CONTRACT 3897 Public Works Contract CLOSED389%.,..:
DUPLICATE ORIGINAL
PUBLIC WORKS CONTRACT
BETWEEN
THE CITY OF EL SEGUNDO AND
HP BUILDERS, INC.
This CONTRACT is entered into this 20th day of January, 2009, by and between
the CITY OF EL SEGUNDO, a general law city and municipal corporation ( "the City ")
and HP BUILDERS, INC., a California Corporation ( "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
thirty -six thousand three hundred twenty dollars ($36,320.00) 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 65 working days (the
"Contract Time.")
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DUPLICATE ORIGINAL
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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DU^LICATE ORIGINAL
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 Ci
Dana Greenwood, Pub. Wks. Dir.
City of El Segundo
350 Main Street
El Segundo, CA 90245
Attention: Dan Garcia, Assist. City Eng.
The Contractor
Ronald J. Hogan, President
HP Builders, Inc.
12423 Limonite Ave.
Suite 440 -357
Mira Loma, CA 91752
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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PTIF111--WE ORIG NAL
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 Ventura County.
15. BUSINESS LICENSE. Unless waived in accordance with Santa Paula Municipal
Code § 110.03(B), the Contractor and all sub - contractors must obtain a City Business
License before executing this Contract.
16. EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity
between any provision of the Contract Documents, precedence will be as follows:
A. This Contract;
B. The Standard Specifications; and
C. Precedence of documents as determined in the Standard Specifications.
17. SEVERABILITY. If any portion of the Contract Documents are declared by a court
of competent jurisdiction to be invalid or unenforceable, then such portion will be
deemed modified to the extent necessary in the opinion of the court to render such
portion enforceable and, as so modified, such portion and the balance of this Contract
will continue in full force and effect.
18. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary
action has been taken by the Parties to authorize the undersigned to execute this
Contract and to engage in the actions described herein. This Contract may be modified
by written amendment. The City's city manager, or designee, may execute any such
amendment on the City's behalf.
19. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this
Contract, agreements ancillary to this Contract, and related documents to be entered
into in connection with this Contract will be considered signed when the signature of a
party is delivered by facsimile transmission. Such facsimile signature will be treated in
all respects as having the same effect as an original signature.
20. COVENANTS AND CONDITIONS. The parties agree that all of the provisions
hereof will be construed as both covenants and conditions, the same as if the words
importing such covenants and conditions had been used in each separate paragraph.
21. CAPTIONS. The captions of the paragraphs of this Contract are for convenience of
reference only and will not affect the interpretation of this Contract.
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22. TIME IS OF ESSENCE. Time is of the essence for each and every provision of the
Contract Documents.
IN WITNESS WHEREOF the parties hereto have executed this contract the day
and year first hereinabove written.
CITY EGUND
c Wayt
City Manager
ATTEST:
By: OX4L
Cindy Mortesen
City Clerk
APPROVED
MARK D. HE
M
Karl H. Berger,
Assistant City)
5
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0400 R;
Ronald J. Hogs(n /
President
Taxpayer ID Number: 30- 0344106
Contractor State
License Number: 871957
Contractor City Business
License Number: -')(Q&(0 i
E}07aMa) IN DUPLICATE
FAITHFUL PERFORMANCE BOND
DUPLICATE ORIGINAL
Bond No. 70641785
Bond Fee: $1,()90.0o
GH P BUILDERS INC.
("PRINCIPAL'S
and WESTERN SURETY COMPANY , a corporation
incorporated under the laws of the State of South Dakota 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$36,320.®OLLARS, 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. , 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 CONDITIONS
1. PRINCIPAL will construct the public imp rove i gents identife:i in SPECIFICATIONS
NO. , 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 plans 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 w ?ll be firr.ly 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.
4. This bond is conditioned upon and guarantees due compliance with all applicable law
including, without limitation, the El Segundo Municipal Code ( "ESMC ").
SP*cretaw- ProNcV*W FW%hol Verorm epee loM (I N]I
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3897
DUPLICATE C tL'q'PAL .
