CONTRACT 4628 Public Works Contract CLOSED Agreement No. 4628
PUBLIC WORKS CONTRACT
BETWEEN
THE CITY OF EL SEGUNDO AND
AMERICAN ASPHALT SOUTH, INC.
2013-2014 FURNISHING AND APPLICATION
OF SLURRY SEAL ON VARIOUS STREETS
PROJECT NO. PW 13-15
This CONTRACT is entered into this 18th day of June, 2014, by and between the CITY
OF EL SEGUNDO, a general law city and municipal corporation ("the City") and AMERICAN
ASPHALT SOUTH, 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 Six
tluudred Forty Seven Thousand Three Hundred„Twenty Dollars andww r�!wwFive Ccuts
($647,320.75) 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.
I-D-1
Agreement No. 4628
3. TIME FOR PERFORMANCE.
A. The Contractor will fully complete the Work within Twenty-five (25) working
days (the "Contract Time.")
B. The Contract Time will commence when the City issues a Notice to Proceed. The
Contract Documents will supersede any conflicting provisions included on the
notice to proceed issued pursuant to this Contract.
C. The Contractor may not perform any Work until:
i. 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.
I-D-2
Agreement No. 4628
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 The Contractor
Stephanie Katsouleas Allan Henderson
Public Works Director President
City of El Segundo American Asphalt South, Inc.
350 Main Street, 14436 Santa Ana Ave.
El Segundo, CA 90245 Fontana, CA 92337
(310) 524-2356 (909)427-8276
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.
I-D-3
Agreement No. 4628
13. NO THIRD PARTY BENEFICIARY. This Contract and every provision herein is for the
exclusive benefit of the Contractor and the City and not for the benefit of any other party.
There will be no incidental or other beneficiaries of any of the Contractor's or the City's
obligations under this Contract.
14. INTERPRETATION. This Contract was drafted in, and will be construed in accordance
with the laws of the State of California, and exclusive venue for any action involving this
Contract will be in Los Angeles County.
15. EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity
between any provision of the Contract Documents,precedence will be as follows:
A. This Contract;
B. The Standard Specifications; and
C. Precedence of documents as determined in the Standard Specifications.
16. SEVERABILITY. If any portion of the Contract Documents are declared by a court of
competent jurisdiction to be invalid or unenforceable, then such portion will be deemed
modified to the extent necessary in the opinion of the court to render such portion
enforceable and, as so modified, such portion and the balance of this Contract will continue
in full force and effect.
17. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary
action has been taken by the Parties to authorize the undersigned to execute this Contract and
to engage in the actions described herein. This Contract may be modified by written
amendment. The City's city manager, or designee, may execute any such amendment on the
City's behalf.
18. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Contract,
agreements ancillary to this Contract, and related documents to be entered into in connection
with this Contract will be considered signed when the signature of a party is delivered by
facsimile transmission. Such facsimile signature will be treated in all respects as having the
same effect as an original signature.
19. COVENANTS AND CONDITIONS. The parties agree that all of the provisions hereof
will be construed as both covenants and conditions, the same as if the words importing such
covenants and conditions had been used in each separate paragraph.
20. CAPTIONS. The captions of the paragraphs of this Contract are for convenience of
reference only and will not affect the interpretation of this Contract.
21. TIME IS OF ESSENCE. Time is of the essence for each and every provision of the
Contract Documents.
I-D-4
Agreement No. 4628
IN WITNESS WHEREOF the parties hereto have executed this contract the day and year
first hereinabove written.
CI OF EL ,OI.iN DO
Greg C, enter fi / dyh° „!BCrr rj/
City inger
ATTEST:
Taxpayer ID No.
Trac
City lCli
Contractor State
License No.: I WO
Contractor City Business
License No.: 103Q1�
APPROVED A C , ORM:
MARK D.. HP Y", iy Attorney
Yl
By:
Karl H. Berpi-r'
Assistant�y Attor.
Insurance Reviewed b
I-D-5
Agreeme946W I8RO4oNTRACTTERM
AND IS SUBJECT TO ADJUSTMENT
BASED ON CONTRACT PRICE
FAITHFUL PERFORMANCE BOND
2013-2014 FURNISHING AND APPLICATIO
OF SLURRY SEAL ON VARIOUS STREETS
PROJECTNO. PW 13-I5
Bond No. 12111058
Bond Fee: $4737.00
American Asphalt South.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 Six Hundred Forty Seven
Thousand,Three Hundred Twven Dollars and Sevenfy Five Cents 0'64" 20. 5 ,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 13-15, 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.PW 13-15,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 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, labor,or materials
1-E-1
Agreement No. 4628
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").
