CONTRACT 4626 CLOSED Agreement No. 4626
PUBLIC WORKS CONTRACT
BETWEEN
THE CITY OF EL SEGUNDO AND
TRUELINE CORPORATION
TENNIS COURT RESURFACING
PROJECT NO.: PW 13-30
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 TRUELME
CORPORATION, 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 Sixth+-Eight.
Two Hundred Fifty-Seven Dollars ($68,257) which includes the original bid amount of
$59,354 as well as an approximately 15%contingency amount of$8,903,which may or may
not be used,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.
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3. TIME FOR PERFORMANCE.
A. The Contractor will fully complete the Work within twenty (20) 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
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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.
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 Edward C. Kruse
Public Works Director President
City of El Segundo Trueline Corporation
350 Main Street, 1651 Market Street,#B
El Segundo, CA 90245 Corona, CA 92880
(310) 524-2356 [(951) 817-0770
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
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Agreement No. 4626
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 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.
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21. TE%4E IS OF ESSENCE. Time is of the essence for each and every provision of the
Contract Documents.
IN WITNESS WHEREOF the parties hereto have executed this contract the day and
year first hereinabove written.
CITY OF "L SEGUNDO
µ
Greg Carpenter Edward C. Kruse,President
City Manager Trueline Corporation
'("TEST:
Taxpayer ID No.
Tr My Weaver
City Clerk
Contractor State
License No.:
Contractor City Business
License No.: 0
APPROVED AS TO FORM:
MARK D. H 'Y, City Attorne
By: ,
Karl H. Berger,
Assistant City Attorney
Insurance Reviewed b
e•
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Agreement No. 4626
BID SCHEDULE
TENNIS COURT RESURFACING
PROJECT NO.: PW 13-30
Company Name: .........
Bid Schedule
ITEM DESCRIPTION QTY UNIT UNIT PRICE AMOUNT
NO.
01 �
MP
1 Mobilization
Si m
..........
Install new pair of post sleeves
2 for tennis court in existing 3 EACH
location. (Courts 1, 2, 5) IT
Completely relocate center
3 posts for tennis court,including 4 EACH a")
relocation of post sleeves.
(Courts 3, 4, 6, and 7)
Tennis Court I —perform full LUMP
4 court preparation and complete 1
SUM resurfacing
C ......
—perform full LUMP
5 court preparation and complete I
resurfacing
sum
_._'_--"'.......... ....
c�so3—perfoin6 LUNT
6 urt preparation and complete 1
SUM
resurfacing
............................... ............
Tennis Court 4—perform full LLW
7 court preparation and complete I
SUM
resurfacing
..............
Tennis Court 5—perform full LUMP
5 court preparation and complete I
SUM ;
resurfacing
Tennis Court 6—perform full LUMP
6 court preparation and complete 1
SUM resurfacing
.............. .. ......
Tennis Court 7—perform full LUMP
7 court preparation and complete I
_,__,resurfacing sum
Agreement No. 4626
ITEM DESCRIPTION QTY UNIT UNIT PRICE($) AMOUNT($)
N+ .
6 Re-stripe court per USTA 7 EACH
standards
Replace center strap anchor on EACH � °" � °�� I
one court
.�_. ....m ._........... .
....................�._.. �....
.. .._ ......... u.__
Adjust all applicable utility
8 conduits,covers,boxes, etc. to 1 sum
grade
TOTAL BASE BID(In Figures)
TOTAL BASE BID(In Words) ic
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Alternate Bid Schedule (Revised 5/15/14)
TTEM' DESCRIPTION QTY UNIT UNIT PRICE($) AMOUNT($)
NO.
Al eet wide tennis court net,
7 EACH
42- ..�
A2 Provide new net center strap for EACH ?
one court
A3 Provide centerline caulking, all 405 L.F, "f 0
A4 Provide perimeter caulking, all 2,458 L.F,
courts
..r �� w_.. ��...__ ....... a ......_n _........... _...... . .. �....... ——. ---------------------------... ��._ ...
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Agreement No. 4626
BIDDER'S INFORMATION
..........
Company Name:
BIDDER certifies that the following information is true and correct:
Form of Legal Emity (i.e., individual,partnership,corporation, etc.)
................. ................ ........
