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CONTRACT 5020 Service Agreement CLOSEDAgreement No. 5020 SERVICES AGREEMENT BETWEEN THE CITY OF EL SEGUNDO AND SOUTH COAST PAINTING INC. FOR CITY LIBRARY EXTERIOR PAINTING PROJECT NO. PW 15 -04 THIS SERVICES AGREEMENT ( "Agreement ") is made and entered into this 31st day of March 2016, by and between the CITY OF EL SEGUNDO, a general law city and municipal corporation ( "CITY ") and South Coast Painting, Inc. ( "CONTRACTOR "). The Parties agree as follows: 1. CONSIDERATION. A. As partial consideration, CONTRACTOR agrees to perform the work listed in the SCOPE OF SERVICES in Exhibit A, attached; B. As additional consideration, CONTRACTOR and CITY agree to abide by the terms and conditions contained in this Agreement; C. As additional consideration, CITY agrees to pay CONTRACTOR on a lump sum basis an amount of $35,600.00 set forth in the attached Exhibit `B," which is incorporated by reference, for CONTRACTOR's services. CITY will pay such amount promptly, but not later than thirty (30) days after receiving CONTRACTOR's invoice. 2. TERM. The term of this Agreement will be from April 4, 2016, to September 4, 2016. The Agreement may be renewed upon mutual consent of the parties. 3. SCOPE OF SERVICES. A. CONTRACTOR will perform services listed in the attached Exhibit A. B. CONTRACTOR will, in a workmanlike manner, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space and facilities, and all tests, testing and analyses, calculation, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by CITY, necessary or proper to perform and complete the work and provide the professional services required of CONTRACTOR by this Agreement. Page 1 of 8 Agreement No. 5020 4. PREVAILING WAGES. A. Pursuant to Labor Code § 1720, and as specified in 8 California Code of Regulations § 16000, CONTRACTOR must pay its workers prevailing wages. It is CONTRACTOR's responsibility to interpret and implement any prevailing wage requirements and CONTRACTOR agrees to pay any penalty or civil damages resulting from a violation of the prevailing wage laws. B. In accordance with Labor Code § 1773.2, copies of the prevailing rate of per diem wages are available upon request from CITY's Engineering Division or the website for State of California Prevailing wage determination at F & ` 'W-1). CONTRACTOR must post a copy of the prevailing rate of per diem wages at the job site. C. CITY directs CONTRACTOR's attention to Labor Code §§ 1777.5, 1777.6 and 3098 concerning the employment of apprentices by CONTRACTOR or any subcontractor. D. Labor Code § 1777.5 requires CONTRACTOR or subcontractor employing tradesmen in any apprenticeship occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate must also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases will not be less than one to five except: i. When employment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days before the request for certificate, or ii, When the number of apprentices in training in the area exceeds a ratio of one to five, or iii. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis state -wide or locally, or iv. When CONTRACTOR provides evidence that CONTRACTOR employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. v. CONTRACTOR is required to make contributions to funds established for the administration of apprenticeship programs if CONTRACTOR employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions. Page 2 of 8 Agreement No. 5020 vi. CONTRACTOR and any subcontractor must comply with Labor Code §§ 1777.5 and 1777.6 in the employment of apprentices. vii. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex- officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. E. CONTRACTOR and its subcontractors must keep an accurate certified payroll records showing the name, occupation, and the actual per diem wages paid to each worker employed in connection with this Agreement. The record will be kept open at all reasonable hours to the inspection of the body awarding the contract and to the Division of Labor Law Enforcement. If requested by CITY, CONTRACTOR must provide copies of the records at its cost. 5. FAMILIARITY WITH WORK. A. By executing this Agreement, CONTRACTOR represents that CONTRACTOR has . Thoroughly investigated and considered the scope of services to be performed; ii. Carefully considered how the services should be performed; and iii. Understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement. B. If services involve work upon any site, CONTRACTOR warrants that CONTRACTOR has or will investigate the site and is or will be fully acquainted with the conditions there existing, before commencing the services hereunder. Should CONTRACTOR discover any latent or unknown conditions that may materially affect the performance of the services, CONTRACTOR will immediately inform CITY of such fact and will not proceed except at CONTRACTOR's own risk until written instructions are received from CITY. 6. INSURANCE. A. Before commencing performance under this Agreement, and at all other times this Agreement is effective, CONTRACTOR will procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below: Tvve of Insurance Limits (combined single) Page 3 of 8 Commercial general liability: Business automobile liability Workers compensation Agreement No. 5020 $2,000,000 $1,000,000 Statutory requirement. B. Commercial general liability insurance will meet or exceed the requirements of ISO -CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies will be endorsed to name City, its officials, and employees as "additional insureds" under said insurance coverage and to state that such insurance will be deemed "primary" such that any other insurance that may be carried by City will be excess thereto. Such insurance will be on an "occurrence," not a "claims made," basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to City. C. Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto). D. CONTRACTOR will furnish to City duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement, endorsements as required herein, and such other evidence of insurance or copies of policies as may be reasonably required by City from time to time. Insurance must be placed with insurers with a current A.M. Best Company Rating equivalent to at least a Rating of "A:VII." Certificate(s) must reflect that the insurer will provide thirty (30) day notice of any cancellation of coverage. CONTRACTOR will require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions. E. Should CONTRACTOR, for any reason, fail to obtain and maintain the insurance required by this Agreement, City may obtain such coverage at CONTRACTOR's expense and deduct the cost of such insurance from payments due to CONTRACTOR under this Agreement or terminate. 7. TIME FOR PERFORMANCE. CONTRACTOR will not perform any work under this Agreement until: A. CONTRACTOR furnishes proof of insurance as required under Section 6 of this Agreement; and B. CITY gives CONTRACTOR a written Notice to Proceed. C. Should CONTRACTOR begin work in advance of receiving written authorization to proceed, any such professional services are at CONTRACTOR's own risk. Page 4 of 8 Agreement No. 5020 8. TERMINATION„ A. Except as otherwise provided, CITY may terminate this Agreement at any time with or without cause. Notice of termination will be in writing. B. CONTRACTOR may terminate this Agreement upon providing written notice to CITY at least thirty (30) days before the effective termination date. C. Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated. D. By executing this document, CONTRACTOR waives any and all claims for damages that might otherwise arise from CITY's termination under this Section. INDEMNIFICATION. A. CONTRACTOR indemnifies and holds CITY harmless from and against any claim, action, damages, costs (including, without limitation, reasonable attorney's fees and penalties), injuries, or liability, arising out of this Agreement, or its performance including, without limitation, damages or penalties arising from CONTRACTOR's removal, remediation, response or other plan concerning any Hazardous Waste resulting in the release of any hazardous substance into the environment, except for such loss or damage arising from CITY's sole negligence or willful misconduct. Should CITY be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of this Agreement, or its performance, CONTRACTOR will defend CITY (at CITY's request and with counsel satisfactory to CITY) and will indemnify CITY for any judgment rendered against it or any sums paid out in settlement or otherwise. B, For purposes of this section "CITY" includes CITY's officers, officials, employees, agents, representatives, and volunteers. C. CONTRACTOR expressly agrees that this release, waiver, and indemnity agreement is intended to be as broad and inclusive as is permitted by the law of the State of California and that if any portion is held invalid, it is agreed that the balance will, notwithstanding, continue in full legal force and effect. D. It is expressly understood and agreed that the foregoing provisions will survive termination of this Agreement. E. The requirements as to the types and limits of insurance coverage to be maintained by CONTRACTOR as required by this Agreement, and any approval of said insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONTRACTOR Page 5 of 8 Agreement No. 5020 pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification. 9. INDEPENDENT CONTRACTOR. CITY and CONTRACTOR agree that CONTRACTOR will act as an independent contractor and will have control of all work and the manner in which is it performed. CONTRACTOR will be free to contract for similar service to be performed for other employers while under contract with CITY. CONTRACTOR is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that may appear to give CITY the right to direct CONTRACTOR as to the details of doing the work or to exercise a measure of control over the work means that CONTRACTOR will follow the direction of the CITY as to end results of the work only. 10. NOTICES. A. All notices given or required to be given pursuant to this Agreement will be in writing and may be given by personal delivery or by mail. Notice sent by mail will be addressed as follows: The City Stephanie Katsouleas Director of Public Works City of El Segundo 350 Main Street El Segundo, CA 90245 The Contractor Bobbie Mantikas Owner South Coast Painting Inc. 28364 S. Western Ave. #465 Rancho Palos Verdes, CA 90275 B, When addressed in accordance with this paragraph, notices will be deemed given upon deposit in the United States mail, postage prepaid. In all other instances, notices will be deemed given at the time of actual delivery. C. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. 11. TAXPAYER IDENTIFICATION NUMBER. CONTRACTOR will provide CITY with a Taxpayer Identification Number. 12. WAIVER. A waiver by CITY of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character. 13. CONSTRUCTION. The language of each part of this Agreement will be construed simply and according to its fair meaning, and this Agreement will never be construed either for or against either party. Page 6 of 8 Agreement No. 5020 14. SEVERABLE. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect. 15. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County. 16. AUTHORITY/MODIFICATION. This Agreement may be subject to and conditioned upon approval and ratification by the El Segundo City Council. This Agreement is not binding upon CITY until executed by the City Manager. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written agreement. CITY's city manager may execute any such amendment on behalf of CITY. 17. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Agreement, agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a 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. EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity between any provision of this Agreement, its attachments, the purchase order, or notice to proceed, the provisions of this Agreement will govern and control. 19. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement. 20. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood, explosion, war, terrorist act, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties' control, then the Agreement will immediately terminate without obligation of either party to the other. 21. ENTIRE AGREEMENT. This Agreement and its one attachment constitutes the sole agreement between CONTRACTOR and CITY respecting lead based stabilization. To the extent that there are additional terms and conditions contained in Exhibits "A" and `B" that are not in conflict with this Agreement, those terms are incorporated as if fully set forth above. There are no other understandings, terms or other agreements expressed or implied, oral or written. Page 7of8 Agreement No. 5020 IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. CITY ` EL SEGUNDO aeeM law . A Greg City ATTEST: Bobbie Mantikas Owner Taxpayer ID No. �(2 - a � a 5y/ s I`racy Wca*, Cy Cicrk" C Contractor State License No.: S912 136 Contractor City Business License No.: 3 9 gbh APPROVED AS TO F RM: V--,-. By. , �" for Mark D. Hensley City Attorney Insurance Reviewed by: Page 8of8 Agreement No. 5020 EXHIBIT A CITY LIBRARY EXTERIOR PAINTING PROJECT PROJECT NO. PW 15 -04 GENERAL SCOPE OF WORK 1. The work to be done consists of furnishing all labor, materials, tools, equipment, BMP implementation, and incidentals for the preparation and painting of the City Library Building. Under this project, the City is seeking qualified contractors to repaint all exterior plaster, stucco, concrete, masonry, wood, and metal building surfaces. Dunn Edwards products or equivalent approved product is specified to be used for this project per manufacturer specifications. Contractor shall supply to Engineer color samples of all surface types and color palates as a submittal for approval by Engineer, prior to commencement of project. Upon approval, Contractor shall meet onsite with Engineer to test paint 1 square foot of each surface type and color palate for approval by Engineer, prior to commencement of project 2. All materials shall be brought to the jobsite in the original sealed containers. Materials' exceeding the manufacturer's recommended storage life shall be rejected. 3. Flammability, toxicity, allergenic properties, and any other characteristic requiring field precautions shall be identified and specific safety practices shall be stipulated. 4. Contractor shall use products of same manufacturer for all costs. LOCATION OF THE WORK 111 W. Mariposa Ave., El Segundo, CA 90245 GUARANTEE A one (1) year guarantee which commences on the date of acceptance against failure of all coatings shall be provided. Failure of any coating during the guarantee period shall be repaired by the Contractor who shall absorb all costs related to the repair of the coating. RIGHT OF REJECTION The Engineer shall have the right to reject all material or Work that is unsatisfactory, and require the replacement of either or both at the expense of the Contractor. PREVAILING WAGE AND DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) SB 854 E l.J1R1,' N4ENTS This project is subject to prevailing wage requirements. Also, the Contractor shall adhere to requirements of Section 1771, 1774 -1776, 1777.5,1813 and 1815 of the Labor Code. 1. No contractor or subcontractor may be listed on a proposal for a public works project unless registered with the DIR pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. 2. No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the DIR pursuant to Labor Code section 1725.5. 