CONTRACT 4721 OtherAgreement No. 4721
Contract Number: 4721
�a
RESIDENTIAL SOUND INSULATION PROGRAM CONTRACT
BETWEEN
THE CITY OF EL SEGUNDO AND
BIG WEST CONSTRUCTION CORPORATION
This contract is entered into this �-'`�eday of December 2014, by and between the City of El
Segundo, a general law city and municipal corporation ( "the City ") and Big West Construction
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 Four
Hundred Fifty -One Thousand Dollars and No cents ($451,000.00) 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 Contract 4721 (Group 68 Construction)
Agreement No. 4721
Contract Number: 4721
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 Contract 4721 (Group 68 Construction)
Agreement No. 4721
Contract Number: 4721
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
Gregory McQueen
City of El Segundo
RSI Program
333 Main Street, Unit A
El Segundo, CA 90245
The Contractor
Thomas R. Carr
Big West Construction Corporation.
15331 Normandie Avenue
Irvine, California 92604
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 Contract 4721 (Group 68 Construction)
Agreement No. 4721
Contract Number: 4721
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 Contract 4721 (Group 68 Construction)
XMn7
Agreement No. 4721
Contract Number: 4721
IN WITNESS WHERE OF the parties hereto have executed this contract the day and
year first hereinabove written.
CITY OF EL SEGUNDO:
A general law4city and municipal corporation.
0
ATTEST:
0
By:
"racy, 6a e �,µ 1
City Clerk
APPROVED AS TO FORM:
MARK D. HENSLEY, CITY ATTORNEY
Karl I�rger,
Assistant City Attorney
CONTRACTOR:
Big West Construction Corporation.
By.. ..............
'lionlas Carr 6 t
President
Taxpayer ID
Number
Contractor State
License Number
Contractor City
Business License
Number
` m .' SIB...
Residential Sound Insulation Program 5 Contract 4721 (Group 68 Construction)
Agreement No. 4721
(Jity of 19I . Stgundo
Q� ) Residenda] Soundinsulation. Program
LABOR AND NIATERIAT.S BOND
Bond iNo, 2183736
Boad Fee: INCLUDED IN PERFORMANCE BOND
BW 111.as primipa�
North American Specialty Insurance Arnporry a corporation hmmpomwd urukr
the IM., Of the %atc 01 , Ncw,Hamp,9fiirc and ficenscd by the State of
CuliAnka W examAe bonds and undertaWngs ass,�ole ("SURETY"), are held and
Amly bound uns) be City W'E] Aj Me swin of
Four Hundred Fifty „One Thousand and 09/l I I”, dollars Q 151MDID0 ...... A
fyvo M)
Jawflut Tnoricy of flw Uh1' ?4e4A States, vNhich may be increased or decreased by ZL Eder ho'do
execaud in To swne nm➢mr ns Us boQ Ar the payneunt. ca'ivhich sum. TIRINCHIAI.., and.
SURF. d Y bind Tcrnsf.lvn , thvir saccessors, a-Ind WSigns, Jointly and severaily, by this
hishurnent,
hond is, c,,.kndifioned ul'),oti a-nd guararaces payment by PRINC.'WAL to ocintractors,
and pwwmm rmOng ecItiipment paWnwnt by f1RJNC,'1PA1,ar)d all PRINCIPAL'S
.,ubcontrac.Wrs for alH, mtar,9rials, provAm" prove twin % or aD[Iwr salf,"plies, and, eqifiprnent used in,
upon. Or or about Te puQm=,m(,-x, (if the woA cmactrphAt.,A in fl-te, ('.cinlract D( currwrkts faun'
WuP AV. (Rsi ,Q) or , cio, ofEl Se,,,y;urido's Re,-Jdenthtl Sound Insulation Progran-u
CWHE(A") find QFH120_472 (nxeci-iled Car such Proje, and Rw A work or hbor of
ar� -o,
y kind. perf'orrvied tor ttle 1"', ject, In the unso tW any deNuh In the perInmana: of ke
GO] , uWioils and s"ipulaiions of dis undinlahng, it in, 4greed that PRINC111AL, or stm1,,,r-li will
apply the 1tond cw any gulkin thercof, to tlac Satisfaction of any darnages, rech.u.➢.fitiort.,
fic'nuhics., or deficio-'acit-'s by rea sons of such defl fi.dt,
Bund Conditions
1, PRU•CIPAL, wHI, oonr-Jruct the improwunuss ideatified in Ifi c (]'ontract Docurnen.ls for
ffie PROJEC'T, cophas of Wah nun on We in the CITY"s Re save n6al Sound NOW=
PiDgism Aice& SUCh will Itr 41, acco"aharics.- with tht! reqI.,hren"Ienta oftho
CAmum fwunww which an, made a part W'dis bond by wArence.
