Angeles County
110myco mm. Expires Feb 21, 201
41 03 • t
who proved to me on the basis of satisfactory
evidence to be the person(sa whose name(g) is/we
subscribed to the within instrument and acknowledged
to me that hefshs%t eft executed the same in
his/kwidw r authorized capacity(ies), and that by
his/NerMntr signature(s) on the instrument the
person*, or the entity upon behalf of which the
persort�* 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.
WITN S n official sea
Signature:
Place Notary Seal and /or Stamp Above Signature of ota Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: Faithful Performance Bond
Document Date: December 14, 2010 Number of Pages: 2
Signer(s) Other Than Named Above:
N/A
Capacity(ies) Claimed by Signer(s)
Signer's Name: Ehab Maher Maamoun Signer's Name:
X Corporate Officer — Title( s): President,Secr6tarpgrate Officer — Title(s):
❑ Individual ❑ Individual
❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Partner — ❑ Limited ❑ General Top of thumb here
❑ Attorney in Fact ❑ Attorney in Fact
❑ Trustee ❑ Trustee
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: ❑ Other:
Signer Is Representing: EMAE Signer Is Representing:
International, Inc.
❑... . ., iro,,, aran7 Reorder: Call Toll -Free 1- 800 - 876 -6821
02008 National Notary Association • 9u5u ue z3oro Ave., r.u. oua »�� - o �.• �•
LABOR AND MATERIALS BOND
CONSTRUCTION OF A NEW BEACH BATHROOM FACILITY
AND LIFEGUARD STATION AT THE EL SEGUNDO BEACH
PROJECT NO.: PW 10 -09
Bond No. 155200959
Bond Fee: / Premium listed on Performance Bond
Executed in Two Originals
EMAE __ INTERNATIONAL, INC. , as principal
( "PRINCIPAL ") and First National Insurance Company of America , a corporation
incorporated under the laws of the State of _ Washington 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 ONMILLION, ONE
HUNDRED ELEVEN THOUSAND DOLLARS AND ZERO CENTS ($1,111,000—.09), which is a
minimum one hundred percent (100°/6) of the contract, lawful moneyof 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 CONSTRUCTION OF A NEW
BEACH BATHROOM FACILITY AND LIFEGUARD STATION AT THE EL SEGUNDO BEACH,
PROJECT NO. PW 10-09 ( "Public Project'), the public works contract executed for such Public
Project, and for all work or labor of any kind performed for the Public 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 public improvements identified in SPECIFICATIONS
NO. PW 10 -09, and the public works contract executed for such Specifications, copies of which is
on file with CITY's Engineering Division ( "Public Project"). Such performance will be in accordance
with CITY's plans and profiles (CITY DRAWING FILE NO. ), which are made a part of this
bond when said plans and profiles are approved by the City Council and filed with CITY's
Engineering Division.
2. PRINCIPAL will pay all contractors, subcontractors, and persons renting equipment.
3. PRINCIPAL will pay for all materials and other supplies, for equipment used in, on,
for or about the performance of the Public Project, 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").
ep.d,,.b.— vM*cMM UbarMWrW48"W U rood I -F -1
4103.,:
5. SURETY, for value received, agrees that no changes, extensions of time, alteration
or modification of SPECIFICATIONS NO. PW 10-09, 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 plans and specifications 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 14th day of December 20 10
EMAE International, Inc. irs bona s ce Company of America
A 'S PRESIDENT T Attornev -in -Fact
Stephanie Pham
N/A
PAL's SECRETARY SURETY's SECRETARY
PRINCIPAL's MAILING ADDRESS:
13744 Milroy Place
Santa Fe Springs, CA
SURETY's MAILING ADDRESS:
1001 Fourth Ave, Safeco Plaza
Seattle, WA 98154
NOTE: (1) ALL signatures must be acknowledged by a notary public.
Return two (2) originals to City Clerk's Office.
(2) Bond shall be effective for one .(1) year after acceptance of the job.
