CONTRACT 4663 Maintenance and Repair Agreement CLOSEDAgreement No. 4663
MAINTENANCE AGREEMENT
.BETWEEN
THE CITY OF EL SEGUNDO AND
A & V CONTRACTORS, INC.
THIS MAINTENANCE AGREEMENT ( "Agreement ") is made and entered into this %)0day of
Aug , 2014, by and between the CITY OF EL SEGUNDO, a general law city and municipal
corporation ( "CITY ") and A &V Contractors, Inc., a California Corporation ( "CONTRACTOR ")
The Parties agree as follows:
1. CONSIDERATION.
A. As partial consideration, CONTRACTOR agrees to perform the work listed in the
SCOPE OF SERVICES, below;
B. As additional consideration, CONTRACTOR and CITY agree to abide by the
terms and conditions contained in this Agreement;
C. As additional consideration, CITY agrees to pay CONTRACTOR on a lump sum
basis an amount set forth in the attached Exhibit "A," which is incorporated by
reference, for CONTRACTOR's services. CITY will pay such amount promptly,
but not later than thirty (30) days after receiving CONTRACTOR's invoice.
2. TERM. The term of this Agreement will be from August 25, 2014, to December 18, 2014.
The Agreement may be renewed upon mutual consent of the parties.
3. SCOPE OF SERVICES.
A. CONTRACTOR will perform services listed in the attached Exhibit A.
B. CONTRACTOR will, in a workmanlike manner, furnish all of the labor,
technical, administrative, professional and other personnel, all supplies and
materials, equipment, printing, vehicles, transportation, office space and facilities,
and all tests, testing and analyses, calculation, and all other means whatsoever,
except as herein otherwise expressly specified to be furnished by CITY, necessary
or proper to perform and complete the work and provide the professional services
required of CONTRACTOR by this Agreement.
4. PREVAILING WAGES.
A. Pursuant to Labor Code § 1720, and as specified in 8 California Code of
Regulations § 16000, CONTRACTOR must pay its workers prevailing wages. It
is CONTRACTOR's responsibility to interpret and implement any prevailing
wage requirements and CONTRACTOR agrees to pay any penalty or civil
damages resulting from a violation of the prevailing wage laws.
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Agreement No. 4663
B. In accordance with Labor Code § 1773.2, copies of the prevailing rate of per diem
wages are available upon request from CITY's Engineering Division or the
website for State of California Prevailing wage determination at
t f! ✓vvw d oca. pc�v/ R/PWD. CON ":1:: CTOR must post a copy of the
prevailing rate of per diem wages at the job site.
C. CITY directs CONTRACTOR's attention to Labor Code §§ 1777.5, 1777.6 and
3098 concerning the employment of apprentices by CONTRACTOR or any
subcontractor.
D. Labor Code § 1777.5 requires CONTRACTOR or subcontractor employing
tradesmen in any apprenticeship occupation to apply to the joint apprenticeship
committee nearest the site of the public works project and which administers the
apprenticeship program in that trade for a certificate of approval. The certificate
must also fix the ratio of apprentices to journeymen that will be used in the
performance of the contract. The ratio of apprentices to journeymen in such cases
will not be less than one to five except:
i. When employment in the area of coverage by the joint apprenticeship
committee has exceeded an average of 15 percent in the 90 days before the
request for certificate, or
ii. When the number of apprentices in training in the area exceeds a ratio of
one to five, or
iii. When the trade can show that it is replacing at least 1/30 of its
membership through apprenticeship training on an annual basis state -wide
or locally, or
iv. When CONTRACTOR provides evidence that CONTRACTOR employs
registered apprentices on all of his contracts on an annual average of not
less than one apprentice to eight journeymen.
V. CONTRACTOR is required to make contributions to funds established for
the administration of apprenticeship programs if CONTRACTOR employs
registered apprentices or journeymen in any apprenticeable trade on such
contracts and if other contractors on the public works site are making such
contributions.
vi. CONTRACTOR and any subcontractor must comply with Labor Code §§
1777.5 and 1777.6 in the employment of apprentices.
vii. Information relative to apprenticeship standards, wage schedules and other
requirements may be obtained from the Director of Industrial Relations,
ex- officio the Administrator of Apprenticeship, San Francisco, California,
or from the Division of Apprenticeship Standards and its branch offices.
