4132 CLOSED4132. ..:�
ORIGINAL
PUBLIC WORKS CONTRACT
BETWEEN
THE CITY OF EL SEGUNDO AND
Kalban, Inc.
This CONTRACT is entered into this 16TH day of March, 2011, by and between
the CITY OF EL SEGUNDO, a general law city and municipal corporation ( "the City ")
and Kalban, 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
FORTY SIX THOUSAND NINE HUNDRED NINETY SEVEN DOLLARS AND EIGHTY
SIX CENTS ($46,997.86) 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 N/A 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
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 Jonas
Principal Engineer
350 Main St.
El Segundo, CA 90245
310 -524 -2361
The Contractor
David Pool
Vice President
9075 Glenoaks Blvd.
Sun Valley, CA 91352
818 -504 -1067
Any such written communications by mail will be conclusively deemed to have been
received by the addressee three (3) days after deposit thereof in the United States Mail,
postage prepaid and properly addressed as noted above. In all other instances, notices
will be deemed given at the time of actual delivery. Changes may be made in the
names or addresses of persons to whom notices are to be given by giving notice in the
manner prescribed in this paragraph.
13. NO THIRD PARTY BENEFICIARY. This Contract and every provision herein is for
the exclusive benefit of the Contractor and the City and not for the benefit of any other
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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.
CITY,OF EL SEGUNDO
Kalban. Inc.
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I'll CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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State of California
County of Los Angeles
On March 22, 2011 before me, David E. Poole, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared
DAVID E. POOLE
Commission #t 1881269
LID Notary Public - California
Los Angeles County
Comm, Expires Feb 28, 2014
Miron Kalebiian
who proved to me on the basis of satisfactory evidence to
be the person* whose nameps) is /am subscribed to the
within instrument and acknowledged to me that
he4A,, u I*y executed the same in his/hte&*xkr authorized
capacity, and that by his/J=**DQr signature(s) on the
instrument the person(s), 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 and and official se
Signature
Place Notary Seal Above 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: Contract Agreement - City of E1 Segundo
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Miron Kalebjian
D Individual
ILI Corporate Officer — Title(s): President
❑ Partner— C Limited [j General
Attorney in Fact
r, Trustee Too of ;numb here
Guardian or Conservator
Other:
Signer Is Representing:
Kalban, Inc.
Number of Pages:
Signer's Name:
[,'Individual
C Corporate Officer — Title(s):
Ci Partner — i_j Limited !,:] General
Fi Attorney in Fact
L� Trustee
lI Guardian or Conservator
!-1 Other:
Signer Is Representing:
RIGHTTHUMBPRINT
OF SIGNER
02007 National Notary Association • 9360 De Soto Ave.. P0. Box 2402 • Chatsworth, CA 91313 -2402 • www Nationa)Notary.org Item #5907 Reorder: Call Toll -Free 1 800 876.6827
4132..'
FAITHFUL PERFORMANCE BOND
2010 -2011 ANNUAL CONTRACT FOR P.C.C. CURB, GUTTER,
SIDEWALK AND OTHER MINOR IMPROVEMENTS
IN THE CITY OF EL SEGUNDO — SPECIFICATION NO.: PW 11-01
Executed in Two Counterparts
Bond No. 12075672
Pond Fpe: $329.00
remium is or contract term and is subject
to adjustment based on fins) contract price
Kalbain. Inc. ( "PRINCIPAL ")
and The Guarantee Company of North America USA , a corporation
Incorporated under the laws of the State of Michigan 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 FORTY SIX THOUSAND NINE
HUNDRED NINETY SEVEN DOLLARS AND EIGHTY SIX CENTS ($46,997.85), 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 11 -01, 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 improvements Identified in SPECIFICATIONS
NO. PIN 11-01, a copy of which is on fire with C(T'Y'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 will be firmly bound for the payment of all necessary costs
therefor.
3. PRINCIPAL will' guarantee its work against any defective work, tabor, or materials on
the Public Project for a period of one (1) year following the Public Project's completion and
acceptance by CiTY.
.ia.erbaaCll.— iR.1001C1PVY FnlhlulCMOrmanM M�n� IIgJ)
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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 11-01 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;
S. 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 th acceptance of the performance by CITY; otherwise this obligation will
remain in full force and effe
SI AND SEALED is 21 day of March , 2011
JInc. / A The Guarantee Coyrtpany of North America USA
P I CIPAL's P SIDENT M n Kalebj an SU Y's William Syrkin, Attorney -in -Fact
PRINCIPAUK SECRETARY Bonnie Lane
PRINCIPAL's MAILING ADDRESS:
9075 Glenoaks Boulevard
Sun Valley, CA 91352
SURETY'S A. Wilkison, Notary Public
SURETY's MAILING ADDRESS:
1800 Sutter Street, Ste 880
Concord, CA 94520
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.
