4715This contract is entered into this day ofml� -mma _ 2011° ; by and between the City of
El Segundo, a general law city and municipal corpol atlon ( "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 Fifty -Three Thousand, Three Hundred Fifty Dollars and No cents ($753,350.00) 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 -23 (Group 65) Construction Contract
Contract Number: 4715
n
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:
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 -23 (Group 65) Construction Contract
7�09? V
Contract Number: 4715
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 -23 (Group 65) Construction Contract
Contract Number: 4715
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 -23 (Group 65) Construction Contract
CITY OF EL S.EGUNDO:
A general law city and municipal corporation.
M.
ATTEST:
Lo
APPROVED AS TO FORM:
MARK D. HENSLEY, CITY ATTORNEY
i
Karl H. Berger,
Assistant City Attorney
CONTRACTOR:
Spec Construction Co., Inc.
Jasen
Vice-
Taxpayer ID
Number
Contractor State
License Number
Contractor City
Business License
Number
d.. Z 5,6 7 q 'Lt -1
t-f t01 (026
'S 513-7
Residential Sound Insulation Program 5 RSI 14 -23 (Group 65) Construction Contract
CITY OF EL SEGUNDO:
A general law city and municipal corporation.
Greg Carpenter
City Manager
ATTEST:
LE
Tracy Weaver
City Clerk
APPROVED AS TO FORM:
MARK D. HENSLEY, CITY ATTORNEY
Karl H. Berger,
Assistant City Attorney
CONTRACTOR:
Spec Construction Co., Inc.
Lo
Jasen
vice..M
Taxpayer ID
Number
Contractor State
License Number
Contractor City
Business License
Number
L1 t
Residential Sound Insulation Program 5 RSI 14 -23 (Group 65) Construction Contract
Agreement No. 4715
City of El Segundo
Residential Sound Insulation Program
FAITHFUL
THE FINAL PREMIUM I
PREDICATED ON THE
FINAL CONTRACT PRICE
PERFORMANCE BOND
Bond No. 2183931
Bond Fee: $11,034.00
Spec Construction Co., Inc. , as principal ( "PRINCIPAL'S) and
North American Specialty Insurance Company , a corporation incorporated under
the laws of the State of New Hampshire and licensed by the State of
California to execute bonds and undertakings as sole surety, as surety ( "SURETY "), are held and
firmly bound unto the City of El Segundo ( "CITY ") in the sum of
Seven Hundred Fifty -Three Thousand Three Hundred 1'i rly and 00/100 dollars ($ 753,350.00 y
(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 65 (RSI
14 _23 of the City of El Segundo's Residential Sound Insulation Program ( "PROJECT") and
Contract 4715 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 fmnly bound for the payment of all necessary costs therefor.
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 I Last Modified: April 22, 2009
Agreement No. 4715
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.
7. 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.
SIGNED AND SE t day of November 20 14
Spec On C ., trrr
B Y: " North American Specialty Insurance Company
SURETY °� "
By
P1 ecretary Matthew R. Dobyns, Attomey -In -Fact
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. 4715
CALIFORNIA ALL-PURPOSE
C �TIF CATS F ACKNOWLEDGMENT
State of California
County of Salx....Berpa `dit�p......
On December 1, 2014 before me, Heather S R�e es, Notar Public
-- -- (Here insert same 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*wyy executed the same in his /her•/their authorized
capacity(ies), and that by his4ierAheir signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
certify under PENA[.,TY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
WITNI,SS, my hand and official seal.
