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CONTRACT 5421 Public Works Contract CLOSED Agreement No. 5421 PUBLIC WORKS CONTRACT BETWEEN THE CITY OF EL SEGUNDO AND NOHO CONSTRUCTORS PICNIC SHELTER PROJECT PROJECT NO.: PW 16-15 This CONTRACT is entered into the 0 day of October, 2017, by and between the CITY OF EL SEGUNDO, a general law city and municipal corporation ("the City") and NoHo Constructors, ("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 EIGHTY SIX THOUSAND, SIX HUNDRED Dollars ($86,600.00) 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. 5421 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. TBRID PARTY CLAIMS. In accordance with Public Contracts Code§9201,the City will promptly inform the Contractor regarding third-party claims against the Contractor,but in no event later than ten(10)business days after the City receives such claims. Such notification will be in writing and forwarded in accordance with the "Notice" section of the Contract Documents. As more specifically detailed in the Contract Documents,the Contractor agrees to indemnify and defend the City against any third-party claim. 6. TAXPAYER IDENTIFICATION NUMBER. The Contractor will provide the City with a Taxpayer Identification Number. 7. PERMITS AND LICENSES. Unless otherwise provided, the Contractor, at its sole expense,will obtain and maintain during the Contract Time,all necessary permits,licenses, and certificates that may be required in connection with the Work. 8. OWNERSHIP OF DOCUMENTS. All documents,data,studies,drawings,maps,models, photographs and reports prepared by the Contractor under the Contract Documents are the City's property. The Contractor may retain copies of said documents and materials as desired, but will deliver all original materials to the City upon the City's written notice. 9. INDEMNIFICATION. The Contractor agrees to indemnify, defend, and hold the City harmless as set forth in the Contract Documents. The requirements as to the types and limits I-D-2 Agreement No. 5421 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 Orlando Rodriguez Bryce Greenstein Senior Civil Engineer President City of El Segundo NoHo Constructors 350 Main St. 11012 Ventura Blvd., Suite 1259 El Segundo, CA 90245 Studio City, CA 91604 (310)524-2252 (818)642-7270 Any such written communications by mail will be conclusively deemed to have been received by the addressee three(3)days after deposit thereof in the United States Mail,postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. 13.NO THIlM 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. I-D-3 Agreement No. 5421 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. TMIE IS OF ESSENCE. Time is of the essence for each and every provision of the Contract Documents. I-D-4 Agreement No. 5421 IN WITNESS WHEREOF the parties hereto have executed this Contract the day and year first hereinabove written. n' ar ci"' B ce Ci°censtein, President t i6p M'9ge-r NoHo Constructors ATTEST: ' " ' Taxpayer ID No. ' 1 °a y'W µvor/ C;m y Clerk - Contractor State License No.: 1029269 Contractor City Business License No.: APPROVED AS TO FORM: MARK D. 111 NSLl,,Y'City Attorney By: David H.King, Assistant City Attorney Insurance Reviewed by: P 1_1 r I-D-5 Agreement No. 5421 PROPOSAL FOR THE PICNIC SHELTER PROJECT PROJECT NO.: PW 16-15 Date 2017 Company TO THE CITY OF EL SEGUNDO: In accordance with the City of El Segundo's Notice Inviting Sealed Bids, the undersigned BIDDER hereby proposes to furnish all materials, equipment, tools, labor, and incidentals required for the above stated project as set forth in the Plans, Specifications, and Contract documents therefor, and to perform all work in the manner and time prescribed therein. BIDDER declares that this proposal is based upon careful examination of the work site, Plans, Specifications, Instructions to Bidders, and all other Contract documents. Submittal of this bid shall be considered evidence that the BIDDER has satisfied himself regarding the Contract documents, access and any other field conditions which may affect bid prices.If this proposal is accepted for award, BIDDER agrees to enter into a Contract with the City of El Segundo at the unit and/or lump sum prices set forth in the following Bid Schedule.BIDDER understands that failure to enter into a Contract in the manner and time prescribed will result in forfeiture to the City of El Segundo of the proposal guarantee accompanying this proposal. BIDDER understands that a bid is required for the entire work,that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids, and that final compensation under the Contract will be based upon the actual quantities of work satisfactorily completed. THE CITY OF EL SEGUNDO RESERVES THE RIGHT TO INCREASE OR DECREASE THE AMOUNT OF ANY QUANTITY SHOWN AND TO DELETE ANY ITEM FROM THE CONTRACT.It is agreed that the unit and/or lump sum prices bid include all apparent expenses, taxes, royalties, and fees. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. If awarded the Contract, the undersigned further agrees that in the event of the BIDDER'S default in executing the required Contract and filing the necessary bonds and insurance certificates within ten working days after the date of the City of El Segundo's notice of award of Contract to the BIDDER, including sending by U.S.Mail a Public Works Contract for signature by the Awardee,the proceeds of the security accompanying this bid shall become the property of the City of El Segundo and this bid and the acceptance hereof may, at the City of El Segundo's option, be considered null and void. I-C-1 Agreement No. 5421 BIDDER certifies that in all previous Contracts or Subcontracts, all reports which may have been due under the requirements of any agency, State,or Federal equal employment opportunity orders have been satisfactorily filed, and that