4704This contract is entered into this is t day of November 2014, by and between the City of El
Segundo, a general law city and municipal corporation ( "the City ") and Spec Construction Co.,
Inc. ( "the Contractor ").
1. WORK.
A. The Contractor will provide all work required by the Contract Documents (the
"Work "). The Contractor agrees to do additional work arising from changes
ordered by the City in accordance with the Contract Documents.
B. The Contractor and the City agree to abide by the terms and conditions contained
in the Contract Documents;
C. The Contractor will furnish all of the labor; supplies and materials; equipment;
printing; vehicles; transportation; office space and facilities; all tests, testing and
analyses; and all matters whatsoever (except as otherwise expressly specified to
be furnished by the City) needed to perform and complete the Work and provide
the services required of the Contractor by the Contract Documents.
D, "Contract Documents" means the Notice Inviting Bids; Instructions to Bidders;
Supplementary Instructions to Bidders; Proposal; this Contract; Standard
Specifications; Supplementary Conditions; Exhibits; Technical Specifications;
List of Drawings; Drawings; Addenda; Notice to Proceed; Change Orders; Notice
of Completion; and all other documents identified in the Contract Documents
which together form the contract between the City and the Contractor for the
Work. The Contract Documents constitute the complete agreement between the
City and the Contractor and supersede any previous agreements or
understandings.
2. CONTRACT SUM. The City agrees to pay the Contractor a sum not to exceed Seven
Hundred Forty -Eight Thousand, Nine Hundred Sixty -Four Dollars and No cents ($748,964.00)
for the Work in the manner set forth in the Contract Documents. The City may adjust this
amount as set forth in the Contract Documents.
3. TIME FOR PERFORMANCE.
A. The Contractor will fully complete the Work within the time specified in the
Contract Documents (the "Contract Time. ")
Residential Sound Insulation Program 1 RSI 14 -18 (Group 61) Construction Contract
i
e. .,e
v
Contract Number: 4704
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 shall 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. TAXPAYER IDENTIFICATION NUMBER. The Contractor will provide the City with a
Taxpayer Identification Number.
6. 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.
7. 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.
8. INDEMNIFICATION. The Contractor agrees to indemnify 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.
9. 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
Residential Sound Insulation Program 2 RSI 14 -18 (Group 61) Construction Contract
V 00,
sE�
Contract Number: 4704
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.
10. 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.
11. 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
James O'Neill
City of El Segundo
RSI Program
333 Main Street, Unit A
El Segundo, CA 90245
The Contractor
Jasen DeLaFosse
Spec Construction Co., Inc.
1870 South Carlos Avenue
Ontario, California 91761
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 who
notices are to be given by giving notice in the manner prescribed in this paragraph.
12. NO THIRD PARTY BENEFICIARY. This Contract and every provision herein are 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.
13. 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.
14. 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. Precedence of documents as determined in the Standard Specifications.
Residential Sound Insulation Program 3 RSI 14 -18 (Group 61) Construction Contract
cio-,
Contract Number: 4704
15. 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.
16. 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.
17. 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.
18. 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.
19. CAPTIONS. The captions of the paragraphs of this Contract are for convenience of
reference only and will not affect the interpretation of this Contract.
20. TIME IS OF ESSENCE. Time is of the essence for each and every provision of the
Contract Documents.
21. COMMUNITY DEVELOPMENT BLOCK GRANT REQUIREMENT
This is a federally assisted construction contract and Federal labor standards, including Davis -
Bacon requirements, will be enforced. If Federal and State wage rates are applicable, then the
higher of the two will prevail.
[Signatures on next page]
Residential Sound Insulation Program 4 RSI 14 -18 (Group 61) Construction Contract
CITY OF EL SEGUNDO: CONTRACTOR:
A general law city and municipal corporation. Spec Construction Co., Inc.
IC
ATTEST:
B
APPROVED AS TO FORM:
MARK D. HENSLEY, CITY A
By.... . u u ________....
Karl 1. -rger, P,
Assis City Attorney
i
Taxpayer ID
Number
Contractor State
License Number
Contractor City
Business License
Number
Residential Sound Insulation Program 5 RSI 14 -18 (Group 61) Construction Contract
Agreement No. 4704
City of El Segundo
Residential Sound insulation Program
LABOR AND MATERIALS BOND
Bond No. 2183925
Bond Fee: Premium Included in the Performance Bond.