3. This project is subject to compliance monitoring and enforcement by the DIR. Agreement No. 5020 EXHIBIT A WORKING DAYS AND TIME FOR COMPLETION 1. Contractor will commence work on date specified in the Notice to Proceed to be issued to the Contractor by City of El Segundo Public Works Department and shall complete work within twenty (20) working days after the date of commencement. 2. Scheduling these projects is of high priority from commencement to completion. The project shall be planned so that exterior painting for one building is begun and completed before moving onto the next. Exterior painting can begin on the Notice to Proceed date agreed to by the Contractor and City staff. Two weeks public notice with signage is required to inform Recreation and Parks Department patrons prior to the front entrances being painted. Workdays and hours are Monday through Friday, 7 a.m. to 4 p.m. unless otherwise coordinated with City staff. Contractor must submit a detailed construction schedule to the City representative for review and approval prior to beginning the project. Alarmed accesses will be enabled and disabled by a City representative and thus requires proper notification and following the schedule. Contractor shall provide prior 24 hour notification to the City representative if a cancellation is expected. 3. Contractor shall not work during the remaining City holidays: Memorial Day Monday, May 30, 2016 Independence Day Monday, July 4, 2016 Labor Day Monday, September 5, 2016 Veteran's Day Friday, November 11, 2016 Thanksgiving Day Thursday, November 24, 2016 NOTIFICATIONS The CONTRACTOR will notify all agencies listed here a minimum of forty -eight (48) hours before start of operation. The following list of names and telephone numbers are intended for the convenience of the CONTRACTOR and the City does not guarantee either the completeness or correctness of this list. OPERATION OFFICE TELEPHONE 1. Start of work, Arianne Bola, Public Works Dept. 310 -524 -2364 shutdown of work, or resumption of work after shutdown 2. Facilities Debra Brighton, Public Library 310 -524 -2730 3. Closing of streets El Segundo Police Department 310 -524 -2200 El Segundo Fire Department 310 -524 -2236 MOBILIZATION Mobilization shall conform to the provisions of Section 9 -3.4 of the Standard Specifications. The scope of work under mobilization includes but is not limited to: Agreement No. 5020 EXHIBIT A 1. Obtaining all required permits 2. Moving on to the site of all Contractor's equipment required for operations 3. Providing on -site sanitary facilities 4. Arranging for and erection of Contractor's work and storage yard 5. Posting all OSHA required notices 6. Submittal of Construction Schedule, Contractor Contact List, and Notices to City staff for City approval 7. Notification of residents and City employees and re- notification for schedule changes 8. Traffic control as required per W.A.T.C.H. manual 9. Coordination as necessary with the building occupants, with utility agencies, street sweeper, and waste hauler to avoid conflicts during project activities 10. Erection of scaffolding and other items to protect the public, to paint 11. Restoration of property to existing standard conditions upon demobilization 12. Removal of all formwork, nails, stakes, excess dried paint, and other construction debris from the project sites. 13. Demobilization Demobilization shall include all activities for the Contractor to remove all equipment, on -site sanitary facilities, etc. from the project areas after construction is complete. Demobilization shall also include general cleanup activities and specific punch list items and cleanup activities determined by the City staff or their representative, to repair or replace any private or public facilities damaged by the construction and return public right -of -way to the same or better condition as that existing prior to construction. MEASUREMENT AND PAYMENT Proposed Bid prices shall be complete for each bid item. All bid items shall cover the costs for all equipment, tools, materials, labor, coordination, mobilization, construction, incidentals, and demobilization activities required for each item. The contract unit price shall include cleanup, as well as restoration of public and private property, if damaged during construction, to the Engineer's satisfaction. Prior to construction, the Contractor shall verify all quantities listed and bring any discrepancies to the Engineer's attention. PROGRESS PAYMENTS AND RETENTION 1. Lump sum items shall be billed on a percentage completed basis. The City reserves the right to request a schedule of values to be submitted by the contractor for any bid item in order to determine payment for work completed. 2. Five percent (5 %) shall be deducted from each progress payment and retained by City until punch list are complete and all permits are signed off by the appropriate City representative. The remainder less the amount of all previous payments will be paid to the Contractor. 