no such reports are currently outstanding. AFFIRMATIVE AC'.11UN CLUIELLATIm BIDDER certifies that affirmative action has been taken to seek out and consider minority business enterprises for those portions of the work to be Subcontracted, and that such affirmative actions have been fully documented, that said documentation is open to inspection, and that said affirmative action will remain in effect for the life of any Contract awarded hereunder. Furthermore, BIDDER certifies that affirmative action will be taken to meet all equal employment opportunity requirements of the Contract documents. NUNC'OLLUSION AELIDAVIT BIDDER declares that the only persons or parties interested in this proposal as principals are those named herein; that no officer, agent, or employee of the City of El Segundo is personally interested,directly or indirectly,in this proposal;that this proposal is made without connection to any other individual,firm,or corporation making a bid for the same work and that this proposal is in all respects fair and without collusion or fraud. I-C-2 Agreement No. 5421 BID SCHEDULE POLICE DEPARTMENT KITCHEN REMODEL PROJECT PROJECT NO.: PW 16-15 Company Name-, Mo �4o Base Bid Items ............... Unit Price Item Total Item Description Estimated (in figures) (in figures) No. Unit uantity Dollars/Cents Dollars/Cents Removal and disposal of existing picnic shelter structure, light fixtures, Lump 0 electrical wiring and Sum electrical conduit as necessary Install new picnic shelter structure and concrete Lump 2 foundations(drilled pier Sumfooting 70 _option) ——------ Install new GFCI electrical LUMP Y" 3 outlet and all wiring as Sum 1 0 6 necessary __.n.._..................... Install new LED light fixtures Lump 4 and all wiring as necessary Sum ................... 5 Install new conduit and wiring Lump to existing wiring as necessary Sum 6 6 6 6 e.) 6 Install new concrete,dowels, I Lump I and expansion joints Sum .................................... TOTAL BASE BID FOR ITEMS 1-6 IN FIGURES TOTAL BASE BID FOR ITEMS 1-6 WRITTEN IN WORDS: I-C-3 Agreement No. 5421 BIDDER'S INFORMATION Company Name: No deo "-J rUr, BIDDER certifies that the following information is true and correct: Form of Legal Entity (i.e., individual, partnership, corporation, etc.) If corporation, State of Incorporation(i.e., California) Business Address AIQL& VEW4,e fare. skudi'o r /Lam TelephoneNo. 8- . ? r.......................................................................................................................................................... Facsimile No. State Contractor's License No. and Class 10 2,S-2,6 01 06gir'aal Date J."ued 6 12- 2,0 ,7 Fxpmralioti Date The following are the names,titles, addresses,and phone numbers of all individuals,firm members,partners,joint venturers, and/or corporate officers having principal interest in this proposal: 6:)/0,, 1. a. Com.@ �. '..55 ogt1,!vk a k .k ",�J "!&J The date of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal is as follows: PIA _...._www..................................... ...................... ............................................. .....................................- All current and prior DBA's, aliases, and/or fictitious business names for any principal having an interest in this proposal are as follows: I-C-4 Agreement No. 5421 BIDDER'S IN O 11ON(CO D) Company Name: �_Oar euc Bidder shall list the name of the person who attended the mandatory pre-bid job walk: Name: 6,lee d4"!V's Title: Pr., q e. h I-C-5 Agreement No. 5421 IN WITNESS WHEREOF,BIDDER executes and submits this proposal with the names,titles, hands, azid seals ofall a fivenained prit)cipals,this day of 2,()-j2 BIDDER A/D .......................................... Sy- Subscribed and sworn to this day o I 0-,20 -4. NOTARY 6'0jWf Pal I-C-6 Agreement No. 5421 CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE §8202 XSee Attached Document (Notary to cross out Nines 1-6 below) El See Statement, Below (Nines 1-6 to be completed only by document signer[s], not Notary) W_.... .__.._ .... ..._.......mm.. ............_- _W_..�............. ....__.............. ,1 n ture of Document S...._...rgner rif dr Sig No. 1 Signature of Document Signer No. 2 >f " any) 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 Subscribed and swom to (or affirmed) before me County of L4 ,ekes s* on this ZA day ofu - 20 17- by Date nth Year (and (2) Name(s) of Signer(s) W.,ilCommission SEPH P. MOLINA-CARTEl1 Notary Public-California proved to me on the basis of satisfactory evidence Los Angeles County to be the person(s) who appeared before me. At 2117098 Corms,Expires,dun 25,2019 Signature f nature of Notary Public Seal 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 Doc ment:""V—( p 1 m r ; " e Document Date: 7� •Z( • Zo1� Number of Pages: i Signer(s)Other Than Named Above: 02014 National Notary Association - www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5910 Agreement No. 5421 PROPOSAL GUARANTEE BID BOND PICNIC SHELTER PROJECT PROJECT NO.: PW 16-15 KNOW ALL MEN BY THESE PRESENTS that, NoHo Constructors , as BIDDER, and American Contractors Indemnity Company ,as SURETY, are held and firmly bound unto the City,.hof El Segundo, in,the penal h sterm 1oU° a ttc t DOLLARS !a ($ (10%) p" w t of the total amount bid byk BIDDER to the City of El Segundo for the above stated project, for the payment of which sum,BIDDER and SURETY agree to be bound,jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that,whereas BIDDER is about to submit a bid to the City of El Segundo for the above stated project,if said bid is rejected,or if said bid is accepted and a Contract is awarded and entered into by BIDDER in the manner and time specified,then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of the City of El Segundo. IN WITNESS WHEREOF the parties hereto have set their