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CONTRACT 4397 Public Works Contract CLOSED Agree ��q�43�� PUBLIC WORKS CONTRACT BETWEEN THE CITY OF EL SEGUNDO AND O'DUFFY BROS., INC. This CONTRACT is entered into this 6th day of March, 2013, by and between the CITY OF EL SEGUNDO, a general law city and municipal corporation ("the City") and O'Duffy Bros., Inc. ("the Contractor"). 1. WORK. A. The Contractor will provide all work required by the Contract Documents (the "Work"). The Contractor agrees to do additional work arising from changes ordered by the City in accordance with the Contract Documents. B. The Contractor and the City agree to abide by the terms and conditions contained in the Contract Documents; C. The Contractor will furnish all of the labor; supplies and materials; equipment; printing; vehicles; transportation; office space and facilities; all tests, testing and analyses; and all matters whatsoever (except as otherwise expressly specified to be furnished by the City) needed to perform and complete the Work and provide the services required of the Contractor by the Contract Documents. D. "Contract Documents" means the Notice Inviting Bids; Instructions to Bidders; Supplementary Instructions to Bidders; Proposal; this Contract; Standard Specifications; Supplementary Conditions; Exhibits; Technical Specifications; List of Drawings; Drawings; Addenda; Notice to Proceed; Change Orders; Notice of Completion; and all other documents identified in the Contract Documents which together form the contract between the City and the Contractor for the Work. The Contract Documents constitute the complete agreement between the City and the Contractor and supersede any previous agreements or understandings. 2. CONTRACT SUM. The City agrees to pay the Contractor a sum not to exceed Ninety Four Thousand, Nine Hundred Thirty Five Dollars and Zero Cents ($94,935.00) for the Work in the manner set forth in the Contract Documents. The City may adjust this amount as set forth in the Contract Documents. 3. TIME FOR PERFORMANCE. A. The Contractor will fully complete the Work within Forty (40) working days (the "Contract Time.") I-D-1 Agreement No. 4397 B. The Contract Time will commence when the City issues a notice to proceed. The Contract Documents will supersede any conflicting provisions included on the notice to proceed issued pursuant to this Contract. C. The Contractor may not perform any Work until: i. The Contractor furnishes proof of insurance as required by the Contract Documents; and ii., The City gives the Contractor a written, signed, and numbered purchase order and notice to proceed. D. By signing this Contract, the Contractor represents to the City that the Contract Time is reasonable for completion of the Work and that the Contractor will complete the Work within the Contract Time. E. Should the Contractor begin the Work before receiving written authorization to proceed, any such Work is at the Contractor's own cost and risk. 4. DISPUTES. Disputes arising from this contract will be determined in accordance with the Contract Documents and Public Contracts Code §§ 10240-10240.13. 5. THIRD PARTY CLAIMS. In accordance with Public Contracts Code § 9201, the City will promptly inform the Contractor regarding third-party claims against the Contractor, but in no event later than ten (10) business days after the City receives such claims. Such notification will be in writing and forwarded in accordance with the "Notice" section of the Contract Documents. As more specifically detailed in the Contract Documents, the Contractor agrees to indemnify and defend the City against any third- party claim. 6. TAXPAYER IDENTIFICATION NUMBER. The Contractor will provide the City with a Taxpayer Identification Number. 7. PERMITS AND LICENSES. Unless otherwise provided, the Contractor, at its sole expense, will obtain and maintain during the Contract Time, all necessary permits, licenses, and certificates that may be required in connection with the Work. 8. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports prepared by the Contractor under the Contract Documents are the City's property. The Contractor may retain copies of said documents and materials as desired, but will deliver all original materials to the City upon the City's written notice. I-D-2 Agreement No. 4397 9. INDEMNIFICATION. The Contractor agrees to indemnify, defend, and hold the City harmless as set forth in the Contract Documents. The requirements as to the types and limits of insurance coverage to be maintained by the Contractor as required by the Contract Documents, and any approval of such insurance by the City, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Contractor pursuant to the Contract Documents, including, without limitation, to the provisions concerning indemnification. 