44"
If corporation, State of Incorporation (i.e., California)
Business
Address
Telephone No. '1`,11'1"!11-X 4?
.......................................
Facsimile No.
State Contractor's License No. and Class /7 4,'-, 2,
Original Date Issued Expiration Date
The following are the names,titles, addresses,and phone numbers of all individuals,firm
members,partners,joint venturers, and/or corporate officers having principal interest in this
proposal:
'Ir
...............
..................
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:
............ ........
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Agreement No. 4626
BIDDER'S ( )
Company e:
Bidder shall list the name of the person who attended the mandatory pre-bid job walk:
Name: ,
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Agreement No. 4626
IN WITNESS WHEREOF,BIDDER executes and submits this proposal with the names,titles,
hands,
and seals of all a forenamed principals this day of 20
RID ER
"1"' /711,11-1111" 111111,1111
................
............
Subscribed and sworn to this.. ................................. day of 20
NOTARY PUBLIC
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Agreement No. 4626
California Jurat 2008 Code Section 8202 Compliant
State of California
County of r
Subscribed and sworn to(or affirmed)before me on this day of 2 0 1
by f _ proved to me on the basis of satisfactory
evidence to be the person(s)who appeared before me.
(LA.I.CLW
Cown.
.t Nwory PUbk-CAIiferoler
fifverside Caau�r y
Comm.lm 1,2,3017
Seal
Signatur � ,P `
i,
OPTIONAL INFORMATION
Law does not require the information below.This information could be of great value to any person(s)relying on this document
and could prevent fraudulent and/or the reattachment of this document to an unauthorized document(s)
DESCRIPTION OF ATTACHED DOCUMENT
Title or Type of Document: J6, ArrZ a. 0 j
Document Date: "" ! Number of Pages:
Signer(s) if Different Than Above:
Other Information:
CAPACITY(IES)CLAIMED BY SIGNER(S)
-
Signer's Name(s): �m
❑ Individual
orporate Officer
jltle(s))
❑ Partner
❑Attorney-in-Fact
•Trustee
❑ Guardian/Conservator
• Other:
SIGNER IS REPRESENTING:
Name of Person(s)or Entlty(ies): -
V 2008 Notary Public Seminars www,notarypublicseminars,com
Agreement No. 4626
CONTRACTOR'S LICENSE DECLARATION
(Business and Professions Code Section 7028.15)
1. BIDDER'S Contractor's License Number is:
Class No.: LIZ
2. The expiration date of BIDDER'S Contractor License is:
20
3. BIDDER acknowledges that Section 7028.15(e)of the Business andProfessions
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 20 , at
(insert City and State where Declaration signed).
Signature
� Ve
Typed Name
iiiiie
Company Name
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Agreement No. 4626
NON-COLLUSION AFFIDAVIT
T0BE EXECUTED BYBIDDER AND SUBMITTED WITH BID
State ofCalifornia \
) xx.
Cuoutyof
- , being first duly sworn, deposes and say that bn or she im
of
the party making the foregoing bid that the bid is not made in the interest of,or on behalf of,any
undisclosed person,partnership,cooupuuy.a000ciu1iou.ocgauiaadno,ozcoryozadoo;tbu1dznhid
is genuine and not collusive or sham;that the BIDDER has not directly or indirectly induced or
solicited any other BIDDER to put in u false or ubuuz 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 ftoruhiddiug; that the BIDDER has not in any manner, directly or
indirectly, sought by ugrceoucuL,nnnunuuoine1ino'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 nUzcz BIDDDDR, or to mecnn: any advantage against the public body
awarding the contract nf anyone interested iuthe proposed contract;that all statements contained
io the bid are true;and further,that the bidder has not,directly or indirectly,submitted his or her
hid price or any breakdown thereof, or the cooh:uto tbru:nf, or divulged information or data
relative tbcxotn' or paid, and will not pay, any fee to any corporation, purLoxznbip, company
unoociudno' orgauiaudno, hid depository, or to any nunodber or agent thereof to effectuate u
collusive mr sham bid.