Spec Construction Co., Inc. , as principal ( "PRINCIPAL ") and
North American Specialty Insurance Company , a corporation incorporated under
the laws of the State of New Hampshire 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
Seven Hundred Forty-Eight Thousand Nine Hundred Sixty-Four and* dollars ($ 748,964.00
* Wordsr
00 /100
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 the Contract Documents for
Group 61 (RSI 14 -„18D of the City of El Segundo's Residential Sound Insulation Program
("PROJECT') and Cortract 4704 executed for such Project; and for all work or labor of
any kind performed for the 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 improvements identified in the Contract Documents for
the PROJECT, copies of which are on file in the CITY's Residential Sound Insulation
Program offices. Such performance will be in accordance with the requirements of the
Contract Documents which are made a part of this bond by reference.
2. PRINCIPAL will pay all contractors, subcontractors, and persons renting equipment.
3. PRINCIPAL will pay for all materials and other supplies, for equipment used in, on, for
or about the performance of the 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 ").
S. SURETY, for value received, agrees that no changes, extensions of time, alteration or
Labor and Materials Bond 1 Last Modified: April 22, 2009
Agreement No. 4704
City of El Segundo
Residential Sound Insulation Program
modification of the Contract Documents, 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 Contract Documents identified above; and the
following two (2) attached exhibits all of which are incorporated herein by reference:
A. A certified copy of the appointment, power of attorney, bylaws or other
instrument entitling or authorizing the persons executing this bond to do so; and
B. A certificate issued by the county clerk for the county in which SURETY's
representative is located conforming with California Code of Civil Procedure §
995.640 and stating that SURETY's certificate of authority has not been
surrendered, revoked, cancelled, annulled, or suspended, or in the event that it
has, that renewed authority has been granted.
7, Should PRINCIPAL perform its obligations within the time allowed, PRINCIPAL's
obligation will be void upon the acceptance of the performance by CITY; otherwise this
obligation will remain in full force and effect.
SIGNED AND SEALED this 2 t.h., --day Wob r , 2014
Spec Construction Co., e.
By: . ^" North American Specialty Insurance Company
PRINCIP
PRINCIP
S RETY
B/ ;,4e
MatthcN4, R. Dobyns, Attorncy -ln -1' ct
NOTE: ALL signatures must be acknowledged by a notary public.
PRINCIPAL's Mailing Address
1870 South Carlos Avenue
Ontario, CA 91761
SURETY's Mailing Address
6 Hutton Centre Drive, Suite 850
Santa Ana, CA 92707
Labor and Materials Bond 2 Last Modified; April 22, 2009
Agreement No. 4704
CALIFORNIA ALL - PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of ........San Bernardino
, yes, Notary Public ,
On October 30, 2014 before me Heather S. Reyes,
insert name and title of [lie officer)
personally appeared Jasen DeLaFosse
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to
the within instrument and acknowledged to me that he /she /they executed the same in his /her /their 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 person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
(Title or description of auaclied do
( p cement)
(Title ordescnption of attached document continued)
Number of Pages Document Date _........... ..... ............... . ...r– m........ ........ ........ _
(Additional information)
CAPACITY CLAIMED BY THE SiGNER
❑
Individual (s)
❑
Corporate Officer
... ...... .............. ..... _ ....... —..--.
(Title)
❑
Partner(s)
❑
Attorney -in -Fact
❑
Trustee(s)
❑
Other
2008 Version CAPA v 12 10,07 800 - 873 -9865 www.NotaryClasses.com
INSTRUCTIONS FOR COMPLETING THIS FORM
And- acknowedgment completed in California inust contain verbiage exacill, as
appears abore in the notar7, section or a separate acknou- ledgment form mast be
properly completed and attached to that document The only exception is if a
document is is be recorded outside of California. !n such instances, ally alternative
acknowledgment verbiage as inay be printed on such a document so long as the
verbiage does not require the noliny to do something than is illegal for a noialy in
California (i e cerlifying the auhori =ed capacity of the signe)). Plcase check the
document carefullvfor proper notarial hording and attach thisJorni if required.
• State and County information must be the State and County where the document
signer(s) personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s) personally appeared which
must also be the same date the acknowledgment is completed,
• 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 nanic(s) of document signer(s) who personally appear at the time of
notarization.
• Indicate the correct singular or plural forms by crossing off incorrect forms (i e.
he /slie /the) is /are ) or circling the correct forms. Failure to correctly indicate this
information may lead to rejection of document recording.
• 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
sufficient area permits, otherwise complete a different acknowledgment form.
• Signature of the notary public must match the signature on file with the office of
the county clerk,
Additional information is not required but could help to ensure this
acknowledgment is not misused or attached to a different document.
