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CONTRACT 4956 Public Works Contract CLOSEDAgreement No. 4956 PUBLIC WORKS CONTRACT BETWEEN THE CITY OF EL SEGUNDO AND RICHARD SCHULTZ D.B.A. R.E. SCHULTZ CONSTRUCTION SERVICES HILLTOP PARK PLAYGROUND IMPROVEMENT PROJECT NO.: PW 16 -05 This CONTRACT is entered into this 16th day of 'December, 2015, by and between the CITY OF EL SEGUNDO, a general law city and municipal corporation ( "the City ") and RICHARD SCHULTZ D.B.A. R.E. SCH(JI,`1, "f CONSTRLJCTIOI' SERVICES ( "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 one hundred sixtv one thousand seven limidred twentv five DOLLARS and zero cents "161,725.001 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 sixty (60) working days Agreement No. 4956 B. The Contract Time will commence when the City issues a Notice to Proceed. The Contract Documents will supersede any conflicting provisions included on the notice to proceed issued pursuant to this Contract. C. The Contractor may not perform any Work until: . The Contractor furnishes proof of insurance as required by the Contract Documents; and ii, The City gives the Contractor a written, signed, and numbered purchase order and notice to proceed. D. By signing this Contract, the Contractor represents to the City that the Contract Time is reasonable for completion of the Work and that the Contractor will complete the Work within the Contract Time. E. Should the Contractor begin the Work before receiving written authorization to proceed, any such Work is at the Contractor's own cost and risk. 4. DISPUTES. Disputes arising from this contract will be determined in accordance with the Contract Documents and Public Contracts Code §§ 10240 - 10240.13. 5. THIRD PARTY CLAIMS. In accordance with Public Contracts Code § 9201, the City will promptly inform the Contractor regarding third -party claims against the Contractor, but in no event later than ten (10) business days after the City receives such claims. Such notification will be in writing and forwarded in accordance with the "Notice" section of the Contract Documents. As more specifically detailed in the Contract Documents, the Contractor agrees to indemnify and defend the City against any third -party claim. 6. TAXPAYER IDENTIFICATION NUMBER. The Contractor will provide the City with a Taxpayer Identification Number. 7. PERMITS AND LICENSES. Unless otherwise provided, the Contractor, at its sole expense, will obtain and maintain during the Contract Time, all necessary permits, licenses, and certificates that may be required in connection with the Work. 8. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports prepared by the Contractor under the Contract Documents are the City's property. The Contractor may retain copies of said documents and materials as desired, but will deliver all original materials to the City upon the City's written notice. 9. INDEMNIFICATION. The Contractor agrees to indemnify, defend, and hold the City harmless as set forth in the Contract Documents. The requirements as to the types and limits of insurance coverage to be maintained by the Contractor as required by the Contract Documents, and any approval of such insurance by the City, are not intended to and will Agreement No. 4956 not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Contractor pursuant to the Contract Documents, including, without limitation, to the provisions concerning indemnification. 10. INDEPENDENT CONTRACTOR. The City and the Contractor agree that the Contractor will act as an independent contractor and will have control of all work and the manner in which is it performed. The Contractor will be free to contract for similar service to be performed for other employers while under contract with the City. The Contractor is not an agent or employee of the City and is not entitled to participate in any pension plan, insurance, bonus or similar benefits the City provides for its employees. Any provision in this Contract that may appear to give the City the right to direct the Contractor as to the details of doing the work or to exercise a measure of control over the work means that the Contractor will follow the direction of the City as to end results of the work only. 11. AUDIT OF RECORDS. The Contractor will maintain full and accurate records with respect to all services and matters covered under this Contract. The City will have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcript therefrom, and to inspect all program data, documents, proceedings and activities. The Contractor will retain such financial and program service records for at least three (3) years after termination or final payment under the Contract Documents. 12. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows: The City City of El Segundo - Public Works 350 Main Street El Segundo, CA 90245 Attn: John Gilmour The Contractor R. E. Schultz Construction P.O. Box 6 Silverado, CA 92676 Attn: Richard Schultz 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 whom notices are to be given by giving notice in the manner prescribed in this paragraph. 13. NO THIRD PARTY BENEFICIARY. This Contract and every provision herein is for the exclusive benefit of the Contractor and the City and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of the Contractor's or the City's obligations under this Contract. 14. INTERPRETATION. This Contract was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this Contract will be in Los Angeles County. Agreement No. 4956 15. EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity between any provision of the Contract Documents, precedence will be as follows: A. This Contract; B. The Standard Specifications; and C. Precedence of documents as determined in the Standard Specifications. 16. SEVERABILITY. If any portion of the Contract Documents are declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Contract will continue in full force and effect. 17. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Contract and to engage in the actions described herein. This Contract may be modified by written amendment. The City's city manager, or designee, may execute any such amendment on the City's behalf. 18. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will be treated in all respects as having the same effect as an original signature. 19. COVENANTS AND CONDITIONS. The parties agree that all of the provisions hereof will be construed as both covenants and conditions, the same as if the words importing such covenants and conditions had been used in each separate paragraph. 20. CAPTIONS. The captions of the paragraphs of this Contract are for convenience of reference only and will not affect the interpretation of this Contract. 