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Agreement No. 4663
E. CONTRACTOR and its subcontractors must keep an accurate certified payroll
records showing the name, occupation, and the actual per diem wages paid to
each worker employed in connection with this Agreement. The record will be
kept open at all reasonable hours to the inspection of the body awarding the
contract and to the Division of Labor Law Enforcement. If requested by CITY,
CONTRACTOR must provide copies of the records at its cost.
5. FAMILIARITY WITH WORK.
A. By executing this Agreement, CONTRACTOR represents that CONTRACTOR
has
i. Thoroughly investigated and considered the scope of services to be
performed;
ii. Carefully considered how the services should be performed; and
iii. Understands the facilities, difficulties, and restrictions attending
performance of the services under this Agreement.
B. If services involve work upon any site, CONTRACTOR warrants that
CONTRACTOR has or will investigate the site and is or will be fully acquainted
with the conditions there existing, before commencing the services hereunder.
Should CONTRACTOR discover any latent or unknown conditions that may
materially affect the performance of the services, CONTRACTOR will
immediately inform CITY of such fact and will not proceed except at
CONTRACTOR's own risk until written instructions are received from CITY.
6. INSURANCE.
A. Before commencing performance under this Agreement, and at all other times this
Agreement is effective, CONTRACTOR will procure and maintain the following
types of insurance with coverage limits complying, at a minimum, with the limits
set forth below:
Type of Insurance
Commercial general liability:
Business automobile liability
Workers compensation
Limits (combined single
$2,000,000
$1,000,000
Statutory requirement.
B. Commercial general liability insurance will meet or exceed the requirements of
ISO -CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth
above will be a combined single limit per occurrence for bodily injury, personal
injury, and property damage for the policy coverage. Liability policies will be
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Agreement No. 4663
endorsed to name 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 City will be excess thereto.
Such insurance will 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 City.
C, Automobile coverage will be written on ISO Business Auto Coverage Form CA
00 0106 92, including symbol 1 (Any Auto).
U CONTRACTOR will furnish to City duly 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 City from time to time. Insurance
must be placed with insurers with a current A.M. Best Company Rating
equivalent to at least a Rating of "A:VII." Certificate(s) must reflect that the
insurer will provide thirty (30) day notice of any cancellation of coverage.
CONTRACTOR 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.
E. Should CONTRACTOR, for any reason, fail to obtain and maintain the insurance
required by this Agreement, City may obtain such coverage at CONTRACTOR's
expense and deduct the cost of such insurance from payments due to
CONTRACTOR under this Agreement or terminate.
7. TIME FOR PERFORMANCE. CONTRACTOR will not perform any work under this
Agreement until:
A. CONTRACTOR furnishes proof of insurance as required under Section 6 of this
Agreement; and
B. CITY gives CONTRACTOR a written Notice to Proceed.
C. Should CONTRACTOR begin work in advance of receiving written authorization
to proceed, any such professional services are at CONTRACTOR's own risk.
8. TERMINATION.
A. Except as otherwise provided, CITY may terminate this Agreement at any time
with or without cause. Notice of termination will be in writing.
B. CONTRACTOR may terminate this Agreement upon providing written notice to
CITY at least thirty (30) days before the effective termination date.
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Agreement No. 4663
C. Should the Agreement be terminated pursuant to this Section, CITY may procure
on its own terms services similar to those terminated.
D. By executing this document, CONTRACTOR waives any and all claims for
damages that might otherwise arise from CITY's termination under this Section.
INDEMNIFICATION.