�
Signature Name nf Bidder/Company Name
C' )LJ
Typed Name Date
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Agreement No. 4626
WORKER'S COMPENSATION CERTIFICATION
Section 1861 OF THE LABOR CODE
(Workers' Compensation)
Pursuant to Section 1861 of the Labor Code, the BIDDER,in submitting his/her
PROPOSAL, shall sign the following certification:
"I am aware of the provisions of Section 3700 of the Labor Code which require every
employer to be insured against liability for workers'compensation or to undertake self-
insurance in accordance with the provisions of that code, and I will comply with such
provisions before commencing the performance of the work of this contract."
Signature of Bidder:
Title: _._.... _ti.._. ........ riri-,r
Business Name:
ra
Business Address:
Telephone Number: ( ) f fF
'' .:m .....m......
Dated this...mm.....,....:°°'"'.�... day of
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Agreement No. 4626
DESIGNATION OF SUBCONTRACTORS
TENNIS COURT RESURFACING
PROJECT NO.: PW 13-30
Company Name:
r
BIDDER will perform the majority of the work and proposes to subcontract certain portions of the
work which are in excess of one-half of one percent (112 of 1%) of the bid and to procure
materials and equipment from suppliers and vendors as follows:
��.�
Description of
Name of portion of Work Estimated
Subcontractor Address Subcontracted $Amount
(Number and Street)
......... .e
(City,Zip Code)
_..�, ..... ... ....... .,... ................... .... .............. .....m._.,_—_-
... ...........ew w _._....... _...... ... .............. ----w--- ------ e...._... ------ i
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Agreement No. 4626
REFERENCES
Company Name: ,__,,,,_, . .........
----- .............
The following are the names, addresses, and telephone numbers for public agencies for which
BIDDER has performed similar work as the prime contractor or major subcontractor within the
past five(5) years:
1, Project Title:
Location:
Name and address of owner
Narfie and current telephone number of person familiar with project
Type of Work:
V'2
Contract amount: $__......... Date completed:
Amount of work done by my/our firm under contract
..........................
Did your firm have any financial interest in Project?
2. Project Title: PV,
Location:
Name and address of owner
Name and current telephone number of person familiar with project
Type of Work:
Contract amount: Date completed:
Amount of work done by my/our firm under contract$
Did your firm have any financial interest in Project?
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Agreement No. 4626
o -
3. Project Title
,.��„�. �'°"�°° n. <" a' �',P,r�rtr 1' rt�.�� .,�'�.�' r ���"'r/°°;.-fir^ A d ,I f ` °,C `� !'2✓
Location:W ?` ,r+ a'e(,.. .I ° ✓^ ;;,.? ,,. �^ w/° *'r�✓✓! ` ,o d 7'cw'
..m
Name and address of owner
.....
Name and current telephone number of person familiar with project
r d" dM
Type of Work:
Contract amount: $ 3e),, ° ! � � � Date completed:
Amount of work done by my/our firm under contract$_,
Did your firm have any financial interest in Project? WWw
Company Name: ... ............W.... ..._
4. Project Title: °N,` e., �,�,� ,�°
Location: V
Name and address of owner
rtl . R
Name and current telephone number of person familiar with project:
Type of Works, , r
Contract amount .$_y„ ". ' 'date completed: A -
Amount of work done by my/our firm under contract$
Did your firm have any financial interest in Project?
s
w
Project Title: �,. �.°�� �,��"
Location:
Kruk)
Name and address of owner
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Agreement No. 4626
...............................
Name and current telephone number of person familiar with project:
Type of Work:
--4, c
Contract amount:$ ........................ Date completed:
Amount of work done by my/our firm under contract
Did your firm have any financial interest in Project?
Bidder may attach additional reference pages if necessary.
The following are the names, addresses,and telephone numbers for all brokers and sureties from
whom BIDDER intends to procure insurance bonds:
(").... ........
............... .............
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Agreement No. 4626
COURT BIDDER'S STATEMENT OF
PAST CONTRACT DISQUALIFICATIONS
TENNIS RESURFACING
PROJECT .: PW 13-30
Company Name:
P Y _.__..... .......... . ...__ �w.�.. 7,..... ..... ................. ........
�
Please state all instances of being disqualified,removed, or otherwise prevented from bidding
o , or completing, a feder4 state, or local government project due to a violation of a law or
safety regulation.