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
State of California
County of Orange
Agreement No. 4704
HUGH NGUYEN
CLERK - RECORDER
CERTIFICATE OF ADMITTED SURETY INSURER
Certificate pursuant to 995.640(a) Code of Civil Procedure
PROPERTY RECORDS
BIRTH AND DEATH RECORDS
MARRIAGE LICENSES /RECORDS
PASSPORTS
FICTITIOUS BUSINESS NAMES
NOTARY REGISTRATION
ORANGE COUNTY ARCHIVES
I, Hugh Nguyen, County Clerk- Recorder of the County of Orange, State of California, in and for
said County, DO HEREBY CERTIFY THAT NORTH AMERICAN SPECIALTY
INSURANCE COMPANY has been issued a Certificate of Authority as an Admitted Surety
Insurer by the State of California Insurance Commissioner who authorized the Insurer to transact
Surety Insurance in the State of California and that based on the records in this office, that
authority has not been surrendered, revoked, cancelled, annulled or suspended.
In Testimony Whereof, I execute this certificate and have hereunto set my hand and affixed the
seal of said County this 22nd day of May, 2014.
H gh (yenk)),rje County Clerk- Recorder
Ras Salaa Cl+ -k- Recorder
(Purple Seal)
NORTH COUNTY BRANCH OFFICE ORANGE COUNTY SOUTH COUNTY BRANCH OFFICE
HISTORIC DOWNTOWN FULLERTON HALL OF RECORDS LAGUNA HILLS CIVIC CENTER
201 N. HARBOR BOULEVARD 12 CIVIC CENTER PLAZA, ROOM 101 24031 EL TORO ROAD
FULLERTON, CALIFORNIA 92832 SANTA ANA, CALIFORNIA 92701 LAGUNA HILLS, CALIFORNIA 92653
(714) 834 -7500 • FAX (714) 834 -2675 • WWW.00RECORDER.COM + WWW.00ARCHIVES.COM
1��6f �� 1� �/ � , n� H"%��l�trrir,
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NAS SURETY GROUP
NORTH AMERICAN SPECIALTY INSURANCE COMPANY
WASHINGTON INTERNATIONAL INSURANCE COMPANY
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under
laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International
Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of
Schaumburg, Illinois, each does hereby make, constitute and appoint:
RANDY SPOHN and MATTHEW R. DOBYNS
JOINTLY OR SEVERALLY
Its true and lawful Attorney(s) -in -Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings
obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by
law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the
amount of: FIFTY MILLION ($50,000,000.00) DOLLARS
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of
Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held
on the 9"' of May, 2012:
"RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President,
the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named
in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them
hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is
FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any
certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be
binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached."
'wwwwMlVNI ll1'ryJi,J, smsaaan
' o "VNA4*,
'� BorwPlaq. S
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SI:AI_ �. Steven P. Anderson, Senior Vice President of Washington International Insurance Company "� SEAL
t 1979 & Senior Vice President of North American Specialty Insurance Company
rf t"wWlllkalwww� By
David M. Layman, Vice I ivvilalent of Washington International Insurance Company
& vice President or North American Specialty Insurance Company
IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their
P g y 26th y June _.2
official seals to be hereunto affixed, and these resents to be signed b their authorized officers this day of u, _ 20 I,?„
North American Specialty Insurance Company
Washington International Insurance Company
State of Illinois
County of Cook ss:
On this 26th day of. June 2012 , before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of
Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. LaLi an ,
Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company,
personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and
acknowledged said instrument to be the voluntary act and deed of their respective companies.
DONNA D. SKLENS
Not" Pubi%,Stlftof Wiwig Donna D. Sklens, Notary Public
MI' ora Pa i� ImMIS1
I, Jeffrey Goldberg_the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington
International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North
American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect.
IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 27th day of October 20 14
Jeffrey Cmldherg, Vice President & Assistant Secretary of
Washington Inteneational insurance Company & North American Specialty Insurance Company
Agreement No. 4704
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of CALIFORNIA
County of O N (jE
On a before me, ERIKA GUIDO, NOTARY PUBLIC,
personally appeared MATTHEW R. DOBYNS
F1 who proved to me on the basis of satisfactory evidence to be the person(-S)
whose named) is /are subscribed to the within instrument and
acknowledged to me that he /she /they executed the same in his /#ef/lei
authorized capacity Oes), and that by his /#ef/tW_4 signaturefs) 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.
d and official seal.