21. TIME IS OF ESSENCE. Time is of the essence for each and every provision of the Contract Documents. Agreement No. 4956 IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. CITY l y Greg City ATTEST: S EG y cr Cr � y APPROVED AS TO FORM: MARK D. HE SLEY, City Attorney By: a! � t--� . K n ,, Assistant City Attorney Insurance Reviewed by: �lv R. E. SCHULTZ CONSTRUCTION Richard Schultz Owner Taxpayer ID No. ,�)3'��Q�s Contractor State License No.: �S 06 Contractor City Business License No.: A Agreement No. 4956 LABOR AND MATERIALS BOND HILLTOP PARK PLAYGROUND IMPROVEMENT PROJECT NO.: PW 16 -05 Bond No. 024064148 Bond Fee:Included in Performance Bond R. E. Schultz Construction y as principal ( "PRINCIPAL ") and The Ohio Casualty 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 one Hundred sixty one thousand seven hundred twenty five DOLLARS and zero cents ($161,725.001, 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 SPECIFICATIONS NO. PW 16 -05 ( "Public Project "), the public works contract executed for such Public Project, and for all work or labor of any kind performed for the Public Project. In the case of any default in the performance of the conditions and stipulations of this undertaking, it is agreed that PRINCIPAL or SURETY will apply the bond or any portion thereof, to the satisfaction of any damages, reclamation, assessments, penalties, or deficiencies arising by reason of such default. BOND CONDITIONS 1. PRINCIPAL will construct the public improvements identified in SPECIFICATIONS NO. PW 16 -05, and the public works contract executed for such Specifications, copies of which is on file with CITY's Engineering Division ( "Public Project "). Such performance will be in accordance with CITY's plans and profiles (CITY DRAWING FILE NO. PW 16 -05), which are made a part of this bond when said plans and profiles are approved by the City Council and filed with CITY's Engineering Division. 2. PRINCIPAL will pay all contractors, subcontractors, and persons renting equipment. 3. PRINCIPAL will pay for all materials and other supplies, for equipment used in, on, for or about the performance of the Public Project, and will pay for all work and labor thereon. Bond No.: ORgrmAY No. 4956 4. This bond is conditioned upon and guarantees due compliance with all applicable law including, without limitation, the El Segundo Municipal Code ( "ESMC "). 5. SURETY, for value received, agrees that no changes, extensions of time, alteration or modification of SPECIFICATIONS NO. PW 16 -05, or of the obligation to be performed will in any way affect its obligation on this bond, and it waives notice of any such change, extension of time, alteration or modification of the contract documents or of the obligation to be performed. 6. This bond consists of this instrument; the plans and specifications identified above; and the following TWO (2) attached exhibits all of which are incorporated herein by reference: A. A certified copy of the appointment, power of attorney, bylaws or other instrument entitling or authorizing the persons executing this bond to do so; and B. A certificate issued by the county clerk for the county in which SURETY's representative is located conforming with California Code of Civil Procedure § 995.640 and stating that SURETY's certificate of authority has not been surrendered, revoked, cancelled, annulled, or suspended, or in the event that it has, that renewed authority has been granted. 7. Should PRINCIPAL perform its obligations within the time allowed, PRINCIPAL's obligation will be void upon the acceptance of the performance by CITY; otherwise this obligation will remain in full force and effect. [SIGNATURES ON FOLLOWING PAGE] Bond No. : 02�W@@fit No. 4956 16th December 15 SIGNED AND SEALED this day of „ 20 R.E. Schultz Construction The Ohio Casu'ty Ipsurance Company o PRINCIPAL" SURETY' Richard E. Schultz, Blake A. Pfister, w n, P r /Prn ri et or 21lf- r%rncv -i n -fart PRINCIPAL's .MAILING ADDRESS: PO BOX 6 S„ 1,vPrmad�C 92676 SURETY's MAILING ADDRESS: c/o Liberty Mutual 790 The City Dr So #200 Orange, CA. 92868 -or- 62 Maple Ave, Keene, NH 03431 NOTE: (1) ALL signatures must be acknowledged by a notary public. Return one (1) original to City Clerk's Office. (2) Bond shall be effective for one (1) year after acceptance of the job. Agreement No. 4956 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies, only the Identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, a urac5, or validity of that document. State of Califomia County of — n r a n p A On December 16, 2015 beforerne, Lianne N,ahina, Notary Public Date Mere Insert Name and Title of the Officer personally appeared Blake A. Pfister Name(s) of Signer(s) Place Notary Seal Above OPTIONAL ----R- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document 'T'itle or Type of Document: Bond 024064148 Document Date: December 16, 2015 Number of Pages: _ _-� Signer(s) Other Than Named Above: e� CapaciWes) Claimed by Signer(s) Signer's Name: B l a k e A. P f i s t e r 0 Corporate Officer — Title(s): © Partner — 0 Limited Ij General Individual N Attorney in Fact © Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: e -a I o a s u a. 7- ,y-Insurance Company Signer's Name: 9 Corporate Officer — Title(s)� 0 Partner — ❑ Limited ® General El Individual 0 Attomey in Fact Trustee O Guardian or Conservator * Other: Signer Is Representing: 02014 National Notary Association • www.NationalNotary.org - 1- 800 -US NOTARY (1- 800 - 876 -6827) Item #5907 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND Phis Powe: of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the ii�r'&M&F11 Q1 %h4 ted. Certificate No... 6751550 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company Attached POWROt oA0T90P4148 KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and WestAmerican Insurance Company is a corporation duly organized underthe laws of the State of Indiana (herein collectively called the "Companies'), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Blake A, Pfister all of the city of DANA POINT state of CA each individually if there be more than one named, its true and lawful attomey -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power ofAttomey has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed therelo lhus - Wit ,_,,,,,• day of _ October 2014 . -ITm , .,- American Fire and Casualty Company The Ohio Casualty Insurance Company Liberty Mutual Insurance Company West,merican Insurance Company By: STATE OF PENNSYLVANIA ss David M. Care Assistant Secretary COUNTY OF MONTGOMERY dOn this 21 st day of October 2014 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and v w Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Insurance Company, and West American Insurance Company, and that he, as such, being authorized so to do, p R execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. m > IN WWI'TNESS WHEREOF'„ I have hereunto subscribed Myriarne and affixed my notarial seal al Plymouth Meeting, Penmsylvania, on the day and year first above writleal. O, " By: & O Teresa Pastella , Notary Public c m This Pover olAttomey is made and execuled otitsuant 16 and by authority of the following Sy -laws and Authorizations of American Fire and Casually Company, The Ohio Casualty Insurance ai + Company, Liberty Mutual Insurance Company, and 'ftslArnehcan Insurance Company Midi resolutions are now In full force and effect reading as follow ARTICLE IV- OFFICERS -Section 12, Power ofAttomey. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject +; to such limitation as the Chairman or the President may prescribe, shall appoint such attomeys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, O ,= acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys -in -fact, subject to the limitations set forth in their respective E y- powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey -in -fact under ,a the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII - Execution of Contracts - SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, > and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys -in -fact, as may be necessary to act in behalf of the Company to make, execute, 0 seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal ofthe Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attomeys -in- fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Gregory W. Davenport, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power ofAttomey executed by said Companies, is in full force and effect and has not been revoked. day of December ..- ...- .......... � ..�. 2t }L5 By. Gregory M W Dave port, Assistant Secretary LMS 12873_122013 477 of 500 Agreement No. 4956 SIVA E OF CAMORNW, DEPMUNIEW OF SAN FRANURK C, e V A I I t h c ) r i t 3 y ll'�� ""I �S' i C� �' �; I,, I n ,�- L lb�!-' w'/O y';J)e "wa)O�O �) ( �" ""' o"', ��)v '�O��n o! ' 'o/�)'�� 'j"o , o"4 0 nub , in-Mino Whn;4hm P,M; a !.&say w "'�r yj Omni M Kom 7 y'n 4n;' "J�� "'a a' 1A w�j � n )' i f'.' d Agreement No. 4956 HUGH NGUYEN CLERK - RECORDER CERTIFICATE OF ADMITTED SURETY INSURER Certificate pursuant to 995.640(a) Code of Civil Procedure State of California'''' County of Orange... ° °" 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 The Ohio Casuafty insrrrir nce Co"IL)an-V 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 18th (lay of Decembe r, 2015. Hugh Nguyen, Orange (trrt er Recorder .. d adia Al t)l ri li, Deputy " Z r A ccorde (Purple Seal) jai ,, P 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.00 RECORD ER.COM • WWW.00ARCHIVES.COM State of California. County of 0' On &W I U 20115 before me, K Notary Public, personally appeared, who proved to me on the basis of satisfactory evidence to be the person( whose name( is /afe subscribed to the within instrument and acknowledged to me that he executed the same in his /� authorized capacity( and that by his /� signature(s) on the instrument the person(&), or the entity upon behalf of which the personal 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. E COMM. # 2097883 NOTARY PUBLIC CALIFORNIA ORANGE My comm. a pj�es Jan. 241, 2019 CHELSEA MAE SVIR Description of Attached Documents: WITNESS my hand and official seal, Chelsea Mae Svir Notary Public, Orange County Commission #2097883 Expires 01 -24 -2019 0 If marked, then attached pages will bear embossment of above notary. Optional: Not required by law, however, may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. NIPPON Signature Authority of Signer: EYIndividual ❑ Corporate Officer(s) (Title) • Partner (Limited or General) • Attorney In Fact • Trustee(s) • Guardian /Conservator • Other Title or type of Document: Number of Pages: Date of Document: Signer(s) other than Named Above: 0 Copyright 2015 California Notary Academy, PO Box. 729, Oakley, California 94561 - www.californianotaryacademy . com (Premium subject to adjustment based on final cg "(Weld$ 4056 Premium: $4,852 Bond No.: 024064148 FAITHFUL PERFORMANCE BOND HILLTOP PARK PLAYGROUND, IMPROVEMENT PROJECT NO.: PW 16 -05 Bond No. 024064148 Bond Fee: $ 4, 8 5 2 R. E. Schultz Construction .- ...... mITITITIT ( "PRINCIPAL ") and The Ohio Casualty Insurance Company ,acorporation incorporated under the laws of the State ofNew 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 one hundred sixty one thousand seven hundred twenty five DOLLARS and zero cents ($16L725.00), , lawful money of the United States, which may be increased or decreased by a rider hereto executed in the same manner as this bond, for the payment of which sum PRINCIPAL and SURETY bind themselves, their successors, and assigns, jointly and severally, by this instrument. PRINCIPAL or SURETY will apply this bond for the faithful performance of any and all of the conditions and stipulations set forth in this bond, SPECIFICATIONS NO. PW 16 -05, and the public works contract executed with such Specifications. In the case of any default in the performance of the conditions and stipulations of this undertaking, it is agreed that PRINCIPAL or SURETY will apply the bond or any portion thereof, to the satisfaction of any damages, reclamation, assessments, penalties, or deficiencies arising by reason of such default. BOND CONDITIONS 1. PRINCIPAL will construct the public improvements identified in SPECIFICATIONS NO. PW 16 -05, a copy of which is on file with CITY's Engineering Division ( "Public Project "). Such performance will be in accordance with CITY's plans and profiles (CITY DRAWING FILE NO. PW 16 -05) which are made a part of this bond when said plans and profiles are approved by the City Council and filed with CITY's Engineering Division. CITY has estimated the required amount of the bond as shown above. 2. PRINCIPAL's work on the Publid Project will be done in accordance with CITY's plans and specifications and with any permit issued by CITY. Should PRINCIPAL fail to complete a]1 required work within the time allowed, CITY may, at its sole discretion, cause all required work to be done and the parties executing the bond will be firmly bound for the payment of all necessary costs therefor. 3. PRINCIPAL will guarantee its work against any defective work, labor, or materials on the Public Project for a period of one (1) year following the Public Project's completion and acceptance by CITY. Agreement No. 4956 Bond No.: 24064148 4. This bond is conditioned upon and guarantees due compliance with all applicable law including, without limitation, the El Segundo Municipal Code (`SSMC "). 5. SURETY, for value received, agrees that no changes, extensions of time, alteration or modification of SPECIFICATIONS NO. PW 16 -05 or of the obligation to be performed will in any way affect its obligation on this bond, and it waives notice of any such change, extension of time, alteration or modification of the contract documents or of the obligation to be performed. 6. This bond consists of this instrument; the plans and specifications identified above; and the following two (2) attached exhibits all of which are incorporated herein by reference: A. A certified copy of the appointment, power of attorney, bylaws or other instrument entitling or authorizing the persons executing this bond to do so; B. A certificate issued by the county clerk for the county in which SURETY's representative is located conforming with California Code of Civil Procedure § 995.640 and stating that SURETY's certificate of authority has not been surrendered, revoked, cancelled, annulled, or suspended, or in the event that it has, that renewed authority has been granted; and 7. Should PRINCIPAL perform its obligations within the time allowed, PRINCIPAL's obligation will be void upon the acceptance of the performance by CITY; otherwise this obligation will remain in full force and effect. [SIGNATURES ON FOLLOWING PAGE] Agreement No. 4956 Bond No.: 024664148 SIGNED AND SEALED this 16th day of December R.E. Schultz Construction The Ohio PRINCIPAL` . °" Richard E. Schultz, Owner /Proprietor PRINCIPAL's MAILING ADDRESS: PO