10.INDEPENDENT CONTRACTOR. The City and the Contractor agree that the Contractor will act as an independent contractor and will have control of all work and the manner in which is it performed. The Contractor will be free to contract for similar service to be performed for other employers while under contract with the City. The Contractor is not an agent or employee of the City and is not entitled to participate in any pension plan, insurance, bonus or similar benefits the City provides for its employees. Any provision in this Contract that may appear to give the City the right to direct the Contractor as to the details of doing the work or to exercise a measure of control over the work means that the Contractor will follow the direction of the City as to end results of the work only. 11.AUDIT OF RECORDS. The Contractor will maintain full and accurate records with respect to all services and matters covered under this Contract. The City will have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcript therefrom, and to inspect all program data, documents, proceedings and activities. The Contractor will retain such financial and program service records for at least three (3) years after termination or final payment under the Contract Documents. 12.NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows: The Citv The Contractor Stephanie Katsouleas James T. Duffy Public Works Director President City of El Segundo O'Duffy Bros., Inc. 350 Main St., 24034 Gunther Rd., El Segundo, CA 90245 Romoland, CA 92585 (310) 524-2356 (951) 928-0992 Any such written communications by mail will be conclusively deemed to have been received by the addressee three (3) days after deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. I-D-3 Agreement No. 4397 13.NO THIRD PARTY BENEFICIARY. This Contract and every provision herein is for the exclusive benefit of the Contractor and the City and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of the Contractor's or the City's obligations under this Contract. 14.INTERPRETATION. This Contract was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this Contract will be in Los Angeles County. 15.EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity between any provision of the Contract Documents, precedence will be as follows: A. This Contract; B. The Standard Specifications; and C. Precedence of documents as determined in the Standard Specifications. 16.SEVERABILITY. If any portion of the Contract Documents are declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Contract will continue in full force and effect. 17.AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Contract and to engage in the actions described herein. This Contract may be modified by written amendment. The City's city manager, or designee, may execute any such amendment on the City's behalf. 18.ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will be treated in all respects as having the same effect as an original signature. 19.COVENANTS AND CONDITIONS. The parties agree that all of the provisions hereof will be construed as both covenants and conditions, the same as if the words importing such covenants and conditions had been used in each separate paragraph. 20.CAPTIONS. The captions of the paragraphs of this Contract are for convenience of reference only and will not affect the interpretation of this Contract. 21.TIME IS OF ESSENCE. Time is of the essence for each and every provision of the Contract Documents. I-D-4 Agreement No. 4397 IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. C CIT E GUN O'Duffy Bros., Inc. Ja'T BYA, r, Duffy, Preside t' Gre arpe er Cit 6 ianager BY ATTEST: Tax payerlD No 33-0902694 Tr#yWea�v er, City+ CleiMk Business License No.: Application filed 03/07/2013 Copy of city receipt attached APPROVED T MARK D. H S Attorney By: — —------- Karl H. Berge,/ Assistant City' torney I-D-5 Agreement No. 4397 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of .Riveraidn [)n baforeme, Stephanie D. Montague Notary Public -- --- oam �� ---- w,mwsvi t Name and Title Of ifi�Yicer - personally appeared _��os T. Duffy who proved to me on the basis of satisfactory evidence to be the person(s) vvhoon name(s) is/are subscribed tothe within instrument and acknowledged to mm that ho/she/thoy executed the same in hia/her/theirauthoriznd STEPHANIE 0,MONTAGUE napaoih/(ien)' and that by his/her/their signature(s) on the e'r instrument the peraon(n), or the entity upon behalf of NOTARY PUBLIC-CALIFORINIIA RIVERSIDE COUNTY which the person(s) antnd, executed the instrument.