3. Payment of all, or any part, of an estimate in writing may be withheld on account of any of the following: Defective work not remedied; third -party claims against Contractor or City arising from the acts or omissions of Contractor or subcontractors; Stop Notices; Failure of Contractor to make timely payments due to subcontractors for material or labor; Damage to the City or other for which Contractor is responsible; Failure of Liquidated damages Agreement No. 5020 EXHIBIT A assessed; Any other failure of Contractor to perform its obligations under the Contract Documents. CONTRACTOR AND CITY BUSINESS LICENSES No bid will be accepted from a Contractor who has not been licensed in accordance with the provisions of the State Business and Professions Code. For these projects, the acceptable license class is "C -33 ". The Contractor and his Sub - Contractors will be required to possess the correct license for their project classifications, as well as a valid Business License from the City of El Segundo. PUBLIC WORKS DEPARTMENT ENCROACHMENT PERMIT The Contractor will be required to apply and obtain applicable "no -fee" encroachment permit from the Public Works Department. The Contractor shall call the Public Works Inspector at least 24 hours in advance for inspections. All noted deficiencies on permits shall be corrected by contractor. The project will not be accepted as complete until contractor obtains a final sign -off for all permits. Agreement No. 5020 EXHIBIT B 310 - 938 -0368 Contact : George Mantikas License# 892130 28364 South Western Avenue #465 Rancho Palos Verdes, CA 90275 South Coast Painting Licenses: South Coast Painting Inc. holds a State of California Contractors state license board C -33 license #892130 South Coast Painting Contact Information: r E -mail: scpainters @sbcglobal.net Bonds: Lesron Insurance Agency 1440 North Harbor Blvd. Suite #610 Fullerton, CA 92835 License # 0792430 Workers Compensation: State Fund 3440 Walnut Avenue Fremont, CA 94538 # 9125712 -2015 General Liability: Orr & Associates Insurance services CA license #OE63493 Expiration date :May 11t, 2016 Automobile Liability: Orr & Associates Insurance Services Agreement No. 5020 EXHIBIT B Project Address: City of El Segundo Public works department Attention: Arianne O. Bola Scope of Agreement: South Coast Painting agrees to furnish all services including, labor, equipment, and materials as specified in the contract for the completion of described project. General Preparation for Interior projects include: N/A for this aroiect Covering all floors to protect from overspray or splatter and dust. Patch any holes in the walls as needed Caulking any areas around trim as needed �, , Cover any plant life around project with burlap sacks Power wash all areas to be painted Scrape off any loose paint Patch any cracks or holes as necessary Agreement dated this 25th day of January, 2016. This agreement will remain in effect for 30 days unless mutually agreed in writing and signed by both parties. Description of work to be completed: Exterior painting of El Segundo library. Spot prime and two coats paint to finish. All products will be Dunn Edwards Any changes to this agreement including additional work required, shall be set forth in writing and signed by both parties before the changes, or additional work is said to be complete. South Coast Painting will take all necessary precautions when it comes to job- safety. South Coast Painting will make all necessary protective arrangements to prevent project operations from damaging the premises or other operations. South Coast Painting will keep all materials and equipment involved for the project stored in appropriate containers or adequately marked and secured locations. Agreement No. 5020 EXHIBIT B South Coast Painting will perform all work in an orderly fashion as to clear work -site from unnecessary debris. All work related trash or clutter will be managed on a daily basis. South Coast Painting will also remove all equipment and materials upon completion of project. Owner will obtain all necessary licenses and or permits required for all or any portion of the work to be completed. South Coast Painting will furnish upon request copies of any certificates and or other documents as evidence of compliance with applicable laws, ordinances, or other regulations from various agencies or departments as needed. South Coast Paintings shall provide appropriate worker's compensation coverage and liability insurance to protect against any South Coast Painting negligence. Project estimated time of completion: 12 working days South Coast Painting shall provide Warranty for all paint and labor against peeling and flaking for the term of one year from the agreement date herein. Warranty excludes any failure of previous coatings. Terms of payment will be agreed as followed: At completion. Total estimate for project will be: Front entrance street side: $7,700.00 Main street side: $9,800.00 Richmond street side: $ 9,200.00 Palmor street side: $8,900.00 The above contract bid has been read and agreed by both parties, signed below to signify award of project. By print:_.. Title: South Coast Paintings By print- 6obbl� Mari fikAS State of Calif rnia License number 892130 date :,_ c� Agreement No. 5020 $890.00 PREMIUM IS FOR CONTRACT TERM AND IS SUBJECT TO ADJUSTMENT BASED ON FINAL CONTRACT PRICE FAITHFUL PERFORI L4NCE BOND CITY LIBRARY EXTERIOR PAINTING PRaJECT NO.: PW 15 -04 Bond No. 390271P SOVIH C. AST PA1N! NG NC, ("PRINCIPAL ") and Iindemiity Company of California a