Box 6 i l varacin , QA _76 11 2015 ualty Insurance Company Blake A Pfister, Attorney -in -fact SURETY's MAILING ADDRESS: c/o Liberty Mutual 790 The City Dr So #200 Orenae, CA 92868 -n,r- Maple Ave, Wpanc . NIH ail NOTE: (1) ALL signatures must be acknowledged by a notary public. Return one (1) original to City Clerk's Office. (2) Bond shall be effective for one (1) year after acceptance of the job. State of California County of Orange Agreement No. 4956 HUGS[ 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 The Ohio Casualty Insurance C om an 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 181h day of Deceniber, 2015. Hugh Nguyen, Orange County Cler -Rc order N; dia Al Obaidi Be ut p y Clerk R eco( r. (Purple Seal) Em 'M' 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 Agreement No. 4956 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or others officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Califomia ) County of _. (2,r,. ) On before me, December 16, 2015 Lianne Nahina, Notary Public �,,�„ Date Mere Insert Name and Title of the Offlcer personally appeared Blake A. Pfister Name(s) of Signer(s) ,OFF LIANNE NAHINA ` COMM. # 2134629 X NOTARY PUBLIC-CALIFORNIA X ORANGE COUNTY N MY COMM. EXP. DEC 5.2019 I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph Is true and correct. WITNESS my hand and official seal. SIgnatu �A k e �.. . Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section Is optional, completing this Information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Dmmment Title or Type of Document Bond 0 2 40 64148 Document Date: December 16, 2015 Number of Pages: 3 Signers) Other Than Named Above: N A , N c) n,- CapaC40es) Claimed by Signer(s) Signer's Name: Blake A. P f i s t Pr� 0 Corporate Officer — Title(s): �w ❑ Partner — ❑ Limited ❑ General ❑ Individual -0 Attomey in Fact D Trustee ❑ Guardian or Conservator 11 Other: Signer Is Representing-, e 0 lo C a s u a l nsurance Company Signer's Name: .- _ _ _.. - -. 0 Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General 0 Individual 0 Attomey in Fact ❑ Trustee O Guardian or Conservator 0 Other: Signer Is Representing: 020114 National Notary Association • www.NationalNotary.org • 1- 800 -US NOTARY (1- 800 -876 -6827) Item #5907 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.. 1�',, �tU�� Phis Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the 4 9i0@M@ ekQ— hE�ertr9Ydted. Certificate No. 6751547 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company p POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That America CasualtyLompanyy and e �io Casualty �nsurance Company are corporations duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies "), pursuant to and by authority herein set forth, does hereby name, constitute and appoint,w_wwBlake A, Pfister all of the city of DANA POINT state of CA each individually if there be more than one named, its true and lawful attomey -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons, IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 21st day of October 2014 _.....�_m. American Fire and Casualty Company The Ohio Casualty Insurance Company Liberty Mutual Insurance Company , West American Insurance Company e d r By: STATE OF PENNSYLVANIA ss David M. Carey; Assistant Secretary COUNTY OF MONTGOMERY On this 21st day of _.October 2014 before me personally appeared David M, Carey, who acknowledged himself to be the Assistant Secretary of American Fire and Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Insurance Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed rmy came and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year firr,sst,t above written 13y: - Teresa Pastella , Notary Public This Power of Attorney is made and executed pursuant td and by 'authority of the following By -laws and Authorizations of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, arnilA stA,mO' car Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV– OFFICERS –Section 12, Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attomeys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey -in -fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE All – Execution of Contracts – SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation – The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attomeys-in- fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations, Authorization – By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Gregory W. Davenport, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attomey executed by said Companies, is in full force and effect and has not been revoked. LMS_12873- 122013 December , 201....5 By. Gregory W. Davenport, Assistant Secretary 474 of 500 Agreement No. 4956 DEWOR"MITI, OF NO) SAN IJANCISCX,, G,,,,,,,,r-tificaf:e of,A,,uthont3 Y I "', f rI " r !" , � ( i, ( , f ( I , 6 `, IA ,, 7 i, I J, !in" i, ( � � ", � ��, " I 9 , ',) lt / �, (, ( i), )r ; f (,, / p , i � i 7 (. , , " r. . � L j, J P, oj o i go, i i, - (f i NI, ,fi, W (qf i 1 (0 A ,), OW)r 4 in 1 'pHs (only Ham a ,,W ,R "MouncdITI" Par h lonf,urs PA WnQh Nov v L', Ow Lu ! wW, „v1 l „uji ialPMYl,iMlPUA POI fM, if 'I 1"A ,m, hoos NN r 1,1h,,l,(,rl ty (-,),,6 ud era, (ii, io app,. rof J, "k, I OYU, NOTICE: Qo,bdfic,vk)Tl wA A Ow Som Nl%ll Y 0& Slaw IMM to a0ye,"W" *Momd 4 pmp�y afwu is, vancl.,of th s 0,.Ofi�.aPiu or AAMA, FWWw w do w % M be a % whim of houmnu Qdv Sawm M 1 at O be tev eo oking [ky ('ond1w d AM m, pumum to le cmvomms aW& lu uW Winmr O"MOr W MW ovdlr Oinv� ftlle�uu�d State of California County of On DJTt Ij2(Y ((D 2015 before me, Notary Public, personally appeared, r who proved to me on the basis of satisfactory evidence to be the person(4} whose name( is /;afe subscribed to the within instrument and acknowledged to me that he executed the same in his /i€ authorized capacity( and that by his / i€ signature(44 on the instrument the person(c4, or the entity upon behalf of which the person(44 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. HELSEA CCOMM # 209 - V E SIR 7883 NOTARY PUBLIC CALIFORNIA 3 ORANGE COUNTY My Comm. expires Jan. 24, 2019 WITNESS my hand and official seal. Chelsea Mae Svir Notary Public, Orange County Commission #2097883 Expires 01 -24 -2019 O If marked, then attached pages will bear embossment of above notary. Optional: Not required by law, however, may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. SignatuEq Authority Signer: Individual ❑ Corporate Officer(s) (Title) • Partner (Limited or General) • Attorney In Fact • Trustee(s) • Guardian /Conservator • Other Description of Attached Documents: Title or type of Document: Number of Pages: Date of Document:. Signer(s) other than Named Above: 0 Copyright 2015 California Notary Academy, PO Box 729, Oakley, California 94561 - ww .californianotaryacademy.com Agreement No. 4956 PROPOSAL FOR THE HILLTOP PARK PLAYGROUND IMPROVEMENT PROJECT NO.: PW 16 -05 LVate 090emper do-, _,201'5 Company Name: , COOStYLCtOO TO THE CITY OF EL SEGUNDO: In accordance with the City of El Segundo's Notice Inviting Sealed Bids, the undersigned BIDDER hereby proposes to furnish all materials, equipment, tools, labor, and incidentals required for the above stated project as set forth in the Plans, Specifications, and contract documents therefor, and to perform all work in the manner and time prescribed therein. BIDDER declares that this proposal is based upon careful examination of the work site, Plans, Specifications, Instructions to Bidders, and all other contract documents. Submittal of this bid shall be considered evidence that the BIDDER has satisfied himself regarding the contract documents, access and any other field conditions which may affect bid prices. If this proposal is accepted for award, BIDDER agrees to enter into a contract with the City of El Segundo at the unit and /or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to the City of El Segundo of the proposal guarantee accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE CITY OF EL SEGUNDO RESERVES THE RIGHT TO INCREASE OR DECREASE THE AMOUNT OF ANY QUANTITY SHOWN AND TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and /or lump sum prices bid include all apparent expenses, taxes, royalties, and fees. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. If awarded the Contract, the undersigned further agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within ten working days after the date of the City of El Segundo's notice of award of contract to the BIDDER, including sending by U.S. Mail a Public Works Contract for signature by the Awardee, the proceeds of the security accompanying this bid shall become the property of the City of El Segundo and this bid and the acceptance hereof may, at the City of El Segundo's option, be considered null and void. E UAL EMPLOYMENT OPPORTUNITY COMPLIANCE I -C -1 Agreement No. 4956 BIDDER certifies that in all previous contracts or subcontracts, all reports which may have been due under the requirements of any agency, State, or Federal equal employment opportunity orders have been satisfactorily filed, and that no such reports are currently outstanding. AFFIRMATIVE ACTION CERTIFICATION BIDDER certifies that affirmative action has been taken to seek out and consider minority business enterprises for those portions of the work to be subcontracted, and that such affirmative actions have been fully documented, that said documentation is open to inspection, and that said affirmative action will remain in effect for the life of any contract awarded hereunder. Furthermore, BIDDER certifies that affirmative action will be taken to meet all equal employment opportunity requirements of the contract documents. NONCOLLUSION DECLARATION BIDDER declares that the only persons or parties interested in this proposal as principals are those named herein; that no officer, agent, or employee of the City of El Segundo is personally interested, directly or indirectly, in this proposal; that this proposal is made without connection to any other individual, firm, or corporation making a bid for the same work and that this proposal is in all respects fair and without collusion or fraud. I -C -2 Agreement No. 4956 BID SCHEDULE HILLTOP PARK PLAYGROUND IMPROVEMENT PROJECT NO.: PW 16 -05 Company Name: / ,4 _W.. ITE .. __...... DESCRIPTION UT I QTY PRICE AMOUNT NO. BASE BID ITEMS .... .. . 1 _ . .... _. .. Remove all playground equipment, LS 1 3 Ste, 3�0, including foundations ............. ...... ........................ ............................... _ ........... ............................... . $ $ Remove and place affected picnic benches, 2 grills, and trash cans against fence for LS 1 storage and reuse by city. _...........__...._.. ..........................._.. $ 1200 $ 1-LW � — 3 Remove playground sand down to in -situ SF 4,480 7S 3360t' soil $ . $ ...... ............. .............. Cut down wall to 12" below new subbase 4 bottom elevation. Fill in compacted soil on LF 55 top for receipt of new subbase slab. Provide compaction reports. .......... ............................... _ ................... ...... ... ..... .......................................... $ ............ _._ ...- ................. .- ._..... _ - $ (iOS�I --------------------------- -. Remove wall and foundations against 5 sidewalk. Protect sidewalk and soil support LF 105 in place. _ ___. ..... ..................... ............. ..............................m m................ .........._......_............. Remove concrete slab and soil down to 6 new subbase elevation. Compact and SF 690 provide compaction reports $ $ Z 7&Q Construct 6" wide concrete curb boundary LF 100 to playground __...... ..............._......_........._--..-- ...........-- ...- ............_ ........... .... $ 30, $ 8 Construct 6" wide concrete curb boundary to plavp-round with wee holes ....... LF 65 $ 30 - $ 9 ............ . _ _.._ _.... Fill in playground area and landscape strip 9 with additional soil to bring up to new SF 4,480 elevation. Compact and provide _ l/ 13 �/ o compaction reports. $ $ .... . .............___ - - -__ Plant turf in 10'x80' landscape strip. ... ................... .._................�........... � .�..._... _.........._ � _.�.....�_.. Construct irrigation system and connect to 10 existing system. Relocate other existing LS 1 irrigation system (boxes, valves, piping, C� Off' etc) affected by construction ............ ..................._........... m�.._�... - ... $ $ Install all new playground equipment 11 (equipment provided by city). Construct LS 1 �2 Dc foundations. $ / $ 1 I -C -3a Agreement No. 4956 " �_........._....- ....._ _ 12 bbase slab with #4 SF 4,285 ebartat 4 O.C. both w vs _ � ...... ........ $ $ 7 -3 13 Purchase and construct 3.5" pour -in -place SF 4,285 ..... .�.. ............. rubber playground surface S'! $ / 2•� $ gyp. , . - - -- ..... Cut an opening into wall and handrails for __..... 14 creating turning landing for new walk to LS 1 playground. Retrofit wall and handrails to be ADA compliant when cutting opening. $ $ Construct ADA walkway (2% max 15 landings, 5% max segments) from opening SF 125 in existing ramp to playground $ I f? $ !Z 5n, TOTAL BID ( #1 thru #15) = $ 7 TOTAL BID WRITTEN IN WORDS: p oNt nL)Sf� Se g_,41... h yti/d ....� .. ....5!X k-� h ve- bo I I S cvje,� I -C -3b Agreement No. 4956 BIDDER'S INFORMATION Company Name: W. E. c BIDDER certifies that the following information is true and correct: Form of Legal Entity (i.e., individual, partnership, corporation, etc.) Individual If corporation, State of Incorporation (i.e., California) Business Address _ I. C n 9A.D. _ �__' �...._____-. ..__.._— ........�........�__W_� .-.