1. Have you ever been disqualified from any government contract?
Yes 0 No
yes, explain the circumstances:
Bidder's Signature
r
Name (Please Print)
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Agreement No. 4626
INSURANCE REQU`IREMENTS
[MUST BE SUBMITTED WITH PROJECT PROPOSAL]
TENNIS COURT RESURFACING,PROJECT NO.: PW 13-30
Company Name:
.............
To be awarded this contract, the successful bidder must procure and maintain the following types of
insurance with coverage limits complying, at a minimum, with the limits set forth below:
Type of Insurance Limits
Commercial general liability: $2,000,000
Business automobile liability: $1,000,000
Workers compensation: Statutory requirement
Commercial general liability insurance must meet or exceed the requirements of ISO-CGL Form No.CG
00 01 11 85 or 88, The amount of insurance set forth above must be a combined single limit per
occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability
policies must be endorsed to name the City,its officials,and employees as"additional insureds"under said
insurance coverage and to state that such insurance will be deemed "primary" such that any other
insurance that may be carried by the City will be excess thereto, Such endorsement must be reflected on
ISO For No. CG 20 10 11 85 or 88,or equivalent. Such insurance must be on an "occurrence,"not a
"claims made,"basis and will not be cancelable or subject to reduction except upon thirty(30)days prior
written notice to the City.
Insurer will agree in writing to waive all rights of subrogation against the City, its officers, officials,
employees and volunteers for losses arising from work performed by Contractor for the City,
Automobile coverage must be written on ISO Business Auto Coverage Form CA 00 0106 92,including
symbol I (Any Auto).
The Consultant must furnish to the City duty authenticated Certificates of Insurance evidencing
maintenance of the insurance required under this Agreement,endorsements as required herein,and such
other evidence of insurance or copies of policies as may be reasonably required by the City from time to
time. Insurance must be placed with admitted insurers with a current A.M. Best Company Rating
equivalent to at least a Rating of"A:Vll." Certificate(s) must reflect that the insurer will provide thirty
(30) day notice of any cancellation of coverage. The Consultant will require its insurer to modify such
certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of
cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice
provisions.
The City requires California Worker's Compensation Coverage with the associated Waiver. Out-of-state
coverage will not be accepted in lieu of the California coverage,because the work is being performed in
the State of California.
By signing this form, the bidder certifies that it has read, understands, and will comply with these
insurance requirements if it is selected as the City's consultant. Failure to provide this insurance will
render the bidder's p I)posal d6nonresponsive,"
e.
Date Bidder's Signature
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Agreement No. 4626
FAITHFUL PERFORMANCE BOND
TENNIS COURT RESURFACING
PROJECT NO.: PW 13-30
Bond No. 1001023159
Bond Fee: $1,781.00
Edward C. Kruse dba: Trueline
("PRINCIPAL")
and American Contractors Indemnity Company
a corporation
incorporated under the laws of the State of California 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 FIFTY-NINE THOUSAND,
THREE-HUNDRED FIFTY-FOUR DOLLARS($59,354)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 13-30,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 13-30, 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 on the Public Project for a period of one (1) year following the Public Project's
completion and acceptance by CITY.
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Agreement No. 4626
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 13-30 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,
PRINCIPAL's obligation will be void upon the acceptance of the performance by CITY;
otherwise this obligation will remain in full force and effect.
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Agreement No. 4626
SIGNED AND SEALED this 9th day of Jul 2 14
PRINCIPAL's PRESIDENT SURE"I';
Paul S. Di - Attorney-In-Fact
PRINCIPAL's SECRETARY SL REllewdia,Ariel T Attorney-In-Fact
PRINCIPAL'S MAILING ADDRESS: SURETY's MAILING ADDRESS:
Edward C. Kruse dba: Trueline American Contractors Indemnity Company
1651 Market Street#B 601 Figueroa Street Ste. 1700
Corona, CA. 92880 Los Angeles CA. 90017
P/951-817-0777 F/951-817-0770 P/800-486-6695 F/714-740-9058
NOTE: (1) ALL signatures must be acknowledged by a notary public.
Return one(1) certified original to City Clerk's Office.
(2) Bond shall be effective for one(1)year after acceptance of the job.