Si ,n,rnr of Cahn 1" Ablic
(Notary Seal)
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
('Title or description of attached document)
(Title or description of attached document continued)
Number of Pages _ Document Date
(Additional information)
CAPACITY CLAIMED BY THE SIGNER
❑
Individual (s)
IX,
Corporate Officer
❑
Partner(s)
❑
Attorney -in -Fact
❑
Trustee(s)
❑
Other
2008 Version CAPA v 12 10 07 800- 873 -9865 xvww NotaryClasses com
HEATHERS. RE
Commission # 2069735
Notary Public - California
San Bernardino County
My Comm E vas 30, 20tS
INSTRUCTIONS FOR COMPLETING THIS FORM
An), acknutvleclgineni completed in California mast contain verbiage exactly as
appears ahore in the notmi, section or a separnre ncknosrledgmew form must he
properly completed awl attached to that doconent, '1'lre only exception is if a
clocnment is to he recorded outshle o/'(7a1ifo•nia, In such instances, arrP alternative
acknowledgment verbiage as mqv he printed on such ft docrrnrent so long ns the
verbiage does not require the nolaty to do something than is illegal for a nature, in
Culifo•nia (Le certifying the owho•i_ed capacity of the signer) Please check the
chwument curefirllyfnr pr caper notarial mantling amt unudr this form if required.
• Stale 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 he the same date the acknowledgment is completed
• The notary public ]]lust 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 /she /they} 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 (his
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
Agreement No. 4715
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of San Bernardino -
On December 1, 2014
before me, Heather S Rees, Notary Public
Ilere insert name and title of the officer)
e
( ccr)
personally appeared Chaz 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 /ber/tbei -r authorized
capacity(ies), and that by his /barAheei-r 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. — & " -A ,.a4 -1 ," ,- 10,�,
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
(Title or descn "
uan of attached documcni)
( "title or description of attached document continued)
Number of Pages _______ Docun)ent Date
(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 ww-w NotaryClasses corn
INSTRUCTIONS FOR COMPLETING THIS FORM
Anv acknou ledgment completed n Caliitbrina nmsr contain verbiage esucd)- as
appears above ill the notivy section or a separate acknmrledgnrent form must he
properly completed and attached to thal doc'ranene 'l'Ire only exception is if a
document is to be recorded outside of California, In such instances, arl'p ahernative
acknowledgment verbiage cis may he pruned on such a cocument so lung as the
verbiage does not require the nomi), to do something that is illegal for a notury in
California 0 e cep iifting the awlrorLecl capucitp of the signer), Please check the
ductunem carefidl) "for proper notarial n in'dirrg and attach this_funn if required.
• Slate and County information must be the State and County where the document
signer(s) personally appeared before the notary public for acknowledgment.
• Date ol' 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 tide (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 /sheMfie}–, is /ere ) 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,
Impression must not cover text or lines if seal impression smudges, re -seal if a
sufficient area pennies, 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
r indicate the capacity claimed by the signer, If the claimed capacity is a
corporate officer, indicate the title (ice, CE-O, CFO, Secretary),
• Securely attach this document to the signed document
State of California
County of Orange
Agreement No. 4715
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 6TH day of January, 2015.
Hugh Nguyen, Orange County Clerk- Recorder
Dulce Cuevas, Deputy Clerk- Recorder
(Purple Seal)
r
NORTH COUNTY BRANCH OFFICE ORANGE COUNTY SOUTH COUNTY BRANCH OFFICE
HISTORIC DOWNTOWN FULLER TON 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
(7 14 ) 834.2500 • FAX (714) 834 -2675 ♦ WWW.00RECORDER.COM ♦ WWW.00ARCHIVES.COM
NORTH COUNTY BRANCH OFFICE ORANGE COUNTY SOUTH COUNTY BRANCH OFFICE
HISTORIC DOWNTOWN FULLER TON 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
(7 14 ) 834.2500 • FAX (714) 834 -2675 ♦ WWW.00RECORDER.COM ♦ WWW.00ARCHIVES.COM
Agreement N•
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 ($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 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."