5pAdVJ0b*W- RoMd1APyy rdMM roMnnNw. Bond 1+m!q
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State of California
County of Los Angeles
On March 22, 2011 before me, David E. Poole, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Miron Kalebjian and Bonnie Lane
DAVID E. POOLE
Commisshm 1 1881269
Notary Public • California
La Angela County
lamycorrn.E a Feb 26, 2011
41 3 2 • 4' j
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) its /are subscribed to the
within instrument and acknowledged to me that
hedshetthey executed the same in hie har /their authorized
capacity(ies), and that byAisi w /their signature(s) on the
instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature Q__), � L1_
Place Notary Seal Above 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: Contract Bonds - City of E1 Se
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Number of Pages:
Signer's Name: Miron Kaleb j ian Signer's Name: Bonnie Lane
1i Individual j Individual
RX Corporate Officer — Title(s): President X Corporate Officer — Title(s): Secretary
❑ Partner — Ci Limited F- General 1. ri Partner — �71 Limited %.! General
El Attorney in Fact • 1=J Attorney in Fact •
Trustee
Trustee
Top of thumb hero i :J Top of thumb here
Guardian or Conservator L-1 Guardian or Conservator
I] Other: i J Other:
Signer Is Representing: Signer Is Representing:
Kalban. Inc. Kalban. Inc.
02007 National Notary Association • 9350 De Soto Ave., PO. Box 2402 -Chatsworth. CA 91 3 1 3 24 02• www.NationalNotaryorg Item x5907 Reorder. Call Toll -Free 1- 800 -876 -6827
4132. 6. a
ACKNOWLEDGMENT CALIFORNIA ALL-PURPOSE
;��T\ � \' ✓., ?yYi. �'T�.: \�N,.yYiyS:�.., )- �C.h�..�2. -VN - :)2.�YV, �7i C.NYHL�'IS)�.�1,�..L�S'�V1.. -Yid.: 1S �{r� iT�..�)�:�. ..91,- :� -..7. waf..4�. G? wa: ).:9. ..y.. -Vi..: 1.�A �H..:?. :�
State of California
County of Orange
On 03/21/11 before me, A. Wilkison, Notary Public
Date Here Insert Name and TMe of the Officer
personally appeared William Syrkin
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person(~!) whose name(G) is/we subscribed to the
within instrument and acknowledged to me that
he/shetkhey executed the same in his/beA*;sic authorized
capacity(iea), and that by his/her4heir signature(4 on the
instrument the person(*, or the entity upon behalf of
' WILKISON which the persona} acted, executed the instrument.
t ?" Commission # 1866283
ZE-w Notary Public - California i I certify under PENALTY OF PERJURY under the laws
Z ` Y Orange County ' of the State of California that the foregoing paragraph is
J rely Comm. Expires Sep 260 2013 true and correct.
WITNESS my hand and official seal.
Place Notary seal Above Signature . ��11' se 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: Performance Bond No. 12075672
Document Date: 03/21/11
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: William Syrkin
Individual
Corporate Officer —Title (s):
Partner — =7 Limited General
Attorney in Fact
Top of tnumh here
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
The Guarantee Company or North America USA
Number of Pages: Two (2
Signer's
L' Individual
❑ Corporate Officer — Title(s):
Partner — :) Limited C General
Attorney in Fact
_- Trustee
Guardian or Conservator
Other: _
Signer Is Representing:
Top of thumb Hera
r
I
i
02007 National Notary Associaton • 9350 De Soto Ave.. PO. Box 2402 -Chatsworth. CA 91313 -2402• www.NationalNotary.org Item #5907 Reorder. Cali Ton. Free 1 800- 876.6827
4132.,
THE GUARANTEE COMPANY OF NORTH AMERICA USA
Southfield, Michigan
POWER OF ATTORNEY
KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the
laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint
William Syrkin, Sergio D. Bechara, Rebecca Ann Haas - Bates, Patricia Ann Bauer, Richard Leroy Adair
Millennium Corporate Solutions, Inc.
its true and lawful attorney ( s) -in -fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings contracts of
indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule. regulation. contract
or otherwise.
The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA
USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the
principal office.
The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9 03 of the By -Laws
adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 3151 day of December, 2003
The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority:
1 To appoint Attorney(s) -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds
and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, and
2. To revoke, at any time, any such Attorney -in -fact and revoke the authority given, except as provided below
3. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to
the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner —
Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation.
Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting
duly called and held on the 3131 day of December 2003, of which the following is a true excerpt:
RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification
thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof. and
such signature and seal when so used shall have the same force and effect as though manually affixed.
IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused
this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 29th day
of April, 2010.
llv� THE GUARANTEE COMPANY OF NORTH AMERICA USA
9 Jq�
STATE OF MICHIGAN Stephen C. Ruschak, Vice President Randall Musselman, Secretary
County of Oakland
On this 29th day of April, 2010 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly
sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said
instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of
said Company.
