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CONTRACT 5672 Public Works Contract CLOSED Agreement No. 5672 PUBLIC WORKS CONTRACT BETWEEN THE CITY OF EL SEGUNDO AND RAMONA, INC. PW 19-23: WALNUT AVENUE SEWER LATERAL LOCATING This CONTRACT is entered into this 1 lth day of February, 2019, by and between the CITY OF EL SEGUNDO, a general law city and municipal corporation ("the City") and RAMONA, INC., a California Corporation("the Contractor"). 1. WORK. A. The Contractor agrees to perform the work listed in the SCOPE OF SERVICES, "Exhibit A", a copy of which is attached and incorporated herein by this reference. 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 Twenty- 1 our Thousand Six Hundred Dollars ($24,600) for the Work. This includes a $15,000 amount for lateral location and one pothole service, as well as a contingency amount of $9,600 for additional potholing services if necessary.The City may adjust this amount in the Contract Documents. 3. TERM. The term of this Contract will commence on February 25,2019 and will expire on December 31, 2019, unless terminated earlier pursuant to Section 4. Agreement No. 5672 4. TERMINATION. A. City may terminate this Contract at any time with or without cause. B. Contractor may terminate this Agreement at any time with City's mutual consent. Notice will be in writing at least thirty(30)days before the effective termination date. C. Upon receiving a termination notice, Contractor will immediately cease performance under this Agreement unless otherwise provided in the termination notice. Except as otherwise provided in the termination notice, any additional work performed by Contractor after receiving a termination notice will be performed at Contractor's own cost; City will not be obligated to compensate Contractor for such work. D. Should the Agreement be terminated pursuant to this Section,City may procure on its own terms services similar to those terminated. E. By executing this document, Contractor waives any and all claims for damages that might otherwise arise from City's termination under this Section. 5. PREVAILING WAGES. Pursuant to Labor Code § 1720,and as specified in 8 California Code of Regulations§ 16000,the Contractor must pay its workers prevailing wages. It is the Contractor's responsibility to interpret and implement any prevailing wage requirements and the Contractor agrees to pay any penalty or civil damages resulting from a violation of the prevailing wage laws. See Section 7-2 of the Standard Specifications. 6. DISPUTES. Disputes arising from this Contract will be determined in accordance with the Contract Documents and Public Contracts Code §§ 10240-10240.13. 7. 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. 8. TAXPAYER IDENTIFICATION NUMBER. The Contractor will provide the City with a Taxpayer Identification Number. 9. PERMITS AND LICENSES. Unless otherwise provided, the Contractor, at its sole expense, will obtain and maintain during the term of this Contract, all necessary permits, licenses, and certificates that may be required in connection with the Work. 10. OWNERSHIP OF DOCUMENTS. All documents,data,studies,drawings,maps,models, Agreement No. 5672 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. 11. 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. 12. 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. 13. 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. 14. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows: The City The Contractor City of El Segundo-Public Works Ramona, Inc. 350 Main Street 5029 Bleecker St., Suite 200 El Segundo, CA 90245 Baldwin Park, CA 91706 Attention: Lifan Xu Attention: Michael Grbavac (310) 524-2368 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. Agreement No. 5672 15. 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. 16. 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. 17. 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. 18. 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. 19.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. 20. ACCEPTANCE OF ELECTRONIC 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 electronic (.pdf) or facsimile transmission. Such electronic or facsimile signature will be treated in all respects as having the same effect as an original signature. 21. 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. 