4276 City of El Segundo Contract Number: 4276
Residential Sound Insulation Program
Residential Sound Insulation Program Contract
between
The City of El Segundo
and
Karabuild Development, Inc.
This Contract is entered into this 21`h day of May, 2012, by and between the City of El Segundo,
a general law city and municipal corporation ("the City") and Karabuild Development, Inc.
("Contractor").
1. Work
A. The Contractor and the City agree to abide by the terms and conditions contained
in the Contract Documents;
B. The Contractor must 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 install all products and provide all services
required of the Contractor by the Contract Documents (the "Work").
C. The Contractor agrees to do additional work arising from changes ordered by the
City in accordance with the Contract Documents.
D. "Contract Documents" means the Notice Inviting Sealed Bids; Instructions to
Bidders; the accepted Bidding Documents; this Contract; Specifications; Plans;
Addenda; Notice of Award; Notice to Proceed; Requests for Information;
Requests for Change Orders; 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 million, three hundred
eighty-three thousand, eight hundred thirty-nine dollars and zero cents ($1,383,839.00) for
the Work in the manner set forth in the Contract Documents. The City may adjust this
amount as set forth in the Contract Documents.
3. Time for Performance
A. The Contractor will fully complete the Work in accordance with the Construction
Schedule (the "Contract Time").
RSI 12-04 (Group 45) 1 Last Modified: May 21, 2012
City of El Segundo Contract Number: 4276
H' Residential Sound Insulation Program
B. City may, but is not required to, allow time extensions or alterations to the
Construction Schedule if Contractor causes a delay in City issuing a Notice to
Proceed.
C. The Construction Schedule will supersede any conflicting provisions included on
the notice to proceed issued pursuant to this Contract.
D. The Contractor must not perform any Work until:
i. The Contractor furnishes proof of insurance as required by the Contract
Documents; and
ii. The City gives the Contractor a Notice to Proceed.
E, 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.
F. 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 Tune, all necessary permits, licenses, and certificates that may be
required in connection with the Work.
RSI 12-04 (Group 45) 2 Last Modified: May 21,2012
City of El Segundo Contract Number: 4276
Residential Sound Insulation Program
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 and hold the City harmless as set forth in the Contract
Documents. The requirements as to the types and limits of insurance coverage to be
maintained by the Contractor as required by the Contract Documents, and any approval of
such insurance by the City, are not intended to and will not in any manner limit or qualify
the liabilities and obligations otherwise assumed by the Contractor pursuant to the
Contract Documents, including, without limitation, to the provisions concerning
indemnification.
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 corrunumeations to either party by the other party will be deemed made when received
by such party at its respective name and address as follows:
C.ltd'.............................................. Contractor ....................
City of El Segundo Karabuild Development, Inc.
RSI Program Attention: Ara Karajerjian
Attention: Josse Welch 17337 Ventura Boulevard
RSI 12-04 (Group 45) 3 Last Modified: May 21, 2012
City of E1 Segundo Contract Number: 4276
Residential Sound Insulation Program
City Hall Encino, CA 91316
350 Main Street
El Segundo, CA 90245
Any such written communications by mail will be conclusively deemed to have been
received by the addressee three (3) days after deposit thereof in the United States Mail,
postage prepaid and properly addressed as noted above. In all other instances, notices will
be deemed given at the time of actual delivery. Changes may be made in the names or
addresses of persons to who notices are to be given by giving notice in the manner
prescribed in this paragraph.
13. No Third Party Beneficiary.
This Contract and every provision herein are for the exclusive benefit of the Contractor
and the City and not for the benefit of any other party. There will be no incidental or
other beneficiaries of any of the Contractor's or the City's obligations under this Contract.
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.
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. Precedence of documents as determined in the Conditions of the Contract.
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.
RSI 12-04 (Group 45) 4 Last Modified: May 21, 2012
City of El Segundo Contract Number: 4276
S , Residential Sound Insulation Program
r
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. Waiver.