A. CONTRACTOR indemnifies and holds CITY harmless from and against any
claim, action, damages, costs (including, without limitation, reasonable
attorney's fees and penalties), injuries, or liability, arising out of this
Agreement, or its performance, except for such loss or damage arising from
CITY's sole negligence or willful misconduct. Should CITY be named in any
suit, or should any claim be brought against it by suit or otherwise, whether
the same be groundless or not, arising out of this Agreement, or its
performance, CONTRACTOR will defend CITY (at CITY's request and
with counsel satisfactory to CITY) and will indemnify CITY for any
judgment rendered against it or any sums paid out in settlement or
otherwise.
B. For purposes of this section "CITY" includes CITY's officers, officials,
employees, agents, representatives, and volunteers.
C. CONTRACTOR expressly agrees that this release, waiver, and indemnity
agreement is intended to be as broad and inclusive as is permitted by the law of
the State of California and that if any portion is held invalid, it is agreed that the
balance will, notwithstanding, continue in full legal force and effect.
D. It is expressly understood and agreed that the foregoing provisions will survive
termination of this Agreement.
E. The requirements as to the types and limits of insurance coverage to be
maintained by CONTRACTOR as required by this Agreement, and any approval
of said insurance by CITY, are not intended to and will not in any manner limit or
qualify the liabilities and obligations otherwise assumed by CONTRACTOR
pursuant to this Agreement, including, without limitation, to the provisions
concerning indemnification.
9. INDEPENDENT CONTRACTOR. CITY and CONTRACTOR agree that
CONTRACTOR will act as an independent contractor and will have control of all work and the
manner in which is it performed. CONTRACTOR will be free to contract for similar service to
be performed for other employers while under contract with CITY. CONTRACTOR is not an
agent or employee of CITY and is not entitled to participate in any pension plan, insurance,
bonus or similar benefits CITY provides for its employees. Any provision in this Agreement
that may appear to give CITY the right to direct CONTRACTOR as to the details of doing the
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Agreement No. 4663
work or to exercise a measure of control over the work means that CONTRACTOR will follow
the direction of the CITY as to end results of the work only.
10. NOTICES.
A. All notices given or required to be given pursuant to this Agreement will be in
writing and may be given by personal delivery or by mail. Notice sent by mail
will be addressed as follows:
To CITY:
Stephanie Katsouleas, P.E.
Department of Public Works
City of El Segundo
350 Main Street
El Segundo, CA 90245
(310) 524 -2356
To CONTRACTOR:
Marjorie Sue Almendarez, CEO/President
A & V Contractors, Inc.
1531 W. Commonwealth Ave.
Fullerton, CA 92833
(714) 525 -3503
B. When addressed in accordance with this paragraph, notices will be deemed given
upon deposit in the United States mail, postage prepaid. In all other instances,
notices will be deemed given at the time of actual delivery.
C. 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.
11. TAXPAYER IDENTIFICATION NUMBER. CONTRACTOR will provide CITY with a
Taxpayer Identification Number.
12. WAIVER. A waiver by CITY of any breach of any term, covenant, or condition contained
in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any
other term, covenant, or condition contained in this Agreement, whether of the same or different
character.
13. CONSTRUCTION. The language of each part of this Agreement will be construed simply
and according to its fair meaning, and this Agreement will never be construed either for or
against either party.
14. SEVERABLE. If any portion of this Agreement is declared by a court of competent
jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the
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Agreement No. 4663
extent necessary in the opinion of the court to render such portion enforceable and, as so
modified, such portion and the balance of this Agreement will continue in full force and effect.
15. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of
reference only and will not affect the interpretation of this Agreement.
16. WAIVER. Waiver of any provision of this Agreement will not be deemed to constitute a
waiver of any other provision, nor will such waiver constitute a continuing waiver.
17. INTERPRETATION. This Agreement 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
agreement will be in Los Angeles County.
18. AUTHORITY/MODIFICATION. This Agreement may be subject to and conditioned
upon approval and ratification by the El Segundo City Council. This Agreement is not binding
upon CITY until executed by the City Manager. The Parties represent and warrant that all
necessary action has been taken by the Parties to authorize the undersigned to execute this
Agreement and to engage in the actions described herein. This Agreement may be modified by
written agreement. CITY's city manager may execute any such amendment on behalf of CITY.
19. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Agreement,
agreements ancillary to this Agreement, and related documents to be entered into in connection
with this Agreement will be considered signed when the signature of a parry is delivered by
facsimile transmission. Such facsimile signature will be treated in all respects as having the
same effect as an original signature.
20. EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity
between any provision of this Agreement, its attachments, the purchase order, or notice to
proceed, the provisions of this Agreement will govern and control.
21. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of
reference only and will not affect the interpretation of this Agreement.
22. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood,
explosion, war, terrorist act, embargo, government action, civil or military authority, the natural
elements, or other similar causes beyond the Parties' control, then the Agreement will
immediately terminate without obligation of either party to the other.
23. ENTIRE AGREEMENT. This Agreement and its one attachment constitutes the sole
agreement between CONTRACTOR and CITY respecting lead based stabilization. To the
extent that there are additional terms and conditions contained in Exhibit "A" that are not in
conflict with this Agreement, those terms are incorporated as if fully set forth above. There are
no other understandings, terms or other agreements expressed or implied, oral or written.
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Agreement No. 4663
IN WITNESS WHEREOF the parties hereto have executed this contract the day and year
first hereinabove written.
CITY OF EL SEGUNDO
a gerier Wwv city.
Greg
City
APPROVED AS
MARK D. IIE N k'
IM
Karl H. Berger
Insurance
City Attorney
A &V Contractors, Inc.,
a California corporation.
Marjo Sue r" Imendaae , CEO/[reside t
Taxpayer ID No. Q Q
Business License No. -T d V
State License No. 845252
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Agreement No. 4663
Exhibit A
Scope of Work
CONTRACTOR will provide the following:
General Contract Conditions:
• CONTRACTOR must maintain all required permitting for hazardous waste removal and
remediation, specifically regarding lead and asbestos. In addition, CONTRACTOR must
be experienced in mold remediation due to the potential presents of lead paint and
asbestos in flooring materials.
• All work must conform to applicable law including, without limitation, the El Segundo
Municipal Code and accepted industry standards for remediation.
• CONTRACTOR must do all work described below under negative air pressure and take
all steps necessary for containment and to prevent cross - contamination, in particular
during any drywall and painting work.
• CONTRACTOR must coordinate with CITY's designated Safety Officer throughout the
project to allow post - remediation air and surface tape samples of walls, ceiling and floors
as necessary. After testing, work must continue once the test results show remediation
was adequate.
• In all areas, CONTRACTOR must provide /remove containment as necessary and provide
item protection during construction
o Provide and use HEPA machines and critical, barriers /ponywalls per approval of
the City Safety Officer.
• Remove and reinstall wall furnishings as necessary, or protect in place if possible
• Protect TV Screen in place
• CONTRACTOR must protect all existing building infrastructure and equipment
(e.g., electronic devices, furniture, work surfaces) from potential damage using
minimum 3 mm thick plastic containment or other acceptable method.
CONTRACTOR must reconstruct any facilities damaged during construction
after construction is complete.
• Remove containment once the work is deemed complete.
• Perform any additional cleanup needed after containment removal.
Work must commence within 7 days of being issued a Notice to Proceed and be
diligently carried out on a daily basis until completion, with consideration given to
impacts and work ability of City employees. Please note the varying work days required
to complete the work as defined below under Scheduling and Access Conditions.
CONTRACTOR mobilization includes the purchase and supply of all required cleaning
materials
Agreement No. 4663
Scheduling and Access Conditions:
• CONTRACTOR must coordinate in advance with the Public Works Director, or designee
(the "Director "), to provide building and room access during City Hall's non - operating
hours (Thursday 6:00 p.m. through Monday 6:00 a.m.)
• CONTRACTOR provide the Director with a section -by- section schedule for the cleaning
and repairs, at least one week before beginning each phase of the work
• CONTRACTOR must perform most work Monday through Thursday 7:00 a.m. to
5:00 p.m. unless otherwise specified.