Cynthia A. Takai IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee
Notary Public, State of Michigan Company of North America USA offices the day and year above written.
County of Oakland %
My Commission Expires Oakland Co nt 2012 A " . f�
Acting in Oakland County 7
I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true
and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect
IN WITI�IESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 21st day of March, 2011
V T[fC
% 3� Randall Musselman, Secretary
'�q►NAMER�'
4132.;lw;
STATE OF CALIFORNIA
DEPARTMENT of INSURANCE N4 08305
SAN FRANCISCO
Amended
Certificate of Authority
THIS IS TO CERTIFY THAT Pursuant to the Insurance Code of the State of California,
The Guarantee Company of North America USA
Of Michigan , organized under the
laws of Michigan , subject to its Articles of Incorporation or
other fundamental organizational documents, is hereby authorized to transact within the State, subject to
all provisions of this Certificate, the following classes of insurance:
Surety
as such classes are now or may hereafter be defined in the Insurance laws of the State of California.
THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in
J1411 compliance with all, and not in violation of any, of the applicable lawsand lawful requirements made
under authority of the laws of the State of California as long as such laws or requirements are in effect
and applicable, and as such laws and requirements now are, or may hereafter be changed or amended.
IN WITNESS WHEREOF, effective as of the 20th
day of December 2006 , I have hereunto
set my hand and caused my official seal to be affixed this
20th day of December 2006
John Garamendi
Insurance Commissioner
By ,J
Patricia K. taggs
for Richard D. Baum m#xm
Chief Deputy
NOTICE:
Qualification with the Secretary of State must be accomplished as required by the California Corporations Code promptly
after issuance of this Certificate of Authority. Failure to do so will be a violation of Insurance Code Section 701 and will be
grounds for revoking this Certificate of Authority pursuant to the convenants made in the application therefor and the
conditions contained herein.
PORN aw
4W osa oo savi
4132.91
LABOR AND MATERIALS BOND
2010 -2011 ANNUAL. CONTRACT FOR P.C.C. CURB, CURB AND CUTTER,
SIDEWALK AND OTHER MINOR IMPROVEMENTS
IN THE CITY OF EL SEGUNDO — SPECIFICATION NO.: PW 11 -01
Executed in Two Counterparts
Bond No. 12075672
Bond Fee: Included in Performance Bond
Kalban. Inc. _ _ . as principal
( "PRINCIPAL ") and The Guarantee Company of North America USA , a corporation
Incorporated under the laws of the State of Michigan 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 FORTY SIX THOUSAND NINE
HUNDRED NINETY SEVEN DOLLARS AND EIGHTY SIX CENTS ($46,997.86), which is a
minimum one hundred percent (100 %) of the contract, lawful money of the United States, which may
be increased or decreased by a rider hereto executed in the same manner as this bond, for the
payment of which sum PRINCIPAL and SURETY bind themselves, their successors, and assigns,
jointly and severally, by this instrument.
This bond is conditioned capon 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 1
SPECIFICATIONS NO.: PW 11 -01 ( "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 CONDMONS
1. PRINCIPAL will construct the public improvements identified in SPECIFICATIONS
NO.: PW 11.01, 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 CtTY's plans and profiles (CITY DRAWfNG 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 conWPance with all applicable law
including, without limitation, the EI Segundo Municipal Code ( "ESMC").
4 1 3 2 i
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a
5. SURETY, for value received, agrees that no changes, extensions of time, alteration
or modification of SPECIFICATIONS NO,: PW 11-01, 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 anW,4,
SI*a, SEALEday of March , 2011
Kc The Guarantee J ^any of North America USA
PRIM,C)PAL's PRE�IDENT MirogKaleb j ian/ SURC`T ffa] VLTfT William Syrkin, Attorney -in -Fact
's SECRETARY Bonnie Lane
PRINCIPAL's MAILING ADDRESS;
9075 Glenoaks Boulevard
Sun Valley, CA 91352
SURETY's SEGREFARY A. Wilkison, Notary Public
SUR,ETY's MAIrrWQ ADDRESS:
1800 Sutter Street, Ste 880
Concord, CA 94520
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.
LAM MA WIrERIA1,4 DOND 1•1t•E (Mr7AM I -F-2
4132., ,•
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
,;.]i .vs \t/- ••j<,: ]«TN, -v_.. �? �c�. <,.'+a.'.: �c� . j`,..... .j >�.' �•.: �?!c].Nyv: ]S / -�i s� vs. S]S�os. oi- oi. vi. va... ti oa. oa vi. 'w.�v...
State of California
County of Los Angeles
On March 22, 2011 before me, David E. Poole, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Miron Kaleb j ian and Bonnie Lane
Name(s) of Signer(s)
DAVID E. POOLE
Commission ;# 1881269
Notary Public - California
Loa Angeles County
MY Comm. ExOres fob 28, 2014
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
hetshWthey executed the same in histher /their authorized
capacity(ies), and that by*isiW /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 an official seal.