Waiver of any provision of this Agreement will not be deemed to constitute a waiver of
any other provision, nor will such waiver constitute a continuing waiver
22. Time is of Essence
Time is of the essence for each and every provision of the Contract Documents.
[Signatures on next page]
RSI 12-04 (Group 45) 5 Last Modified: May 21, 2012
City of El Segundo Contract Number: 4276
Residential Sound Insulation Program
IN WITNESS WHERE OF the parties hereto have executed this contract the day and year first
hereinabove written.
City of El Segundo: Contractor:
A general law city and municipal corporation.
By:
..................... ......------
Gre "'arpei er Ara Karajerjian
City ar ager
Print Name: 00,'�L,Pz
Title:
ATTEST:
By: L
nd Taxpayer ID
I cy--)i(at"fVcr Number
City Clerk
Contractor State
License Number 43 if-�7 0 q e�
Contractor City
Business License
Number
APPROVED AS TO FORM:
MARK D. HENSLEY, CITY ATTORNEY
By: ...........
Karl Ii. Berger,
Assistant City Attorney
RSI 12-04 (Group 45) 6 Last Modified: May 21, 2012
.d`
City of El Segundo
Residential Sound Insulation Program
Executed In Duplicate
FAITHFUL PERFORMANCE BOND
Bond No. 12075454
Bond Fee: $13,071.00
Karabuild Development Inc. ..... , as principal ("PRINCIPAL") and
The Guarantee Companv of North America USA , a corporation incorporated under
the laws of the State of Michigan and licensed by the State of
California to execute bonds and undertakings as sole surety, as surety ("SURETY"), are held and
firmly bound unto the City of El Segundo ("CITY") in the sum of One Million Three Hundred Eighty
Three Thousand Eight Hundred Thirty Nine and 00/100------------dollars ($ 1,383,839.00 ),
(wordi)
lawful money of the United States, which may be increased or decreased by a rider hereto
executed in the same manner as this bond, for the payment of which sum PRINCIPAL and
SURETY bind themselves, their successors, and assigns, jointly and severally, by this
instrument.
PRINCIPAL or SURETY will apply this bond for the faithful performance of any and all of the
conditions and stipulations set forth in this bond, Contract Documents for Group 45 (RSI
12 -04 of the City of El Segundo's Residential Sound Insulation Program ("PROJECT") and
Contract 4276 executed for such Project. In the case of any default in the performance of
the conditions and stipulations of this undertaking, it is agreed that PRINCIPAL or SURETY
will apply the bond or any portion thereof, to the satisfaction of any damages, reclamation,
assessments, penalties, or deficiencies arising by reason of such default.
Bond Conditions
I. PRINCIPAL will construct the improvements identified in the Contract Documents for
the PROJECT, copies of which are on file in the CITY's Residential Sound Insulation
Program offices. Such performance will be in accordance with the requirements of the
Contract Documents which are made a part of this bond by reference.
2. PRINCIPAL's work on the PROJECT will be done in accordance with the requirements
of the Contract Documents for the PROJECT and with permits issued by the CITY.
Should PRINCIPAL fail to complete all required work within the time allowed, CITY
may, at its sole discretion, cause all required work to be done and the parties executing
the bond will be firmly bound for the payment of all necessary costs therefor.
1 PRINCIPAL will guarantee its work against any defective work, labor, or materials on
the PROJECT for a period of one (1) year following the PROJECT's completion and
acceptance by the CITY.
4. PRINCIPAL will pay for all materials and other supplies, for equipment used in, on, for
or about the performance of the Project, and will pay for all work and labor thereon.
Faithful Performance Bond 1 Last Modified:April 22,2009
„ .;, ° City of El Segundo
Residential Sound Insulation Prograin
5. This bond is conditioned upon and guarantees due compliance with all applicable law
including, without limitation,the El Segundo Municipal Code ("ESMC").