I-E-3
Agreement No. 4626
Certificate gy Civil Procedure
d DEAN 0, I OGN m County Clerk of the County
n
o �r .State of California,in and for said County
DO HEREBY BY GER I IF 4°i~AV
has a 0CM J' "Of as an a�tiw ill n surety issued bey- ne alifdr ie
n 4p , rig,i t u �i umsact surety n n e
i
the State of California,S �l o a� P ,1 u c .6 shown fl e t )aiiiftne' of
Insufance wensite treat autnority rnas not Deen sunernaereda revoked,canceled,
annulned,orsuspelndea
In resdinony Whereof,i have hereurix)set r art t td d the el of
said County an ..w.. 'Tt �&
COUNTYCLERK
Deputy County
M. DAVIS
Agreement No. 4626
l
State of California CALIFORNIA ALL-PURPOSE
County of orange CERTIFICATE OF ACKNOWLEDGMENT
On July 9, 2014 before me, M. Barreras , Notary Public
(here insert name and title of the officer)
personally appeared Paul S. Dito
_, n.. w.. m.. w......._ ..._ ._. _ _... ... ...
who proved to me on the basis of satisfactory evidence to be the person(V whose name(30 is/Ve subscribed to
the within instrument and acknowledged to me that he/3Jx5tDtx)C executed the same in his4%0"H
authorized capacity 0g), and that by his O signatureW on the instrument the person(, or the entity
upon behalf of which the person(K,1 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. I .BARRERAS
Commission #2048208
6: 0 0 Notary Public-California
WITNESS my hand and official seal. Orange County
Comm.lxpires Nov 5,2011
{
Signature �r �,°" ,
....... ._ ..... .. m. (Seal)
OPTIONAL INFORMATION _
Although the information in this section is not required by law,it could prevent fraudulent removal and reattachment of this
acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document,
o-
Description of Attached Document
1111/1120W OWN glr,
The preceding Certificate of Acknowledgment is attached to a document Method of signer Identification
titled/for the purpose of Bond No. 1001023159 Proved to me on the basis of satisfactory evidence:
L(J form(s)oFidentification 0 crediblewitness(es)
Notarial event is detailed in notary journal on:
containing pages,and dated Page# Entry#
The signer(s)capacity or authority is/are as: Notary contact:
i
❑ Individual(s) Other
m Attorney-in-Fact ❑ AdditionalSigner(s) ❑ Signer(s)Thumbprint(s)
❑ Corporate Officer(s)
Titlefsl ❑ _,....
1 ❑ Guardian/Conservator
❑ Partner-Limited/General
❑ Trustee(s)
i
❑ Other. _
representing American Contractors Indemnity Company
Names)of Person(s)or Entity(es)Signer is Representing
I
ID 2007 Notary Rotary,Inc 925 29th 5t,Des Moines,IA 50312-3612 Form ACK03 10107 To re order,call toll-free 1-877-349-6588 or visit us on the Internet at http.//www notaryrotar Copyright .� . �� � yco m
Agreement No. 4626
1
State of California D CALIFORNIA ALL-PURPOSE
County of ..Orange .. ...... .... m� .. ,. - �
CERTIFICATE OF ACKNOWLEDGMENT
i
M. Barreras, Notary Public
On July 9, 2014 a�_ before me, _ y
w__.
� � (here insert name and title of the officer)
i
personally appeared Ariel T. Heredia
- u..m®,.,�_ m. ..._......... .._..... e. .
� I
who proved to me on the basis of satisfactory evidence to be the person(10 whose name(V is/Xe subscribed to
the within instrument and acknowledged to me that he/31e X executed the same in his/AiXXMR
authorized capacity), and that by his/ 0MR signatureC4 on the instrument the personal, or the entity
upon behalf of which the personN acted,executed the instrument.
certify under PENALTY OF PERJURY under the laws of the
State of California that the foregoing paragraph is true and correct. M.BARRERAS
Commission#2048208
e« Notary Public-County
WITNESS my hand and official seal, Z
Orange Co y
M Comm. Ex Tres Nov 5,2017
Signature
. , �......, (Seal)
mm .. mm OPTIONAL.INFORMATION __...._�
Although the information in this section is not required by law,it could prevent fraudulent removal and reattachment of this
acknowledgment to an unauthorized document and may prove useful to persons relying on the attached dOQfinent.
i
Description of Attached Document ���� ���rrri�� %��rcrr,��ji�,
��r��nuifNk,(f�%rY�i r«i r»h�aN ,r�"»�.Jf i�rcF / rl l�mil/v,!/✓��.