LABOR AND MATERM S BOND W-2 (OSP2 M I -F-2
4103,., t
CALIFORNIA ALL-PURPOSE
} .�ACKNOWLEDGMENT
�C
JW��'.+Vv�V�';�SA��iV��NW VWIW�V W "V W�'_N���J� = V�KIrrN `.�Y��TIWNvnY' l-•
STATE OF CALIFORNIA
County of Orange
On % - 14_1 l before me, Irene Luong, Notary Public
Date
Here Insert Name and Title of the officer
personally appeared Ste hanie Pham
Names) of Signer(s)
IR ONG
Commission # 1883838
Notary Public - California
v
i '.. .,, Orange County
My Comm. Expires Mar 22, 2014
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is /are subscribed to the
within instrument and acknowledged to me that he /she /they
executed the same in his /her /their authorized capacity(ies),
and that by his /her /their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
Witness my hand and of c I seal
Signature
Signature of Notary Public
OPTIONAL
Though the information vent fraudulent removal and and reattachment of this form toranotherydocument document
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Stephanie Pham
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
Attorney in Fact
OF
❑ Trustee
❑ Guardian or Conservator Top of thumb here
❑ Other:
Signer Is Representing:
Number of Pages:
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s)---
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Top of thumb here
02001 National Notary Association 9350 De Soto Ave F C. Box 2402 -Chatsworth, CA 91313 -2402 - www.NahonalNotary.org Vern #6907 Reorder: Call roll Free 1- 800 -876 -6827
41 03'. d r
A I I _oi onnns19 ecKNOWLEDGMENT
11110M %#, Eu ... -- - - - -- -
State of California
County of Los Angeles
On 12/20/2010 before me, Elizabeth I. Ramirez ,
Date Here Insert Name and Title of the officer
personally appeared Ehab Maher Maamoun
Names) of Signers)
% "a" - I . I
00MIN0 1/0
LWW in AMNa cowitll
irM F / 2 1
who proved to me on the basis of satisfactory
evidence to be the person(so whose name(u) is/we
subscribed to the within instrument and acknowledged
to me that haA&bK w3fi executed the same in
his /mss Nj6r authorized capacity(ies), and that by
his/jawftair signature(s) on the instrument the
person(, or the entity upon behalf 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.
WIT ESS and official se
Signature:
Place Notary Seal and /or Stamp Above Signatur of tary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons re g on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: Labor and Material Rnntj
Document Date: December 14, 2010 Number of Pages: 2
Signer(s) Other Than Named Above:
N/A
Capacity(ies) Claimed by Signer(s)
Signer's Name: Ehab Maher Maamoun Signer's Name:
XX Corporate Officer — Title(s) -.PrPC i runt _ SAr.r4199Wate Officer — Title(s):
[I Individual ❑ Individual
[I Partner — ❑ Limited ❑ General Top of thumb here ❑ Partner — ❑ Limited ❑ General Top of thumb here
❑ Attorney in Fact ❑ Attorney in Fact
❑ Trustee ❑ Trustee
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: ❑ Other:
Signer Is Representing: EMAE Signer Is Representing:
International, Inc.
.,.� ._ ........ .� .� ........ ..... it.- 95RO7 Reorder: Call Toll -Free 1 -800- 876 -6827
@2008 National Notary Association • 93bo Ue Joio Ave., r.v. oua cYU� - �� �o,,...., •-
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.
41 0 39597��0.
This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent
herein stated.
FIRST NATIONAL INSURANCE COMPANY OF AMERICA
SEATTLE, WASHINGTON
POWER OF ATTORNEY
KNOW ALL PERSONS BY THESE PRESENTS: That First National Insurance Company of America (the "Company "), a Washington stock insurance company,
pursuant to and by authority of the By -law and Authorization hereinafter set forth, does hereby name, constitute and appoint. SHAWN BLUME,
ERIC LOWEY, MARK RICHARDSON, STEPHANIE PHAM,'ALL OF THE CITY OF COSTA MESA, $TATE OF CALIFORNIA....::......
........ ...
each individually if there be more than one named, its true and lawful attorney- in- factto make, execute, seal, acknowledge and deliver, for and on its behalf as
surety and as its act and deed, any and all undertakings bonds, recognizances and *ot* a * *su *ety *obl *gat *onefl h thand the execution of exceeding
FIFTY MILLION AND 00/100 * * * * * * * *" *` * * * " ** * * * ** *DOLLARS ($ 50,000,000.00 )
undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the Company as ff they had been duly signed
by the president and attested by the secretary of the Company in their own proper persons.