names,titles,hands,and seals this 17th day of August , 20 17 BIDDER* NoHo Constructors-11012 Ventura Blvd.,Suite 1259,Studio City,CA 91604-818-642-7270 d SURETY* American Contractors Indemnity Company-801 S.Figueroa St.,Ste.700,Los Angeles,CA 90017-310-649-0990 Linda D.Coats,Attorney-in-Fact Subscribed and swoni to this-da). of '4u,,,,1,; k _ , 20 � 7 NOTARY PUBLIC *Provide BIDDER/SURETY name, title, address and telephone number and the name, title, address and telephone number for authorized representative. I-C-7 Agreement No. 5421 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 e document to which this certificate is attached,and not the truthfulness, accuracy,or validity of that document. State of California ) County of Orange On ) _. s. ' oaf �i ' (d„( before me, Adelaide C.Hunter,Notary Public w , [Date Here Insert Name and Title of the Officer personally appeared ,,,,,,,,,, Linda D.Coats ...... 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. ADELAIDE C. HUNTER WITNESS my hand and official seal. Notary Public-California Orange County ., Commission#2168064 Signature. ........ _ Comm,Expires Oct 18„2020 Signature of Nota - „ 9 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: Signer's Name: ❑ Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑Partner — ❑ Limited ❑General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑ Guardian or Conservator ❑Trustee ❑ Guardian or Conservator ❑Other: m,_,,,,,,,,,, ❑ Other: Signer Is Representing; __,_,,,, Signer Is Representing: .,,,,_.... ©2014 National Notary Association -www.NationalNotary.org - 1-800-US NOTARY(1-800-876-6827) Item#5907 Agreement No. 5421 POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY KNOW ALI,MEN 13Y THESE PRl,1'SFNTS:That Atnerican Conlraictors Indoiinity Company,a California corporation,United States Surely Company, a Maryland corporation and U.S. Specialty Insurance Company, a Texas corporation (Collectively, the___ __ "Conipanics"),do by these presents make,constitute and appoint. Matthew Coats or Linda D.Coats of Laguna Hills,California its true and lawful Attorney(s)-'in-fact,each in their separate capacity il'snore than one is named above, witli full powei-and authority herchy conferrcd in its name, place„and stead,to execute,acknowledge an(]deliver any and till bonds,recognizances, undertakings or other lostrumen(s, or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed ******Three Million"**** Dollars (S "3,000,000.00" '). This Power of Attorney shall expire without further action on December 08,2016. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved, that the President,any Vice-President,aany^Assisvini"dice-President,any Secretwy or ainy,Assislam Secretary shnH be and is hereby vested with full power and'authority to appoint any one or more Suitable persons its Altorricy(s),in-Fact to represenil oncl avi liar and on beball'offlic Corripany sulaicct ata the fi:ijlo!%0ng provisions: may be given P'u'll power and aolhorily for and in the narne ol'and on Comjvny,tet'exccl,oe,ackoowtedgv arid'detiver,;iny aviid,ill bunds, r"ognininces, Contrads, agrecnioils or indenroity and othor conditional or olAgatory undertaking,,,, intluding any and rill consorts pier the release eat"retained percentages and/or final estimates on engineering and construction contracts,and any and all notices and documents canceling or terminating the Company's liability thereunder,and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved that-the signature of any authorized officer andEseaLDfAhc Company heretofore or hereafter affixed to any power of attorney or any certificate relating Ahcroo by facsini=araPany power of attorney or deffifidik be&ing facsimile signature or facsimile sea]shall be valid and binding upon the Company-with respect to-_ any bonW&dfideMing to which it is attached. IN WITNESS WHEREOF,The ComOdhies have caused this instrument to be signed and their corporate seals to be hereto affixed,this 10th day of December,2012. AMF RICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY-- Corporate Seals �,;171 ........... -"M g 4,; Daniel ix2 it State of California ,4 =0)wity ofbosAngejes SS: Clin0th dayof December,2012,bef6reme,Vanessa Wright,a notary public,personally appeared Daniel P.Aguilar, Vice Pfe�si-derirof American Contractors Indemnity Company, United States Surety Company and U.S. Specialty Insurance Company 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 executed the same in his authorized capacity,and that by his signature on the instnimeut the jXrS00(S),or the entity tipon b0lalfol' which the pgson(s)_acted,executed the instrument. ces-fil'y under 1111,,"NALTY OF PERJURY under the laws of the State of("afifornia that (lie foregoing paragraph is true and correct. ��WITNESS mv hand and official seal. 6"ghe Ai vii.. commms1wo"#I Signature N0*7 PWIC-camonill (Seal) =1 Los AnOls CM* tKfI11111 OW C 2016 1, Jeannie Lce, Assistant Secretary of American COntraCtot'S I ndeninityl Company, United States Surety Company and U.S. Specially Instuance Company, (it) hereby certify that the abovc and foregoiTig is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in (fail force and effect; furthermore,the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In jlnOS Whereof' I have liel'Cunto set my hand and affixed the seals of said Companies at Los Angeles,California this _[ j...................day Corporate Seals Bond No! ),a leannic Lee, sistaut Secretary ", Agency NO" ,OW), % Agreement No. 5421 CONTRACTOR'S LICENSE DECLARATION (Business and Professions Code Section 7028.15) 1. BIDDER'S Contractor's License Number is: M_ 1 Class No.: 2. The expiration date of BIDDER'S Contractor License is: — ; o __...._.�............. , 20_.......ff.. . 