6. SURETY, for value received, agrees that no changes, extensions of time, alteration or
modification of the Contract Documents, or of the obligation to be performed will in any
way affect its obligation on this bond, and it waives notice of any such change, extension
of time, alteration or modification of the contract documents or of the obligation to be
performed.
T This bond consists of this instrument; the Contract Documents identified above; and the
following two (2) attached exhibits all of which are incorporated herein by reference:
A. A certified copy of the appointment, power of attorney, bylaws or other
instrument entitling or authorizing the persons executing this bond to do so; and
B. A certificate issued by the county clerk for the county in which SURETY's
representative is located conforming with California Code of Civil Procedure
§995.640 and stating that SURETY's certificate of authority has not been
surrendered, revoked, cancelled, annulled, or suspended, or in the event that it
has,that renewed authority has been granted.
& Should PRINCIPAL perform its obligations within the time allowed, PRINCIPAL's
obligation will be void upon the acceptance of the performance by CITY; otherwise this
obligation will remain in full force and effect.
SIGNED AND SEALED this 22nd day of May t , 0 2
KARABUILD DEVELOPMENT INC. THE GUARANI O
EE NY OF NORTH AMERICA USA
PI�X
CIPAL's Presi cCtt �sl�l�.d 1tE" 'Y's President
N+ LOSINO,Attorney-In-Fact
µ w P I CIPAI. s sec etary° .. . SURETY's Secretary
NOTE: ALL sMnatures must be acknowledged by a notary public.
PRINCIPAL's Mailing Address SURETY's Mailing Address
17337 Ventura Blvd., Suite 216 6300 Owensmouth Ave., 10th Floor
Encino, CA 91316 Woodland Hills, CA 91367
Faithful Performance Bond 2 Last Modified:April 22,2009
2
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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On k before me, ,G ........ .. r....,
personally appeared .�...... �. '�a-y - h� .� � ..... . .�w.� w.r
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1WW within instrument and acknowledged to me that
Los Aal befshre/they executed the same in hisftr/their authorized
2S Copm Ell y 21'1 1015 capacity(ies), and that by his ter/their signature(s) on the
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qy� instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of Oa'fornia that the foregoing paragraph is
true and correct
WITNESS my"h nd ark dbfjfciatl seal.
Signature. ....................'". ul Notwy Public
.,..,. .,...,, Place Notar y Seal Above ......
OPTIONAL .wB:.l,�ce9 I -V
Though the information below is not required by law, it may prove valuable to persons reiing on the document
and could prevent fraudulent removal and reattachment of this form to a�rrorho 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:.---- Signer's Name:,
❑ Individual ❑ Individual
❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑ General r t -. .. [I Partner—El Limited 11 General
[I Attorney in Fact ❑Attorney in Fact
❑ Trustee Top of thumb here ❑Trustee Top of thumb here
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: ❑ Other:
...............................
Signer Is Representing: Signer Is Representing;., w-.........................
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02007 National Notary Association-9350 De Soto Ave,P.O,Box 2402-Chatsworth,CA 91313-2402-www.NationalNotaryorg Item#5907 Reorder:Call Toll-Free 1-800-876-6827
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THE GUARANTEE COMPANY OF NORTH AMERICA USA
Southfield,Michigan
POWER OF ATTORNEY
KNOW ALL BY THESE PRESENTS:That THE GUARANTEE COMPANY OF NORTH AMERICA USA,a corporation organized and existing under the
laws of the State of Michigan,having its principal office in Southfield,Michigan,does hereby constitute and appoint
Shilo Losino,Stephanie H.Shear,Jan-Michelle Rivera
Contractors Best Insurance Services,Inc.
its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of
indemnity and other writings obligatory in the nature thereof,which are or may be allowed,required or permitted by law,statute,rule,regulation,contract
or otherwise.
The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA
USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the
principal office.