2, PPJNCIPAL. QH pay A and pe,,rsoinin; -ren6nig equipin.CnL
3, 111,[(JNC'H"A1, will pay f6r aill matsdals and cAhersupplies, for equipurent used in, on, fbr
orabourlepe,db)n.,u ance of We Pnjech and wiltpiy fcn,afll worlk"and labor thereon,
,'f ",11if„ a, ab � e J a,,,v
iS (WANOTHId LqXMI and gusumtoes due coinphance With —H appfic,
Hnhtvdoi,,,, the D Scgtmdo Munia(Jqp,,-d Code (,"f.,.,SMC-).
1 SURETY, for vdue mcubal, agrocs Mat no Jmnges, Of' finle, dtcs nalion or
fgubo,raind Nfimvjal,,,,, liond f I ma WNW AQ 2A 2N9
Agreement No. 4721
City of hl Segundo
Residential Sound Insulation P ogrlain
i- nodilication of the Contract Documents, or of the obligation to be performed will in any
way affiect 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
perfi61-med.
6. Tbis bond consists of this instrument; the Contract Documents identified above; and the
followving two (2) attached exhibits all of which are incorporated herein by reference:
A. A certiFled copy of the appointment, power of attorney, bylaws or other
instrument entitling or authorizing the persons executing this brand 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
99-5,640 and stating that SUrol "TY's certificate of autli.ority has not been
surrendered, revoked, cancelled, annulled, or suspended, or in the event that it
has, that renewed authority has been granted.
Should PRINCIPAL perform its obligations within the time allowed, PRINCIPAL's
obligation will he void upon the acceptance of'the performance by CITY; otherwise this
obligation will remain in full force and effect.
SIGNED AND SEALED this I Ith Clay of _..... December
Big West Construction Corporation North American cc salty Insurance ( a)ffl any
l�R (Il'AL °s President dl l., G � � q to �, Yung T. Mullick,
Attorney -in -Fact
r
PlN Secretary SURpTY's Secretary
NUIE ALL, signatures must be acknowledged by a notary public.
PRINC:IPAL's Mailing Address
Big West Construction Corporation
15331 Nm•mandie Avc,
Irvine, CA 92604
SURF',TY's Mailing Address
North American Specialty Insurance Company
6 Hutton Centre Drive, Suite 850
Santa ..Ana, .CA....9. 2707... .._ ...._. . . ....................
Labor and Materials F3oiacl Last Modified: April 22, 2009
Agreement No. 4721
u"y���7�
SUSPENDED
E) 7 CwnW cw* of the County
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DO HERESY CERTWYTHAT A rib
y��^� 9kh�s9u yPi; p4yv55 m`Y�m�ny�q'C�}k oPYf ry r MOMS ,y� �ppq��q,
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G�M1utt° 1V�� Cnu�6�a�iQ �a {Wf �Hr ar d fhb V i.., hh Vtlhhti�
jra ,(j jjnj0r°j a jWm, f, h hava haiewao set uW h an and e jec Saul of
said unty on
COU14TY CLERK
Doputy COUVIV
Agreement No. 4721
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
County of ORANGE
On DECEMBER 11, 2014 before me, JENNIFER C. ANAYA, NOTARY PUBLIC
Date Here insert Name end Tille of the OH�er
personally appeared YUNG T. MULLICK
who proved to me on the basis of satisfactory evidence to
be the personM whose nameM Is/are subscribed to the
whNn instrument and acknowled, ed to rrwe that he/sheftiley
executed the carne in hjsX=authorizad capacity(les),
signature on the instrument the
�jjqjr-iR C. ANAYA and that his/ e Antif
the entit
# i f of which the person04,�
74,1 68� 7J pet. it'e Antif
V4 urol,10 XJ acted, executed the: J menL
�MY (n
'COUNTY to
MOM I certify under PEN :TY OF P JURY under the laws of
1�t 1AV combp' exR MAY 2, 20!�A the State of Califor , a that the regoing paragraph is true
and correct.