22. CAPTIONS. The captions of the paragraphs of this Contract are for convenience of reference only and will not affect the interpretation of this Contract. 23. TIME IS OF ESSENCE. Time is of the essence for each and every provision of the Contract Documents. Agreement No. 5672 IN WITNESS WHEREOF the parties hereto have executed this Contract the day and year first hereinabove written. CITY OF EL SEGUNDO Ramona, Inc. 4.e,?, &e w, e: C asanka Grbavac ' b i(-. �� a f r✓ Title: Vice President G ATTEST: Taxpayer ID No. 73-1712201 Tracy Weaver, City Clerk Contractor State License No.: 850299 A Contractor City Business License No.: 37266 APPROVED AS TO FORM: T Mark D. Hensley, City Attorney Insurance Reviewed by: ! f° yv�dv10 vk- ' Agreement No. 5672 Exhibit A Scope of Work and Informal Proposal Documents for Walnut Avenue Sewer Lateral Location Project Contractor Protect-Specific Scope +» The purpose of this project is to locate the sewer lateral pipes on the south side of Walnut Avenue between Sheldon Street and Penn Street as follows: 1. The Contractor shall use a Sonde or similar device to surface locate each lateral and provide invert depth information approximately 1.5 feet south of the sewer main centerline. 2. The Contractor shall use a Sonde or similar device to surface locate each lateral and provide invert depth information next to the curb face. 3. The Contractor shall provide the City with a spreadsheet table with the four items of suface location and depth information for each lateral. 4. The Contractor shall carefully pothole at one known lateral location along the proposed centerline route for the Walnut Avenue catch basin lateral: a. The Contractor shall contact Underground Service Alert prior to any potholing activities b. The Contractor shall protect all existing utilities encountered during excavation C. The Contractor shall excavate carefully until the sewer lateral pipe is found and the actual invert depth below grade and pipe diameter can be measured. d. Potholes shall be capped using PG 64-10 tack coat and with four inches of PG 64-10 hot mix asphalt, placed in two lifts • Alternatively, if the City requests, the Contractor shall pothole at up to four other found lateral locations at the same unit cost as the first. • The Contractor's bid shall provide for all materials, equipment,tools, labor, installation and incidentals required to entirely complete the project to the City's satisfaction including providing or installing the following: • The Contractor shall coordinate all work with City staff at least one week in advance in order for to inform residents of the imminent construction activities. • The Contractor shall prepare/protect all areas from construction debris. • The Contractor shall dispose of all construction waste/debris daily in accordance with applicable law and environmental regulations. • The Contractor shall perform the work Monday through Thursday, and every other Friday only when City Hall is open, from 7 am to 4 pm. • Contractor shall complete the work within ten(10)working days of the Notice to Proceed date. Agreement No. 5672 Contractor General Scop • If awarded the project,the successful contractor/vendor shall submit a signed City Agreement (contract) and 1. Proof of valid State Department of Industrial Resources (DIR) registration 2. Designation of Subcontractors sheet 3. Required insurance 4. Required additional insurance endorsements 5. City business license application and payment 6. Bids over$25,000 require Performance and Labor and Materials Bonds upon award. 7. Bids over$45,000 shall also be accompanied by a 10%Bid Bond upon bid submittal. • Adhere to requirements of City agreement. Prevailing wages are applicable. • Adhere to Department of Industrial Relations' (DIR) and SB 854 requirements as necessary. Information is available at l7tt.W//www.dir.ca.eov/tmblic-worlis/513854.htsllI • Contractor shall obtain a No-fee Encroachment Permit prior to construction. • Contractor shall repair/replace any property damaged during the project to City satisfaction. • Contractor shall provide City staff at least forty-eight(48)hours to answer Requests for Information or change order requests. • Contractor shall not proceed with any construction for which a change order request has been made until a Change Order Agreement or Contract Amendment has been completed if required • Five percent of the bid amount will be retained by the City until any punch list items are completed and all permits are signed off • If alternative items are requested, all project-specific-scope and general-scope requirements for protection of existing facilities, debris removal, submittal of documents, and provision of all materials, equipment,tools, labor, installation and incidentals required to entirely complete the work to City satisfaction, etc. shall also apply to the alternative items. Agreement No. 5672 5029 Bleecker St.