SURETY, for value received, agrees that no changes, extensions o time, a tera ion
ation of SPECIFICATIONS NO. or of the obligation to be performed will in any
affect its obligation on this bond, and it waives notice of any such change, extension of time,
I ration or modification of the contract documents or of the obligation to be performed.
G6. 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 7th day of January , 20—Q9
H P B S, INC.
BY: WEST I2N SURETY COMPANY
PRINCIPAL's PRE EN SURETY's PRESIDENT
_._.,.. — B. Arp, Asst Sea.
BY: - - - --
PRINCIPAL's SE A SURE 's SECRE RY
PRINCIPAL's MAILING ADDRESS:
SURETY's MAILING ADDRESS:
H P Builders; Inc. WESTERN SURETY COMPANY
_12523 Limonite Ave.. Sre. 440 -357 101 S. Phillips Ave.
Mira Lama. CA 91752 Sioux Falls, SD 571.04 -6703
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.
SDerhnbn�- PmIecYWW fyn/„IPy/Ofln�n0•C011Q f � �
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)OUTH DAKOTA
my of Minnehaha SS
7th
On this day of
ACKNOWLEDGMENT OF SURETY
(Corporate Officer)
January
3897' • ..1
LNG!' LICATI= ORIGINAL
2009
and for said County, personally appeared IL fti Asst Sec.
, before me, a Notary Public in
personally known to me, who being by me duly sworn, did say that he is the aforesaid officer of WESTERN SURETY
COMPANY, a corporation duly organized and existing under the laws of the State of South Dakota, that the seal affixed to the
foregoing instrument is the corporate seal of said corporation, that the said instrument was signed, sealed and executed on
behalf of said corporation by authority of its Board of Directors, and further acknowledge that the said instrument and the
execution thereof to be the voluntary act and deed of said corporation.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal the day and year last above
written.
My commission expires
Notary Public
Form 103 -12 -98
WE
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DATE_. -._.
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CALIF -G"IA ALL - PURPOSE ACKNOWLEDGMENT
State of California
t'
County of n%VazSfhr.
r� PRITI On r iAL�i'� 7 fib() % before me, D . M7£L 1'JDTAaV fUSL -
Date ' _ ere Insert Name and Title of the Officer
personally appeared
PRITI B. PATEL
Commission # 1570094
a il Notary Public - California zz
z San Bernardino County
My Comm. Expires Apr 17, 2009
who proved to me on the basis of sat* factory evidence to
be the persor(s whose name@ i, re ubscribed to the
within Athee ument and acknowledged me that
he /she xecuted the same in his/her/ heir uthorized
capaciand that by his/herC�eesignature®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.
WITNESS m hand and official seal.
Place Notary Seal Above Signature Signature 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 Do((---I'((c��u��ment pD
Title or Type of Document: T�HNL iCX'�FoiZn )Hri%CE (�i`111Yj _ __
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:ROlvalh j HQr. -,qJ
I Individual
L_I Corporate Officer —Title(s): —
U Partner — ❑ Limited ❑ General
❑ Attorney in Fact
L7 Trustee
L, Guardian or Conservator
❑ Other:
Signer Is Representing
RIGHT rHUr:1RPRINT
Of SIGNER
Number of Pages:
Signer's Name: wll(j< Puk -T�.
Individual
1 Corporate Officer — Title(s):
❑ Partner — F] Limited '-I General
❑ Attorney in Fact
LJ Trustee
EJ Guardian or Conservator
I 1 Other:
Signer Is Representing:
OF SIGNER
02007 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91 31 3 -2402 - www.NationaiNotary.org Item #5907 Reorder: Call Toll -Free 1- 800- 876 -6827
3897
D�' _ CA]E 0- RIGL
-Western Surety C
4�4
POWER OF ATTORNEY - CERTIFIED COPY
Bond No. 70641785
Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the
laws of the State of South Dakota, and having its principal office in Sioux Falls, South Dakota (the "Company "), does by these presents
make, constitute and appoint B. Arp
its true and lawful attorney(s) -in -fact, with full power and authority hereby conferred, to execute, acknowledge and deliver for and on
its behalf as Surety, bonds for:
Principal: H P Builders, Inc.