Witness my ha 't nd ioi al.
Signature
Plane Notary Seat Above lk
- OPTIONAL -A
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this torah to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Sigper(s) Other Than Named Above;
Capacity(lea) Claimed by $19ner(s)
0 Attorney in Fact
Trustee
Guardian or Conservator
❑ Other:,..,,,.,,,
Signer Is Representing:
Number of Pages:
Signer Is Representing:
Agreement No. 4721
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:
JENNIFER C. ANAYA, JAMES W. MOILANEN
and YUNG T. MULLICK
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 pennitted 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 91h 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."
't1Pw.B1'Irlp'' °i,
Brae^
,"
By
SEAL 6 c: Steven P. Anderson, Senior Vice President of Washington International Insurance CompanyI,
1973 ty o,.my .^ & Senioi Vice President of North American Specialty Insurance Company
ON
14111Iht4YYo By 7
David M. fA, k'y"1ait, Vity Trestd6l of Washington Iit ternaIt onal insurance Company
& Vice Ptv4hloot ofNorth 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 roe, 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.
Ir�r
M M Illinoij
Donna D. Sklens, Notary Public
1, 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 I I day of DECEMBER , 20 14
^
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.UzfP'o ery' 6:urvVrBVreeS, Vries Tresidernu dtr.. Assysl.uxnu Sef.xeiwa of
Vdaslhuing as IM P.eB.Rll wna0 h suraoce d'ainnlparn &.. NoW, Avr ..ric,,n Sfe;ial4s YnsisrF.rarce 0-'jpurn,
State of California
Agreement No. 4721
CIVIL CODE § 1189
County of
On _�� ._�.... before me, ��. — .. �✓ �n.- ..........,�K
fiat Here Insert Name and Title of the Officer
personally appeared
a
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
ROBYN J. CAR11 BBL his /her /their signature(s) on the instrument the
Commission # 1939133 person(s), or the entity upon behalf of which the
Notary Public - California person(s) acted, executed the instrument.
Orange county
Nt Com'm. l �t fires fun 29, 2013 1 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.
N
Place Notary Seal Above Signature: �✓ V of Notary
Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date-
Signer(s) Other Than Named Above: ...
Capacity(ies) Claimed by Signer(s)
Signer's Name: ,
❑ Corporate Officer — Title(s).,
❑ Individual
Signer Is Representing:
........... . . . . . ................. . . . . . . . . ...... . . . . . . . . ....... . . . . . ........... . . . . . . . ...... . . . . . ....................... . . . . . . . . . . . .........
Number of Pages:
Signer's Name: __ ___
❑ Corporate Officer — Title(s):'
❑ Individual
❑ Partner — ❑ Limited ❑ General Top of thumb here
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing;
OO 2010 National Notary Association • NationalNotary.org ^ 1- 800 -US NOTARY (1- 800 - 876 -6827) Item #5907
Agreement No. 4721
IN, j
Wax of EI Segun&)
VQ L' R.esidcvafial Sound 1n,,,,u1,a6crn Pingraur)
Ale,
10 Mt F IJ 1-J,"'ER FOR M ANC E BOND
Bond No, 2183736
Bond FQY $618100 WHICH IS SUBJECT TO CHANGE
BASED ON THE FINAL CONTRACT AMOUNT
as princil,'),a),
Specialty Insurmwe C.Q..11'.1pally °m_. .. ... .. ........ , a corporation. 41C01 1301-kCd Under
dW WS of A: State of Ne-----jtpppjjc ,nid huensed by the State of
("'a to ex(,,,cutc� bonds arx. u i.dcrtakrvtgs -M SOIC Wdy, abl=ty CAI METY"I am held and
firady botuid: unto dw (n✓ of M 10cpando CIATY1 in to swn of
.1�qu- r. Huindr , d H ft 01n. C . Tlhcrusand and 001100
k1whx! Inoricy of the, which nvriy be, ill' creas'erl
execaHNI in the saine ;nmmwr as dris ON, For the, p�,nyrnen(
SURETY pp,;. d TumaAwq MW wcmsmvq and Wgns,
instinwA,
dollars ($ 451, 0 09.09
k1ly dec-ro,,ased by a rider hervto
of which ,saran PRINCUIAL and
jointly and severally, pzyn this,
fl1�JNK.111A-k or SURETY will apply thi-, bonci fo ih(a peri'(wrnance.; of any, arid all of' drie
cl"ni,clidons voul stipulations set AN in ahs bond, Contact DOCUfflentS for Cir(oup 0..___ (R,`,1
14 - 21 ) Of Q City of EJ SegtnrjdWs Revidendd Smind Inadadon Propini CWWRCI—) ancl.