3. BIDDER acknowledges that Section 7028.15(e)ofthe Business and Professions Code provides as follows: "A licensed Contractor shall not submit a bid to a public agency unless his or her Contractor's license number appears clearly on the bid,the license expiration date is stated, and the bid contains a statement that representations herein are made under penalty of perjury. Any bid not containing this information, or a bid containing information which is subsequently proven false, shall be considered non-responsive and shall be rejected by the public agency." The undersigned declares,under penalty of perjury,that the representations made by the undersigned in this bid proposal are true and correct. Fxectited oii 202017, at t,�, , I, d,k (itis art City and State where Declaration signed). SignafKl re rYype N;-tn1e Title )O 1411 --- Company Name I-C-8 Agreement No. 5421 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ) ) ss. County of L o s �'5 f r$ m ' , being first duly sworn, deposes and say that he or she is the party making the foregoing bid that the bid is not made in the interest of,or on behalf of,any undisclosed person,partnership,company,association,organization,or corporation;that the bid is genuine and not collusive or sham;that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded,conspired,connived,or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding;that the BIDDER has not in any manner, directly or indirectly,sought by agreement,communication,or conference with anyone to fix the bid price of the BIDDER or any other BIDDER,or to fix any overhead,profit,or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the Contract of anyone interested in the proposed Contract; that all statements contained in the bid are true; and further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Signatti Name of Bidder/Company Name ( e Y1<1 f ►01 �22, . ...�. 0) ........... ame Date Tc.s ') A eo Title I-C-9 Agreement No. 5421 WORKER'S COMPENSATION CERTIFICATION Section 1861 OF THE LABOR CODE (Workers' Compensation) Pursuant to Section 1861 of the Labor Code,the BIDDER, in submitting his/her PROPOSAL, shall sign the following certification: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers'compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Contract." Signature of Bidder: „ Title: I e Business Name: km Wo Business Address: 060, U#)) 12,,x q Telephone Number: °-2-- 7 2,7 Dated this - daly of A �m20 I-C-10 Agreement No. 5421 DESIGNATION OF SUBCONTRACTORS PICNIC SHELTER PROJECT PROJECT NO.: PW 16-15 Company Name: , ., o 1 .O"° �:•W" ............._.-.............. BIDDER will perform the majority of the work and proposes to Subcontract certain portions of the work which are in excess of one-half of one percent(1/2 of 1%) of the bid and to procure materials and equipment from suppliers and vendors as follows: Description of Subcontractor's Portion of Name of Contractor Work Estimated Subcontractor Address License No. Subcontracted $Amount mmmmmmmmmmmm mmm .Mum mm. mmm mm ... mmmmmmmmmm .mmm......... .. M �. ....... . .. . (Number and Street) T� ,��„�c.�����' (City,Zip Code) stn ........ ...... . —................. i _..._ ... . ............... ................................ ..............................._........._...........,..............._.........................................._...... ............................................_... ....._....... ................................ ....................._....."I I-C-11 Agreement No. 5421 REFERENCES Company Name: No Ho The following are the names, addresses, and telephone numbers for public agencies for which BIDDER has performed similar work as the prime Contractor or major Subcontractor within the past five(5)years: Note-, work cis dune, by Carr 1. Project Title: to r Location: � 11AC sr.'les (Mora) Ar— "" ar' 6 Name and address of owner r New V w rJ t 2-12,1 -7- ZwO Name and current telephone number of person familiar with project at fv e Type of Work: , "rM ;=y1le " "'O ry e .'P Date completed:... .... /.. .1. ....... Contract amount: $.....................1..........., . Amount of work done by my/our firm under Contract$ Did your firm have any financial interest in Project? tjp 2. Project Title: Location: � sem .®� a'6"'� �� Name and address of owner Il m r"' ."ern C 2,1 7 - 77.4 Name and current telephone number of person familiar with project Type of Work: I --bx r r a r . Contract amount: $ 1,.. ..� ........... . ................... ... Date completed: -2,/2,014- Amount / 1Amount of work done by my/our firm under Contract$ _ Did your firm have any financial interest in Project? AJ 0 I-C-12 Agreement No. 5421 3. Project Title: �Peko 'rye, LIQ n4--(,o SJov I Location: (A)QQ h,4 w, 4)jo MeAy 2,7c!5 u-�n Oo 17 Name and address of owner Name and current telephone number of person familiar with project Type of Work: �)e 1 92 4 r a U AA Contract amount: $ 5 2,", , 6-0 P� Date completed: 2-ol ct Amount of work done by my/our firm under Contract$ 52,11 boo Did your firm have any financial interest in Project? 4. Project Title: Location: Name and address of owner Name and current telephone number of person familiar with project: Type of Work: Contract amount: $ Date completed: Amount of work done by my/our firm under Contract$ Did your firm have any financial interest in Project? I-C-13 Agreement No. 5421 5. Project Title: Location: Name and address of owner Name and current telephone number of person familiar with project: Type of Work: Contract amount: $ Date completed: Amount of work done by my/our firm under Contract$................................................................................................................................................... Did your firm have any financial interest in Project? Bidder may attach additional reference pages if necessary. The following are the names, addresses, and telephone numbers for all brokers and sureties from whom BIDDER intends to procure insurance bonds: I-C-14 Agreement No. 5421 BIDDER'S STATEMENT OF PAST CONTRACT DISQUALIFICATIONS PICNIC SHELTER PROJECT PROJECT NO.: PW 16-15 Company Name: 06 W. - _.