The preceding Certificate of Acknowledgment is attached to a document Method of Signer Identification
titled/for the purpose of Bond No. 1001023159_ Proved to me on the basis of satisfactory evidence:
i
Lo form(s)of identification 0 crediblewitness(es)
--- - - Notarial event is detailed in notaryjournal on:
containing pages, and dated Page# Entry#
The signer(s)capacity or authority is/are as: Notary contact:
❑ Individual(s) Other
® Attorney-in-Fact
❑ Additional Signer(s) ❑ Signer(s)Thumbprint(s)
❑ Corporate Officer(s)
Title(s) ❑
❑ Guardian/Conservator
❑ Partner-Limited/General
❑ Trustee(s)
❑ Other.
representing:
American Contractors Indemnity Company
Name(s)of Person(s)or Entity(ies)Signer is Representing
o)Copyright 2007 Notary Rotary,Inc 925 29th 5t,Des Moines,IA 50312-3612 Form 10/07 « - ry
�u To re-order,call toll-Free 1-677-349-6580 or visit us on the Internet at http://www notaryro[ary com
Agreement No. 4626
LABOR AND MATERIALS BOND
TENNIS COURT RESURFACING
PROJECT NO.: PW 13-30
Bond No. 1001023159
Bond Fee: Included with Performance Bond
Edward C. Kruse dba: Trueline as principal ("PRINCIPAL")
American Contractors Indemnity Company
and , a corporation
incorporated under the laws of the State of California 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 FIFTY-NINE THOUSAND,
THREE-HUNDRED FIFTY-FOUR DOLLARS($59,354),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 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 TENNIS COURT
RESURFACING PROJECT, SPECIFICATIONS NO. PW 13-30 ("Public Project"), the
public works contract executed for such Public Project, and for all work or labor of any kind
performed for the Public Project.In the case of any default in the performance of the conditions
and stipulations of this undertaking, it is agreed that PRINCIPAL or SURETY will apply the
bond or any portion thereof, to the satisfaction of any damages, reclamation, assessments,
penalties, or deficiencies arising by reason of such default.
BOND CONDITIONS
1. PRINCIPAL will construct the public improvements identified in
SPECIFICATIONS NO. PW 13-30, 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.
3. PRINCIPAL will pay for all materials and other supplies,for equipment used in,
Agreement No. 4626
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 13-30, 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.
Agreement No. 4626
SIGNED AND SEALED this 9th day of July 10 14
PRINCIPAL', PRESIDENT SURETY
Paul S. Dit torney-In-Fact
M�
PRINCIPAL's SECRETARY SURETY
Ariel T. Heredia, Attorney-In-Fact
PRINCIPAL's MAILING ADDRESS: SURETY's MAILING ADDRESS:
Edward C. Kruse dba: Trueline American Contractors Indemnity Company
1651 Market Street#B 601 Figueroa Street Ste. 1700
Corona, CA. 92880 Los Angeles CA.90017
P/951-817-0777 F/951-817-0770 P/800-486-6695 F/714-740-9058
NOTE: (1) ALL signatures must be acknowledged by a notary public.
Return one(1) certified original to City Clerk's Office.
(2) Bond shall be effective for one (1) year after acceptance of the job.
Agreement No. 4626
!I
State of California CALIFORNIA ALL-PURPOSE
County of orange ) CERTIFICATE OF ACKNOWLEDGMENT
. ..........
I
On Ju,l,y 9. 2014 _ ._ before me, M Barre as.. notary_Pith L i q �- ,
. .........