1000 021 exemited ilw Pr(jov. In he ume of any default in the perf6T,-r aance of
the a,dailadaitadaPa. kfinadp stilmd'a6ojas of 'this ujadortakirq,,, at is aVaud that PRIN(APAL or SURETY
""',pp ly the Nund cw my pawon WA', to the s"'Itis[I'lludon of' any darn ,,,igers,
amcssn,ic,,nts., pern"ifties" c),( nrisirtt; by reasco-i of su(,,�h defiault,
Bond Cowidiilions
1'1\'1NC1PA1, wilf the in"kProvc,inc'nts idcr, ltfficd in thc Concnact Docurfrionts fin.
[fic P1,',0Jf,,.'('.'1', "."Upbs of which we on 04 in thu CITY's Pesiciential So�.,nid lnsuhat%�
Prograrn ,viilt be in mxorduwo vVith the
Chinow Documens whWh am We v; part MAN bmul by rxh%nw
2, PHANK,111ALA mark on the PROJECA wjH be dwnc in accordwice awiffi the requirenwrits
Of the C'ontnact 11,smimms Whe PlIL(DJECT andi V,,irtl) pere'lit,, issuccl by the (3-'Y,
ShoWd PRIWIPAL to ali rcqu"ired work withill ti-I
rn�d,iy, .It its solc di""'crctio'n, cause afl roquirvd worlk. to be dldpaP,.e arid the pnrtius oxecudn.g
the h➢yiti vv➢)l be An bound Q ' 3 ae' 01""IJ] nce0sgar"y thcr(,.R)A%
3, PRINCIPAL will gurumacc its work against a,,,ny dul-'ective work,, labor, crr matcriaLs on
the PR(MECT Ar a poric)d of onfz, (1) ycar floHowing the PROJI!171"s cotnpkfion, and
b,,v ("'ITY
4. PRINC!IPAL W pay Rm, all nm&Ws and odwr 16j: cquipnwia ase(] in, un, for
m ahmA Me 1acsl5orinance oftlic Palm, and will pay for all work avid labor thereon.
Nhhhd FIrAn-nance Bond p 1AM MmT&T ApT 2Z NW9
Agreement No. 4721
City of El Segundo
Residential Sound Insulation llia(n.�°;r�ru
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 tithe, 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 naczdification 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 confon-ni.ng 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.
Should PRINCIPAL per°forni 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 11th day of December 20 14
Big West Construction Corporation North Amct °icam- 1pcchflty lnsurgn C :Onip, any
ry
m... mm ...........
PRINCIPAL's President $Jj L 1 Y's F'resiil�;llt. Yung T. Muuiek,
Attomey -in -Fact
D'
�� awls s
Secretary TNT's ..
�.� ._�.
}' ry Secretary
N..
NOTE: ALL signatures must be acknowledged by a notary public.