__._.._._.........._.-. Please state all instances of being disqualified,removed, or otherwise prevented from bidding on, or completing, a federal, state, or local government project due to a violation of a law or safety regulation. 1. Have you ever been disqualified from any government Contract? Yes ❑ No 01�" 2. If yes, explain the circumstances: 3. Are you registered in accordance with Labor Code§ 1725.5 [Note: failure to register requires the City to reject your bid as nonresponsive]? Yes No ❑ Bidde�'s-*?'gf-na-t2uer!eRi� Name(Please Print) I-C-15 Agreement No. 5421 INSURANCE REQUIREMENTS [MUST BE SUBMITTED WITH PROJECT PROPOSAL] PICNIC SHELTER PROJECT PROJECT NO.: PW 16-15 CompanyName:._..__.._..............................._...... �..R1Q1.....__.La),-S. i ...._...................._.......... .. To be awarded this Contract, the successful bidder must procure and maintain the following types of insurance with coverage limits complying,at a minimum,with the limits set forth below: Tyne of Insurance Limits Commercial general liability: $2,000,000 Business automobile liability: $1,000,000 Workers compensation: Statutory requirement Commercial general liability insurance must meet or exceed the requirements of ISO-CGL Form No.CG 00 01 11 85 or 88. The amount of insurance set forth above must be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies must be endorsed to name the City,its officials,and employees as"additional insureds"under said insurance coverage and to state that such insurance will be deemed"primary"such that any other insurance that may be carried by the City will be excess thereto. Such endorsement must be reflected on ISO Form No.CG 20 10 11 85 or 88,or equivalent. Such insurance must be on an"occurrence,"not a "claims made,"basis and will not be cancelable or subject to reduction except upon thirty(30)days prior written notice to the City. Insurer will agree in writing to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by Contractor for the City. Automobile coverage must be written on ISO Business Auto Coverage Form CA 00 01 06 92,including symbol 1 (Any Auto). The Consultant must furnish to the City duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement,endorsements as required herein,and such other evidence of insurance or copies of policies as may be reasonably required by the City from time to time. Insurance must be placed with admitted insurers with a current A.M. Best Company Rating equivalent to at least a Rating of"A:VII." Certificate(s)must reflect that the insurer will provide thirty (30)day notice of any cancellation of coverage. The Consultant will require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions. The City requires California Worker's Compensation Coverage with the associated Waiver. Out-of-state coverage will not be accepted in lieu of the California coverage,because the work is being performed in the State of California. By signing this form, the bidder certifies that it has read, understands, and will comply with these insurance requirements if it is selected as the City's consultant. Failure to provide this insurance will render the bidder's proposal"nonresponsive." 01 Date Bidder's ignature I-C-16 Agreement No. 5421 FAITHFUL PERFORMANCE BOND PICNIC SHELTER PROJECT PROJECT NO.: PW 16-15 Bond No. 100370770 Bond Fee: $1,559.00 "premium is based on 100%of the final contract amount** NoHo Constructors , as principal ("PRINCIPAL") and American Contractors Indemnity Company , a corporation incorporated under the laws of the State of California 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 EIGHTY SIX THOUSAND, SIX HUNDRED DOLLARS($86,600.00), lawful money of the United States, which may be increased or decreased by a rider hereto executed in the same manner as this bond, for the payment of which sum PRINCIPAL and SURETY bind themselves, their successors, and assigns, jointly and severally, by this instrument. PRINCIPAL or SURETY will apply this bond for the faithfiul performance of any and all of the conditions and stipulations set forth in this bond, SPECIFICATIONS NO.PW 16-15,and the Public Works Contract executed with such Specifications. In the case of any default in the performance of the conditions and stipulations of this undertaking, it is agreed that PRINCIPAL or SURETY will apply the bond or any portion thereof, to the satisfaction of any damages, reclamation, assessments, penalties, or deficiencies arising by reason of such default. BOND CONDITIONS 1. PRINCIPAL will construct the public improvements identified in SPECIFICATIONS NO. PW 16-15, 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 NO. PW 16-15) 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 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. 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 I-E-1 Agreement No. 5421 completion and acceptance by CITY. 4. This bond is conditioned upon and guarantees due compliance with all applicable law including,without limitation,the El Segundo Municipal Code ("ESMC"). 5. SURETY, for value received, agrees that no changes, extensions of time, alteration or modification of SPECIFICATIONS NO. PW 16-15 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 ofthe appointment,power of attorney,bylaws or other instrument entitling or authorizing the persons executing this bond to do so; R A certificate issued by the county clerk for the county in which SURETY's representative is located conforming with California Code of Civil Procedure § 995.640 and stating that SURETY's certificate of authority has not been surrendered, revoked, cancelled, annulled, or suspended, or in the event that it has,that renewed authority has been granted; and 7. Should PRINCIPAL perform its obligations within the time allowed, PRINCIPAL's obligation will be void upon the acceptance of the performance by CITY; otherwise this obligation will remain in full force and effect. [SIGNATURES ON FOLLOWING PAGE] I-E-2 Agreement No. 5421 SIGNED AND SEALED this 15th day of November .20 17 NoHo Constructors American Contractors Indemnity Company .......... ........................... .............................. FVUS) HA" S 1,RET" b Attorney-in-Fact,Mafthew J.Coats r 6fet�v,54e v� PRINCIPAL's SECRETARY SURETY's SECRETARY PRINCIPAL's MAILING ADDRE SS: SURE TY's MAILING ADDRESS: NoHo Constructors American Contractors Indemnity Company .................. 