#200 Baldwin Park,CA 91706 Ph:626-355-1350 Fax:626-355-5946 January 31,2019 To: Floriza Rivera Re: On-Call Sewer System Maintenance and Repair Services City of El Segundo Proposal for: Pothole Sewer Laterals on Walnut Ave(Sheldon St to Penn St) Ramona Inc. is pleased to submit the following proposal as outlined below: Item Descrintioat Ouanti Unit Price Total 1. Mobilization/Traffic Control 1 LS $9,500 2. Lateral Launce/Surface Locate Laterals 1 LS $5,500 3. Pothole Laterals 6 $1,600 $9,600 Total Bid $24,600 Our pricing includes all labor,material and equipment for: • Surface locate sewer laterals and pothole to locate. • Native backfill • City to clean 8"sewer main prior to work(to facilitate surface locating laterals) For further conditions and exclusions see Attachment"A". Sincerely, Michael Grbavac Ramona Inc. 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Subcontractor's Description of ontractor License Portion of Name of No.&PIR Work ? stimated$ Subcontractor Address Registration No. Subcontracted Amount Number and Street) v CSLB#) City, Zip Code) DIR#) .......... . ................_................ I � C ..... _,._............. (Make copies of this page if additional space is needed) () ��l rr r h,1,0 0 , zs- I Signature of Bidder Date Agreement No. 5672 FAITHFUL PERFORMANCE BOND WALNUT AVENUE SEWER LATERAL LOCATION BETWEEN SHELDON STREET AND PENN STREET PROJECT NO,:PW 19-14 Bond No. 1001075794 Bond Fee:$271.00 tl ('PRINCIPAL") Ramona, Inc, and U.S.Specialty insurance Comp r ya corporation incorporated tinder the laws of the State of Texas 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 TWENTY FOUR THOUSAND lawful money of the United States, which may be increased or decreased by a rider hereto executed in the same manner as this bond, for the payment of which sum PRINCIPAL and SURETY bind themselves, their successors, and assigns,jointly and severally, by this instrument. PRINCIPAL or SURETY will apply this bond for the faithful performance of any and all of the conditions and stipulations set forth in this bond,SPECIFICATIONS NO.PW 19-14,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 tile satisfaction of any damages, reclamation, assessments, penalties, or deficiencies arising by reason of such default. BOND CONDITIONS I PRINCIPAL will construct the public improvements identified in SPECIFICATIONS NO. PW 19-14, a copy of which is on file with CITY's Engineering Division ("Public Project"). Stich performance will be in accordance with CITY's plans and profiles (CITY DRAWING NO. PW 19-14) which are, inadc 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 Agreement No. 5672 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 19-14 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; B. A certificate issued by the count),clerk for the count), 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 fijll force and effect. (SIGNATURES ON FOLLOWING PAGE] I-E-2 Agreement No. 5672 SIGNED AND SEALED this 20th day of February ,20 19 1'RINCIPAL's PRESIDENTL%0 ones 1 l - act Mladen Grbavac y-' e��p lbuf VOPIAP's SECRETARY SURETY's SECRETARY Dusanka Grbavac PRINCIPAL's MAILING ADDRESS: SURETY's MAILING ADDRESS: Ramona, Inc. HCC Surety 5029 Bleecker St. 801 S. Figueroa St.,#700 Baldwin Park, CA 91706 _ ..,.. 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. 