• CONTRACTOR's activities in the hallways and City Clerk's Office is restricted to
the hours between 7:00 a.m. and 6:00 p.m. Friday thru Sunday.
• CONTRACTOR may also be able to perform additional work on Friday, Saturday,
or Sunday upon coordination with and approval by the Director in advance.
• CONTRACTOR must complete work in the Human Resources Conference Room and
adjacent entry way first. However, work that can take place concurrently in both the HR
Conference Room areas and the HR Office Areas should be scheduled as such.
• CONTRACTOR must coordinate with the Director in advance for any additional
building or room access issues.
• CONTRACTOR must coordinate with the Director in advance for removal of any
existing wall furnishings that can be easily removed.
• CONTRACTOR must coordinate with the Director in advance regarding the
moving of any furniture back into the completed rooms.
Area - Specific Scope of Work:
Item No. 2: Perform Interstitial Space cleaning in the HR Areas. CONTRACTOR must:
• Vacuum space with HEPA vacuum.
• Remove ceiling tiles and wipe them down. Discard broken, cracked, or stained tiles and
obtain new tiles of the same brand and model to replace them. Store the cleaned, reusable
tiles until all other remaining work is completed.
• Remove and discard all insulation. Obtain new insulation with the proper insulation
rating to replace them.
• Wipe down the walls and T -bar straps above the ceiling tiles with appropriate chemical
solution per approval of the City Safety Officer.
• Install new insulation once drywall and carpet work are complete.
Agreement No. 4663
Item No. 3: Remove drywall and carpet in Human Resources (HR) areas. CONTRACTOR
must:
• Remove and discard a minimum 1 foot of drywall height. CONTRACTOR must comply
with the Director's final determination of any additional height of drywall to be removed,
which will be based on moisture testing and presence of mold.
• Detail (mold remediation cleaning) all walls above and below the drop ceiling line to the
satisfaction of the Director.
• Remove and discard all carpet and carpet glue.
• Sanitize floors once carpet and glue are removed.
• Detail (mold remediation cleaning) floors per approval of the Director.
• Determine if sink and cabinet in HR Conference Room need any reconstruction.
Bring reconstruction issues to the Director attention before completing the work in
this area. Perform remediation and repair if necessary
Item No. 4: Install and paint drywall in HR areas. CONTRACTOR must:
• Install drywall and wall insulation
• Paint drywall to match colors on existing drywall to the satisfaction of the Director.
Item No. 5: Install carpet in HR areas. CONTRACTOR must:
Install carpet and cove base (materials provided by City).
Repair cabinet cove base liner for the sink and cabinet.
Protect new carpet from any subsequent drywall dust and painting performed after carpet
installation.
Item No. 6: Move Furniture. CONTRACTOR must:
• Move any furniture that might remain in rooms as necessary to complete the work
• Move furniture previously relocated from HR back into the proper HR areas under City
supervision (all previously relocated furniture is within City Hall). Some furniture will
require assembly by CONTRACTOR.
Item No. 7: Supply room repairs. CONTRACTOR must:
• Wipe downs to the inside walls of the Server Room via the Conference Room side of the
wallsno additional major drywall cuts can occur in the Server Room unless mold is
detected on the walls by the testing.
• Remove and discard a minimum 1 foot of drywall height. CONTRACTOR must comply
with the Director's final determination of any additional height of drywall to be removed,
which will be based on moisture testing and presence of mold.
• Detail (mold remediation cleaning) all walls to the satisfaction of the Director.
• Install cove base (materials provided by City).
• Install drywall and wall insulation.
Agreement No. 4663
The scopes of work for alternate work in certain areas are described below. The Director
may determine whether or not to direct CONTRACTOR to perform the alternate work as
described herein.
Item No. Al: Drywall repairs, hallways.
If the Alternate Hallway Repairs are chosen as part of the contract, the Item No. 9: Hallway
Repairs described above will be removed from the contract.
• Remove and discard a minimum 1 foot of drywall height where necessary the n -s hallway
and from 7' west of the Finance Department door in the e -w hallway to the brick wall at
the east end. CONTRACTOR must comply with the Director's final determination of
any additional height of drywall to be removed, which will be based on moisture testing
and presence of mold.