5. SURETY,for value received,agrees that no changes,extensions of time,alteration or
modification of SPECIFICATIONS NO.PW 13-15 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;
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,PRINCI PAL's
obligation will be void upon the acceptance of the performance by CITY;otherwise this obligation
will remain in full force and effect.
I-E-2
Agreement No. 4628
SIGNED AND SEALED this 25th day of ,tune 12014
;V4 The Guarantee Company of North America
PIN IPA RES[DENT SURETY
,,.
1 1 IPAL's SECRETARY By.Eliza COW,Attorney In act
PRINCIPAL'S MAILING ADDRESS: SURETY's MAILING ADDRESS:
14436 Santa Ana Avenue 1 Towne Square,Suite 1470
Fontana CA 92337 Southfield.MI 48076
NOTE: (1) ALL signatures must be acknowledged by a notary public.
Return one(1)original to City Clerk's Office.
(2) Bond shall be effective for one(1)year after acceptance of the job.
-E•3
Agreement No. 4628
Certificate n Civil Procedure
I Litt9 �� County Clerk of the County
of G " � J,xr��t rS Aar -- ,,,to of California,in and for said County
DO F-ER Fi I R0F °L..iI I-
has a Cea wicate of aoihartty R5 an i'dnYIwPU+,I s urat,y Issued by the California
Insurance,aofrrr8fl;5slc.ne. -,un:ronnzin 4 7mu Iefmurer to trarisa surety insurance in
the 8ta-te t;,:,
lnsuba'w,;` vvdi.BSm,'� . .Ruiourn}"has nui sLfrF,.'rjdemd,revoked,canceled,
VVI?vreQij' Urpv sat my hand and affixed the seal of
said Cuurwo vs> _.�...... � �
_ a
e)WAA-C-
COUNTYCLERK
Deputy County Clwk
v
Agreement No. 4628
��rr'�,Iii m��"(��'''"�If�f',t� � ar�.lt,.'•�f,yv����`!�:"rdf�'��`Yr��k� �f;�'.���a la�1W��i�a 9at'n'�"���'�4��t, �"�ib4���
State of California
County of
On _*.ti.„ _ .. -' '1:1a1e before rne,, ,\.�!..�6Narne�dTnleolOffic� , ,U6��
Officer(e g one Doe,Notary Puf1c)
personally appeared _ '... ... a nt?
} Name(s)of Signe(s)
CA_proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) Mare
subscribed to the within instrument and
acknowledged to me that Imo/ /they executed
the same in / rltheir authorized
capacity(ies), and that by Ws/ /their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
ERR MARIE GRANT acted, executed the instrument.
OMK #203 88 'z
Z NOTARY PUSLIC-CALIFORNIA Wr my hand an:1 ot�fut.i4 seal.
0
SA N SER NARDIN C COUNTY
y omen,Expires June 30 3017
MAN Signature of htoiarY7 Public
,,. OA L
Though the information below is not required by law,it may prove valuable to persons relying on she document and could prevent
fraudulent removal and reattachment of this form to another document.
Description f Attached Document
Title or Type of Document: _ -__-_
Document
g.h Date:. Number of Pages:
_ _ —. w– .. ..
....,._..,..,. �P
f
Signer(s) Other Than Named Above:v
Capacity(les) Claimed by igner
.,r
r`
Signer's Name:
❑ Individual Top of thumb here
❑ Corporate Officer—Title(s)
❑ Partner—❑ Limited ❑General
❑ Attorney-in-Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing: . .. �. .... .m. .� _. . .. ....�. ........ .. .�
V 1999 National Notary Association•9350 De Solo Ave„RO Box 2402^Chatsworth,CA 91313-2402=www.nalionalnoiary org Prod,No..5907 Rounds,:Call Tat@-Flee'1-000-BIF-6027
,agrpgmept No 4Q98
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of Butte
On June 25, 2014 before me, A. Abney, Notary Public
(Here insert name and title of the officer)
personally appeared Elizabeth Collodi
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/afe subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in l-is/her4heir authorized
capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of
which the personFs) 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.