5672 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. .......... State of California County of Oranqe ) On February 20, 2019 before me, Melissa Ann Vaccaro, Notary Public (insert name and title of the officer) personally appeared Frank Morones 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. i WITNESS my hand and official seal. N i I �I uY ",l li lu ',d Vullii1 u116 Q' I GRANGE COUNTY Y LL COMI-11.E:piics may 32 Signature ") , bd.k:�,Q;-O (Seal) Melissa Ann Vaccaro Agreement No. 5672 POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY 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 U.S. Specialty Insurance Company, a Texas corporation (collectively,the"Companies"), do by these presents make, constitute and appoint: Daniel Huckabay,Arturo Ayala,Dwight Reilly,Shaunna Rozelle Ostrom Michael Castaneda or Frank Morones of Orange,California its true and lawful Attorneys)-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,recognizances,undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed **,k•***`Twenty Million Dollars (S '120,000,000.00", ), This Power of Attorney shall expire without further action onNovembet-3,200, This Power of Attorney is, granted under and by authority of the following resolutions adopted by tile Boards of Directors of the Companies: Be it Resolved, that the 1'1resident,any Vice-President,any Assistant Vice-President, any Secwtary or any Asm.Aant Secretary shall be and is licrehy vested wids full power and authority to appoint any one or more suitable persons as Attorney(s)-in-I`aa:t to represent rind act for and on behall'ofthe ConlPaiiy sul)r1ccl,to the follo%%iing provisions: Atforney-sn-fact niay'he given loll power and authority for And in llwc nanic or and oTs bdhalf(q'the Company,to execute,ar,I rtikor Cedgc and dchvcr,an) and all tccognuanccs, contracts, agreQnicitus of niderl'inity and other conditional w obfigiaor), inchafilig ally anddl consents I'm, ojo relc.ase gat rviainp.sd pervoluages nnc[4)w final oqlniaWs Will vighlecring arid wilsiluctioll conuacks,and any and aH notices and documents canceling(1i tvmn�natiiig IJIV, S liaaliiiary thcrcunder.and any such instrurnents in executed'>y an,,,such Allolficy-in-17act shalt 111ndin,upon the Company is if siuiiuxj by'the i,iesident a(tki SCllrtUd 441d Cflt;Cjk'ti by the Corporate Secretary Be it Resolved, that the signature of any authorized officer and sea[of the Company heretokire of hereafter affried to any po%wr of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or licsimile sea]shall be valid and binding upon the Company with wspcct to any bond or undertaking to which it is attached IN WITNESS WHEREOF,The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this I st day of November,2016. AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY Corporate Seals UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY Alll��19�r 6t,", By- Daniel P. Iguli Aa r;,;Vi:c2op�rem L;_t ............... �A notary public or other officer completing this certificate verifies only the identity of the individual who signed the I docunwnt'to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of Los Angeles SS: On this Ist day of November,2016, betore 111c,Sabina morgelwein,a notary public, personally appeared Daniel 11.Aguilar,Vice Vrvsrdpni of American Contractcm-, indemnity Company,Texas Bonding Compiriv,United State, Surcly Crompany and U-S,Specially Insurailec Corlipiri),who provvd to me on the basis of safisilactory evidence to be the persion whose name is subscribed to the within instripment and ncknoNAcdged to ine that lie cxcemed the same in his authorized capacity,and that by his signature on the instrument the person,or the entity upon behalf of which the person 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 official seal. -- ---- - -- - - - rA SABINA MORGENSTEI!N Signature Seat) Commission#2129250 ...... Notary Public-California Los Angeles County My Comm,Ewlres Now 3.20119 1, 1�,�''� ,1j,,I ,1111 W,1111 ............ 1,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 force and effect. In Witness Whereof,I have hereunto set my hand and affixed the seals of said Companies at Los Angeles,California this 20th day of Februar, y 2019 Corporate Seals ...... ....... ........... Al 7- 7 Bond No. BBSU V Kio Lo,Assistant Secretary w Agency No. 8472 ............ ......_....... Agreement No. 5672 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed ,the document to which this certificate is attached, and not the truthfulness, accuracy,or validity of that document. STATE OF CALIFORNIA } COUNTY OF Los Anqeles } On 02/22/2019 before me, Debora Elizabeth Echeverria Notary Public, Date (here insert name and title of the officer) personally appeared Dusanka Grbavac 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 lin 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. WITNESS my hand and official seal. w�s, a CDE'BORA ELIZABETH ECt�EVERRIA # Notary Public.Caliiornpa "' �` Los Angeles county > Commission tM 22348'8'8 "`""'g My Comm,Expires Mar 98"2022 j e IAJ Signatur : (5r1 OPTIONAL Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Other: 4 1.,...,��,a�.i. . '4.. w �r~z.......)