~~9?Q °~~��--~--'-^-^-~--~--� | certify under PENALTY OF PERJURY under the |mwa My Comm.Expires June 18,2013 of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and ffi Signature,.... _., - p/�owm"�n°u//wo� � '___' ��TI��N�� Though the information below is not required by law, it may prove valuable to persons relying on the doomnem/ and could prevent fraudulent removal and reattachment of this form to another document. Description mf Attached Document Title or Type ofDocument: Document Date: - ____ ___ Number of Pages: 8igner(s) Other Than Named Above: __none Claimed by Signer(s) Signer's Name: _Jam2sT. Duffy ____ Signer's Name: _____ O Individual El Individual U Corporate Officer--Tit|o(s)� _ U Corporate Officer--Titlo(4: O Partner—O Limited U General U Partner—O Limited O General O Attorney inFact O Attorney inFact U Trustee -,------ � El Trustee Top of thumb here U Guardian orConservator O Guardian orConservator O OMhor O CVhe/:__ Signer|aRapmoonting:____ Signer|oRepresenting: ______ � ______ 02007 National Notary Association-9350 De Soto Ave.,RO.Box 2402-Chatsworth,CA 91313-2402-www NationalNotaryorg Item#5907 Reorder:Call Toll-Free 1-800-876-6827 Agreement No. 4397 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT xw � a"' _.4r .r` `�5,c`'x:„��.'C'ni i.,�u"2. z/^/^,KXI(X .6.r",✓Mai?.,' "�r:ks�'' h,r'" "'','x x.:hw"^.,r' �t'�i^ 'hk:'M .,i»'».,r4e"",."'w"'°c State of California County of Riverside................... _ ,........................................ On Date before me ut l,r , i l'kniui :ia fl iaL±° OTPd ei personally appeared Nicholas Duffy ,�,��xrxrxrgr�uN lalrt..ryi....,) 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 -TE A 1 D �TAGU he/she/they executed the same in his/her/their authorized COMM #18546,52 capacity(ies), and that by his/her/their signature(s) on the NOTARY PUBLIC-CAL ORNIA instrument the person(s), or the entity upon behalf of R iVERSIDE COUNTY My Comm,Expires june 18,2013 which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and ficial seal. Place Notary Seal Above Signature J7i ra;x,xurrP OPTIONAL ...... . -- ___- Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: none Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Namo: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): _ ❑ Corporate Officer—Title(s): ..._ ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑General ❑ 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;.. ... .,._ .- - . �9N�14.;�`v(7" '.+"ti-�v"9"'�.� ©2007 National Notary Association•9350 De Soto Ave„P.O.Box 2402-Chatsworth,CA 91 31 3-2402-www.NationalNotary.org Item#5907 Reorder:Call Toll-Free 1-800-876-6827 STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATION, Agreement No. 4397 DIVISION OF OCCUPATIONAL SAFETY AND HEALTH No: 2013-904981 ANNUAL PERMIT Permit Issued To (Insert Contractor/Project Administrator's Name,Address and Telephone No.) No.. O'Duffy Construction Date 2/7/2013 Attn: Safety Mgr or James Duffy Region 3 24034 Gunther Rd Romoland CA 92585-9760 District 3 Tel. (909) 383-4321 51)928-0992 Type of Permit T1-ANNUAL TRENCH/EXCAVATION Pursuant to Labor Code Sections 6500 and 6502,this Permit is issued to the above-named employer for the projects described below. State Contractors License Number 647025 Permit Valid through February 07, 2014 Description of Project Location Address City and County Anticipated Dates _Starting Completion Various Conditions of Issuance: Statewide Feb 7, 2013 Feb 07, 2014 I This Permit is issued upon the following conditions: 1. That the work is performed by the same employer. If this is an annual permit the appropriate District Office shall be notified, in writing, of dates and location of job site prior to commencement. 2. The employer will comply with all occupational safety and health standards or orders applicable to the above projects, and any other lawful orders of the Division. 3. That if any unforeseen condition causes deviation from the plans or statements contained in the Permit Application Form the employer will notify the Division immediately. 4. Any variation from the specification and assertions of the Permit Application Form or violation of safety orders may be cause to revoke the permit. 