That this power is made and executed pursuant to and by authority of the following By -law and Authorization:
M ARTICLE IV - Execution of Contracts: Section 12. Surety Bonds and Undertakings.
w Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitations
as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make,
d execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in-
Y0 fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and
C executed, such instruments shall be as binding as if signed by the president and attested by the secretary.
J3 C
By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys in fact: It
d Pursuant to Article IV, Section 12 of the By -laws, Garnet W. Elliott, Assistant Secretary of First National Insurance Company of America, is authorized
to appoint such attorneys-in-fact as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety i
any and all undertakings, bonds, recognizances and other surety obligations.
Y ' i
�That the By -law and the Authorization set forth above are true copies thereof and are now in full force and effect.
-3 j
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal o
O L First National Insurance Company of America has been affixed thereto in Plymouth Meeting, Pennsylvania this 17th day of June
,1�0
1 FIRST FIRST NATIONAL INSURANCE COMPANY OF AMERICA f
C
By ;- --
H, s t Garnet W. Elliott, Assistant Secretary
1= C COMMONWEALTH OF PENNSYLVANIA ss
E *5 COUNTY OF MONTGOMERY
d
O 2010 before me, a Notary Public, personally came Garnet W. Elliott, to me known, and
ac this 17th day of June
acknowledged that he is an Assistant Secretary of First National Insurance Company of America; that he knows the seal of said corporation; and that he
C executed the above Power of Attorney and affixed the corporate seal of First National Insurance Company of America thereto with the authority and at the
> ru direction of said corporation.
Z v IN TESTIMONY WHEREOF vip to subscribed my name and affixed my notarial seal at Plymouth Meetin , Pennsylvania, on the day and year
first above written.cF
Cgr l tGrt ;a s' t t r By
cs 7 °tm ° �' TerAaPastella, Notary Public
or
CERTIFICATE
I, the undersigned, Ass st National Insurance Company of America, do hereby certify that the original power of attorney of which
the foregoing is a full, tru r y, is in full force and effect on the date of this certificate; and I do further certify that the officer or official who
executed the said power of a is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys -in -fact as
provided in Article IV, Section 12 of the By -laws of First National Insurance Company of America.
This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the
following vote of the board of directors of First National Insurance Company of America at a meeting duly called and held on the 18th day of September,
2009.
VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified
copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company with the
same force and effect as though manually affixed.
I TIMO Y WHERE F, I ave hereunto subscribed my na ,are ed the corporate seal of the said company, this�l! _day of
SEAL
By
Da4M. rey, A sistant Secretary
4 1 0 3 • ,.,
PROPERTY RECORDS
TOM DALY BIRTH AND DEATH RECORDS
CLERK - RECORDER MARRIAGE LICENSES /RECORDS
PASSPORTS
FICTITIOUS BUSINESS NAMES
NOTARY REGISTRATION
ORANGE COUNTY ARCHIVES
Certificate pursuant to 995.640(a) Code of Civil Procedure
State of California,} I, TOM DALY, County Clerk- Recorder of the County of Orange,
County of Orange )ss State of California, in and for said County DO HEREBY
CERTIFY THAT FIRST NATIONAL INSURANCE
COMPANY OF AMERICA has been issued a certificate of
OR authority as an admitted surety by the Insurance Commissioner
authorized the insurer to transact surety insurance in the State of
y California, and that based on the records in this office, that
3 o authority has not been surrendered, revoked, canceled, annulled, or
suspended.
°9gNG� Co�N.� In Testimony Whereof, I have hereunto set my hand and
affixed the seal of said County this 5 1 day of January, 2011.
TO%DAL
ByA ARTIN
Deputy County Clerk - Recorder
ORANGE COUNTY SOUTH COUNTY BRANCH OFFICE
NORTH COUNTY BRANCH OFFICE LAGUNA HILLS CIVIC CENTER
HALL OF FINANCE AND RECORDS 24031 EL TORO ROAD
HISTORIC DOWNTOWN FUVARD N 12 CIVIC CENTER PLAZA, ROOM 101
201 N. HARBOR BOULEVARD LAGUNA HILLS, CALIFORNIA 9 ?6S3
FULLERTON, CALIFORNIA 92832 SANTA ANA, CALIFORNIA 92701
(7 14) 834.2500 • FAX (714) 834 -2675 • WWW•OCRECORDER.COM • WWWOCARCHIVES.COM
Effective 3/2009