A.ABNEY
°l" hand and official seal, COMM.#2016131
NOTARY PUBLIC•CALIFORNIA
COUNTY OF BUTTE 444�i�
(Notary Seal) xp MAR.20,2017
Comm.E IrBSs
gt�, awra of Notary 1 ulwl
ADDITIONAL OPTIONAL INFORMATION
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in California must contain verbiage exactly as
DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must he
properly completed and attached to that document„ The only exception is if a
Faithful Performance Bond document is to be recorded outside of California.In such instances,any alternative
• -•--•••••�•--- acknowledgment verbiage as may be printed on such a document so long as the
Title or description of attached document) verbiage does not require the notary to do something that is illegal for a notary in
American Asphalt South, Inc. California(i.e.certifying the authorized capacity of the signer).Please check the
(Title or description of attached document continued) document carefully for proper notarial wording and attach this form if required
Date •State and County information must be the State and County where the document
Number of Pages Document ,,, 25 4
g —. signer(s)personally appeared before the notary public for acknowledgment,
•Date of notarization must be the date that the signer(s)personally appeared which
The Guarantee Company of North America USA must also be the same date the acknowledgment is completed.
._._.....�...-........................—
(Additional information) •The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title(notary public).
•Print the name(s)of document signer(s)who personally appear at the time of
notarization
CAPACITY CLAIMED BY THE SIGNER •Indicate the correct singular or plural forms by crossing off incorrect forms(i,e.
El Individual (s) he/she/they,Ware-)or circling the correct forms.Failure to correctly indicate this
information may lead to rejection of document recording.
❑ Corporate Officer •The notary seal impression must be clear and photographically reproducible,
Impression must not cover text or lines.If seal impression smudges,re-seal if a
(Title) sufficient area permits,otherwise complete a different acknowledgment form.
❑ Partner(s) •Signature of the notary public must match the signature on file with the office of
the county clerk.
❑■ Attorney-in-Fact *.-Additional information is not required but could help to ensure this
❑ Trustee(s) acknowledgment is not misused or attached to a different document,.
❑ Other *, Indicate title or type of attached document,number of pages and date,
*.-Indicate the capacity claimed by the signer.If the claimed capacity is a
corporate officer,indicate the title(i,e.CEO,CFO,Secretary),
•Securely attach this document to the signed document
2008 Version CAPA 02.10.07 800-873-9865 www.NotaryCIasses com
Agreement No. 4628
40THE TM The Guarantee Company of North America USA
GUARANTEE 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
Barbara Midstokke,Renee Ramsey, Richard W.Pratt,John Hopkins,Elizabeth Collodi,Susan Lee, Barbara Beeny,Nancy Luttenbacher,
Phillip O.Watkins,Keith T.Schuler, Melissa D.Diaz,Shawna Johnson, Patricia M.Simas
Interwest Insurance Services, 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 31st 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 Florida Department of Transportation only, it is agreed that the power and authority hereby given
to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and
construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of
Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety
company of any of its obligations under its bond.
4. 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 6th day of December 2011,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.
�i 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 23rd day of February,2012.
THE GUARANTEE COMPANY OF NORTH AMERICA USA
r
STATE OF MICHIGAN Stephen C.Ruschak,Sr.Vice President,COO Randall Musselman,Secretary
County of Oakland
On this 23rd day of February, 2012 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
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, 2018
� 0� 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.
Y IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 25th day of June 2014
1hA Randall Musselman,Secretary
Agreeme~.184028KrRAcTnPJ4
AM Is MAMT To"Sneff
BMW ON COWPA T
LABOR AND MATERIALS BOND
2013-2014 FURNISHING AND APPLICATION
OF SLURRY SEAL ON VARIOUS STREETS
PROJECT NO. 13-15
Bond No. 12111058
Bond Fee: Included in Performance Bond
American Asnhalt South 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 Six Hundred
For Seven, Three Hundred Twe Dollars and Sev n Five Cents
($647,320.75),which is a minimum one hundred percent(100%)of the contract,lawful money
of the United States,which may be increased ordecreased 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 2013-2014 FURNISHING
AND APPLICATION OF SLURRY SEAL ON VARIOUS STREETS,SPECIFICATIONS
NO. PW 13-15("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,ordeficiencies arising by reason ofsuch default.
BOND CONDITIONS
I. PRINCIPAL will construct the public improvements identified in
SPECIFICATIONS NO. PW 13-15, 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,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.