• Install drywall and wall insulation as necessary.
• Paint drywall and cove base as necessary to match colors on existing drywall and cove
base to the satisfaction of the Director.
• Replace cove base as necessary (materials provided by City).
• In areas where cove base has already been removed, cove base glue, perform remediation
in glue areas, if required.
• Protect existing water fountain and railings in place.
Item No. A2: Drywall repairs, Server Room
If remediation within this room is required per the Director's determination:
• Coordinate in advance with the Director to protect sensitive equipment in this room
• Remove and discard a minimum 1 foot of drywall height where necessary.
CONTRACTOR must comply with the Director's final determination of any additional
height of drywall to be removed, which will be based on moisture testing and presence of
mold.
• Install drywall and wall insulation as necessary.
• Paint drywall to match colors on existing drywall to the satisfaction of the City's project
manager.
• Replace cove base as necessary (materials provided by City).
Item No. A3: Ceiling tile replacement with all new tiles in the HR areas
• Replace all existing and missing ceiling tiles with brand new ceiling tiles. All activities
to purchase and install new tiles must be included in this estimate.
Agreement No. 4663
• Paint drywall to match colors on existing drywall to the satisfaction of the Director.
• Bring any issue regarding moving supplies or shelves to the Director's attention before
completing the work in this area
Item No. 8 North women's restroom construction. CONTRACTOR must:
• Remove and discard a minimum I foot of drywall height where necessary.
CONTRACTOR must comply with the Director's final determination of any additional
height of drywall to be removed, which will be based on moisture testing and presence of
mold.
• Detail (mold remediation cleaning) all walls to the satisfaction of the Director.
• Install cove base (materials provided by City).
• Paint drywall to match colors on existing drywall to the satisfaction of the Director.
Item No. 9: Hallways repairs (north -south hallway from Holly St. entrance to E -W Hallway
and east-west-from East City Entrance to west of Finance Dept. door). CONTRACTOR
must:
• In areas where cove base has already been removed, cove base glue, perform remediation
in glue areas if required
• Install new cove base (material to be provided by City).
• Paint cove base as necessary to match colors on existing cove base to the satisfaction of
the Director.
• Protect existing water fountain and railings in place.
Item No. 10: City Clerk's office repairs. CONTRACTOR must:
• Steam clean 4'x 4' area of carpet inside doorway.
• Remove and discard a minimum I foot of drywall height where necessary.
CONTRACTOR must comply with the Director's final determination of any additional
height of drywall to be removed, which will be based on moisture testing and presence of
mold.
• Install drywall and wall insulation as necessary.
• Paint drywall to match colors on existing drywall to the satisfaction of the Director.
• Replace cove base as necessary (materials provided by City).
• Any wipe downs for inside walls for the inner City Clerk's Office must be achieved from
the hallway side of the office—no additional major drywall cuts must occur inside these
offices unless mold is detected on the walls by testing.
Agreement No. 4663
Approximate measurements for certain areas
* Values are approximate only and are to be verified by CONTRACTOR
Drywall
Perimeter
Ceiling
Length*
Area*
Location
FTC
NSF
N -S hallway next to HR Offices, E -W hallway next to
N -S 78
Finance, City Clerk's drywall
E -W 101
1231.90
Entry to north women's restroom
_....
17
24.56
HR Conference Room ...._... ......
56
218.40mmm
HR Conference Room waiting area
21
68.40
Supl ry oom next to HR Conference Room
24
45.04
Martha's offi . ........ ........
Julie and Minerva's office
62
229.30
Lisa's office
66
139.48
* Values are approximate only and are to be verified by CONTRACTOR
Agreement No. 4663
COST ESTIMATE
CITY OF EL SEGUN O CITY HALL WATER DAMAGE REPAIRS
Alternate Cost Estimates: Please refer to the attached Project scope for the activities covered.
ITEM
EST.
UNIT PRICE
NO.