The Power of Attorney is executed and may be certified so,and may be revoked,pursuant to and by authority of Article IX,Section 9.03 of the By-Laws
adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31s'day of December,2003.
The President,or any Vice President,acting with any Secretary or Assistant Secretary,shall have power and authority:
1. To appoint Attorney(s)-in-fact,and to authorize them to execute on behalf of the Company,and attach the Seal of the Company thereto,bonds
and undertakings,contracts of indemnity and other writings obligatory in the nature thereof;and
2. To revoke,at any time,any such Attorney-in-fact and revoke the authority given,except as provided below
3. In connection with obligations in favor of the Florida Department of Transportation only,it is agreed that the power and authority hereby given
to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and
construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of
Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety
company of any of its obligations under its bond.
4. In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to
the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner—
Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation.
Further,this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting
duly called and held on the 6th day of December 2011,of which the following is a true excerpt:
RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification
thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and
such signature and seal when so used shall have the same force and effect as though manually affixed.
' µc IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and
its corporate seal to be affixed by its authorized officer,this 23rd day of February,2012.
THE GUARANTEE COMPANY OF NORTH AMERICA USA
STATE OF MICHIGAN Stephen C.Ruschak,Vice President Randall Musselman,Secretary
County of Oakland
On this 23rd day of February, 2012 before me came the individuals who executed the preceding instrument,to me personally known,and being by me
duly sworn,said that each is the herein described and authorized officer of The Guarantee Company of North America USA;that the seal affixed to said
instrument is the Corporate Seal of said Company;that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of
Cynthia A. Takai IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee
Notary Public, State of Michigan Company of North America USA offices the day and year above written.
County of Oakland
My Commission Expires February 27,2018 Q, TL
fl r,l Acting in Oakland County
I,Randall Musselman,Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA,do hereby certify that the above and foregoing is a true
and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA,which is still in full force and effect.
IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this day of MAY 2 2 2012
Randall Musselman,Secretary
42fi • �. �
CALIFORNIA ALL — PURPOSE ACKNOWLEDGEMENT
State of California
County of Los Angeles
On MAY 2 2 2012 before me, JAN MICHELLE RIVERA, NOTARY PUBLIC,
DATE NAME,TITLE OF OFFICER
Personally appeared SHILO LEE LOSINO
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/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf
of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNE nd and official seal
JAN MICHELLE RIVERA
� Comm;ssion# 1939902
"^ Notary Public-California
Los Angeles County
My Comm. Expires Jul'3, 2015
" "9IGN OF NOTARY NOTARY SEAL
pp i
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....
City of El Segundo 4276
i
0 w
Residential Sound Insulation Program
Executed In Duplicate
LABOR AND MATERIALS BOND
Bond No. 12075454
Bond Fee: Included in Performance Bond
Karabuild Development Inc. ...... , as principal ("PRINCIPAL") and
The Guarantee Company of North America USA , a corporation incorporated under
the laws of the State of Michigan 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 Million Three Hundred Eighty
Three Thousand Eight Hundred Thirty Nine and 00/100------------ dollars ($.1,383,839-00 y,
(words)
lawful money of the United States, which may be increased or decreased by a rider hereto
executed in the same manner as this bond, for the payment of which sum PRINCIPAL and
SURETY bind themselves, their successors, and assigns, jointly and severally, by this
instrument.
This bond is conditioned upon and guarantees payment by PRINCIPAL to contractors,
subcontractors, and persons renting equipment; payment by PRINCIPAL and all PRINCIPAL'S
subcontractors for all materials, provisions, provender, or other supplies, and equipment used in,
upon, for or about the performance of the work contemplated in the Contract Documents for
Group 45 (RSI 12 -_P4 of the City of El Segundo's Residential Sound Insulation Program
("PROJECT") and Contract 4276 executed for such Project, and for all work or labor of
any kind performed for the Project. In the case of any default in the performance of the
conditions and stipulations of this undertaking, it is agreed that PRINCIPAL or SURETY will
apply the bond or any portion thereof, to the satisfaction of any damages, reclamation,
assessments, penalties, or deficiencies arising by reason of such default.