Obligee: City of E1 Segundo
Amount: $500,000.00
and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Senior Vice President, sealed
with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said
attorney(s) -in -fact may do within the above stated limitations. Said appointment is made under and by authority of the following
bylaw of Western Surety Company which remains in full force and effect.
"Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the
corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such
other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the
Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of
the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other
obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile."
All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of May 31
2009 , but until such time shall be irrevocable and in full force and effect.
In Witness Whereof, Western Surety Company has caused these presents to he signed by its Senior Vice President, Paul T.
Bruflat, and.itsawporate seat to be affixed this 7th day of January 2009
WE; SURE Y COMPANY
rrruflat enior Vice President
STA'CF OT SOUTH ,DAKOTA
,�� ss
COUNTY'0'.F" Yi>�` NE11-I AHA f
On this 7th day of January in the year 2009 before me, a notary public, personally appeared
Paul T. Bruflat, who being. to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of
WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of s id corporation.
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r AL NOTARY PUBLIC 8 f otar Public -South Dakota
r
fQbSOUTH DAKOTA�f y
}titiMYh titi�+titi tih Ntih4 titi Mhtily }
My Commission Expires November 30, 2012
I the undersigned officer of Western Surety Company, it stock corporation of the State of South Dakota, do hereby certify that the
attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company
as set forth in the Power of Attorney is now in force.
In testimony whereof, I have hereunto set my hand and seal of Western Surety Company this 7th day of
January 2009
WES C SLJRE Y COMPANY
Paul 1'. Bruflat enior Vice President
Form F5306 -9 -2006
EXECUTED IN DUPLICATE
Coll!
S8 9
LABOR AND MATERIALS BOND
PV"LICATLI: 01 1CI NN ;L
H P BUILDERS, INC.
( "PRINCIPAL ") and WESTERN SURETY COMPANY
Bond No. 70641785
Bond Fee: $1,090.00
as principal
a corporation
incorporated under the laws of the State of South Dakota and licensed by the State of
California to execute bonds and undertakings as sole surety, as sure ( "SURETY'), are held and
firmly bound unto the CITY OF EL SEGUNDO ( "CITY") in the sum of$36,320&LARS, which is a
minimum one hundred percent (100 %) 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 a
SPECIFICATIONS NO. ( "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 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.
PRINCIPAL will pay all contractors, subcontractors, and persons renting equipment.
3. PRINCIPAL wVI pay forall 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 ").
&0@C Wb"- F4v)ada1PW labwWa%.WsGaW CJ M3) I -F -1
QATE OF SOUTH DAKOTA
County of Minnehaha SS
On this
7th
ACKNOWLEDGMENT OF SURETY
(Corporate Officer)
day of January
38 97 . ,
LL
2009 —, before me, a Notary Public in
and for said County, personally appeared — B. fn Asst G.
personally known to me, who being by me duly sworn, did say that he is the aforesaid officer of WESTERN SURETY
COMPANY, a corporation duly organized and existing under the laws of the State of South Dakota, that the seal affixed to the
foregoing instrument is the corporate seal of said corporation, that the said instrument was signed, sealed and executed on
behalf of said corporation by authority of its Board of Directors, and further acknowledge that the said instrument and the
execution thereof to be the voluntary act and deed of said corporation.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal the day and year last above
written
My commission expires
Notary Public
Form 103 -12 -98
el 2009
y � CHE
9 7
5. SURETY, for value received, agrees that no changes, extensions of time, alteration
or modifiliption of SPECIFICATIONS NO. PW , or of the obligation to be performed will
in affect its obligation on this bond, and it waives notice of any such change, extension of
IVation or modification of the contract documents or of the obligation to be performed.
c 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 7th day of January 20 09
H P BU S, INC.
BY : ,
PRINCIPAL's PR S E
7
PRINCIPAL's SECR TARY
WESTERN SURETY COMPANY
01 SURETY's PRESIDENT
BY: e. Are, AS3't sec.