QTY
UNIT
DESCRIPTION
IN FIGURES
AMOUNT
AI
1
Lump Sum
Drywall Repairs, Hallways
0
A2
13
LF
Drywall repairs, Server Room✓
A3
1
Lump Sum
Ceiling Tile Replacement with all new
tiles, HR areas
/ ""•
1=14 WKI 19:4 ON 10 1 fill am LOYTIV4 I
Agreement No. 4663
LABOR AND MATERIALS BOND
A & V Contraclors� lnc. as principal
("PRINCIPAL") and SureTec Insuraric e orn n
nl��y . , a corporation
..... ..... . - - n ----
1. PRINCIPAL will construct the public improvements identified in the scope of work for
the WATER DAMAGE REPAIRS PROJECT and the public works contract executed for such
Specifications, copies of which are on file with CITY's Engineering Division ("Public PI-QjCCC). Such
Engineering -
performance will be in accordance with CITY's plans and profiles, which are inade a part of this bond
when said plans and profiles are approved by the City Council and filed with CITY's Engineering
Division.
PRINCIPAL will pay all contractors. subcontractors, and persons renting equipment.
4. This bond is conditioned upon and guarantees due compliance with all applicable Jaw,
including. without limitation, the F] Segundo Municipal Code ("ESMC").
5. SURETY. for value received, agrees that no changes, extensions of time, alteration or
modification of the scope of work- for the WATER DAMAGE REPAIRS PROJECT, 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
C�
Agreement No. 4663
6. This bond consists of this instrUrriel'it.- 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 ofauthority has riot been surrendered.
L_
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, PRINCIPAUs
obligation will be void Upon the acceptance of the performance by CITY; otherwise this obligation will
remain in Fall force and effect.
SIGNE'D AND SEALED this 20th day of August )o 14
A & V Contractors, Inc.
SureTec Insurance Company
PRIWIPAK.'s PRESIDENT. S u r-ety Narrie,
INCIPAL'N SECRETARY
W. Newell, Aft-o—m-tw-In-Fact
(2) and shall be effective for one (1) year after acceptance of thejoh.
Agreement No. 4663
Certificate pursuant to 995.640(a) Code of Civil Procedure
AN
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Whereof; i have hweunto set my an anu affixed the seal of
said County an
F1 U
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COUNT
BY. Deputy
C. CHEN
Agreement No. 4663
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
County of Los Angeles
Bond No.: 4395976
On August 20, 2014 before me, Jennifer Kristina Green, Notary Public, personally appeared
Keith W. Newell, 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 signature on the instrument the person, or
the entity upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
r JENNIFER KRISTI GREEN =
COMM. #2014716
a P ry NOTARY PUBLIC •CALIFORNIAm
LOS ANGELES COUNTY
W Comm, Expires MAR 25, 2017
Poo#. 510541
SureTec Insurance Company
LIMITED POWER OF ATTORNEY
Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company "), a corporation duly organized and
existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents
make, constitute and appoint
Keith W. Newell
its true and lawful Attorney -in -fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge
and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the
conditions of contracts and consents of surety for:
Five Million and 00/100 Dollars ($5,000,000.00)
and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate
seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in -Fact may do in the
premises. Said appointment shall continue in force until 10/31 /2015 and is made under and by authority of the following
resolutions of the Board of Directors of the SureTec Insurance Company:
Be it Resolved, that the President, any Vice - President, any Assistant Vice - President, any Secretary or any Assistant Secretary shall be and is
hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s) -in -Fact to represent and act for and on
behalf of the Company subject to the following provisions:
Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and
deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings 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 by the Corporate Secretary.
Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or
any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid
and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 10'h of April,
1999)
In Witness TP?jrrea4 ST_LRETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal
to be hereto aflixea :his 5e: day of March A.D. 2014
SURETEC INSURANCE COMPANY
By.