(here insert name and title or the officer)
personally appeared Paul s Dito
i
w
.. _..�.... . ._ .. -- _ m , . _-.... ,
I '
I who proved to me on the basis of satisfactory evidence to be the person(30 whose name(V is/Xtm subscribed to
the within instrument and acknowledged to me that he/3 bx)c executed the same in his/ANKMH
authorized capacity), and that by hisMOMM signature(o on the instrument the person(30, or the entity
upon behalf of which the personN 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. K BARRERAS
Commission #2048208
_ Notary Public -California
WITNESS my hand and official seal„ Orange County '
M Comm.Expires No S,2017
Signature
(Seal)
___.. OPTIONAL INFORMATION
Although the information in this section is not required by law,it could prevent fraudulent removal and reattachment of this
acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document.
f e
Description of Attached Document
The preceding Certificate of Acknowledgment is attached to a document Method of Signer Identification
titled/for the purpose of Bond No. 1001023159 Proved to me on the basis of satisfactory evidence:
Lo form(s)of identification O credible witness(es)
- - - - Notarial event is detailed in notaryjournal on:
containing pages,and dated Page# Entry#
The signer(s)capacity or authority is/are as: Notary contact:
❑ Individual(s) Other
® Attorney-in-Fact
U AdditionalSlgner(s) ❑ Signer(s)Thumbprint(s) t ;
❑ Corporate Officer(s)
rues) ❑ i
❑ Guardian/Conservator
❑ Partner-Limited/General
❑Trustee(5)
❑ Other: — --
?k, representing: _American Contractors Indemnity Company
Name(s)of Person(s)or Entity(ies)Signer is ot,,Preasmting
®copyright 2007 Notary Rotary,Inc 925 29th St,Des Moines,IA 50312-3617 corm ACK03 10/07 To re-order,call toll free 1 877-349-6588 or..s nota .rotary o
�� � visit us on the Internet at http.//www notaryro[arycorn
Agreement No. 4626
State of California CALIFORNIA ALL-PURPOSE
County of ,~.orange CERTIFICATE OF ACKNOWLEDGMENT
On Julv 9, 2014 before me, 14,m"mBarreras, Nn±ary
(here insert name and title of the officer)
personally appeared Ariel T Heredia fi
i
who proved to me on the basis of satisfactory evidence to be the person(V whose name(.V is/Ve subscribed to
the within instrument and acknowledged to me that he/3hv&xX executed the same in hisMIUf?{ N
authorized capacity), and that by his&WgixX signature(4 on the instrument the person(30, or the entity
j upon behalf of which the personN 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. M. BARRERAS
Commission #2048208
w Notary Public-California
WITNESS my hand and official seal. Z Orange County
M Comm. Ex ires-Nov 5, 2017
l
I
6 Signature _ f�:: .. ��� ...... a�.......
(Seal)
OPTIONAL INFORMATION
Although the information in this section is not required by law,it could prevent fraudulent removal and reattachment orthis
acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document.
jDescription of Attached Document
The preceding Certificate of Acknowledgment is attached to a document Method of signer Identification
titled/for the purpose of Bond_ No 1001023159 Proved to me on the basis of satisfactory evidence:
--___ L 0 Form(s)of identification 0 credible witness(es)
Notarial event is detailed in notary journal on:
containing pages, and dated Page# Entry#
The signer(s)capacity or authority is/are as: Notary contact:
❑ Individual(s) Other
0 Attorney-in-Fact ❑ AdditionalSigner(s) ❑ Signer(s)Thumbprint(s)
❑ Corporate Officer(s)
Titles) ❑ ....... ...... _...._ .... i
O Guardian/Conservato
r
Partner-Limited/General
❑ Trustee(s)
❑ Other.
representing:
American Contractors Indemnity Company
Name(s)of Person(s)or Entity(ies)Signer is Representing
m Copyright 2007 Notary Rotary,Inc 925 29th St,Des Moines,I 5(13123612 Form ACK03 10/07 To re-order,call toll-free or visit us on the Internet at http.//www notaryr t y
� � I otar com
Agreement No. 4626
JJw f wr �ll OF Arllf'ollzi'4E
AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY
UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY
Y THESE= - can Contractors Indemnity Company, a California t -- �
i an assumed naffeCoMmokWContractors Indemnity Company, United States Surety Corn - N _ C
=corR flop and e.S. Specialty Insuride Company;a Texas corporation (collectively,the "Companies"), do by the resents make,
constitute and appoint:
Paul S.Dito,Ariel T.Heredia,Khoi Tran,Maricela Lares,Kathy Ho,or Angela Kim of Orange,California
sTr e ac tivful Kxtorney(s)-in-fact, each in their separate capacity if nran lKaumne is Wanted Move, with full Ww aild authoitty-
i� t dd�s name,place and stead,to execute, acknowledge andd v"ny-rte ids,recognizarfc�undertfkf
r. instruments or contracts of suretyship to include riders, amdtfte s;and consents of surety, prwiin We bond
penalty does not exceed *****Three Million***** Dollars ($_ **3,000,000.00** )„
This Power of Attorney shall expire without further action on December 8,2016. This Power of Attorney is granted under and by
authority of the f!11,0wiats resolutions adopted by the Boards of Directors of the Companies:.