5. This permit shall be posted at or near each place of employment as provided in 8 CCR 341.4 i Received From James Duffy ... Reel .. By Investigated by Permit Unit . .... . . Saf- ine. Date y ❑ Cash Amount Date AD14stftatManage 2/7/2013 Approved b Check 3638 $100.00 2/7/13 r/Permrt Unit Date Agreement No. 4397 FAITHFUL PERFORMANCE BOND MARIPOSA AVENUE STORM DRAIN u i ru � i s ip i i i �C/Fi 1f °i,i �T'fj' )N '4. ..:, (MARYLAND ST.TO CENTER ST.) 0�[l PROJECT NO.: PW 12-06 r ISSUED IN TWO ORIGINAL COUNTERPARTS Bond No. 801930P COUNTERPART NO. -i— OF _2- Bond Pee: PREMIUM: $2,374.00 o'DIaFFY BRO , INC. ("PRINCIPAL') and _.Developers Surety and I.ndef��u t:y Company ,a corporation incorporated under the laws of the State of Iowa 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 CI=EL aECLNNDO("CITY')In the sum of Ninety Four Thousand. ie Hundred Thlriv Five Cellars and'Zero Cents ( %03s.0ti , which is a minimum one hundred percent(100%)of the contract arnount,lawful money of the United States,which maybe increased or decreased by a rider hereto executed iri thesame manner es thls bond,forthe paymant of which sum PRINCIPAL and $I)RETY bind themselves, their successors, and assigns, jointly and severally,by this instrument. PRINCIPAL or SURETY will apply this brand for the faithful performance of any and all of the conditions and stipulations set forth in this bond,SPECIFICATIONS NO.PW 12.06,and the public works contract executed with such Specifications.In the case of any default in the performance of the conditions and stipulations of this undertaking, it is agreed that PRINCIPAL or SURETY will apply the bond or any portion thereof, to the satisfaction of any damages, reclamation, assessments,penalties,or defiolencies arising by reason of such default. BOND CONDITIONS 1. PRINCIPAL will construetthe public improvements identified in SPECIFICATIONS NO.PW 12-06, 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. )which are made a part of this bond when said plans and profiles are approved by the City Council and filed with CITY's Engineering Division. 2. PRINCIPAL'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 PRINCIPAL fail to complete all roquired 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. & PRINCIPAL will guarantee its work against any defective work,labor,ormaterlals on the Public Project for a period of one (1) year following the Public Project's completion and acceptance by CITY. ePoaak4tN40-P(91"IPW Fa�hfulPerfomanceAon4(!foal Agreement No. 4397 4. This bond is conditioned upon and guarantees due compliance with all applicable law including,without limitation,the Ei Segundo Municipal Code ("ESMC"). 5. SURETY,far value received,agrees that no changes,extensions of time,alteration or modification of SPECIFICATIONS NO. PW 12-06 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 modifioation of the contraot documents or of the obligation to be performed. S. 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 cleric for the county in which SURETY's representative is located conforming with Callfornia Code of civil Procedure§995.640 and stating that SURETY's certificate of authority has not been surrendered,revoked,cancelled,an 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, PNINCIPAL's obligation will be void upon the acceptance of the peftrmance byCITY,otherwise this obligation will remain in full force and effect. SIGNED AND SEALED this 13th day of March 20 13 O'Duffy Bros., Inc. urety and Indemnity Company By: M PRIN�IIPAL's PRESIDENVT SUR Y's a. `, T A°r°ToW&Y-IN-VACT By: �w 1,Ar Yiw',, ., I LTul:K Cladding PRINCIPAUs SECRE ARY ETY's Sy^° PRINCIPAL's MAILING ADDRESS., SURSTY'a MAILING ADDRESS. o'Duffy Bros., Inc. Developers Surety and Indemnity Company 24034 Gunther Rd. 17771 Cowan, Site loo Romoland, CA 92585 Irvine, CA 92614 - NOTE: (f) ALL signatures must be acknowledged by a notary public. Return two(2)originals to City Cierles Office. (2) Bond shall be effective for one(1)year after acceptance of the Job. BvaF+beaoro—Pra)eEIaPW Ka�fulra+omanve9o�I�N7) Agreement No. 4397 Cerfificate pursuent to 995.640(a)Code of C10 Prftvdure DEAN C LOGAN County Clerk oft County of—— i 5 J.-Ar.de -QQ,3xL 4— ,State of Cafifei,nia,in and for said County DO HEREKY CERTIFY THAI' 4 iui"- n :I U hmtea-ceweitificate of aothorifv 'is anadwlfled surely issued by Vw California Insurance wsurerto%an6 ac suwty msuranw, in the State of Gafifornna ane mm Dasec oo lie recurozi snows m me Ueparan:w of Wwrance websnt;` alaw autnuray nas ow c surrewered,f,evopwa,canceiao, annuflea,or suspeflow..] to TesUmony Wt r' BMxed the seai of -said County cn, ny nano ana COUNTY CLERK Deplaty County Cle BY M. BROOKS Agreement No. 4397 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY ISSUED IN Two ORIGINAL COUNTERPARTS INDEMNITY COMPANY OF CALIFORNIA COUNTERPART NO. OF PO Box 19725,IRVINE,CA 92623 (949)263-3300 BOND NO. 801930P KNOWALL BY THESE PRESENTS that except as expressly limited,DEVELOPERS SURETYAND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each hereby make,constitute and appoint: ***Kenneth A.Coate,Julia B.Gladding,jointly or severally*' 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 Attorney(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 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 November 16,2012. � Ff„pPw1p X X By: M AND 7trA . R��A,fp✓''O Daniel Young,Senior Vice-President .