corporation incorporated under the laws of the State of CA and licensed by the State of California to execute bonds and undertakings as sole surety", as surety ("SURETY "), are held and firmly bound unto the CITY OF EL SEGUNDO ( "CITY ") in the stun of IIJMr Five Thousand. fiat %Iundred ar„„($ 5 5 Q, 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 themselvcs, their successors, and assigns, jointly and severally, by this instrument. PRINCIPAL or SURETY wil l apply this bond for the faithful performance of any and all of the conditions and stipulations set forth in this bond, SPECIFICATIONS NO. PW 15-04, and the public works contract executed with such Specifications. In the case of any default in the performancc 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. BOLD CONDITIONS 1. PRINCIPAL will construct the public improvements identified in SPECIFICATIONS NO. PW 15 -04, 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 15-04) 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 Public Project will be done in accordance with CITY's plans and specifications and with any permit issued by CITY. Should PRR'CLPAL fail to complete all required work within the time allowed, CITY may, at its sole discretion, cause all required work to be done and the parties executing the bond will be firmly bound for the payment of all necessary costs therefor. 3. PRINCIPAL will guarantee its work against any defective work, labor, or materials on the Public Project for a period of one (1) year following the Public Project's completion and acceptance by CITY. 1 -E -1 Agreement No. 5020 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 15-04 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 frill force and effect. 1SIGNATURES ON FOLLOWING PAGE1 I -E -2 SIGNED AND SEALED this 4th South Coast Painting_, Inc. PRINCIPAL 'By «' Bobbie Mantikas President & Corp. Secretary day of April PRINCIPAL's MAILING ADDRESS: Agreement No. 5020 -)016. Indemnity Company of California SURETY' Les M. Mantle - Attorney in Fact SURETY's NtA1LING ADDRESS: 28364 South Western Ave. 1465 c/o Lesron Insurance Agency, Inc. Rancho Palos Verdes,CA 902 5 _ro__ 1440 N. Harbor Blvd., #610 Fullerton, CA 92835 NOTE: (1) ALL signatures must be acknowledged by a notary public. Return one ( I ) original to City Clerk's Office. (2) Bond shall be effective for one (1) year after acceptance of the job. 10 A G � lltl 1' DO HEREBY CERIVY THAT — X11 m I C nli m„ I nd b' sold County 1 -E -3 4� Agreement No. 5020 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public cx 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, `r validity of that document. State of California County of ) On before me, , Date Here Insert Name and Title of the Officer personally appeared Las M. Mantle of who proved to I-ne on the basis of satisfactory evidence to be the personK whose nameJ4 isI subscribed to the within instrument and acknowledged to me that he/§�� executed the sarne in or the entity upon behalf of which the person?Aacted, executed the instrurnent. | certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature f totaryPublic Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment oy this form tman unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of 9o0ea: ________SiQner(s) Other Than Named Above: _____ ------- __ Claimed by Sig Signer's Name: ­ Les M. Mantle El Corporate Officer — Title(s): _.. F] Partner — El Limited FE-1 General [] Individual XAttonney in Fact El Trustee O Guardian orConservator [J Other: Signer Is Representing: of California Signer's Name: L]Corporate Officer -- Title(s): [] Partner -- [] Limited [] General i] Individual []Attorney in Fact El Trustee O Guardian orConservator [] Other: Signer Is Representing: @2014 National Notary Association - www.NationalNotary.org - 1-800-US NOTARY (1-800-876-6827) Item#5907 Agreement No. 5020 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263 -3300 KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make, constitute and appoint: •- -Les M. Mantle— as their true and lawful Attorneys) -in -Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety- ship giving and granting unto said Attomey(s) -in -Fact full power and authority to do and to perform every, act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Atlorney(s) -in -Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that a combination of any two of the Chairman of the Board, the President, Executive Vice- President, Senior Vice- President or any Vice President of the corporations be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the attorney(s) named in the Power of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers 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 shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and attested by their respective Secretary or Assistant Secretary this December 1, 2014, By: I Dll� Daniel Young, Senior Vice- President By: Mark J. Lansdon, Vice-President State of California County of Orange R A. N10 OyPA "Y ORgi, COtPO j x OCT c w 10 0 1 9 3 6 OCT. 5 1967 b Cq 1 On December 1, 2014 before me, IT_, � w. Lucille avmond. Notary Public _ m__wwwwwww ..... Date Here Insert Name and Title of the Officer personally appeared Daniel Younq and Mark J. Lansdon �....._. _.._.