Signature I.-__ Place Notary Seal Above 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: Contract Bonds — City of E1 Segundo
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Miron Kaleb j ian
❑ Individual
Number of Pages:
Signer's Name: Bonnie Lane
CI Individual
`?_ Corporate Officer — Title(s): President !X Corporate Officer — Title(s): Secretary
El Partner — ❑ Limited '_ I General ❑ Partner — ❑ Limited ❑ General
Attorney in Fact
El Trustee
Guardian or Conservator
r' Other:
Signer Is Representing:
Kalban, Inc.
1 11HUMbPHINII
OF SIGNER
•• of thumb here
F.'. Attorney in Fact
F] Trustee
Guardian or Conservator
❑ Other:
Signer Is Representing:
Kalban, Inc.
OF SIGNER
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 -800- 876 -6827
.�
cT<.. a:. �Y:)•,:+ nfl+:.._ SY,.:T r/ a? vs,.. Sj.,. wGmit.? iC. y.. ti4, jTiw>i:�aS,c�N:?:!.� ;�7S::Te..T .f�Tt. ai -.7t!� sjT. }T9!vi. .:�T..C�i . a. . . .
State of California
County of Orange
On 03/21/11 before me, A. Wilkison, Notary Public
Date Here Insert Name and Tltle of the Officer
personally appeared William Syrkin
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person(-&) whose name(#) is/we subscribed to the
within instrument and acknowledged to me that
he/ah !it executed the same in hisl%@A4heic authorized
capacity(iee), and that by his/befAhei(r signature(4 on the
instrument the person(*, or the entity upon behalf of
which the person* acted, executed the instrument.
,- A. WILKISON
Commission At 1666283 Z I certify under PENALTY OF PERJURY under the laws
,_
Z :i a+ Notary Public - California z
Z ''•;b" Orange County ' of the State of California that the foregoing paragraph is
My Comm. Expires Sep 26 2013 true and correct.
WITNESS my hand and official seal.
Signature =��--
Place Notary Seal Above G 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: Payment Bond No. 12075672
Document Date: 03/21/11
Signer(s) Other Than Named Above:
Capecity(ies) Claimed by Signer(s)
Signer's Name: William Syrkin
Individual
Corporate Officer — Title(s): _
Partner — _-� Limited -J General im
Attorney in Fact
Trustee Top of thurnt here
Guardian or Conservator
Other:
Signer Is Representing: _
The Guarantee Company of North America USA
_ Number of Pages: Two (2)
Signer's Name:
C' Individual
C Corporate Officer — Title(s): - _. -...
E. Partner — - Limited ` General
Attorney in Fact
Trustee
L Guardian or Conservator
Other:
Signer Is Representing:
Top cf Ihumb here
02007 National Notary Association • 9350 De Soto Ave.. PO. Box 2402 • Chatsworth, CA 913132402 • www.Nat*nalNotary.org Item #5907 Reorder. Call Tell Free 1 800 876 6827
4132.
THE GUARANTEE COMPANY OF NORTH AMERICA USA
Southfield, Michigan
POWER OF ATTORNEY
KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the
laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint
William Syrkin, Sergio D. Bechara, Rebecca Ann Haas - Bates, Patricia Ann Bauer, Richard Leroy Adair
Millennium Corporate Solutions, Inc.
its true and lawful attorney(s) -in -fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings. contracts of
indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule. regulation contract
or otherwise.
The execution of such instrument(s) in pursuance of these presents. shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA
USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the
principal office.
The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By -Laws
adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 3151 day of December, 2003
The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority:
1. To appoint Attorneys) -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds
and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, and
2. To revoke, at any time, any such Attorney -in -fact and revoke the authority given, except as provided below
3. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to
the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner —
Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation.
Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting
duly called and held on the 3131 day of December 2003, of which the following is a true excerpt:
RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification
thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and
such signature and seal when so used shall have the same force and effect as though manually affixed.
IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused
this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 29th day
TEE of April, 2010.
THE GUARANTEE COMPANY OF NORTH AMERICA USA
AMEMG /
STATE OF MICHIGAN Stephen C. Ruschak, Vice President Randall Musselman, Secretary
County of Oakland
On this 29th day of April, 2010 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly
sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said
instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of
said Company.
Cynthia A. Takai IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee
Notary Public, State of Michigan Company of North America USA offices the day and year above written.
County of Oakland
° My Commission Expires February 27, 2012
�waw„ Acting in Oakland County
I. Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true
and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA. which is still in full force and effect
IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 21 st day of March, 2011
�NTEEC
CfJ �
Randall Musselman, Secretary
'4711 AUEa�
4132.,',)
STATE OF CALIFORNIA
DEPARTMENT OF INSURANCE NQ 08305
SAN FRANCISCO
Amended
Certificate of Authority
THIS IS TO CERTIFY THAT Pursuant to the Insurance Code of the State of California,
The Guarantee Company of North America USA
Of Michigan , organized under the
laws of Michigan , subject to its Articles of Incorporation or
other fundamental organizational documents, is hereby authorized to transact within the State, subject to
all provisions of this Certificate, the following classes of insurance:
Surety
as such classes are now or may hereafter be defined in the Insurance Laws of the State of California.
THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in
full compliance with all, and not in violation of any, of the applicable laws and lawful requirements made
under authority of the laws of the State of California as long as such laws or requirements are in effect
and applicable, and as such laws and requirements now are, or may hereafter be changed or amended.
IN WITNESS WHEREOF, effective as of the 20th
day of December 2006 , I have hereunto
set my hand and caused my ofcial seal to be affixed this
20th day of December 2006
John Garamendi
Insurance Commissioner
By
Patricia K. t%
for Richard D. Baum mp,o
Chief Deputy
NOTICE:
Qualification with the Secretary of State must be accomplished as required by the California Corporations Code promptly
after issuance of this Certificate of Authority. Failure to do so will be a violation of Insurance Code Section 701 and will be
grounds for revoking this Certificate of Authority pursuant to the convenants made in the application therefor and the
conditions contained herein.
r.-ert
M osvoo sawi
,.1.
PROPOSAL 4 132
FOR THE
2010 -2011 ANNUAL CONTRACT FOR
P.C.C. CURB, BUTTER, SIDEWALK
AND OTHER MINOR IMPROVEMENTS
IN THE CITY OF EL SEGUNDO
SPECIFICATIONS NO.: PW 11 -01
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 govem 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.
I-C -1
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.
P. LeA Iii,11AIC i
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.
I -C -2
CITY OF EL SEGUNDO - BID SHEET
PROJECT NO. PW 11 -01 41 3 Z .j �*AA
CITY FUNDED WORK
ITEM
ESTIMATED
UNIT PRICE
UNIT PRICE
AMOUNT
NO.
QUANTITIES
WRITTEN IN WORDS
IN FIGURES
EMONUMMUNNINUM
Remove and replace 4" thick P.C.C.
sidewalk, including excavation, root removal,
�3
1
3,094 S.F.
grading, and parkway restoration for
$
sk'6
per S.F.
c�
Remove and replace 6" high P.C.C. curia,
Including excavation, root removal,
for
CID
2
602 L.F.
grading, and asphalt patch
" d �, o l�I'- per L.F.
Remove and replace 6" thick P.C.0
driveway, including excavation, root
3
1,064 S.F.
removal, grading and asphalt patch for
$
$
o U,4-e.(\ U'Apper S.F.
TOTAL BID = $ 4�s , 9 Qt q �
TOTAL BID WRITTEN IN WORDSF U S`Y. �LA" �l
1-C-3 (page 1 of 2)
Nate: Due to the as needed nature of the proposed work, the City is unable to
accurately predict the final work quantities for each item during the one -
year term of the contract.
The above estimated quantities are established to determine the apparent
low bidder. Actual final work quantities may be higher or lower than these
estimated quantities. No adjustments shall be made in the bid unit prices
for the variation between the above estimated quantities and the final
actual quantities.
I -C -3 (page 2 of 2)
BIDDER'S INFORMATION
BIDDER certifies that the following information is true and correct:
Bidder's Name /� 1A AC
Form of Legal Entity (i.e., individual, partnership, corporation, etc.)
CCieA- '-0'f -T/ a„/
If corporation, State of Incorporation (i.e., Califomia) CW
Business
Address
Telephone No. g'► X (' -o �4 i a I
Facsimile No. 6V It .5-0 e-/ /,s-Y6
State Contractor's License No. and Class ' 7.�5 y
Original Date Issued �S - / .7 - e7 Expiration Date 3- 5/-
41?2 104
The following are the names, titles, addresses, and phone numbers of all Individuals, firm
members, partners, Joint ventures, and/or corporate officers having principal interest in this
proposal:
rL11��2�A HL& i
f le- s—zw - ioGs'�
The date of any voluntary or involuntary bankruptcy judgments against any principal having an
interest in this proposal is as follows:
All current and prior DBA's, aliases, and/or fictitious business names for any principal having an
interest In this proposal are as follows:
y�
I -C -4
4 3 2 . „ *.'A
IN WITNESS WHEREOF, BIDDER executes and�its this pr posal with the names, titles,
m
hands, and seals of all aforenaed principals this day of - Wrr,, 20
BIDDER
��L a�f,-Pl .12W -
r
f 7
i
Subscribed and swom to this 7/7 day of,� , 20 �/.
NOTARY PUBLIC
-C -5
41 32 . 4;,.,,
PROPOSAL GUARANTEE.