I-F-t
Agreement No. 4628
3. PRINCIPAL will pay for all materials and other supplies,for equipment used in,
on, for or about the performance of the Public Project, and will pay for all work and labor
thereon.
4. This bond is conditioned upon and guarantees due compliance with all applicable
law including,without limitation, the El Segundo Municipal Code ("ESMC").
5. SURETY, for value received, agrees that no changes, extensions of time,
alteration or modification of SPECIFICATIONS NO. PW 13-15,or of the obligation to be
performed will in any way affect its obligation on this bond,and it waives notice of any such
change, extension of time, alteration or modification of the contract documents or of the
obligation to be performed.
6. This bond consists of this instrument; the plans and specifications identified
above; and the following TWO (2) attached exhibits all of which are incorporated herein by
reference:
A. A certified copy of the appointment, power of attorney, bylaws or other
instrument entitling or authorizing the persons executing this bond to do so;
and
B. A certificate issued by the county clerk for the county in which SURETY's
representative is located conforming with California Code of Civil Procedure
§ 995.640 and stating that SURETY's certificate of authority has not been
surrendered,revoked,cancelled,annulled,or suspended,or in the event that
it has, that renewed authority has been granted.
7. Should PRINCIPAL perform its obligations within the time allowed,
PRINCIPAL's obligation will be void upon the acceptance of the performance by CITY;
otherwise this obligation will remain in full force and effect.
I-P-2
Agreement No. 4628
SIGNED AND SEALED this 25th day of June 2,014
The Guarantee Company of North America USA
PRINCIPAL'� RE T
V1 2 E-S. -NT SURETY
PWCIPAL s SECRETARY By:Elizolb" th Collodi,Attorney In Fact
PRINCIPAL's MAILING ADDRESS: SURETY'S MAILING ADDRESS;
14436 Santa Ana Avenue 1 Towne Square,Suite 1470
Fontana,CA 92337 Southfield.MI 48076
...............
.............
NOTE: (1) ALL signatures must be acknowledged by a notary public.
Return one(1)original to City Clerk's Office.
(2) Bond shall be effective for one(1)year after acceptance of the job.
I-F-3
Agreement No. 4628
Certificate pursuant to 995.640(a)Code of Civil Procedure
L0G County Cleric oft the County
of
DO
� y a � � a state of Callfomia,in and for said County
hpas a 0"(11ficite of authc,a t r as a;n�idrWara:U u� a; 1.'su d key ttjrr 4liiarnda
tl���a�,.J➢.�&'ua q,ro ¢'fl�`�S"k"u��""Hw Vru..,:'° �<'.GK�^o�CU�?N&���..&�q`rr �Pd..t�.�tB
the`.S.air'9.:' �n��Q;d�rtl8'1� k'rgG'r�� r tl ^tl��,�°i,�ao 4e rcv.'P'� *hrc,)-0,q%ron'the Department of
nas nu'a ou m sualanoeied,revoked,canceled,
Pte ��"��z���:a.,�ar. WiM.eusIJ�evf Uj set any hand and affixed the seal of
is Gouray rasa
COUNTYCLERIC
BY: Deputy Lour
b
Agreement No. 4628
t XUIWOt R; I) A LIr.,o�p 44'HMIPO III Ki I MGWN, EDi; M" I III4 r.
State of California
ss.
County of 5; .n
rr,Y ,,�nw. ��,1/ ^_may/� 1 g 'Jane�
Oql ��,.i W tO,A -_ C V^ ..— �. Name and Title of Officer e . ....�..1�
. . before me _ _ m
_ '( .—. ..._._ � Doe Notary P rr
p appeared _ — ?.Q. �� Grlm�llIe1 �gn�.�i I
ersonally _ � ���,
14-proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) is7are
subscribed to the within instrument and
acknowledged to me that Ixa/ /they executed
the same in Ws/f/their authorized
capacity(ies), and that by hef/their
signature(s) on the instrument the person(s), or
JERI MA RIE GRANT the entity upon behalf of which the person(s)
COMM. ( acted, executed the instrument..
-
NOTARY PUBLIC-CALIFORNIA
' SAN BERNARDINO COUNTY -4 TN' SS my hand d official seal.