11012 Ventura Blvd.,Suite 1259,Studio City,CA 91604 801 S.Figueroa St.,Ste.700,Los Angeles,CA 90017 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. I-E-3 Agreement No. 5421 Cerdficate pursuard to 995.640(a)Code of CWH Procedure -0GA;' County Clerk of the County of -, dh)ly— ,State of California,in and for said County 00 HEREBY CERTIFY I'HAT fo�m mia i crW�zie ofauthadly as an adn'Wled surety issijed by the C ance Commissioner authorizing the trisurer to transact surety insura n,eel n zitate of California,and that based on life r000r(,5 si town in the Oapartment of :�5wanoewebsfte,7 theA authority has not t)aen surreidered,revoked,canceled, annotled.orsuspr,,��ded In ToWhort heteot,�have hereunto set my hand and afted the seal of said COUP4 oil 17 COUNTY CLERK BY: Agreement No. 5421 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. Coute nty ofoCalifornia2 /Vzo (ei— ) �� .... ` � .�. before me, 7 %1- ..Date Here Insert Name and Title of theer personally appeared ' �'�' l r Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)mmmis/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. KRYSTLE M.SCHUETz WITNESS my hand and official seal. NOTARY PUBLIC-CALIFORNIA ... COMMISSION#2062691 LOS ANGELES COUNTY p arch 29,2016 Signature ....tublic My Comm. Ex . M 8 nature of Nota 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: ........,,„,,,,,,,,,,,,W Capacity(ies) Claimed by Signer(s) Signer's Name: ...... Signer's Name: ❑Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑General ❑ Individual ❑Attorney in Fact ❑ Individual C 1 Attorney in Fact ❑Trustee C7 Guardian or Conservator ❑Trustee ❑ Guardian or Conservator ❑Other: ............. ther: .................. El Other: Signer Is Representing: Signer Is Representing: m_ 02014 National Notary Association - www.NationalNotary.org - 1-800-US NOTARY(1-800-876-6827) Item #5907 Agreement No. 5421 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 NOV .15 2017 before me, Summer L.Reyes,Notary Public Date Here Insert Name and Title of the Officer personally appeared Matthew J.Coats Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the Sallie 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 instrullient. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. SUMMER QgE L.REYES California Notary Publicc California Z WITNESS my hand and official seal. Oranp County Comn4ealon#2158864 M CoEaras J2li, 2C Signature— N k Signatt'�ia of Notary Public Place Notary Seat 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(iies) Claimed by Signer(s) Signer's Name: Signer's Name: El Corporate Officer — Title(s): 0 Corporate Officer — Title(s): El Partner — 0 Limited 0 General 0 Partner — El Limited El General El Individual 0 Attorney in Fact 0 Individual 0 Attorney in Fact •Trustee 0 Guardian or Conservator 0 Trustee 0 Guardian or Conservator •Other: 0 Other: Signer Is Representing: Signer Is Representing: CA 02014 National Notary Association -www.NationalNotary.org -1-800-US NOTARY(1-800-876-6827) Item#5907 POWER OF ATTORNEY Agreement No. 5421 AMERICAAN CONT RACTORS,INDEMNITY COMPANY TEXAS BONDING COMPANY _-- - - UN1T1^Ia w'1"ra"t"E�'"atJl't.I+r"t`k"COMPANY U.S.SPECIALTY INSURANCE COMPANY =_-- KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a Maryland corporation=and UR Specialty Insurance Company, a Texas corporation (collectively, the °'Ceinpanies"), c'lo by these presents make, coils ttutc and 1111point: Matthew Coats or Linda D.Coats tat"Laguna 11111s,f.'a'aliforaatta its true and lawful-Attorney(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name,place and stead, to execute,'acknowledge and deliver any and all bonds, recognizarrce"nt'ler'takings or other nstrinnents or contras of suret'yslalp to itlude riders, amendments, and consents of sure'l'y,W(r dim tile' bond laenalty tla'aes not exceed = _ "�*�" ive Millions*��"� Dollars ('iii ** ,000,Iltltl,ll��. This Power of Attorney shall expire without further action on November 3,2019. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved, thatlhc President,any Vice-President,any Assistant Vice-President,any Secretary or any Assistant Secretary shall be and is hereby vested with full enzrnd�ity to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent-ani for-an��n behalf of the CompaWubjeci to the=folk)wilig -- IlPta rra-1^"arr°t may be=given full power and authority for and in the name of and on behntt of fligCompany,to cxcmc,acknowledge mid dly and dal)bonds,= rcgnrzances, contracts, agreements or indemnity and other conditional or obligatory u a�gs, including any and all consents for-the=release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder,and any such instruments so executed by any such Attomcy-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. —He iLResolr ejAhat the signature of any authorizcdzzofficanitd si of the Company heretofore or hereafter affixed to any power of attomcv orjmy certificate r ting thereto by laacsiri le„,aand''any power of attorney or ecrtiticaa e bcaar°iiig Ikucaiiaaroile signature or facsimile seal shall be valid and binding upon the C°asa''aagraaazy with respect to ally' laaro'wl,or'underolkiog to vwhicla it is attached. IN WITNESS WHEREOF,The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this 