BID BOND
2010.2011 ANNUAL CONTRACT FOR
P.C.C. CURBo GUTMR, SIDEWALK
AND OTHER MINOR IMPROVEMENTS
IN THE CI'T'Y OF EL SEGUNDO
SPECIFICATIONS NO.: PW 11-01
KNOW ALL MEN BY THESE PRESENTS that,
Kalban, Inc. , as BIDDER, and
The Guarantee Company of North America USA , as SURETY, are held and firmly bound unto the Cltyof El Segundo,
In the penal SUM of Ten Percent of Amount Bid DOLLARS ($ 10% ), which is tell (10%) percent
of the Natal amount bid by BIDDER to the City of El Segundo for the above stated project, for the
payment of which gum, BIDDER and SURETY agree to be bound, jointly and severally, firmly by
these presents.
THE CONDITIONS OFTHIS OBLIGATION ARE SUCH that whereas BIDDER Is aboutto submit a
bid to the City of Ell Segundo for the above stated project, if said bid is rejected, or If sold bid Is
accepted and a contract Is awarded and entered Into by BIDDER In the manner and time specMed,
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 parties hereto have set their names, titles, hands, and seals this
28th day of January , 2011
BIDDER* Kalban, Inc. 9075 Glenoaks Boulevard, Sun Valley, CA 91352 (818)504 -1065
L
SURETY* The Guarantee Company of North America USA 1800 Sutter Street, Suite 880, Concord, CA 94520 (925) 566 -6040
Kevin Chambers
dlia Attorney-in- t
Subscribed and swom to this day of _, 20
NOTARY PUBLIC ** *Please See Attached * **
Provide BIDDERISURETY name, address and telephone number and the name, title,
address and telephone number for authorized representative.
I-CW6
THE GUARANTEE COMPANY OF NORTH AMERICA USA
Southfield Michigan
POWER OF ATTORNEY ,
KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the
laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint
William Syrkin, Sergio D. Bechara, Rebecca Ann Haas - Bates, Patricia Ann Bauer, Richard Leroy Adair
Millennium Corporate Solutions, Inc.
its true and lawful attorneys) -in -fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of
indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract
or otherwise.
The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA
USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the
principal office.
The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9 03 of the By -Laws
adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31" day of December, 2003
The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority:
1 To appoint Attorney(s) -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds
and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and
2. To revoke, at any time, any such Attorney -in -fact and revoke the authority given, except as provided below
3. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to
the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner —
Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation.
Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting
duly called and held on the 31st day of December 2003, of which the following is a true excerpt:
RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification
thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and
such signature and seal when so used shall have the same force and effect as though manually affixed.
IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused
TEE
►+
instrument to be signed and its corporate seal to be affixed by its authorized officer, this 29th day
of April, 2010.
G
THE GUARANTEE COMPANY OF NORTH AMERICA USA
,g�
40R� AMEF�O'
STATE OF MICHIGAN
Stephen C. Ruschak, Vice President
Randall Musselman, Secretary
County of Oakland
On this 29th day of April, 2010 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly
sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said
instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of
said Company.
Cynthia A. Takai IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee
Notary Public, State of Michigan Company of North America USA offices the day and year above written.
County of Oakland
to My Commission Expires February 27, 2012
Acting in Oakland County
I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true
and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect.
IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 28th day of January, 2011
�.NTlE C
OJ
Randall Musselman, Secretary
OR�4'NfAMEa`GP
4? 32 . ,,..A
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
yS�aN�'.•::)Y „v; t,:+�t.r ?Y „?g�:)� ijt. yjg: �>.. �iti.•+ ;SCv?S,.�trjt!a$N�S,yt:cji�+? >: =)• _:)S: i::.?�S!:it, Wit!:) .? L:) 9.: aS�T�.. �?. .;9Y0�a..N�s)>.:A.N'�.'.b)..:i >..oi..RY ?..�
State of California
County of Orange
On 01/28/11 before me, A. Wilkison, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared William Syrkin
Name(s) of Signer(s)
%! ';
A. WILKISON
Commission 1866283
.
#
Notary Public - California z
Z'`'
Orange County >
My Comm. Expires Sep 26, 2013
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to
be the person(,&) whose name(c) is /are subscribed to the
within instrument and acknowledged to me that
hefshekhey executed the same in his/her#h& authorized
capacity(ies), and that by his/her,414eir: signature(c} 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 my hand and official seal.
SignatureL2'"�L�e� —��s 1—
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: Bid Bond
Document Date: 01/28/11
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: William Syrkin
Individual
Corporate Officer — Title(s):
Partner — C Limited ❑ General
p Attorney in Fact
Trustee Top of thumb here
Guardian or Conservator
Other:
Signer Is Representing:
The Guarantee Company of North America USA
Number of Pages: One (1
Signer's Name: —
O Individual
0 Corporate Officer — Title(s): _
rt Partner — 0 Limited L General
-1 Attorney in Fact
E- Trustee Top of thumb here
L�� Guardian or Conservator
O Other:
Signer Is Representing:
02007 National Notary Association • 9350 De Soto Ave.. PO. Box 2402 • Chatsworth, CA 91313 -2402 • www.NationaiNotary.org Item $5907 Reorder Can Toll-Free 1 800- 8766827
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT
1 J L
State of California
ss.