re of Notary
Though the data below is not required by law, it may prove valuable to persons relying on the document and
could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL
❑ CORPORATE OFFICER
PARTNER(S) ❑ LIMITED
ATTORNEY -IN -FACT
R TRUSTEE(S)
0 GUARDIAN /CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
DESCRIPTION OF ATTACHED DOCUMENT
Agreement No. 4704
Spec Construction Co., Inc. , as principal ( "PRINCIPAL ") and
North American Specialty Insurance Company , a corporation incorporated under
the laws of the State of New Hampshire 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
Seven Hundred Forty-Eight Thousand Nine Hundred Sixty -Four and * dollars ( 748,964.00
* 00 /100 (words)
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, Contract Documents for Group 61 (RSI
14 -1 of the City of El Segundo's Residential Sound Insulation Program ( "PROJECT") and
Contract 4704 executed for such 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 improvements identified in the Contract Documents for
the PROJECT, copies of which are on file in the CITY's Residential Sound Insulation
Program offices. Such performance will be in accordance with the requirements of the
Contract Documents which are made a part of this bond by reference.
2. PRINCIPAL's work on the PROJECT will be done in accordance with the requirements
of the Contract Documents for the PROJECT and with permits issued by the 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 PROJECT for a period of one (1) year following the PROJECT's completion and
acceptance by the CITY.
4. PRINCIPAL will pay for all materials and other supplies, for equipment used in, on, for
or about the performance of the Project, and will pay for all work and labor thereon,
Faithful Performance Bond 1 Last Modified: April 22, 2009
Agreement No. 4704
City of El Segundo
Nj Residential Sound Insulation Program
5. This bond is conditioned upon and guarantees due compliance with all applicable law
including, without limitation, the El Segundo Municipal Code ( "ESMC ").
6. SURETY, for value received, agrees that no changes, extensions of time, alteration or
modification of the Contract Documents, 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.
This bond consists of this instrument; the Contract Documents 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.
8. 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.
27th .��"" �:t�la�°r 14
SIGNED AND SEALED this y of , 20".
Spec Construction Co. 1, a
By: North American Specialty Insurance Company
PRINC s Preside -- S11 TY
By �' ,
PR.I .- L's Secretary Matthew R. Dobyns, Attorney -ltt -1 "atet
NOTE: - ALL signatures must be acknowledged by a notary public.
PRINCIPAL's Mailing Address
1870 South Carlos Avenue
Ontario, CA 91761
SURETY's Mailing Address
6 Hutton Centre Drive, Suite 850
Santa Ana, CA 92707
Faithful Performance Bond 2 Last Modified: April 22, 2009
Agreement No. 4704
CALIFORNIA ALL - PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of .San,Bernardino„
On October 30, 2014 before me, Heather S. Reyes, Notary Public ,
(Here insert name and title of the officer)
personally appeared _Jasen DeLaFosse
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to
the within instrument and acknowledged to me that he /she /they executed the same in his /her /their 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 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 any hand and official seat. -�r
... (Notary
Seq., :e p' rl
HEATHER b REYES
Commission # 2069735
Notary Public - California
San Bernardino County
Comm. Ex nines Ida 0, 2C t S
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
or description of attached document)
(Title or descrption of iittachcd document continued)
Number of Pages Document Date
(Additional irilormation)
CAPACITY CLAIMED BY THE SIGNER
❑
Individual (s)
Corporate Officer
(Ti t1e)
❑
Partner(s)
❑
Attorney -in -Fact
❑
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2008 Version CAPA v 12,10.07 800- 873 -9865 www.NotaryClasses.com
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in California must contain verbiage exactly as
appears above in the notaryy section or a separate acknowledgment form must be
properly completed and attached to that document The only exception is if a
docranerrl is to be recorded outside of California. hi such brslances. an 'v ahernative
acknowledgment verbiage as ma3• be printed on such a docutnew so long cis the
verbiage does not require the nolmy to do something that is illegal for a nanny in
California (i.e, certifying the authortced capacity <f the sign!). please check the
doamrent carefrdlr for proper notarial wording and attach this forut tjrequired.
• Stale and County information must be the Slate and County where the document
signer(s) personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s) personally appeared which
must also be the same date the acknowledgment is completed.
• 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,
• Indicate the correct singular or plural forms by crossing off incorrect forms (i e.
he /she4wy-,- is /are ) or circling the correct forms, Failure to correctly indicate this
information may lead to rejection ofdocument recording.
• The notary seal impression must be clear and photographically reproducible .
fmpression must not cover text or lines if seal impression smudges, re -seal if a
sufficient area permits, otherwise complete a different acknowledgment form
• Signature of the notary public must match the signature on file with the office of
the county clerk.