� ... ...m.,... �.... . ..�. .d.... 1M4...{,....tq .....i�. .. .........N......, ,4.......�.... ... .,.4..t � .........�.. �......."w .. ...... ...... Agreement No. 5672 PROPERTY RECORDS HUGH NGUYEN BIRTH AND DEATH RECORDS p CLERK-RECORDER MARRIAGE LICENSES/RECORDS PASSPORTS FICTITIOUS BUSINESS NAMES NOTARY REGISTRATION ORANGE COUNTY ARCHIVES CERTIFICATE OF ADNll'1"'111) SURETY INSURER Certificate pursuant to 995.640(a)Code of Civil Procedure State of California County of Orange I, Hugh Nguyen, County Clerk-Recorder of the County of Orange, State of California, in and for said County, DO HEREBY CERTIFY THAT _U.S. SPECIALTY INSURANCE COMPANY has been issued a Certificate of Authority as an Admitted Surety Insurer by the State of California Insurance Commissioner who authorized the Insurer to transact Surety Insurance in the State of California and that based on the records in this office, that authority has not been surrendered, revoked, cancelled, annulled or suspended. In Testimony Whereof, I execute this certificate and have hereunto set my hand and affixed the seal of said County this 21 st day of February, 2019. Hug_li Nguyen, Orange County Clerk-1� order � adia Al Ol�aid), 1.)e trt ' Clerk-Recorder 4 �'w""" NORTH COUNTY BRANCH OFFICE ORANGE COUNTY SOUTH COUNTY BRANCH OFFICE HISTORIC DOWNTOWN FULLERTON HALL OF RECORDS LAGUNA HILLS CIVIC CENTER 201 N. HARBOR BOULEVARD 12 CIVIC CENTER PLAZA, ROOM 101 24031 EL TORO ROAD FULLERTON, CALIFORNIA 92832 SANTA ANA, CALIFORNIA 92701 LAGUNA HILLS, CALIFORNIA 92653 (714) 834-2500 • FAX (714) 834-2675 • WWW.00RECORDER.COM • WWW.00ARCHIVES.COM Agreement No. 5672 LABOR AND MATERIALS BOND WALNUT AVENUE SEWER LATERAL LOCATION BETWEEN SHELDON STREET AND PENN STREET PROJECT NO.: PW 19-14 Bond No. 1001075794 Bond Fee: Included in performance bond Ramona Inc. as principal ("PRINCIPAL") and U.S. Specialty Insurance Company a corporation incorporated under the laws of the State of Texas 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 TWENTY FOUR THOUSAND Dollars ('$24,200.00), 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 WALNUT AVENUE SEWER LATERAL LOCATION BETWEEN SHELDON STREET AND PENN STREET RIVE, SPECIFICATIONS NO. PW 19-14 ("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 19-14, 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 19-14), 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. 5672 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 19-14,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 cedifieate issued by the county clerk for the county in which SURETY's representative is located conforming with California Code ofCivil Procedure § 995.640 and stating that SUItETY'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 frill force and effect. [SIGNATURES ON FOLLOWING PAGE] p� f I u I-F-2 Agreement No. 5672 SIGNED AND SEALED this 20th day of February 2019 Ramona, Inc. U.S.VSecJ,,Itx insurance Company S -rY ,tj, , C I )lk SIDE I n �'r'alnk'%Yor'ones,�ttorn NTFacl 15'Ve F ey-ul- PRINCI L's SE SURETY's SECRETARY Dusanka Grbavac PRINCIPAL's MAILING ADDRESS: SURETY's MAILING ADDRESS: Ramona, Inc. HCC Surety 5029 Bleecker St. 801 S. Figueroa St.,#700 Baldwin Park,CA 91706 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-F-3 Agreement No. 5672 ACKNOWLEDGMENT i 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 Oranqe ) On February 20, 2019 before me, Melissa Ann Vaccaro, Notary Public (insert name and title of the officer) personally appeared Frank Morones 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. WITNESS my hand and official seal. , L 1 Signature �" (Seal) Melissa Ann Vaccaro Agreement No. 5672 POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY 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 corporation and U.S. Specialty Insurance Company, a Texas corporation(collectively,the"Companies"), do by these presents make, constitute and appoint: Daniel Huckabay,Arturo Ayala,Dwight Reilly,Shaunna Rozelle Ostrom Michael Castaneda or Frank Morones of Orange,California 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,recognizances,undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed "Twenty Million Dollars (S_ '120,000,000.0011 ). 