John J� ox Jr 'resident
State of Tcxa $3:
County of Harris "<
On this 56 day of 'omch , A.D. 2014 before me personally came John Knox Jr., to me known, who, being by me duly sworn, did depose and say, that he
resides in Houstor., Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above
instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the
Board of Directors of said Company; and that he signed his name thereto by like order.
r JACQUELYN MALDONADO �~
Notary Public Jaci
„a State of Texas
My Comm. Exp. 511812017 8 elyn Maldonado, Notary Public
My commission expires May 18, 2017
I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy
of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set
out in the Power of Attorney are in full force and effect.
20`” August 2014
Given under my hand and the seal of said Company at Houston, Texas this _ _ day of A.D.
PlBir�e! ._. iecretsrr r
Any instrument issued in excess of the penalty stated above is totally void and without any validity.
For verification of the authority of this power you may call (713) 812 -0800 any business day between 8:00 am and 5:00 pm CST,
Agreement No. 4663
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
CIVIL CODE § 1189
State of California
County of _
On b re me, � t'"{ C
Date Here insert Name and Title of the Officer~
personally appeared
i utl "awuwJ' u�nww'�NIM,�u',�ti 'AE
HARIVADAN RANCHHODBHAI PL
Commission # 2008230
w f� Notary Public California
Orange County
� my Comm. Expire, Feb 22, 2017
NO�, _ ►- �, +
Name(s) of Signer(s) D
who proved to me on the basis of satisfactory
evidence to be the person(s) whose names) Xare
subscribed to the within instrument and acknowledged
to me that �h /they executed the same in
h*/ r /their authorized capacity(ies), and that by
/'h /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 ha d and ft)pial seal.
Place Notaty Seal Above Signature: A
Notary Public
OPTIONAL '
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: ..
Document Date:
Number of Pages: Signer(s) Other Than Named Above: .................
Capacity(ies) Claimed by Signer(s)
Signer's Name: __ Signer's Name: _ _mITITmmm,
❑ Corporate Officer — Title(s): ❑ Corporate Officer— Title(s):
❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator
❑ Other: ❑ Other:
Signer Is Representing:.
Signer Is Representing:
0 2013 National Notary Association • www.NationalNotary.org • 1- 800 -US NOTARY (1- 800 - 876 -6827) Item #5907
STATE OF CALIFORNIA
DEPARTMENT OF INSURANCE
SAN FRANCISCO
Certificate of Authority
Agreement No. 4663
N9 06138
THIS IS TO CERTIFY THAT Pursuant to the Insurance Code of the Stare of California,
Of Texas
laws Of Texas
SureToa Insurance Company
organized under the
sulijecr to its Articles of Incorporation or
ocher fundamental 0rgatt1Zatfor01 doctanwas, is hereby authorized to transact within the State, subject to
dll provisions of this Certificate, the following classes of insurance;
Surety
as such classes are now or ntay hereafter be defined to the Insurance Lava of the $rare of Cali forma.
TM CcRTlriu4T7 t,t expeasaly : Ca nd'itioned upon the holder hereof crow and itereq(ter being in
full comptionce with a14 and not en violation of any, of the applicau4taws and lawful requirements made
udder authority of flea laws of the State'of Californta as long as such laws or requirements are in effect
and applicable, and as such laws and requirements note are, or may hereafter be changed or amended
IN WITNESS WHEREOF. effectnre as of ihe_ 24th
dtryof,„._.WOatober � 2005 ,I have hereuntb
tee my hand and caused my official seal to be affixed this
24 th — day of October 2005
John, Oar.am nd4
l varrtasm 'ttrn,+mrssptt�r,dr
Y
Patrt.rla K. S agpa
For VtLchard D. Baum POPS y
Chief Deputy
NOTICE:
Qualification with Me Secretary of Siole nnul tie axotnpGsneu as rcquaed by me C;tlifnrniu Cdrpprauons Cosa ptompuy
after Assuamx of this Certifieale utAufh4nty, Foilurc to du 3o will be a vtmatron of inmrance Code Samoa 7Ul anti will be
grounas for revoking this Ceriilidate of Authomy pursuant to We convcnmit,t muse to the applicanotl thcmfur,r4d tike
conditions contamci hcrem.
Vo"M Ca•]
FWA o3p, o 3m,