ic.rrP hip„yrM aesrN,,tl aqt ulat fwa twleutt,
my 1tice Preliklwttt,aby As gray,Seuavtar':y”or;,am Assist«ant S roaq shish tae and as here lay,vcstccl vritla tlAl
"Poywlel aaj( tufltority t gppwounl any ono or to tclirescot and ao for and on behalt ofthe Conttwany"stul�jcct to the,€'allo wing
pC"41yDiiu4J91,'�q
�clrzur icy•irrmY„air e ttruuay be given fall power mid oatilhoa qty tor truth in ahc wayne of and on behalf aft dw Cwtmp any„tca execute,acknowledge kind dchI ur,,any and all bonds,
recogn zances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained
percentages and/or final estimates on engineering and construction contracts,and any and all notices and documents canceling or terminating the Company's liability
thereunder,and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected
I)y the C'warporate.ereew°e ry.
&JI ftyOlvesf tltat the sagn atttrw of any authorized officer and seal of the Company here toM o�e fi Mn Ower of attorney er any certrficatc relanng
Qhwa"ara by ftactutnaule,ate aararyr power of attorney or certificate bearing facsimile signature or faiWnMeWal ON W-mgWaffninding upon the CO rony_with lespeol.tar
my ITorrdl or underuking to which it is attached„ ,,
IN WITNESS WHEREOF,The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this
10th day of December,2012.
AMERICAN COMPANY Idlyt;¢vlNt"l"' COMPANY TEXAS BONDING COMPANY
"orporate *eat „ UNt"l htI'S1.M'1'E St91tEfatPwN"r" U.S.SPECIALTY INSURANCE COMPANY
rlv � 4LNa Iy r add rs
.5" miL �, ,.,Y,v
_4”
r m as s x By: — =
,a Daniel P.Aguilar,Vice President
"�i�raxbwt� 4r urn rt
�FAfdLL'a4trir'ya �Y w0:. we oa �' w
It¢„p
State ofCaalitbriaiaa
Counly of Los Angeles SS:
ilia I 00i'day of December,2012,before me,Vanessa Wright,a notary publicrftrsonaIy appeared Daniel P.Aguilar ce resident of
American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance
Company 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 tie that he executed the ;aine in his authorized capacity, and that by his signature on the in Irtltnent, the,
potsola(s),or,l46;p-ntity upon behal flof which thepe,rstni(s)acted,executed the instrument.
I certify under PENALTY OF I?ERJlmll �r"'attader flee latws'of'the State of California that the foregoing paragraph is ttaaa,� ataal correct,
WITNESS my hand and official seal.
..
v; teat
COrrnrrateeton•199A319
Signature yw, (Seal) NotuyPuaae eelNOrnle
t gnros Angeles County
... e...e... Iaaer,a,rOt
t, Jeannie 'Lee, Anistant Secretary of American Contractors Indemnity C nipatiy, Tei xaas 136viding Company, United 'States.Sorety
("ornpany and U.S, Specialty Insurance Company,do hereby certify that the above and, fore'aofit is a true and ct��rrec°t copy of,a Power
of Attorney,executed by said Companies,which is still in full force and effect-, furthermore,the resolutions of the Boards of Directors,
set out in the Power of Attorney are in full force and effect.
In -`tness=– I have hereunto set rn_yand and fffxed the seals of said Companies at Los Angeles,California this, 9th –
_July, 2014
C`'a'araoratte Seals
1 * r ..
BonO 1001023159
. � um
No, �G amII' dk, Slstatt See"kt9ary.
Agency C" w rb t �"r "
�'. i
Agreement No. 4626
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