^`" GO OCT. OCT 'c �d �. "pro B re N.0 ice-President s° 5 f 3 p w 7 Y uu 196 99 * W, 0 State of California County of Orange aXrrr''w On November 16,2012 before me, Anton;o J,nr2d,9,Notary Public Date Here Insert Name and Title of the Officer personally appeared Daniel YoMpi and Gregg N Okura.... 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 ANTONIO ALVARADO capacity(ies),and that by histher/their signature(s)on the instrument the person(s),or the entity upon behalf of COMM.#1860643 which the person(s)acted,executed the instrument. NOTARY PUBLIC CALIFORNIA I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is ORANGE COUNTY r true and correct. My comm.eVires Ate.B,2013 "° " ' " * " v "' WITNESS my hand and official seal Place Notary Seal Above Signature_.'r-r-r-r-r- rlrlr I . __ —6 V Antonio Alvarado,Notary Public CERTIFICATE The undersigned,as Secretary or Assistant Secretary of DEVELOPERS SURETYAND 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 13th day of March , 2013 BY:. Mark J.Lansdo............ s........ ta n,Assistant Secretary ID-1380(Rev.11/12) Agreement No. 4397 CA1.111FORINIA AL11 PURPOSE ACKNOWLEIDGKIENT State nfCalifornia county of Riverside _________ MAR"� '` � 3 2013 before me, Stephanie D. M Date *&6 v��Narne and Title WOWWWW --- —^ personally appeared _ who proved 1omaon the basis nf satisfactory evidence tu be the pe/aon(s) whose namef ie/m subscribed tothe ME WSTEPHANIE D,MONTAGUE within instrument and acknowledged to me that COMM.#1854652 h-e/ ho/4'�_—*exeou1odthooamein4�9/heo/tbneiruuthorizad OTARY PUBLIC-CALIFORNIA oapaoi1yK&-�)' and that by his/hanAh*izraignaiuno(s)'nn the PJVIERSIDE COUNTY My Com.Expk"June 16,2013 instrument the person(s), or the entity upon behalf of which the person(-s) aoted, executed the instrument. l certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand ap,4 ON ia ,seal, Place Notary a�� Signature_ PubHo ______,NotaTy OPTIONAL Though the information below is not required»y law, xmay prove valuable to persons relying vn the document and could prevent fraudulent removal and reattachment vfthis form manother document. Description mf Attached Document Title or Type of Document: ____ Document Date: Number of Pages: _____ Gignar(o) Other Than Named Above: Capasity(�ms) Clainmed by SUgmer(s) Signer's Name: Julia B. G7addin Signer's Namo�____________ O Individual U |ndividua/ U Corporate Officer--TiUe(o): � O Corporate Officer--7lt|u(o):_______________ U Portnar--ULimiVad OGnnens| UPertner--ULimited OGonom| NJ Attorney in Fact O Attorney in Fact U Trustee '"'~'"'"'''"''"'° El Trustee Top mm«m»here O Guardian nrConservator U Guardian orConservator U Other: O Othor___ Signer/a Representing, Signer/a Representing: _-______- 02007 National Notary Association-9350 De Soto Ave,P.O,Box 2402-Chatsworth,CA 91313-2402-www.NationalNotaryorg Item 45907 Reorder:Call Toll-Free 1-800-876-6827 � Agreement No. 4397 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of y,e,sido On MAR 14 2013— before ma' - St��hanie D. Montague, Notur Public ----- uwlm — T0 5ms*t Name and rm�@m6 dmo°, personally appeared James T. Duffy-- �� ...... �� who proved to meonthe basis of satisfactory evidence h) bathe person(s) whose name(s) is/are subscribed hmthe within instrument and acknowledged to ma that he/sha/thny executed the same in hia/heoYhniruuthorized COMM.#J854652 oapanity(ioo)' and that by hio/henYhnireigna1ure(e) on the NOTARY PUBLIC:. '° instrument the pemnn(e), or the entity upon behalf of RIVERSIDE COUNTY A MY Qoom Expke «»m & which the peraon(e) acted, executed the instrument. | certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ^ WITNESS al seal. Signature — p/amwvw�amyxm�v �mm�vp�� - OPTIONAL �_ _' Though the required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment m this form m another document. Description of Attached Document Title or Type of Document: Document Dato: Number of Pagoa�__ Signer(s) Other Than Named Above: none Claimed by Signer(s) Signer's Numo:_Ja,mes,,_T. Duffy - Signer's Namo:_ U Individual El Individual O Corporate Officer--Titla(s): O Corporate Officer--Titla(4�____ F] Partnor—U Limited O General U Partner—O Limited O General U Attorney in Fact SEEM O Attorney|n Fact 10-M M- El Trustee '~------ El Trustee Top of thumb here O Guardian or Conservator O Guardian orConservator O [thec __ U Othor_—_______ __ ___ _____ Signer |nRepresenting: Signer|a Representing: ________- _-__ ... .............. _ ......... .... ...... __- @20m National Notary Association-93ono°Soto wm,eoBox 2402^oh°*wo,m.ox91313-2402^°w°wm/"n"/wm"�"rg Item#5907 Reorder:Call Toll-Free,'vvn-ro'oo27 Agreement No. 4397 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT +��.