County of Los Angeles
On 1A —, I before me, Michael Edward Lifsey, Notary Public
personally appeared Dave Poole
who proved to me on the basis of satisfactory evidence to
be the person whose name is subscribed to the within
instrument and acknowledged to me that he executed the
same in his authorized capacity, and that by his signiture
on the instrument the person, or the entitiy upon behalf of
which the person acted, executed the instrument.
1a7 MG1�L I 0 LI�iE11
CMWAM a • Illi 4 1 certify under PENALTY OF PERJURY under the laws of
Newy PON - COOK* the State of California that the foregoing paragraph is true
Les M$" and correct.
S. 1
WITNESS my hand and official seal
% Signiture of No Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons,*elying on the document and could
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Description of Attached Document
Title or Type of Document:
Document Date: I - -? -- i Number of Pages:
Signer Other Than Named Above: w/ t k- r.Atit 5 4�i�!' f 4
Capacity Claimed by Signer
Signer's Name: Dave Poole
Individual
■
corporate Officer- Title: Vice President
Partner
Attorney - in - fact
Trustee
r7
Guardian
M
Other:
Signer is Representing: Kalban, Inc,
4`11- • J..,-A
CONTRACTOR'S LICINSE DECLARATION
(Business and Professions Code Section 7028.18)
1. BIDDER'S Contractor's License Number is:
5D7530 Class No.: _ A
2. The expiration date of BIDDER'S Contractor License is:
3-3) , 20/3.
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 77[�2Q /1 , at
54,W << 4f! (insert City and State where Declaration Is signed).
Signature
-c .401�F_ /Clo'z.
Typed Name:
%C���,PcSiy •��c/7r
Title:
Name of Bidder:
I -C -7
4 2 • 4i to, a!
NON - COLLUSION AFFIDAVIT TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
State of California )
) ss.
County of �o s 11�iYlE1Ff)
Prot r , being first duly sworn, deposes and say that he or she is
of 15e.?Ifi, ZIjC-
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.
Signature
'�Woc
Typed Name
Orr
Title
I -C -8
Name of Bidder
Date
CERTIFICATION
Section 1861 OF THE LABOR CODE
(Workers' Compensation)
Pursuant to Section 1881 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:
L�l
Title: i/I C' c- 2ee75 r. ��
Business Name: Kf e- 641/ , ZW c
Business Address: —67�, ,r ewj pf04-;,>
,5y.✓
Telephone Number:
C�`1 �C :'yrr' 1
Dated this da y of , 20
I -C -9
4132.��
BIDDER'S CERTIFICATION OF SUBCONTRACTORS
As detailed in Section 2-3.1 (Page II -B-3) of the City 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 SUBCONTRACTED WORK
(Make copies of this page if additional space is needed)
Signature of Bidder Date
I-C -10
41 32 . .,�
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: 4T e-r
Location:
Name and address of owner
Name and telephone number of person familiar with project
Type of Work:
Contract amount: $ Date completed:
Amount of work done by my /our firm under contract $
Did your firm have any financial interest in Project?
2. Project Title:
Location:
Name and address of owner
Name and telephone number of person familiar with project
Type of Work:
Contract amount: $ Date completed:
Amount of work done by my /our firm under contract $
Did your firm have any financial interest in Project?
3. Project Title:
Location:
Name and address of owner
Name and telephone number of person familiar with project
Type of Work:
Contract amount: $ Date completed:
Amount of work done by my /our firm under contract $
Did your firm have any financial interest in Project?
I -C -11 (Page 1 of 2)
4132.,;.4
4. Project Title:
Location:
Name and address of owner
Name and telephone number of person familiar with project
Type of Work:
Contract amount: $ Date completed:
Amount of work done by my /our firm under contract $
Did your firm have any financial Interest in Project?
S. Project Title:
Location:
Name and address of owner
Name and telephone number of person familiar with project
Type of Work:
Contract amount: $ Date completed:
Amount of work done by my /our firm under contract $
Did your firm have any financial interest in Project?
The following are the names, addresses, and telephone numbers for all brokers and sureties
from whom BIDDER intends to procure Insurance bonds:
TEV a"Cle -s 0 -Z)rce
I -C -11 (Page 2 of 2)
KAUSAN, INU.