1 st day of November,2016. AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY Corporaa'ic Saµtala UNITED STATES SURETY COMPANY U.S.Sf't.t°I'AI.r"t'I INS'tJ't'tA'NCts COvil'AN't` v rNr^vufvi"r✓n ^,, vyvVVu44111Xtl4nrYynr vy,N^III"'uPl'II"p,rfr," y�'w P.ua'r'�"r �, StaN "a),a„plrl a,7y .rot"I ay,. � ELI] By: w.. ... N Daniel P. A'gaallaaa",Vice I rest(ent r IPIIIVeli1V.i �"" �1'I�tlliVadl * l pub�ic or aalaaeh llisicerA dicalc is aattilelled,and not .. J officer I to atifte alto va.iilies only the identity of the individual who signed the [�A a Haa araatial"taltacsw,accuracy,or validity of that document. State tri"C:"aalill)rnia County of Los Angeles SS: On this 1 st day of November,2016, before me,Sabina Morgenstein,a notary public, personally appeared Daniel P.Aguilar,Vice President of American C'ont'rac'trai°:;, Iatc'lenmity Company,Texas Bonding Company,United States Surety Clon',ap a'i'ry' a'alul'' 11.5.Specialty Insurance Company who proved to alae tn'i the basis a!if saatlsfadory evidence to be the person whose name is subscribed to the awrithin'instrunient and noknowledged to one that lie executed th'e sanic iit his ailtl orized capacity,and that by his signature on the instrument the person,or the entity ttprxiaa if of"wlt'ich the person acted,executed the instxaunent. l�nrt�y 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. AN SABINA MORGENSTEIN 11 a Commission # 2129258 Signature ::: ...... ..................................................... £Seal) l Notary Public-California Los Angeles County My Comm.ftapire's Nov 3,2019 glul" ,,u�,w..{oill'd{6uulYludllpYiuplYllraylWulugllt1V'''mltll I,Kio Lo,Assistant Secretary of American Contractors Indemnity Company,Texas Bonding Company,United States Surety Company and U.S. Specialty Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said Companies,which is still in full force and effect;furthermore,the resolutions of the Boards of Directors,set out in the Power of Attorney are in full forec and et"ta ct. hereunto set my hand and affixed the seals of Conipranies a' Angeles,Californiathis� ��day til �i'aa'iltnta� e,t°'et'xf„ l have hereu at I,at'.as�wra'cicrs,f:"raaliliaa'ta"' G42 I Corporate Seals ' 4 Il,r t rrrro,rr s ° Cas a t a , III Lo,Assistant SecretaryBand No 11V3 Agency No. 17718 Agreement No. 5421 LABOR AND MATERIALS BOND PICNIC SHELTER PROJECT PROJECT NO.: PW 16-15 Bond No. 100370770 Bond Fee:Included with Performance Bond NoHo Constructors principal ("PRINCIPAL") American Contractors Indemnity Company awl ._._ . , a corporation incorporated under the laws of the State ol" California and licensed by the State of Californiato 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 EIGHTY SIX THOUSAND, SIX HUNDRED DOLLARS ($86,600.00), lawful money of the United States, which may be increased or decreased by a rider hereto executed in the same manner as this bond, for the payment of which sum PRINCIPAL and SURETY bind themselves, their successors, and assigns, jointly and severally, by this instrument. 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 PICNIC SHELTER PROJECT, SPECIFICATIONS NO. PW 16-15 ("Public Project"), the Public Works Contract executed for such Public Project, and for all work or labor of any kind performed for the Public Project. In the case of any default in the performance of the conditions and stipulations of this undertaking, it is agreed that PRINCIPAL or SURETY will apply the bond or any portion thereof, to the satisfaction of any damages, reclamation, assessments,penalties, or deficiencies arising by reason of such default. BOND CONDITIONS 1. PRINCIPAL will construct the public improvements identified in SPECIFICATIONS NO. PW 16-15, and the Public Works Contract executed for such Specifications,copies of which is on file with CITY's Engineering Division("Public Project"). Such performance will be in accordance with CITY's plans and profiles (CITY DRAWING FILE NO. PW 16-15), which are made a part of this bond when said plans and profiles are approved by the City Council and filed with CITY's Engineering Division. 2. PRINCIPAL will pay all Contractors, Subcontractors, and persons renting equipment. I-F-1 Agreement No. 5421 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 limitation,the El Segundo Municipal Code ("ESMC"). 5. SURETY, for value received, agrees that no changes, extensions of time, alteration or modification of SPECIFICATIONS NO. PW 16-15, or of the obligation to be performed will in any way affect its obligation on this bond, and it waives notice of any such change, extension of time, alteration or modification of the Contract documents or of the obligation to be performed. 6. This bond consists of this instrument; the plans and specifications identified above; and the following TWO (2) attached exhibits all of which are incorporated herein by reference: A. A certified copy of the appointment, power of attorney, bylaws or other instrument entitling or authorizing the persons executing this bond to do so; and B. A certificate issued by the county clerk for the county in which SURETY's representative is located conforming with California Code of Civil Procedure § 995.640 and stating that SURETY's certificate of authority has not been surrendered,revoked,cancelled,annulled, or suspended,or in the event that it has,that renewed authority has been granted. 7. Should PRINCIPAL perform its obligations within the time allowed, PRINCIPAL's obligation will be void upon the acceptance of the performance by CITY; otherwise this obligation will remain in full force and effect. [SIGNATURES ON FOLLOWING PAGE] I-F-2 Agreement No. 5421 SIGNED AND SEALED this 15th (1zly of November . 