`��:�"��c, �C,��;n,�,a,^a;�„a�c"�„��•`�:.�.-"`"�',�""i,'^S".��:��""Y��:�ar�.`�"r�.��r." �.+�?.�"�':'�1,?w�"�e�" ��"�"�"��.i�"��{"°�r"'�'��`^�r�.?rw�:^'r"t.rti`�.�4a�„��",a�. �a�^"vfu"C^��Y`rse�".4a~""'"m�'�:��' State of California County of Riverside On MAR 1.4 2013.............. before me, SA P.ha..�.J,&,,,_P:......Mp, a.gpu Gr�,No,_r to Lbl -p..;..................................................... ........___.._, personally appeared Nicholas Duff",y Crldaw'nrr�;�l wad Sbr7r'ti�'arl^*'� 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 STEPHANIE capacity(ies), and that by his/her/their signature(s) on the COMM.#1854652-CALIFORNIA instrument the person(s), or the entity upon behalf of IE NOTARY PUBLIC-CA ORNIA which the person(s) acted, executed the instrument. RIVERSIDE COUNTY My qwm Expret June 18,2013 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 ffioi l seal. Signature k i NAinc..,i.;r•Ga�aFy..la,.I .DIo., ........._ Place Notary Seal Above :�"" ty -- _ OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages:' .............................. Signer(s) Other Than Named Above; ,,,,,,,,,,,,,,,,,,none Capacity(ies) Claimed by Signer(s) Signer's Name: Name:, ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ..................,. ❑Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General 11 Partner—❑ Limited [I General ❑ 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: , ^;"ny„,,+".,�" „" ..7s'"�_^"•:.•,,". ' " , 0,mow''7rr°"r",.„ T.'!= ,7 :'.".firw ,:d":C,,"rX^w'"""wni .. ti�°.r"%?'w.�+E',,.;' . ,, '"' ' r v` reati"4'_l';a°sr` r''."w'`'"._'."-.'w',+ "�'.„".'"i, 'n a^X 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 1-800-876-6827 Agreement No. 4397 LABOR AND MATERIALS BOND MARIPOSA AVENUE STORM DRAIN (MARYLAND ST.TO CENTER ST.) u PROJECT NO.. PW 12-06 p,l ISSUED IN TWO ill'II I ,iil! ly,l;�l ' ORIGINAL COUNTERPARTS N Bond No. 801930P COUNTERPART NO. OFI Bud Fee: PREMIUM: INCLUDED IN THE PREMIUM CHARGED FOR THE PERFORMANCE BOND 01Duffv Bros.. Inc. ,as principal ("PRINCIPAU')and Developers Surety and indemnity Company ,a corporation incorporated under the laws of the State of, Iowa and licensed by the State of California to execute bonds and undertakings as sole surety,as surety("SURETY'),are held and firmly bound unto tho t'ITY OF EL SEGUNDO("CITY")in the sum of Nlnetv Four Thousand,Nine hundred Hundred�rcent 00/Dnfithe contract,r lawful ($94 335.00 dollars, which is a minimum one A ( %) rrioney of the United States,which may be increased or decreased by a rider hereto executed in the same manner as this bond,for the payment of which sum PRINCIPAL and SURETY bind themselves, their successors, and assigns, jointly and severally,by this Instrument. This bored Is conditioned upon and guarantees payment by PRINCIPAL to contractors, subcontractors, and persons renting oqulpmenti payment by PRINGI13AL and all PRINCIPAL'S subcontractors for all materials, provielons,provender,or other supplies,and equipment used in, upon, for or about the performance of the work contemplated In MARIPOSA AVENUE STORM DRAIN(MARYLAND ST.TO CENTER ST.),SPECIFICATIONS Nth.PW 12.06("Public Project'j, worm the public works contract executed for such Publio Project, and for all or tabor of any kind performed for the Public Project. In the case of any default in the performance of the conditions and stipulations of this undertaking,It Is agreed that PRINCIPAL or SURETY will apply the bond or any portion thereof, to the satisfaction of any darnages, reclamation, assessments, penalties, or deflclendes arlsing by reason of.such default. BOND CONDITIONS 1. PRINCIPAL will construct the public improvements Identified in SPECIFICATION$ NO.PW 1 -06,and the public worko contract executed farauch Specifications,copies of which is on file wlth CITY"s Engineering Division("Public Projeor). Such performance will bar In acror danco with CITY"s plans and profiles (CITY DRAWING FILE NO. ), which are made a pall of this bond when said plans and profiles are approved by the City Council and filed with CITY's Engineering Division. 2. PRINCIPAL will pay all contractors,subcontractors,and persons renting equipment. 