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, that the President,any Vice-President,any Assistant Vice-President,any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomev(s)-in-Pact to represent and act for and on behalf of the Company subject to the following provisions Attorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company,to execute,acknowledge and deliver,any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, 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 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 and seat of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attomey or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached IN WITNESS WHEREOF,The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this 1st day of November,2016. AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY Corporate Seals UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY , y y B Daniel g tilalVic e Presticnt �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 Los Angeles SS: On this 1st day of November,2016, before me,Sabina Morgenstein,a notary public, personally appeared Daniel P.Aguilar,Vice President of American Contractors Indemnity Company,Texas Bonding 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 instrument the person,or the entity upon behalf of which the person acted,executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ;. SABINA MOIRCENSTEIN r Commission#t 2129258 Signature ,�,,,,,,,,,, (Seal) �1 Notary Public-California Los Angeles County Mr Comm,Eimires N'ov 3°2018 wuy iim i o 1,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 force and effect. In Witness Whereof,I have hereunto set my hand and affixed the seals of said Companies at Los Angeles,California this 20th day of Fcbruary 2019 . Corporate Seals �P�� w i�� wi`;"n""n,','•• w Kio Lo,Assistant Secretary Bond No. BBSU "" y a , 14 4. r, Agency No. .8472 Agreement No. 5672 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness,accuracy,or validity of that document. STATE OF CALIFORNIA } COUNTY OF Los Angeles } On 02/22/2019 before me, Debora Elizabeth Echeverria Notary 'Public, Date (here insert name and title of the officer) personally appeared Dusanka Grbavac & Mlaclen Grbavac Q 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. l I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. a WITNESS my hand and official seal. ""ORA ELIZABETH ECHEVERRIA Notary Public-California Los AnBelts County , COMMi$sron#2234888 My COMM.Expires Marf18,2022 Signature: � �� (Seal) OPTIONAL Description of Attached Document i Title or Type of Document: Number of Pages: Document Date: Other: 9lp 111 k Gill S,;rvjcQ, Nolvmd, t%w� w�,','1"a'NN,Qj @ vN ...,..,..............�,,,�..,�,_. ...................- ma............. Agreement No. 5672 PROPERTY RECORDS HUGH NGUYEN BIRTH AND DEATH RECORDS CLERK-RECORDER MARRIAGE LICENSES/RECORDS PASSPORTS FICTITIOUS BUSINESS NAMES NOTARY REGISTRATION ORANGE COUNTY ARCHIVES CERTIFICATE OF ADMITTED SURETY INSURER Certificate pursuant to 995.640(a)Code of Civil Procedure State of California County of Orange I, Hugh Nguyen, County Clerk-Recorder of the County of Orange, State of California, in and for said County, DO HEREBY CERTIFY THAT U.S. SPECIALTY INSURANCE COMPANY has been issued a Certificate of Authority as an Admitted Surety Insurer by the State of California Insurance Commissioner who authorized the Insurer to transact Surety Insurance in the State of California and that based on the records in this office, that authority has not been surrendered, revoked, cancelled, annulled or suspended. In Testimony Whereof, I execute this certificate and have hereunto set my hand and affixed the seal of said County this 21st day of February, 2019. HuglZy n, Orange County Clerk-Rec 9- PI 60 Na lia Al Oba)di, Deputy Clerk-Recorder NORTH COUNTY BRANCH OFFICE ORANGE COUNTY SOUTH COUNTY BRANCH OFFICE HISTORIC DOWNTOWN FULLER TON HALL OF RECORDS LAGUNA HILLS CIVIC CENTER 201 N. HARBOR BOULEVARD 12 CIVIC CENTER PLAZA, ROOM 101 24031 EL TORO ROAD FULLERTON, CALIFORNIA 92832 SANTA ANA, CALIFORNIA 92701 LAGUNA HILLS, CALIFORNIA 92653 (714) 834-2500 • FAX (714) 834.2675 • WWW.00RECORDER.COM • WWW.00ARCHIVES.COM