-.....-M.._._.- Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he /sheAhey executed the same in his/herAheir authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of LLUC LLEE D which the person(s) acted, executed the instrument Commission # 2051945 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is °+ Notary Public - California true and correct Orange County M Comm. Expires fact 1120tD WITNESS my hand and official seal. Place Notary Seal Above Signature cut Raymond, Notary Public CERTIFICATE The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, this 4thday of April, 2016 By. Cassie J. Besistant Secretary ID- 1380(Rev.12114) STATE OF CALIFORNIA AgROAARPNo. 5020 DEPA RT MEN"T"" OF INSURANCE SAN FRANCISCO Amended Certificate of Authority THIS IS TO CERTIFY, That, pursuant to the Insurance Code of the State of California, Indemnity Company of California of Irvine. California, organized under the laws of California, subject to its Articles of Incorporation or other fundamenW organizational documents, is hereby authorized to transact within this State, subject to all provisions of this Certificate, the following classes of insurance: Surety insurance. as such classes are now or may heregfter be defined in the Insurance Laws of the State of California. THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all, and not in violation of any, of the applicable laws and lawful rrquirements made under authority of the laze of the State of California as long as such laws or requirements are in cgict and applicable, and as swA lows and requiremenir now are, or may heregter be changed or amended IN WITNESS WHEREOF, t�ective as of the 10rh play gfJune. 1991, l have hereunto set my hand and caused my official seal to be q iced this 10th day of June. 1991. Fee $77.00 John Garamernfi Wanwr co muro.0 Rec. No. 486211 Filed 10130189 By Victoria S. Sidbury D"y Certircadon 1, the undersigned Insurance Comadmioner of the State of California, do hereby certj fy that I have compared the above copy of Certyl sate ofAuthotiry with the duplicate of original now on fife in my office. and that the same is a full, true, and rorred transcript thereof, and of the whole of said duplicate, and said Certf fuare of Authority is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and caused my o lcial seal to be gffixed Ods 4th day of February, 1993. John Gararnendf Auvm" co mdrrtosa Jesse G. Riven DS-0, Agreement No. 5020 PREMIUM INCLUDED IN PERFORMANCE BOND LABOR AND MATERIALS BOND CITY LIBRARY EXTERIOR PAINTING PROJECT NO.: PW 15 -04 ' . Bond No. 390271P S011TT4 MAST PArMTIN(; TMC as principal ( "PRINCIPAL ") and Indemnity Company of California .a corporation incorporated under the laws of the State of CA and licensed by the State of Cali fomia 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 Tirtv F v Thou nA Six Huqd1td Dollars ($35,600,0D , 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 persaws renting equipment; payment by PRII*•!C'IPAL and all PRINCIPAL'S subcontractors for all materials, provisions, provender, or other supplies, and equipment used in, upon, for or about the performance of work contemplated in CITY LIBRARY E XTERIOR PAINTING PROJECT, SPECIFICATIONS NO. PW 15-04 ( "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 15 -04, and the public works contract executed for such Specifications, copies of which is on file with CITY's Engineering Division ( "Public PrQiect "). Such performance will be in accordance with CITY's plans and profiles (CITY DRAWING FILE NO. PW 1 -5-04), 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. PRIlNCIPAL will pay all contractors, subcontractors. and persons renting equipment. 3. PRINICIPAL 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 1 -F -1 Agreement No. 5020 thereon. 4. This bond is conditionedttpon and guarantees due compliance with all applicable law including, without limitation, the El Segundo Municipal Code ("ES-MC"'). 5. SURETY, for value received, agrees that no changes, extensions of time, alteration or modification of SPECIFICATIONS NO. PW 15-04, 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 ins-,umcnt 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 SLRETY's representative is located conforming with Califomia 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 1 -F -2 SIGNED AND SEALED this 4th day of April PRINCIPAL's MAILING ADDRESS: 28364 South Western Ave., 1465 Rancho Palos Verdes,CA 90275 Agreement No. 5020 2016 Indemnity Company of California SURETY t L es ' 1I antle— Attorney in ct. SURETY's MAILING ADDRESS: c/o 'Lesron Insurance Agency, Inc. 11 Blvd— � 610 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 1 -F -3 Agreement No. 5020 CoMficate pursuant to 995.640(s) Code of I Procedlure DEAN 0 L OGAN w County CWk of t County of t at Se f f6fo i , 'M n for sad u G�gNCPpsl.iFay1H 00 HEREBY G�-r-iTV-Y FHAT ,Pr, �I'�w�j "'sur eb Yn W"��.