My Comm.Expires f4--- -r --2017 4
lwr w o"fir
Though the information below is not required bylaw,It may rove
verldaa tr as relying on the document and could prevent
fraudulent removal and reattachment of this form to another document,
Description of Attached Document
Title or Type of Document:
....___.. ._ _._. ..
Document Date: w _Number of Pages:. "'
Signer(s)Other Than Named Above: -°l
Capac@ty(ies) Claimed by Signer
Signer's Name: ``
❑ Individual Top of Thumb here
❑ Corporate Officer—Title(s):
❑ Partner—O Limited ❑General
❑ Attorney-in-Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:..........._ _ ._ ....—.
Q 1999 National Notary Association•9350 De Solo Ave„P.O.box 2402•Chalswonh.CA 91313-2402•www,nalionalnolary,org Prod,No 5907 Reorder:Call doll-Free 1.800-876-6827
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of Butte
On June 25, 2014 before me, A. Abney, Notary Public ITITITITmmmmITITITIT
(Here insert name and title of the officer)
personally appeared Elizabeth Collodi
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/aFe subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in his/her4heir authorized
capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of
which the 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,
• A.ABNEY
hand and official seal, COMM.N 2016131
06 .t.")
�r NOTARY PUBLIC•CALIFORNIA N
<C r COUNTY OF BUTTE w
(Notary Seal) ��Camm.Expires MAR.29,201
agr�ti re Ic
Awffilwiffisww� MEMO
ADDITIONAL OPTIONAL INFORMATION
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in California must contain verbiage exactly as
DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must he
properly completed and attached to that document. The only exception is if a
Labor and Materials Bond document is to be recorded outside of California.In such instances,any alternative
(Title or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the
verbiage does not require the notary to do something that is illegal for a notary in
American Asphalt South, Inc. California(i.e.certifying the authorized capacity of the signer).Please check the
(Title or description of attached document continued) document carefully for proper notarial wording and attach this form if required
•State and County information must be the State and County where the document
Number of Pages 3 Document Date 06/25/14 signer(s)personally appeared before the notary public for acknowledgment.
•Date of notarization must be the date that the signer(s)personally appeared which
The Guarantee Company of North America USA must also be the same date the acknowledgment is completed,
_....__� ......-
(Additional information) •The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title(notary public).
•Print the name(s)of document signer(s)who personally appear at the time of
notarization,
CAPACITY CLAIMED BY THE SIGNER •Indicate the correct singular or plural forms by crossing off incorrect forms(i.e.
El Individual(s) hWshc/the},is/ate)or circling the correct forms.Failure to correctly indicate this
information may lead to rejection of document recording.
❑ Corporate Officer •The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines.If seal impression smudges,re-seal if a
(Title) sufficient area permits,otherwise complete a different acknowledgment form,
❑ Partner(s) •Signature of the notary public must match the signature on file with the office of
the county clerk,
❑ Attorney-in-Fact *.-Additional information is not required but could help to ensure this
❑ Trustee(s) acknowledgment is not misused or attached to a different document.
❑ Other *. Indicate title or type of attached document,number of pages and date.
*.-Indicate the capacity claimed by the signer.If the claimed capacity is a
corporate officer,indicate the title(i.e,CEO,CFO,Secretary),
•Securely attach this document to the signed document
2008 Version CAPA 02.10.07 800-873-9865 www.NotaryCIasses.com
Agreement No. 4628
THE The Guarantee Company of North America USA
GUARANTEES" POWER OF ATTORNEY Southfield,Michigan
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
Barbara Midstokke, Renee Ramsey, Richard W.Pratt,John Hopkins, Elizabeth Collodi,Susan Lee,Barbara Beeny, Nancy Luttenbacher,
Phillip O.Watkins, Keith T.Schuler,Melissa D. Diaz, Shawna Johnson, Patricia M.Simas
Interwest Insurance Services,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 Florida Department of Transportation only, it is agreed that the power and authority hereby given
to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and
construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of
Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety
company of any of its obligations under its bond.
4. 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 6th day of December 2011,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.
++ea 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 23rd day of February,2012.
THE GUARANTEE COMPANY OF NORTH AMERICA USA
STATE OF MICHIGAN Stephen C.Ruschak,Sr.Vice President,COO Randall Musselman,Secretary
County of Oakland
On this 23rd day of February, 2012 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
Cynthia A. Takai IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee
Zi 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, 2018
v � 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.
rr IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 25th day of June 2014
""!r Randall Musselman,Secretary