3. PRINCIPAL will pay for all materials and other supplies,for equipment used in,on, for or about the performance of the Public Project,and will pay for all work and labor thereon. 4. This bond is conditioned upon and guarantees due compliance with all applicable law including,without[imitation,the El Segundo Municipal)Code("ESMC"). AD"cYltar�um—F`ta�eadkF4"d 1mbrJrAA9mr�:4tkun��P Ra) I"1 —1 Agreement No. 4397 5. SURETY,for value received,agrees that no changes,extensions of time,alteration or Modlfloa,tlon of SPECIFICATIONS NO. PW 12-06,or of the obligation to be performed will in any way affect ila obligation on this bond, and it waives notice of any such change, extension of time, altora"tion 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 exeouting 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 Civll 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, PnINCIPAUs obligation will be void upon the acceptance of the performance byCITY;otherwise this obligation will remain in full force and effect. SIGNED AND SEALED this 13th day of�rraar -, "° "`"' 2013 01Bufr Bros., Inc. " Dov, p Surety and Indemnity Company Pr"M&'AL.'s PRESIDI Su m� c AcdoRr Y-IN-FACT rr � r �PRINCIPALs SE C R fY S F !3EGR R- PRINCIPAL's MAILING ADDRESS: SURETY's MAILING ADDRESS: O'Duffy Bros., Inc. Developers Surety and Indemnity Company .. Gunther Rd.. 17771 Cowan, Suite 100 2!034� - Romol.an3, CA 92565 Irvine, CA 92614 NOTE1 . (1) ALL signatures must be acknowledged by a notary public. Return two(2)originals to City Clerk's Office. (2) Bond shall be effective for one(1)year after acceptance of the job- LABOAANU MM1TEAlAL&9oNvi•F•R�C6rs)/08} j -2 Agreement No. 4397 Certfficate pursuant to ® Civil Procedure L® ry�l a;2' 1� l � State of al µ�cun l n il'crrtia,in and for said County DO HEREBY CERTIFY THAT has a orf lr i thnrjtv a, .a�C admitted surety issued by the California Insurance Gornmissionui ;ziuthonzzing►ne insurer to transact surety insurance in the State ct Calitornriz ano that based ors the records snawn in the Uepartment cf Insurance wensrre treat dutnonty nss nai ouen surrencerea,revoked,canceled, annulled,or suspunueO In Testimony ttar f"A n ape t my nand and affixed the al of SM County 011 �' .. _ COUNTY CLERK om. � Deputy County Clark M. BROODS Agreement No. 4397 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY ISSUED IN TWO ORI INAL COUNTERPARTS INDEMNITY COMPANY OF CALIFORNIA COUNTERPART NO. OF PO Box 19725,IRVINE,CA 92623 (949)263-3300 BOND NO. 801930P KNOWALL BY THESE PRESENTS that except as expressly limited,DEVELOPERS SURETYAND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each hereby make,constitute and appoint: ***Kenneth A.Coate,Julia B. Gladding,jointly or severally*** 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 Attorney(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 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 ofAttomey 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 SURETYAND 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 November 16,2012. kyxMWY01A/111AA/wy^» By: ... ryWw ,y� A Y O Y _.............f...:rW Y' A yr"w o PO / Daniel Young,Senior Vice-President , kLrA OCT x + y OCT.5 � " 0 y -._`.,,' ............................................ 1 9 3 6 1967 B ; regg N,0ce•Presldent 3 . c "`',^� ",.,.„�oW�,,,A•';�y-41^,„•^”' `��^ �'P(/E'Ct'P�� State of California County of Orange On November 16,2012, before me, Antonio Alvarado,Notary Public......, Date Here Insert Name and Title of the Officer personally appeared ..............__................ Daniel Younq and Gregg..N...Okura............................ a .,�.............................................................� Name(s)of Signer(s) ....................... w 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 ANTONIO ALVARADO I c,pacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of �v COMM.#1860643 which the person(s)acted,executed the instrument. NOTARY PUBLIC UN TY FORNIA 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is ORANQE COUNTY true and correct. (0. comm,oViras Aug 9,2013 WITNESS my hand and official seal. Place Notary Seal Above Signature ,6- - —... Antonio Alvarado,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 13th day of March , 2013 BY _ ..... ._ �- ...._.......,,,. Mark J.Lansdon,Assistant Secretary ID-1380(Rev.11/12) Agreement No. 4397 CALIFORNIA ALL PURPOSE ACKNOWI.EDGIMEINT State of California County of Riverside � On MAR 13 2013 - ---- ' before me, Stmphun-I12-o,' M)onta0uo �q"� Public, �� n:u�flvry biku` personally appeared Julia B. Claddinn wam"wmmone*s) who proved tomenn the basis nf satisfactory evidence to be the person(s) whose neme�a�io/a,w subscribed to the within instrument and acknowledged to me that hn�he/#n�~exeou1edthaaame in+�8/han@h�rauthorized COMM.