,,1huTVt, V/,°
��.f, 10NAL
cc By w +1fPd.
x SEAT. Steven P. Anderson, Senior Vice President of Washington International Insurance Company 1" SEAL
1979 & Senior Vice President of North American Specialty Insurance Company W
yf?CdluhlfU� By t
David M. Layman, Vice Pr 4dens of Washington 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 autho r ized o111cers IIik2t5t11 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 fr Anderson ,, Senior Vice President of
Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M La f1I'fn,
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. fn p
10 Am 01
A Iy. SIKI,1 4
R I"ttblIr State of Illinois Donna D. Sklens, Notary Public
I, la flrev (ioldbeEg the duly elected Assistant Secfctafy ot'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 21 st day of November 20 14
.Jeffrey Goldberg, Vice President & Assistant Secretary or
Washington bacmatiamd Insurance Company & Noxib American Specialty Insurance Company
Agreement No. 4715
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of CALIFORNIA
County
• . - 1•Z [•1.#'� fir
personally appeared MATTHEW R. DOBYNS
who proved to me on the basis of satisfactory evidence to be the person(s)
whose names) is /afe subscribed to the within instrument and
acknowledged to me that he /she/t" executed the same in his /lief/thei-r
authorized capacity (ies), and that by his /heffflfeiir signatures) on the
instrument the person{), 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.
J%
ry
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)
❑ GUARDIAN /CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
DESCRIPTION OF ATTACHED DOCUMENT
Agreement No. 4715
City of El Segundo
Residential Sound insulation Program
LABOR AND MATERIALS BOND
Bond No. 2183931
Bond Fee: Premium Included in the Performance Bond.
Spec Construction Co., Inc. 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 Fifty-Three Thousand Three Hundred Fifty and 00 /100 dollars ($753,350.00
s
(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.
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 perforn -ante of the work contemplated in the Contract Docutents for
Croup 65 (RS1 14 - 2-3) of the City of El Segundo's Residential Sound Insulation Program
( " "PROiECT�') and Contract 4' l 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 ").
5. 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. 4715
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 21st day of November 2014
Spec Comte °u0pn
By: American Specialty Insurance Company
'NINCIPA .._. SU ETY
r Icy°..
PRINP ' " 's Secretary Matthew R. Dobyns, Attorney -In - 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. 4715
CALIFORNIA ALL-PURPOSE
C E. TIF:CATE OF ACKNOWLEDGMENT
State of California
County of ._ al.�.,Berna ding
2014 before me Heather S I� des„ b$ot�t y Public On December l,.�m �. -.. , a...... �__ ... �._. _.. �.�
(tleic insert name and title of(he officer)
personally appeared )risen DeLa1(tsse
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 /s1w4hep executed the same in his /Itet-Afveir authorized
capacity(ics), and that by his /fier -4heir signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
❑
Individual (s)
'
HEATHER S. REYEsS
WITNESS my hand and official seal.
"„
A h- 64i-��,- I-
4 '
zi
Commission # 2069735
Notary Public - California
San Bernardino County
Comm, lie i s 30 018
..,,,, -. ....... —
(Notary Seal)
❑
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE A "1JACHED DOCUMENT
(Title or description ofatt tlached d „c_ .. .....,_
ocument)
(Title or description of attached document continued)
Number of Pages_ ___ Document Date -
(Additional _-_
(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 wlvw NotaryClasses com
INSTRUCTIONS FOR COMPLETING THIS FORM
An), acknowledgment completed in California nntst contain verbiage exactly as
appears above in the notary section or- a separate acknowledgment fmnr must be
properly completed and attached to that document. the only exception is if a
docinnew is to be recorded outside of Ca1iJbrnia, In such instances, anY ahernative
acknowledgment verbiage as rugv be printed on such a document so long as the
verbiage does not require the notai), to do something that is illegal for a notary in
California (i e. certifying the audtori_ed capaetq, of tire signet) Please check the
document ecnefrdlpfrrr proper notarial wording and attach dris fibrin fr °equired.