� t'P ft' CM'1V'4MIS ���ce���`T� ^�m�i4>Ei4P9?. ,n; ✓�, @ �" u�," A1��4e�, w.".s a" �; 9��':, �q�ngm" la�N„ u„ �fl��4a% f�f�' ���, �f�G���"u%�9��a °I0 "71nii °�SI�U� fipb�" )10 ~9ft'���ra. ,Mo �erf��u9 v,�fi 4`Va�� ;uhG U ^��`_> q,�,.oP "�d� di �n;:�w�1iach"', in("movni h N I'll ���P��'�ad�� l �1��6��'1V'� of rllak'al� acp','flumy rta4lj L wens swT%axjerW, mokW, canceW, I &Mltkl4w�, in f s ® I lVdVe It NeU1110 wl may hand n fixed ft mmil of De" CAW* ChW Agreement No. 5020 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, accuracy, or validity of that document. State of California County of Orange On �... .._ _ fore me, Date personally appeared Mary Martignoni — Notary Public Here Insert Name and Title of the Officer Les M. Mantle Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person'(', whose name is subscribed to the within instrument and acknowledged to me that he t executed the same in his authorized capacity „ and that by hi r signatur t4on the instrument the perso or the entity upon behalf of which the personKacted, 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. Signatu Signat f 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 Document Title or Type of Document: ,. . _..— Document Date: Number of Pages: Signer(s) Other Than Named Above. Capacity(ies) Claimed by Signer(s) Signer's Name: Les M Mantle ❑ Corporate Officer — Title(s):�— ❑ Partner — ❑ Limited ❑ General ❑ Individual ® Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: __jRnity_ C�opanr of California Signer's Name: �........,, El Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2014 National Notary Association • www.NationaiNotary.org • 1- 800 -US NOTARY (1- 800 - 876 -6827) Item #5907 Agreement No. 5020 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263 -3300 KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make, constitute and appoint: -• * Les M. Mantle— as their true and lawful Attorney(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety- ship giving and granting unto said Attomey(s) -in -Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attorney(s) -in -Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that a combination of any two of the Chairman of the Board, the President, Executive Vice- President, Senior Vice- President or any Vice President of the corporations be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the atlorney(s) named in the Power of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers 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 shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and attested by their respective Secretary or Assistant Secretary this December 1, 2014. By: f 1:4v Daniel Young, Senior Vice- President �( (� By: Mark J. Lansdon, Vice- President Stale of California County of Orange AND ra'• »'ik'0R4w�°a C tie «N a r OCT. u+ 10 1936 V7 /WA,. 'h�`a OOPANY, Cr O �kP O'1% OCT.5 1967 On Dt3ce u g 1 1,4 before me, _ w. Lucfl1?!jpyMgg0 N,_,otaj Public Date Here Insert Name and Title of the Officer personally appeared Daniel Youna and Mark J. Lansdon Name(s) of Signer(s) 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 /shelthey executed the same in his/herAheir authorized capacity(ies), and that by hislherllheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument LUCILLE RAYMOND Commission 0 2051945 t certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is Notary Public • Californill true and correct, Orange County I« NIX, Comm. Ex 'Ire's Ocl 13„ 2"018 WITNESS my hand and official seal. Place Notary Seal Above Signature I<J u;il _ Raymond, Notary Public CERTIFICATE w� The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, this 4th day of April, 2016 By: Cassie J. Berrisfor , ssistanl Secretary ID- 1380(Rev.12114) No. 5486 STATE OF CALIFORNIA Agreement No. 5020 DEPARTMENT O INSURANCE SAN FRANCISCO Amended Certificate of Authority TIOS IS TO CERTIFY, That, pursuant to the Insurance Code of the State of California, Indemnity Company of California of Irvine. Callfornia, organized under the laws of California, subject to Its Articles of Incorporation or other fundamerad organizational documents. is hereby authorized to transact within this Slate, subject to all provisions of this Certificate, the following classes of insurance: Surety insurance. as such cl=es are now or may here4fter be defined in the Insurance Laws of the State of California. THIS CERTIFICATE is expressly conditioned upon the holder hereof now and herecAer being In full compliance with all, and not in violation of any, of the applicable lows and lawful requirements made under authority of the lava of the State of California at long as such lam or requirements are in effect and applicable, and as such laws and requirements now are, or may hereafter he changed or amended. IN WITNESS WHEREOF, e�euive as of the 10th day q( June. 1991. 1 have herewto set my hand and caused my o8eial seal to be eyed this 10th day oflune, .1991. Fee $77.00 John Garamendi w..mce Conumuw"r Rec. No. 486211 Filed 10130189 BY Victoria S. Sidbury Dq-7 CertiTcadon 1, the undersigned Insurance Corruntmioner of the State of Cakfornia, do hereby cerr6 that 1 have compared the above copy of Certificate of Authority with the duplicate of original now on file in my office, and that the same Is a fill, trace, and correct transcript thereof, anted of the whok of said duplicate, and said Cn rtiflcare of Authorit is now in fid'I force and e,D'ecl. IN WITNESS WHEREOF, I have hereunto su my hand and toured my odlcial seal to be o fixed this Irh day of February, 1993. John Garamendi krvare coandu+u a I r U. Jesse G. Riven D"4