PRINCIPAL's Mailing Address
Big West Construction Corporation
15331 Normandie Ave.
IrvinQ,a.CA 92604
SURFFY's Mailing Address
North American Specialty Insurance Company
6 Hutton Centre Drive, Suite 850
Santa Ana, CA 92707
Faithful Performance Bond 7 Last Modified: April 22, 2009
Agreement No. 4721
- -1 Tn7l-Q1
WS HIM I to—van
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SURREMM': W7 110. "XIM, OR
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._ I (Oklnh�y of" 'h""" ("'(wnty
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REVOKED,
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If; ax., 'ay lli"it�'vi --,"�Ijj ',"c a I of
said Cauntyon
UNTY CLSRK
Agreement No. 4721
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
County of -ORANGE
On DECEMBER 11, 2014 before me, JENNIFER C. ANAYAAQPUBLIC
Date Here Insert Name and le Tit of the Officer
personally appeared YUNG T- MULLICK-
Iq �me( Name(s) �ignW(—s)
Ir ON 01, roe; JENNIFER C. ANAYA
C4 comm. # 19741158
NOTARY PUBLIC•CALIFORNIA ;U
W
ORANGE COUNTY
MY OUR EXP. MAY 2,
40
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to
be the personM'whose narneM is/are Subscribed to the
within instrument and' acknoweded to me that he/she/they
executed the Same in hisAW authorized capacity(ies),
and that by his/hvAt)e# signature on the Instrument the
personal, or the enfi3� upon � Mof which the person*
acted, executed, t, ;Plt
I certify underKNAL:ry OF ry'E'RJURY under the laws oi
the State of wornia I at t regoing paragraph is true
�
and corr'aec ,
Witnes, my hand a� ofi4i Is af.
Signature
. . ........ .
OPTIONAL
Though the information below Is not required by law, it may prove valuable to relying on the document
and could prevent fraudulent removal and reattachment of this forin to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above,..
Caoacity(les) Claimed by SIgner(s)
"per's Name:
E] Individual
❑11 Corporate Officer 110e(s) _
❑ Partner
[:1 Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:___.._
Signer Is Representing: ,
Number of Pages:_—..----,
Signers Name: . ....
[j Individual
E] Corporate Officer — Title(s)
[] Partner — Q Urnited ElGeneral
[:] Attorney in Fact
❑ Trustee
❑Guardjan or conservator
El Other:-------------
Signer Is Representing:
Agreement No. 4721
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:
JENNIFER C. ANAYA, JAMES W. MOILANEN
and YUNC_i T. MULLICK
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 of, otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the
amount of: FIFTY MILLION (S50„ 000,001).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 9d' 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."
�p��y{tplr��rruu,�,a�o .
�.ePy4rdTC'`✓.+i'tiCY%
BY
,i y
SEAL In - Steven P. Anderson, Senior Vice President of Washington International Insurance Company lr SE L
��"J 1973, ^. & Senior Vice President of t North American Specialty Insurance Company .�
ps
By
David N9. Layman, Vice Pwcaidt4o of Washington International Insurance Company e41,
& 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 12012 .
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.
M "' NS te of Illinois irLs 1002w013
Donna D. Sklens, Notary Public
1, 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, l have set my hand and affixed the seals of the Companies this , I I_ day of DECEMBER , 20 14
e_
...._..._...._ Cioldbeu�, Vice Preside._ ._.. .. .... . ............. . _ ..... ..... ....... ...
Jeffs}' .
....._..,...__......
President & Ass,stmrt Secrelan, of
Washington hitemotional Insurance Company & North American Specialh Insurance Compam
Agreement No. 4721
• • a „
State of California
County of
On
C-1 t _ ? before me, Ha�e Insert Nome and Title of the OTfic
personally appeared
y ROBYN J. CARA- `B0L
Commission # 1939133
Notary Public - California X
Orange County
Comm. Ls fires Jun '0, 2015
CIVIL CODE § 1169
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 my hand and official seal..
Signature _� 4� � � .: -4
Place Notary Seal Above lyrrratttm� {Votary J,;; ft
��
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Names .. ....... ... ......... ............
❑ Corporate Officer — Title(s);
❑ Individual
Number of Pages:
Signer Is Representing:
Signer Is Representing;.
0 2010 National Notary Association - National Notary.org • 1- 600 -US NOTARY (1- 600 - 676 -6627) Itern #5907