20 17 of COnStrU00(S AmericanContractors Indemnity Company 411L ZA 7 4 S- TO ITY Attorney-in-Fact,Matthew J.Coats p ................... .......................................................................................................................................................................... .............................. PRINCIPAL's SECRETARY SURETY's SECRETARY PRINC IPAL's MAILING ADDRESS: SURETY's MAILING ADDRESS: NoHo Constructors American Contractors Indemnity Company .............................. 11012 Ventura Blvd.,Suite 1259,Studio City,CA 91604 801, S.Fig Lc 8t.,Ste, 7001,Los,Angeles,CA 90017 ................................... 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. II-B-1 Agreement No. 5421 Certificate pumuant to 995.640(a)Code of C1v11 Procedum DEAN C, (-OGA'.N- CountClark of the Countp Of ilt State of California:,in and for said County, DO HEREBY -Y THAT ed il has surely Issued al Insuraw';U(A)"musswiwi aumonmp the Insurer to transact surety insurance In ano botied on the records shown in the Depaftent of InSurai, Wg`li suvwoly rite not been surrendered,revoked,,canceled, In S 0410101q, t,t Voulvonave rip it a"CUU1 ny JOw I —i-Vto hand ano d afted the wal f COUNTYCLERK Voully ONUAY Ck* Agreement No. 5421 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. __­_11­­.­............W.,,.�. , _ _ ,...........,.. .,, .. — .. .......... _._........... .., __,.,,........... State of California ) A County of._.�...... �?.... On m before me, � �........S i ___.f A -Date �re Insert Name and Title of the fticer c personally appeared 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. KRY sTLE M.SCi•'PiIE"r^z, WITNESS my hand and official seal. NO°I'A 11Y F�L�BHC-C�4I,.iF��k�NIA c u '.a.,r COMMi,Ca;�fON 2.d,E2i:'i'w' r. ,. f LOS ANGELES COUNTY a, _ My Co, Exp.March 29,2018 Signature,.,_., _`... � mm. Signature of Notary Pu Irc..........__._ 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: ...... __... __— m. Document Date: _.. Number of Pages: Signer(s) Other Than Named Above: ................. ._ ,................... __.......,.............._ Capacity(ies) Claimed by Signer(s) ❑Corporate Officer —..Title(s): ,m _...,....._........._....... "w _. CI Corporate Officer t Titles): ... m ' ❑ Partner — 0 Limited O General El Partner I I Limited D General D Individual U Attorney in Fact Cl Individual L I Attorney in Fact O Trustee ❑ Guardian or Conservator ❑Trustee [_l Guardian or Conservator O Other: .._.. _................ ❑ Other: -. .. ....,....... Signer Is Representing: _ .._ .. ...................w.......... _._...... Signer Is Representing: m............__� .......,........... ._ .......... 02014 National Notary Association -www.NationalNotary.org - 1-800-US NOTARY(1-800-876-6827) Item#5907 Agreement No. 5421 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 before me, Summer L. Reyes,Notary Public Date Here Insert Name and Title of the Officer personally appeared Matthew J.Coats ..Name(s) of Sig..�_..._. _.,..�.__ .. ner(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 saim in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrunnent the person(s), or the entity upon behalf of which the person(s) ached, executed the inStrtanlerrt'. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph SUMMER L.REYES is true and correct. Noury Public-California WITNESS my hand and official seal. ' 4rrrngo County M Comm.Ex iraa'Jut 2--- g Commission#2156664 Signature Signature of)Notary Public Place Notary Sea/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: . Signer's Name: ❑Corporate Officer — Title(s): O Corporate Officer — Title(s): ❑Partner — ❑Limited ❑General ❑Partner — ❑Limited ❑General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ... _... ,..... ❑ Other: Signer Is Representing; _ M Signer Is Representing: ©2014 National Notary Association •www.NationaiNotary.org - 1-800-US NOTARY(1-800-876-6827) Item#5907 POWER OF ATTORNEY Agreement No. 5421 AMERICAN CDN`fRAC,"TONUEMNITY COMPANY TEXAS BONDING COMPANY UNITED SIATMSURET`Y=COMPANY U.S.SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a M aryland corpgrgtion and 1,J,S, Specialty Insurance Company, a Texas corporation (colleclively�"Companies")„ do by thesepresents snake, constitute andappoint: pint: ` - Matthew Coats or Linda D.Coats of Laguna Hills,California its true and lawfulAttomey(s)-in-fact, each in their separate capacity if more than one is named above,with full power and atuthority hel';eby conferred in its name,place and stiff, to execute,;acknowledge and deliver any and all bonds, recognizzamQConderta kings or other instruments or contracts_olE sure"iWiftclude riders, amendments, and consents of surto*ovidii't'g the bond penalty diiWad exceed - - *****Five Million***** Dollars (S **5,00b,000.00**) = This Power of Attorney shall expire without further action on November 3,2019. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved thaf the President,any Vice-President,any Assistant Vice-President, any Secretary or,ma'y^ Assisl'aani Soerctaary shall In and is hereby veswd with bail powevand a authopilyMipoint any one or more suitable persons as Attorney(s)-in-Fact to re^liresecat and act 66r.and on behalf ofthe C.onsptaaay„aa bjOct to the 1611owing provisions: A 16rney-in-F act way be iven full power and authority for and in the name of and on behal l'of iltc Company,to c:Xccutc,mAnowIcdpc aaod deliver,any and aalt bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory a'naderukinygs, including zany and aa11 coitscius for the releaw of r'c'tca'incd percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder,and any such instruments so executed by any such Attomey-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. -=Be i"csoh vel,,ttaat7th�signaturc of any authorized offitcer_ahcnn�scaT the Company heretofore or hereafter affixed to any power of attorney orany certificate ruladting dicrifjby�Eesiraree daifiy power of attorney or ciffificate bearrngMd—mile signature or facsimile seal shall be valid and binding upon the Company w_'7li respect tom