Bond Conditions
1. PRINCIPAL will construct the improvements identified in the Contract Documents for
the PROJECT, copies of which are on file in the CITY's Residential Sound Insulation
Program offices. Such performance will be in accordance with the requirements of the
Contract Documents which are made a part of this bond by reference.
2. PRINCIPAL will pay all contractors, subcontractors, and persons renting equipment.
3. PRINCIPAL will pay for all materials and other supplies, for equipment used in, on, for
or about the performance of the Project, and will pay for all work and labor thereon.
4. This bond is conditioned upon and guarantees due compliance with all applicable law
including,without limitation,the El Segundo Municipal Code ("ESMC").
5. SURETY, for value received, agrees that no changes, extensions of time, alteration or
Labor and Materials Bond 1 Last Modified:April 22,2009
City of El Segundo 4 2 7 6 •
Residential Sound Insulation '1' r'-og
"at71
modification of the Contract Documents, or of the obligation to be performed will in any
way affect its obligation on this bond, and it waives notice of any such change, extension
of time, alteration or modification of the contract documents or of the obligation to be
performed.
6. This bond consists of this instrument; the Contract Documents identified above; and the
following two (2) attached exhibits all of which are incorporated herein by reference:
A. A certified copy of the appointment, power of attorney, bylaws or other
instrument entitling or authorizing the persons executing this bond to do so; and
B. A certificate issued by the county clerk for the county in which SURETY's
representative is located conforming with California Code of Civil Procedure §
995.640 and stating that SURETY's certificate of authority has not been
surrendered, revoked, cancelled, annulled, or suspended, or in the event that it
has,that renewed authority has been granted.
7. Should PRINCIPAL perform its obligations within the time allowed, PRINCIPAL's
obligation will be void upon the acceptance of the performance by CITY; otherwise this
obligation will remain in full force and effect.
SIGNED AND SEALED this 22nd day of May .._._._ , 2012 .
KARA UILD DEVELOPMENT INC. THE GUARANT IM ANY OF NORTH AMERICA USA
,By, 1'AL's President W.l,' 's President
SHI .O LEE LOSING, Attorney-In-Fact
IA-
1 11NC'IPAL s Se'N '
a,d ' � � cg°etaa "� SURETY'S Secretary
NOTE: ".ALL signatures must be acknowledged by a notary public.
PRINCIPAL's Mailing Address SURETY's Mailing Address
17337 Ventura Blvd., Suite 215 6300 Owe nsmouth Ave., 10th Floor
Encino, CA 91316 Woodland Hills, CA 91367
Labor and Materials Bond 2 Last Modified:April 22,2009
Cartificate pursuant to 995.640(x)Code of Civil Procadum'
DEAN C', I.OGAN unty Cl(.,,rk of the Counl
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its S P`.O`Ashl ffr�t, ° f" kop ¢i',,klu' `" '+.Off°tb f' V'C'S '��+f'� wId affixed Me seal of
COUNTY CLERK
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California N
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County of
before efi'r.' ..me
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Date Him
s 5 ppri' ia ts l('a tlNe I I lr at prPlc or
personally appeared /e= r �ff p.
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who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the
I'll"040I Ill t1'1111'tnMt�rlt'd 1111l'fna1GllullolIl,trstL-_ within instrument and acknowledged to me that
PATRICE DUPRE he/she/they executed the same in hisAierftheir authorized
X01""POW-# 1326 capacity(ies), and that by hfsfher/their signature(s) on the
�y instrument the person(s), or the entity upon behalf of
My Cow.ExpbW May 27, 2013 which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of Californ " hat the foregoili'g paragraph is
true and correct.