-.. Telephone No. - (p , Facsimile No. State Contractor's License No. and Class _..J UP 0 Original Date Issued I Expiration Date 1 I The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint venturers, and/or corporate officers having principal interest in this proposal: ............... cr The date of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal is as follows: E All current and prior DBA's, aliases, and/or fictitious business names for any principal having an interest in this proposal are as follows: I -C -4 Agreement No. 4956 BIDDER'S INFORMATION (CONTINUED) Company Name: .. Bidder shall list the name of the person who attended the mandatory pre -bid job walk: Name: C _ ...................._._.._ Title: I -C -5 Agreement No. 4956 IN WITNESS WHEREOF, BIDDER executes and submits this proposal with the names, titles, hands, and seals of all a forenamed principals this --W day of Left)j' ZL, 20_6. BIDDER z--c1t) 4-tjC*e)'k'-) Nchoy6b SLibscribed and sworn to this day h y of ev)qler , 20JE NOTARY PUBLIC ., CHELSEA MAE SVIR �~ ." NOTARY PUBLIC CALIFORNIA My comm. expel Jan. 24, 2019 I-C-6 Agreement No. 4956 Bid Bond No.: 11- 327 -113 PROPOSAL GUARANTEE BID BOND HILLTOP PARK PLAYGROUND IMPROVEMENT PROJECT NO.: PW 16 -05 KNOW ALL MEN BY THESE PRESENTS that, R.E. Schultz Construction ,as BIDDER, and The Ohio C a s u a 1 t I n s u'r a n c e C °, aspS ETY, are held and firmly bound unto the in City of El Segundo, in the penal sum of tenpercen t.of bids DOLLARS ($�, which is ten (10 %) percent of the total amount bid by BIDDER to the City of El Segundo for the above stated project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to the City of El Segundo for the above stated project, if said bid is rejected, or if said bid is accepted and a contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of the City of El Segundo. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this 3rd day of December 20 15 BIDDER* R.E. Schultz Construction 714- 649 -2627 2914 E Katella #102 Oranctie, CA 92867 Lei V Itumem SURETY* The Ohio sualty Insurance Company 714 - 634 -3311 t - 200 Orange,CA92868 Blake A Pfister, Attorney —in —fact Subscribed and sworn to this 2 day of LlTeYVLbeK , 20 . NOTARY PUBLIC *Provide BIDDER/SURETY name, title, address and telephone number and the name, title, address and telephone number for authorized representative. I -C -7 Agreement No. 4956 CAUFOR NNIA AN N.- PUFIPOSE ACKNMNO1iliLEOOMEN+NT CML CODE § 1189 A notary public or other officer completing this ceWcate verifies only the Identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ) On December 1, 2015 beforeme,. Lianne Nahina, Notary Public Date Mere Insert Name and True of the Officer personally appeared Blake A. Pfister Name(s) of Signer(s) w` r. w: � ♦ w. awu .w �.r I certify under PENALTY OF PERJURY under the laws of the State of Cailfomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. S %gnaturp° ��� Signature of Notary Public Place Notary Seel Above OPT7ONAL ----- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Bid Bond 11-327-113 Document Date: December 3, 2015 -.., Number of Pages: 1 Signer(s) Other Than Named Above: N / A , N o n e Capaaity(ies) Claimed by Sigmas) Signer's Name: Blake A. P f i s t e r D Corporate Officer — Title(s): , D Partner — ® Limited Q General ❑ Individual IN Attorney in t=act ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: T h i. Z75-70m-,—y Insurance Company Signer's Name: - - - - -- D Corporate Officer — Title(s):., © Partner — ❑ Limited 0 General D Individual D Attorney in Fact O Trustee ❑ Guardian or Conservator 0 Other: Signer Is Representing: 02014 National Notary Association • www.Nationa]Notary.org - 1- 800-US NOTARY (1 -800- 876 -6827) Item #5907 r-i Z N � Of V y O Gs > ry 7 a 'a O i 60 O 4) C M I— m M 4) E6 � t+ w � 'O M c >m w � Zv THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUNP, AAm Ct n' �q� This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the ker aria t�tneteU9`t- hef�iA§ted. Certificate NO, 6751531 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company A tachedO oA THE -113 KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and WestAmerican Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies "), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Blake A. Pfister all of the city of DANA POINT state of CA each individually if there be more than one named, its true and lawful attomey -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 21st day of October 2014 STATE OF PENNSYLVANIA COUNTY OF MONTGOMERY American Fire and Casualty Company The Ohio Casualty Insurance Company Liberty Mutual Insurance Company West memican Insurance Company B ✓f° ss David M Oareyl, Assistant. Secretary On this 21 st day of October _d 2014 , before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Insurance Company, and West American Insurance Company, and that he, as such, being authorized Soto do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed °rrryraame and affixed nay notarial seal at Plymouth Meeting, Pennsytvania, on the day and year first above written. By Teresa Pastella Notary Public This Power of Attorney is made and executed pursuant 6apad byauthority of the toItowing Sy -laws and Authorizations of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West Ari"n an Insurance Company Wlich resolutions are now in full force and effect reading as follows: ARTICLE IV— OFFICERS —Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attomeys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey -in -fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE All — Execution of Contracts — SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full powerto bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attomeys -in- fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attomey issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Gregory W. Davenport, the undersigned, Assistant Secretary, of American Fire and Casually Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attomey executed by said Companies, is in full force and effect and has not been revoked. LMS „,12873_122013 458 of 500 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of On 12 2- 201 before me„ lK Notary Public, personally appeared, 6 � C rI s ro who proved to me on the basis of satisfactory evidence to be the person( whose name(s) is /a€e subscribed to the within instrument and acknowledged to me that he executed the same in his /i€ authorized capacity( and that by his /4@4the€ signature(s) on the instrument the persons), or the entity upon behalf of which the persons) 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 CHELSEA MAE SVIR COMM. # 2097883 NOTARY PUBLIC CALIFORNO ORANGE COUNTY v My comm. expires Jan. 24, 2019 WITNESS my hand and official seal, 5 9'A Chelsea Mae Svir Notary Public, Orange County Commission #2097883 Expires 01 -24 -2019 O If marked, then attached pages will bear embossment of above notary. Optional: Not required by law, however, may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. Sign tur'. Authority of Signer: Gr Individual ❑ Corporate Officer(s) (Title) • Partner (Limited or General) • Attorney In Fact • Trustee(s) • Guardian /Conservator • Other Description of Attached Documents: Title or type of Document: Number of Pages Date of Document: 12 1 Z/ IS Signer(s) other than Named Above: 0 Copyright 2015 California Notary Academy, PO Box 729, Oakley, California 94561 - www.californianotaryacademy.com Agreement No. 4956 CONTRACTOR'S LICENSE DECLARATION (Business and Professions Code Section 7028.15) 1. BIDDER'S Contractor's License Number is: �- --_ ............ .............................._ Class No.: 2. The expiration date of BIDDER'S Contractor License is: , 20 IS- 3. BIDDER acknowledges that Section 7028.15(e) of the Business and Professions Code provides as follows: "A licensed contractor shall not submit a bid to a public agency unless his or her contractor's license number appears clearly on the bid, the license expiration date is stated, and the bid contains a statement that representations herein are made under penalty of perjury. Any bid not containing this information, or a bid containing information which is subsequently proven false, shall be considered non - responsive and shall be rejected by the public agency." The undersigned declares, under penalty of perjury, that the representations made by the undersigned in this bid proposal are true and correct. Executed on / , 20L5, at Oran (insert City and State where Declaration signed). Signature i Typed Name Title Company Name I -C -8 Agreement No. 4956 NON - COLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID (pursuant to Cal. Pub. Contract Code § 7106) The undersigned declares: I am the of e -_ m� the party making the foregoing bid. WWWm The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder. � I declare under penalty enalt of perjury under the laws of the Stag of California is true and correct and that this declaration is executed ondate], at a that the foregoing � ... .....a_.......f citY], �_[state]." Dated this 09.... day of �rQ M b , 20 Name I -C -9 Agreement No. 4956 WORKER'S COMPENSATION CERTIFICATION Section 1861 OF THE LABOR CODE (Workers' Compensation) Pursuant to Section 1861 of the Labor Code, the BIDDER, in submitting his/her PROPOSAL, shall sign the following certification: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self - insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." Business Name: , c ") Business Address: _° - ewx (0 4��_.......I. t. 6.1.... ..g .... ................. Telephone Number:..` _.- ._.m.m....m m :............................. Dated this _ day of _OMf W) -W 20 ' , I -C -10 Agreement No. 4956 DESIGNATION OF SUBCONTRACTORS HILLTOP PARK PLAYGROUND IMPROVEMENT PROJECT NO.: PW 16 -05 Company Name: U BIDDER will perform the majority of the work and proposes to subcontract certain portions of the work which are in excess of one -half of one percent (1/2 of 1 %) of the bid and to procure materials and equipment from suppliers and vendors as follows: Description of Subcontractor's Portion of Name of Contractor Work Estimated Subcontractor Address License No. Subcontracted $ Amount (Number and Street) (City, Zip Code) Nectr Y-11 ® Y- _ ............. ...... .............................. _ /® tl lqc................................ L__1 ........... ..... .. . . . ... ... . ............................................. ............. ................ ...... ................ _ .................. ...... I -C -11 REFERENCES Company Name: Agreement No. 4956 The following are the names, addresses, and telephone numbers for public agencies for which BIDDER has performed similar work as the prime contractor or major subcontractor within the past five (5) years: I. Project Title: &W g ° ntho Location: Oulver CY Name and address of owner "'�i I Name and current number of person familiar with project I -C -12 3. Project Title: C Location: UMYOIMY-� CA Agreement No. 4956 M Naind and address of owner Name and current uuI 1 - (&U one number of person familiar with project Type of Work: Contract amount: $ Date completed: MaJ4, X01 Amount of work done by my /our firm under contract $ q) Did your firm have any financial interest in Project? TY _ J Y� 4. Project Title: Y Y Location: &nnaq Name and address of owner Name and current telephone number of person familiar with project: Type of Work: Contract amount: $ A _ '3bO Date completed: &ne POIG Amount of work done b m /our firm under contract $_..t-/ Y Y _ . _ . - . ....... _... - ............... Did your firm have any financial interest in Project? tr�IT�IT " 5. Project Title: Hmfaqe Park 4 . ` A P r Location: a [ r �',, - AV. a Ch q ' Name and address of owner Name and current tcl pione number of person familiar with project: I -C -13 Type of Work: fl Agreement No. 4956 Contract amount: $y O Date completed: Noveme Y, jDts- Amount t of work done by my /our firm under contract Did your firm have any financial interest in Project? m ct)r' Bidder may attach additional reference pages if necessary. The following are the names, addresses, and telephone numbers for all brokers and sureties from whom BIDDER intends to procure insurance bonds: I -C -14 Agreement No. 4956 BIDDER'S STATEMENT OF PAST CONTRACT DISQUALIFICATIONS HILLTOP PARK PLAYGROUND IMPROVEMENT PROJECT NO.: PW 16 -05 Company Name: R, E. Cenjl�-vahoq Please state all instances of being disqualified, removed, or otherwise prevented from bidding on, or completing, a federal, state, or local government project due to a violation of a law or safety regulation. Have you ever been disqualified from any government contract? Yes ❑ No C'`, 2. If yes, explain the circumstances: 3. Are you registered in accordance with Labor Code § 1725.5 [Note: failure to register requires the City to reject your bid as nonresponsive]? Yes Ei No ❑ . . . . . . . . . . . ............................ . . .. ........ . ..... . . . .. . ........ . ................................... . .... . .... . . ......... Bidder's Signatu 1 --chtlH Name (Please Print) I -C -15 Agreement No. 4956 INSURANCE REQUIREMENTS [MUST BE SUBMITTED WITH PROJECT PROPOSAL] HILLTOP PARK PLAYGROUND IMPROVEMENT PROJECT NO.: PW 16 -05 Company Name: To be awarded this contract, the successful bidder must procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below: Type of Insurance Limits Commercial general liability: $2,000,000 Business automobile liability: $1,000,000 Workers compensation: Statutory requirement Commercial general liability insurance must meet or exceed the requirements of ISO -CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth above must be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies must be endorsed to name the City, its officials, and employees as "additional insureds" under said insurance coverage and to state that such insurance will be deemed "primary" such that any other insurance that may be carried by the City will be excess thereto. Such endorsement must be reflected on ISO Form No. CG 20 10 11 85 or 88, or equivalent. Such insurance must be on an "occurrence," not a "claims made," basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to the City. Insurer will agree in writing to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by Contractor for the City. Automobile coverage must be written on ISO Business Auto Coverage Form CA 00 0106 92, including symbol 1 (Any Auto). The Consultant must furnish to the City duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement, endorsements as required herein, and such other evidence of insurance or copies of policies as may be reasonably required by the City from time to time. Insurance must be placed with admitted insurers with a current A.M. Best Company Rating equivalent to at least a Rating of "A: VII." Certificate(s) must reflect that the insurer will provide thirty (30) day notice of any cancellation of coverage. The Consultant will require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions. The City requires California Worker's Compensation Coverage with the associated Waiver. Out -of- state coverage will not be accepted in lieu of the California coverage, because the work is being performed in the State of California. By signing this form, the bidder certifies that it has read, understands, and will comply with these insurance requirements if it is selected as the City's consultant. Failure to provide this insurance will render the bidder's proposal "nonresponsive." Date / Bidder's Si patur- I -C -16 To Whom it Concern: Gireat'Westem Park & Playground 0 1q, A ement N©_ 49 5 6 r e i ,�� � w", { v r I d !