#1854652 oopuoi1yHeia\, and that by l4ia/henthoimiraignedureA&-on the NOTARY PUBLIC-CALIFORNIA RIVERSIDE COUNTY instrument the peronn(.&), or the entity upon behalf of � My Comm.Expires June 18,2013 which the person(-A acted, executed the instrument. | certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. po pw�wm"�nmuxw" ' �^=��v'""'� ^ OPTIMAL ~��._�.�~�~-' Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title orType of Document: DooumentDate�_ �___� '' __ Number n{Pages: _ 8ignor(s) Other Than Named Above� Capacity(les) Claimed by Signer(s) Signer's Name: _�uli« B. Cn^ddi?g Signer's Name: ______ U Individual F1 Individual O CoqporateDffioer--Tdle(s): O Corporate Officer--Titlek$: U Partner—UUmited El General OPartnor—UUmited L1 General M Attorney in Fact UAttomey in Fact U Trustee -'------ UTrustoo Top of thumb here U Guardian orConservator O Guardian urConservator O Other: -__ U Other: ___ Signer |e Representing: Signer|nRepmoonUng� _ KKK @2007 National Notary Association 9350 De Soto Ave,PO Box 2402 Chatsworth,CA 91313-2402-wwwNationalNotaryorg Item#5907 Reorder:Call Toll-Free 1-800-876-6827 _____ _ Agreement No. 4397 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Stab* of California County cfRiverside On M&R I ---- � 2N13--- bufo»nme. Stephanie D. Montague, Notary Public Date ---�*/e,w�wuwamo"n�r��wmumq personally appeared James T. Duffy wame(s)"/a/gn"*s) --- ---- ----- ----- ' who proved to monnthe basis nf satisfactory evidence tn be the person(s) vvhoea name(s) is/are subscribed tnthe within instrument and acknowledged to me that he/sha/they executed the same in hio/her/theirauthorized COMM.#1854652 napacity(inu)' and that by his/her/their signature(s) on the NOTARY PUBLIC-CALIFOANIA RIVERSIDE COUNTY instrument the person(s), or the entity upon behalf of My Con&Expku June`u 20 13 which the person(s) anted' executed the instrument. | certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ' WITNESS myhand a d | aoa|. Signature Place Notary Seal xumm o/wolwrp"w/o OPTIONAL-'' OPTIONAL Though the information bolow is not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description mf Attached Document Title or Type of Document __ Document Date: Number of Pagoa:___ Signor(o) Other Than Named Above: »»»« Cnpmcity(ieo) Claimed by Signer(s) Signor'sNumo� James.,T. Duffy _ Signer's Namo:______ U Individual L1 Individual U Corporate Officer--7lt|o(a): O Corporate Officer--llUo(e)� ______ O Partno/--OLimitod El General [] Partnor--ULimitod El General O Attorney in Fact U Attorney in Fact U Trustee thumb El Trustee -- -thumb her U Guardian or Conservator O Guardian or Conservator O Other: O Other: ...... .... � ___---_ Signer |aRop�aon�ng; - � Signer Is � ..........�� 02007National Notary Association-9350 De Soto Ave,.RO.Box 2402-Chatsworth,CA 91313-2402-www.NafionaiNotary.org Item#5907 Reorder:Call Toll-Free 1-800-876-6827 Agreement No. 4397 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT T°e.`:`,'..rti4anu` ^L"x r":�r"`^wµr"",^ya{"aa:W"'!« a'...""£ 'ctict„:q's',jy"j State of California County of Ri„versi de ...... ......................................................... MAR 14 2013 . l lx r, a. tl Nk , M1 .r,i r On before me 5t a Ah n KQ-,, , �.,.,...... .�:, oaf'II°ory�Otlrrcur' personally appeared _Nicholas Duffy _.- ........,.p�ra�li'�o 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 1 he/she/they executed the same in his/her/their authorized PHA ca acit ies , and that b his/her/their signature(s) on the wi ,#1854652 instrument the person(s), or the entity upon behalf of NOTARY PUBLIC-CALIFORNIA rry Y p RIVERSIDE TY ; which the person(s) acted, executed the instrument. My C otnm,Exoms June 18.20 13 1�l 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, fl is seal„ J Signature _y' ................................ Place Notary Seal Above « „Iry;anntlum ,n Notary Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages; .................... Signer(s) Other Than Named Above: none 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 e i,. .r ri®, , ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact i i ❑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 _- 111- ............... ...................... ti”,�' wti",,'«°,�'�"�'"..y'^�: �N.,�,,""'�.r�,,,"'�'�"T.w"��;nr., '�r°�.'.,'�"��'-",��+"�„�M�v�,:�i"�r� v".��k��"�'t°..�,'�",°w��:M^C.n"��` •r.�, r""' '0�"`5".r`w~'^;s"�✓"v-.".�'sr�%�"�°%'`v'�/+>�."*�r"�"��"" '�i'""�;n�` "�. .^C�� 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 1-800-876-6827