SURETY's SECRETA Y
PRINCIPAL's MAILING ADDRESS:
H P Builders, Inc.
12523 Limonite Ave._ Ste. 440 -357
Mira Loma, CA 91752
SURETY's MAILING ADDRESS:
WESTERN SURETY COMPANY
101 S. Phillips Ave.
Sioux Falls, SD 57104 -6703
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.
LWOR AND MATEAW 6 BOND FF.2 (GSUM) I- F -2
3 R 9 2'
IA ALL - PURPOSE ACKNOWLEDGMENT
State of California
County of Rlya S1.be
On 7 before me, �ffl.D ��17tZ N07A/�y fU9ZIC
Date Here Insert Name and Title of the Officer
personally appeared
PRITI B. PATEL
Commission # 1570094
Notary Public - California =
' San Bernardino County '-
My Comm. Expires Apr 17, 2009
who proved to me on the basis of satisfactory evidence to
be the person@ whose namee a i ar subscribed to the
within instrument and acknowledged to me that
he /she they' xecuted the same in his/her heir uthorized
capacity les and that by his /her eir° signature@ on the
instrument the person, or the entity upon behalf of
which the person(® 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 m hand and official seal.
Place Notary Seal Above Signature Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: lfti�W &N A
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Kotj 4LD ., No
I J Individual
E Corporate Officer — Title(s): -_
Cl Partner — ❑ Limited ❑ General
J Attorney in Fact
Ll Trustee
I-1 Guardian or Conservator
I I Other:
Signer Is Representing:
RIGHTTHUPr1BPRINT
OF SIGNER
.• of thumb here
Number of Pages: -
Signer's Name:
U Individual
❑ Corporate Officer — Title(s): ___
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
F I Other:
Signer Is Representing:
RIGHT THUMBPRINT
OF SIG14ER
.• of
02007 National Notary Association • 9350 De Soto Ave., PO. Box 2402 • Chatsworth, CA 91313-2402- www.NationalNotary.org Item #5907 Reorder Call Toll -Free 1- 600 -876 -6627
3897 . s
0
Western Surety Company
POWER OF ATTORNEY - CERTIFIED COPY
Bond No. 70641785
Know All Men fly These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the
laws of the State of South Dakota, and having its principal office in Sioux Falls, South Dakota (the "Company "), does by these presents
make, constitute and appoint B. Arp
its true and lawful attorney(s) -in -fact, with full power and authority hereby conferred, to execute, acknowledge and deliver for and on
its behalf as Surety, bonds for
Principal: H P Builders, Inc.
Obligee: City of El Segundo
Amount: $500,000.00
and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Senior Vice President, sealed
with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said
attorney(s) -in -fact may do within the above stated limitations. Said appointment is made under and by authority of the following
bylaw of Western Surety Company which remains in full force and effect.
"Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the
corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such
other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the
Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of
the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other
obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile."
All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of May 31
2009 , but until such time shall be irrevocable and in full force and effect.
In Witness Whereof, Western Surety Company has caused these presents to be signed by its Senior Vice President, Paul T.
Bruflat, and its corporate seal to be affixed this 7th day of January 2009
WE S R SURE Y COMPANY
Paul T. Bruflat enior Vice President
STA'f) -OF SOUT H AAKOTA
' sS
COUNTY OT- TVIIMN1±`IiAHA
On this 7th day of January in the year 2009 before me, a notary public, personally appeared
Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of
WESTERN SURF.'I'Y COMPANY and acknowledged said instrument to be the voluntary act and deed of s id corporation.
�titititititiShYti4.tititititititi4htititi { / /�
X D. KRELL
+ NOTARY PUBLIC f (/
r r ct SEAt s otary Public - South Dakota
SOUTH DAKOTA +
+ ♦tititi4titititititii N44b tih hbh4ti �
My Commission Expires November 30, 2012
1 the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the
attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company
as set forth in the Power of Attorney is now in force.
in testimony whereof, i have hereunto set my hand and seal of Western Surety Company this 7th day of
January 2009
WES R/ StJRE Y COMPANY
Paul T. Bruflat enior Vice President
Form F5306 -9 -2006