Additional information is not required but could help to ensure this
acknowledgment is not misused or attached to a different document.
Indicate titre 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
State of California
County of Orange
Agreement No. 4704
HUGH NGUYEN
CLERK - RECORDER
CERTIFICATE OF ADMITTED SURETY INSURER
Certificate pursuant to 995.640(a) Code of Civil Procedure
PROPERTY RECORDS
BIRTH AND DEATH RECORDS
MARRIAGE LICENSES /RECORDS
PASSPORTS
FICTITIOUS BUSINESS NAMES
NOTARY REGISTRATION
ORANGE COUNTY ARCHIVES
I, Hugh Nguyen, County Clerk- Recorder of the County of Orange, State of California, in and for
said County, DO HEREBY CERTIFY THAT NORTH AMERICAN SPECIALTY
INSURANCE COMPANY has been issued a Certificate of Authority as an Admitted Surety
Insurer by the State of California Insurance Commissioner who authorized the Insurer to transact
Surety Insurance in the State of California and that based on the records in this office, that
authority has not been surrendered, revoked, cancelled, annulled or suspended.
In Testimony Whereof, I execute this certificate and have hereunto set my hand and affixed the
seal of said County this 22nd day of May, 2014,
FRI iw
(Purple Seal)
NORTH COUNTY BRANCH OFFICE ORANGE COUNTY SOUTH COUNTY BRANCH OFFICE
HISTORIC DOWNTOWN FULLERTON HALL OF RECORDS LAGUNA HILLS CIVIC CENTER
201 N. HARBOR BOULEVARD 12 CIVIC CENTER PLAZA, ROOM 101 24031 EL TORO ROAD
FULLERTON, CALIFORNIA 92832 SANTA ANA, CALIFORNIA 92701 LAGUNA HILLS, CALIFORNIA 92653
(711) 831 -7500 • FAX (711) 831.267S ♦ WWW.00RECORDER.COM • WWW.00AR CHIVES. COM
• -- ent No. 4704
JJ %FIFI /!'F
,�J „>>,
NAS SURETY GROUP
NORTH AMERICAN SPECIALTY INSURANCE COMPANY
WASHINGTON INTERNATIONAL INSURANCE COMPANY
KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under
laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International
Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of
Schaumburg, Illinois, each does hereby make, constitute and appoint:
RANDY SPOHN and MATTHEW R. DOBYNS
JOINTLY OR SEVERALLY
Its true and lawful Attomey(s) -in -Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings
obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by
law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the
amount of: FIFTY MILLION (550.000.000.00) DOLLARS
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of
Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held
on the 9th of May. 2012:
"RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President,
the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named
in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them
hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is
FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any
certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be
binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached.”
By u� PO U,
Sleven P. Anderson, Scnior Vilc I'Midelel of WW'amirdaglowa laulcxnaldarm�nl lrear'ancv Company e a� l ;
_ t�
1979 f & Senior Vice President of North American Sp,mialuy Insurance Company s
oil InIO
By.
. ._.
David M. Layman, Vice PmOdcoi of lWnslclnptoo International Insurance Company
& Vice President of North American Specialty Insurance Company
IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their
official seals to be hereunto affixed, and these presents to be signed by their authorized officers this26th day of June 2012
North American Specialty Insurance Company
Washington International Insurance Company
State of Illinois
County of Cook ss:
On this 26th day of June 2012 before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of
Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman ,
Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company,
personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and
acknowledged said instrument to be the voluntary act and deed of their respective companies.
'OMCIAL SEW
I ONNA I . S S'
, otay Public, Stmt: of Illinois Donna D. Sklens, Notary Public
!2 Comm Ex " s IOM61201 5
I, Jeffrey Goldberg ,the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington
International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North
American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect.
IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 27th day of October 20 14
,te1'frcy Goldberg Vice President & Assistant Secretary oI
washimllon International Insurance Company & NoAh American Specialty Insurance Company
Agreement No. 4704
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of CALIFORNIA
County of O ANGE
On � � before me, ERIKA GUIDO, NOTARY PUBLIC,
personally appeared MATTHEW R. DOBYNS
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/#iey executed the same in his /Ie�/hei-r
authorized capacity (ies), and that by his /#ef/them 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.
nd and official seal.
ture of
Though the data below is not required by law, it may prove valuable to persons relying on the document and
could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL
❑ CORPORATE OFFICER
❑ PARTNER(S) ❑ LIMITED
® ATTORNEY -IN -FACT
❑ TRUSTEE(S)
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SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
DESCRIPTION OF ATTACHED DOCUMENT