GENERAL ENGINEERING CONSTRUCTION
818 - 504 -1065 Fax:818- 504 -1067
Recently Comoleted Prolects and Reference List
4132.4a1aA
City of Burbank - Contact: Adam Salehi - 818- 238 -3946
2010 - 2011 Sidewalk Repair Program
Removal and Replacement of Damaged PCC Various Locations
$1,571,050.00
2009 - 2010 Sidewalk Repair Program
Removal and Replacement of Damaged PCC Various Locations
$334,000.00
2008 - 2009 Sidewalk Repair Program
Removal and Replacement of Damaged PCC Various Locations
$ 1,100,000.00
2007 CDBG Street Project
Removal and Replacement of Damaged PCC Various Locations
$120,000.00
2006 Sidewalk Repair Project
Removal and Replacement of Damaged PCC Various Locations
5535,230.00
2005 Oak St. & Bel Air Dr. Improvements
Street Reconstruction Asphalt Resurfacing, PCC Replacment
5720,000.00
2004 CDBG Street, Alley & Sidewalk
Replacement of Asphalt Street with Portland Cement Concrete
$598,010.00
2002 -2003 CDBG Street Project
Street Reconstruction Asphalt Resurfacing, PCC Replacment
S389,159.00
City of Anaheim
- Contact: Dave Hernandez - 714 - 936 -4795
2010 Concrete R &R Services Annual
Removal and Replacement of Damaged PCC Various Locations
$1,060,000.00
2008 -2009 Resort Maintenance
Removal and Replacement of Damaged PCC Various Locations
$120,000.00
2007 -2008 Resort Maintenance
Removal and Replacement of Damaged PCC Various Locations
$260,000.00
2005 -2006 Resort Maintenance
Removal and Replacement of Damaged PCC Various Locations
$120,000.00
2002 Sidewalk Replacement Annual Contract
Removal and Replacement of Damaged PCC Various Locations
$333,000.00
City of Orange - Contact: Alan Throng - 714 - 744 -5544
2007 Annual Concrete Replacement
Removal and Replacement of Damaged PCC Various Locations
5500,000.00
2006 ADA Access Ramps
Construct Wheelchair Access Ramps, Various Locations
5132,276.00
2005 Annual Concrete Replacement
Removal and Replacement of Damaged PCC Various Locations
$400,000.00
2004 Annual Concrete Replacement
Removal and Replacement of Damaged PCC Various Locations
$204,000.00
City of Norwalk - Contact: Randy Hillman - 562- 929 -5719
2007 Local Street Project Street Reconstruction Asphalt Resurfacing, PCC Replacment $ 1,640,000.00
City of LaCanada Flintridge - Contact: Ying Kwan - 818- 790 -8882
2006 School Loading Bay Improvements
Parkway Re- Construction at Loading Zone
$ 131,978.00
Vista Del Valle /Haskell lntersectlon Recon.
Reconstruction of Intersections
595,000.00
2002 - Verdugo Blvd Street Improvements
Street Improvements
$310,000.00
City of Pasadena - Contact: Reny Qu1Jano - 626 - 744 -4720
Street Reconstruction Avenue 64 Street Improvements 51,900,000.00
Site Improvements at Various Parks ADA Compliance PCC & Mlsc Structures $485,000.00
City of Huntington Park - Contact: Pat Fu - 323 - 584 -6253
2010 Neighborhood St. Improvements
Misc Street Repairs
$436,167.51
2009 Ailey Improvements
Reconstruct PCC Alleys
$231,129.00
2008 Alley Improvements
Reconstruct PCC Alleys
$356,230.00
2007 Alley Reconstruction Project
Reconstruct PCC Alleys
$308,993.20
City of Santa
Clarita - Contact: Erven Jasamllla - 661 - 225 -4344
2009 Traffic Circulation & Safety
Median Island Construction & ADA Access Ramps
$225,681.50
2006 Intersection Modification
Street Reconstruction Asphalt Resurfacing, PCC Replacment
5394,793.00
2003 -2004 Annual Concrete Rehabilitation
Removal and Replacement of Damaged PCC Various Locations
$231,600.00
2002 -2003 Annual Concrete Program
Street Reconstruction Asphalt Resurfacing, PCC Replacment
$396,000.00
Los Angeles County Department of Public Works - Contact: Issa Adawlya - 626 - 458 -4942
2007 RDC 0012247 South Bay Bike Trail $425,000.00
2004 Project ID No. FCC0000856
Rubio Diversion Invert repair Project
$423,200.00
2003 Project ID NO. FCC0000703
Ward Channel Invert and Connector Pipe Repair
$ 168,090.00
2002 Newburgh Street, ET AL
Street Reconstruction Asphalt Resurfacing, PCC Replacment
$298,000.00
City of Glendale - Contact: Sam Mody - 818- 548 -3945
2008/2009 ADA Curb Ramps
Removal and Replacement of Damaged PCC Various Locations
$1,234,404.00
2007/2008 ADA Curb Ramps
Removal and Replacement of Damaged PCC Various Locations
$1,038,000.00
2005 /2006 ADA Curb Ramps
Removal and Replacement of Damaged PCC Various Locations
$1,071,000.00
San Fernando Corridor Street Improvements
Street Reconstruction Asphalt Resurfacing, PCC Replacment
$422,000.00