WITNESS my I� w off
N
Place Notary Seal Above Signature __..........'aSiY"gnature of IV.le �ub4c mm
OPTIONAL valuable to e
Though the information below is not required by la may p persons relying on td ocument
and could prevent fraudulent removal and reattachment of this form to another 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: __________ Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑ General 4 t ❑ Partner—❑ Limited ❑ General W r r
❑ Attorney in Fact ❑Attorney in Fact �•
❑ Trustee Top of thumb here ❑Trustee Top of thumb here
❑ Guardian or Conservator ❑Guardian or Conservator
❑ Other: ❑Other:....................................................................................._........
�w ........................................................ ........................................................................................................................................_
Signer Is Representing: ............ Signer Is Representing:
............................................
02007 National Notary Association•9350 De Soto Ave,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotary.org Item#5907 Reorder:Call Toll-Free 1-800-876-6627
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CALIFORNIA ALL — PURPOSE ACKNOWLEDGEMENT
State of California
County of Los Angeles
On MAY 2 2 2012 before me, JAN MICHELLE RIVERA, NOTARY PUBLIC n
DATE NAME,TITLE OF OFFICER
Personally appeared _ SHILL? LEE L4SIN+O -
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/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf
of which the person(s) acted, executed the instrument. Iu
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. JAN MICHELLE RIVERA
Commission# 1939902
Notary Public-California
Los Angeles County
w_ M Comm.E�Ipiree Jul 3,2015
SIG F' RY NOTARY SEAL
I
42y6 . 1 a as dd
THE GUARANTEE COMPANY OF NORTH AMERICA USA
Southfield,Michigan
POWER OF ATTORNEY
KNOW ALL BY THESE PRESENTS:That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the
laws of the State of Michigan,having its principal office in Southfield,Michigan,does hereby constitute and appoint
Shilo Losino,Stephanie H.Shear,Jan-Michelle Rivera
Contractors Best Insurance Services,Inc.
its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of
indemnity and other writings obligatory in the nature thereof,which are or may be allowed,required or permitted by law,statute,rule,regulation,contract
or otherwise,
The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA
USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the
principal office.
The Power of Attorney is executed and may be certified so,and may be revoked, pursuant to and by authority of Article IX,Section 9.03 of the By-Laws
adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31s`day of December,2003.
The President,or any Vice President,acting with any Secretary or Assistant Secretary,shall have power and authority:
1. To appoint Attorney(s)-in-fact,and to authorize them to execute on behalf of the Company,and attach the Seal of the Company thereto,bonds
and undertakings,contracts of indemnity and other writings obligatory in the nature thereof;and
2. To revoke,at any time,any such Attorney-in-fact and revoke the authority given,except as provided below
3. In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given
to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and
construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of
Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee,shall not relieve this surety
company of any of its obligations under its bond.
4. In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to
the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner—
Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation.
Further,this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting
duly called and held on the 6th day of December 2011,of which the following is a true excerpt:
RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification
thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and
such signature and seal when so used shall have the same force and effect as though manually affixed.
IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and
its corporate seal to be affixed by its authorized officer,this 23rd day of February,2012.
THE GUARANTEE COMPANY OF NORTH AMERICA USA
N
STATE OF MICHIGAN Stephen C.Ruschak,Vice President Randall Musselman,Secretary
County of Oakland
On this 23rd day of February, 2012 before me came the individuals who executed the preceding instrument,to me personally known,and being by me
duly sworn,said that each is the herein described and authorized officer of The Guarantee Company of North America USA;that the seal affixed to said
instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of
Cynthia A. Takai IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee
Notary Public,State of Michigan Company of North America USA offices the day and year above written.
County of Oakland
Y My Commission Expires February 27,2018 ��
Acting in Oakland County
I,Randall Musselman,Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA,do hereby certify that the above and foregoing is a true
and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA,which is still in full force and effect.
1040 IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this day of MAY 2 2 2012
Ap
ok
Randall Musselman,Secretary