�1 ✓ i ,y,a; . � 4 , All f� &I " r� �W'"rf °�d� v i S w m .�"'"" J l %M � ZV sum i ,i � �� w op ^Pr f a Ni, �mi ✓ „ lie �,' a'✓"g YY I u I V q r � 4 f V " millll P " y w. ,1 � � "VIII III �nnn niuwu� ,. "I h i IIII�III dd,, y �� (ii �+• '� �.. � misr mm in yuu iL 06 o a i w j 1 L� r iF � i yj i v „ Fi n i F 2 III 4 m PR mpp .. .. .. . . .. .. .. .. . . . .. .. . .. . . 5 ct vl� 4-j 4-j 7� wo-I ct PON* w 0 4-J %11; VI c Agreement Nol co CD 4956 'Lut C=) C co 0 co C) r- 04 m CO 4956 'Lut C=) C co heck A License - License Detail - Contractors State License Board Page 1 of Agreement No. 4956 Contractor's License Detail for License # 755160 DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this nformation, you should be aware of the following limitations. CSLB complaint disclosure is restricted by law (B &P 7124.6) If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and /or legal action information. Per B &P 7071.17 , only construction related civil judgments reported to the CSLB are disclosed. Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. Due to workload, there may be relevant information that has not yet been entered onto the Board's license database. This license is current and active. All information below should be reviewed. Business Information R E SCHULTZ PO BOX 6 SILVERADO, CA 92676 Business Phone Number:(714) 649 -2627 Entity Sole Ownership Issue Date 10/13/1998 Expire Date 10/31/2016 License Status Classifications .... ............................... GENERAL ENGINEERING C6' NTRACTOR Bonding Information Contractor's Bond This license filed a Contractor's Bond with AMERICAN CONTRACTORS INDEMNITY COMPANY. Bond Number: 100191333 Bond Amount: $12,500 Effective Date: 03/26/2012 Contractor's Bond History This license has workers compensation insurance with the STATE COMPENSATION INSURANCE FUND Policy Number:9118707 Effective Date: 11/27/2014 Expire Date: 04/14/2016 Workers' Compensation History Other Personnel listed on this license (current or disassociated) are listed on other licenses. tps://www2. cslb. ca. gov/ OnlineServices/ CheckLicenseII /LicenseDetail.aspx ?LicNum= 755160 10/27/201 California Department of Industrial Relations - Contact DIR Page 1 of 1 Agreement No. 4956 Press Room I Contact DIR I CA,gov F ' % Go to Search Ramie L' Came" WSW "A" Wp1 V' DWWMWS Ofto 840ft Public Works Contractor (PWC) Registration Search This is a listing of current and active PWC registrations pursuant to Division 2, Part 7, Chapter 1 (commencing with section 1720 of the California Labor Code.) Enter at least one search criteria to disptay active registered public works contractor(s) matching your selections. Registration Year: Current Fiscal Year 2016 .... . ,... ... PWC Registration Number: example: 1234567890 Contractor Legal Name: example ABC COMPANY contractor License Lookup License Number: 1755160 County: Select County �! Search W Reset µ V Export as: Excel I PDF Search Results One registered contractor found. 1 Details Legal Name Registration County City Registration Expiration Number Date Date View : RE SCHULTZ 1000005688 ORANGE SILVERADO 06/24/2015 06/30/2016 v2,20150806c https:// efiling .dir.ca.gov /PWCR/Search.action 10/27/2015 heck A License - License Detail - Contractors State License Board Agreement No. 4956 Contractor's License Detail for License # 929912 Page 1 of )ISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this nformation, you should be aware of the following limitations. CSLB complaint disclosure is restricted by law (B &P 7124.6) If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below, Click on the link or button to obtain complaint and /or legal action information. Per B &P 7071.17 , only construction related civil judgments reported to the CSLB are disclosed. Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. Due to workload, there may be relevant information that has not yet been entered onto the Board's license database. Business Information GREAT WESTERN INSTALLATIONS INC 234 FERRO DRIVE VENTURA, CA 93001 Business Phone Number:(435) 245 -5055 Entity Corporation Issue Date 03/17/2009 Expire Date 03/31/2017 License Status �This ....license ....is...current and ... active. . �.. m.. �....... �... � ..................................................... ��.e.. �e�__........ �.. �...._....n_................. �_ w��.. ���.. ��...................... �................... �. �........ ...._.....................�.m�e All information below should be reviewed. C -61 / D34 - PREFABRICATED EQUIPMENT B - GENERAL BUILDING CONTRACTOR Classifications Bonding Information Contractor's Bond this license filed a Contractor's Bond with OLD REPUBLIC SURETY COMPANY, Bond Number: W150129491 Bond Amount: $12,500 Effective Date: 05/16/2012 contractor's Bond History Bond of Qualifying Individual The Responsible Managing Officer (RMO) KYRIOPOULOS JOAN JOHNSON certified that he /she owns 10 percent or more of the voting stock/equity of the corporation. A bond of qualifying individual is not required. Effective Date: 03/17/2009 The Responsible Managing Officer (RMO) KYRIOPOULOS TYLER STEVEN certified that he /she owns 10 percent or more of the voting stock/equity of the corporation. A bond of qualifying individual is not required. Effective Date: 08/07/2013 tps: / /www2. cslb. ca. gov/ OnlineServices/ CheckLicenseII /LicenseDetail.aspx ?LicNum= 929912 12/2/201 heck A License - License Detail - Contractors State License Board Page 2 of Policy Number: IFUB3126M118 Agreement No. 4956 ff' ectie Date: 05/05/2014 XPI re Date: 05/05!2016 orlcers" Compensation W listory Other Personnel listed on this license (current or disassociated) are listed on other licenses. tps: / /www2. cslb. ca. gov/ OnlineServices/ CheckLicenseII lLicenseDetail.aspx ?LicNum--929912 12/2/201 California Department of Industrial Relations - Contact DIR Page I of I Agreement No. 4956 Press Room I Contact DIR I CA gov AS` Go to Search 16=w LahwLaw (,*W$M *0%6400000 Aff"Inf"shAp Public Works Contractor (PWC) Registration Search This is a listing of current and active PWC registrations pursuant to Division 2, Part 7, Chapter 1 (commencing with section 1720 of the California Labor Code.) Enter at least one search criteria to display active registered public works contractor(s) matching your selections. Current Fiscal Year: 2016 Registration Year: : PWC Registration Number: example 1234567890 Contractor Legal Name: I' example: ABC COMPANY Contractor License Lookup 912 License Number: County: �Select County .... .. 11 — - 11 1 -- ................. Search Reset Search Results One registered contractor found. I Details Legal Name View GREAT WESTERN INSTALLATIONS About DIR Who we are DIR Divisions, Boards & Commissions Contact DIR Export as: Excel I PDF Conditions of Use Privacy Policy ; Disclaimer Disability accommodation Site Help Copyright Q 2015 State of California https:Hefiling.dir.ca.gov/PWCR/Search.action 12/2/2015