• State and County information must be the State and County where the document
signer(s) personally appeared before the notary public for acknowledgment
• Date oh notarization must be the date that the signers) 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 Rims (i e,
he)sheithey is lace ) 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 pennits, otherwise complete a different acknowledgment - form,
• Signature ofthe 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
Agreement No. 4715
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of _.. San. Bernardino
On December 1, 2014 before me, Heather S Reyes, Notary Public
_ ��� ............... m..... _ .— ..
(Heir insert name and title of the officer)
personally ' eared
PP haw Del' a osse
ersonall appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /aVe subscribed to
the within instrument and acknowledged to me that he /she/lhey executed the same in his /her/kheir authorized
capacity(ies), and that by his /hef/lbeir signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
(Title or description of attached document)
(Title or description of attached document continued)
Number of Pages _ _ _ Document Date _ ....
_
(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 corn
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in Calybrnla ntusi contain verbiage exactly as
appew•s above in 1he notary section m- a separate acknowledgment fcn•nr must be
properly completed and attached to that document. The only exception is f a
document is to be recorded outside of California, In such instances, arty aher•rative
acknowledgment verbiage as rngr be printed on such a documenl so long as the
verbiage does not require tire nouny to do somellring that is illegal for a notary in
Califm•nia (Le ce) tVying the amhori_ed c•apaciq' of ripe signer) Please check the
document wording and attach dris firm ifrequired.
• State and County information must be the Stoic 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 ]'brills (i c.
he /she /they,- is /are ) or circling the correct forts. Failure to correctly indicate this
information may lead to rejection ofdocument 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 (his
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.c, CEO, CFO, Secretary).
• Securely attach this document to the signed document
Agreement N•
//
,
,i �
�, j
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, sea] 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 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."
�� 1Fdti r /rte idea
By
j SLAL pppCCCt��777�
Steven P. Anderson, Senior Vice President of Washington international insurance Company � S'�L
4 1979 °' & Senior Vice President or North American Specialty Insurance Company I
���z�nra�llrerlw� "`^� law
By .,
David M. Layman, Vice Preslalenrl of Washington International insurance Company
& Vice President of North American Specialty Insurance Company
IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington Internationale Insurance Company have caused their
1.2
official seals to be hereunto affixed, and these presents to be signed by their authorized <if�l�lrers lbis'��� „�1 "tray of_______...._ �uI_ le '_ ...__......__ .................. 20.
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 le'. 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 resoeetive comoanies.
[Noaq � C1AL ”
ONNA D. S &LENS
Publi c. Sate of Millais 13 w rea I I
ko,vw
Donna D. Sklens, Notary Public
I, lelfrev C "ioldbcl• .lhe duly elected Assistant Secretary ol'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 21st day of November 20 14
Jeffrey Goldberg, Vice President & Assistant Secretary of
Washington International Insw once Company & North Arnerican Specialty Insurance Company
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of CALIFORNIA
County of
On
Agreement No. 4715
before me ERIKA GjjIDQj N TARY 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 /are subscribed to the within instrument and
acknowledged to me that he /sire /they executed the same in his /hef/theif
authorized capacity Oes), and that by his /+ef/theif signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(}
acted, executed the instrument.
ERIKAGUI m
@OO�+MM�M. 20226 71
17 NOTARy pUUI.nc CA��.�FORNIAORANGcUoU V
khuk rhmm. eXolte$ Mey 50 201.7
I certify under PENALTY OF PERJURY under the laws of the State of
California that the foregoing paragraph is true and correct.
WITNESS -hand and official seal.
iff/
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
El TRUSTEE(S)
F-1 GUARDIAN /CONSERVATOR
OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
DESCRIPTION OF ATTACHED DOCUMENT
State of California
County of Orange
Agreement No. 4715
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 A.MERICAN 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 6TH day of January, 2015.
Ht)gh Nguyen, Orange County Clerk- Recorder
Cue-.vc -s
Dulce Cuevas, L)gpt►ty Clerk- 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) 834.2500 ♦ FAX (714) 834.2675 ♦ WWW.00RECORDER.COM • WWW.00ARCHIVES.COM