HomeMy WebLinkAboutCC RESO 92-6RESOLUTION NO. 92-6
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NATIONAL CITY DECLARING GRAFFITI PREVENTION SYSTEMS
TO BE THE LOWEST RESPONSIVE BIDDER AND
AUTHORIZING THE MAYOR TO EXECUTE AN
AGREEMENT WITH GRAFFITI PREVENTION SYSTEMS FOR THE
GRAFFITI ABATEMENT PROGRAM
(Specification No. 9045)
WHEREAS, the Building and Safety Department of the City of National
City did in open session, on December 6, 1991, publicly open, examine and declare all
sealed bids for the Graffiti Abatement Program, Specification No. 9045.
NOW, THEREFORE, IT IS HEREBY RESOLVED, that the City Council
of the City of National City hereby awards the contract for the Graffiti Abatement
Program to the lowest responsive bidder, to wit:
GRAFFITI PREVENTION SYSTEMS
BE IT FURTHER RESOLVED by the City Council of the City of
National City, California that the Mayor is hereby authorized to execute on behalf of the
City, a contract between Graffiti Prevention Systems and the City of National City to
provide for the Graffiti Abatement Program, Specification No. 9045, in accordance with
the Building and Safety Department Plans and Specifications.
PASSED and ADOPTED this 7th day of January, 1992.
Asz-
George H. aters, Mayor
ATTEST:
jj
l� l.. CA,„, A• e 2 A -
Lor Anne Peoples, City Cler
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
AGREEMENT
THIS AGREEMENT, dated the 31st day of January 1992, in
the County of San Diego, State of California, by and between the
City of National City, California (hereinafter referred to as
"CITY", and Graffiti Prevention Systems
(hereinafter referred to as "CONTRACTOR").
W I T N E S S E T H:
That the CITY and the CONTRACTOR, for the consideration
stated herein, agree as follows:
1. The complete contract includes all of the Contract
Documents, including the Notice Inviting Sealed Bids, Information
for Bidders, Bid Form, Designation of Subcontractors,
Contractor's Plans, Certificate Regarding Workers' Compensation,
Noncollusion Affidavit, Performance Bond, Payment Bond, Insurance
Certificates, General Conditions, Special Conditions, this
Agreement,
and all modifications and amendments thereto, by this reference
incorporated herein. The Contract Documents are complementary,
and what is called for by any one shall be as binding as if
called for by all.
2. CONTRACTOR shall perform within the time set forth in
Paragraph 4 of this Agreement everything required to be
performed, and shall provide and furnish all the labor,
materials, necessary tools, expendable equipment, and all utility
and transportation services as described in the complete Contract
and required for construction of the project known as:
GRAFFITI ABATEMENT PROGRAM - Specification No. 9045
All of said work to be performed and materials to be
furnished shall be completed in a good workmanlike manner in
strict accordance with the general and special conditions and
provisions of the complete Contract as hereinabove defined and in
accordance with the Work Program submitted by the Contractor.
The CONTRACTOR shall be liable to the CITY for any damages
arising as a result of a failure to fully comply with this
obligation.
Agreement - Page 1
3. CITY shall pay to the CONTRACTOR, as full consideration
for, the faithful performance of the Contract, subject to any
additions or deductions as provided in the Contract Documents,
the sum of One Hundred Twentv-Five Thousand One Hundred Twentv-Four and no/100
Dollars ($ 125,124.00 ) , said sum being the total amount of
the following amounts stipulated in the proposal:
Base Bid . $ 125,124.00
Alternate No. $ -U-
(all Alternates selected shall be listed)
4. The work shall be commenced on or before the date
stated in the CITY'S Notice to Proceed and shall be completed
within three hundred sixty-five (365) consecutive calendar days
from and after the date stated in the Notice to Proceed. Said
Notice shall be issued within ten (10) calendar days after the
award of the Contract, and shall require that Work be commenced
on or before ten (10) calendar days from the date of issuance of
said Notice.
5. Time is of the essence. If the work is not completed
in accordance with paragraph 4 above, it is understood that the
CITY will suffer damage. It being impractical and infeasible to
determine the amount of actual damage, in accordance with
Government Code Section 53069.65 it is agreed that CONTRACTOR
shall pay to CITY as fixed and liquidated damages, and not as a
penalty, the sum(s) as stated in paragraph 22 of Information for
Bidder's for each calendar day of delay until Work is completed
and accepted. This amount shall be deducted from any payments
due to or to become due to CONTRACTOR. CONTRACTOR and
CONTRACTOR'S Surety shall be liable for the amount thereof. Time
extensions may be granted by the CITY as provided in Article 62
of the General Conditions.
6. CONTRACTOR agrees to and does hereby indemnity and hold
harmless the CITY, their officials, agents and employees/
volunteers from all damages, costs or expenses in law or equity
that may at any time arise or be set up because of damages to
property, or of personal injury received by reason of or in the
course of performing work, which may be caused by any willful or
negligent act or omission by the Contractor or any person, firm
or corporation employed by the Contractor upon or in connection
with the Work called for in this Contract. The CITY, their
officials, agents and employees/volunteers will not be liable for
any accident, loss or damage to the Work prior to its completion
and acceptance.
Agreement - Page 2
7. If either party hereto becomes involved in litigation
arising out of this Contract or the performance thereof, the
court in such litigation, or in a separate suit, shall award
reasonable costs and expenses, including attorneys fees, to the
party justly entitled thereto. In awarding attorney fees, the
court will not be bound by any court fee schedule. but shall, if
it _is in the interest of justice to do so, award the full amount
of costs, expenses, and attorney fees paid or incurred in good
faith.
8. CONTRACTOR shall take out, prior to commencing the
work, and maintain, during the life of this contract, and shall
require all subcontractors, whether primary or secondary, to take
out and maintain insurance coverage as required in Articles No.
16 through 19 of the General Conditions and as follows:
General Liability Insurance for
injuries including accidental death.
to any one person in an amount not
less than:
$1 200 000.00
Insurance Covering Special Hazards: Following special
hazards shall be covered by rider or riders to above-
aentioned general liability and property damage insurance
policy or policies of insurance, or by special policies of
insurance in amounts as follows:
Vehicles and/or material hoist
(non -owned as well as owned)
where used or operated:
$1i000.000.00
9. Required number of executed copies of the Agreement.
the Contractor's Certificate, the Performance Bond, and the
Payment Bond and Insurance Certificates is six (6).
10. Pursuant to Section 22300 of the Public Contract
Code. this Contract permits the substitution of securities
for any monies withheld by a public agency to ensure
performance under this Contract. At the request and
expense of the CONTRACTOR, securities equivalent to the amount
Agreement - Page 3
withheld shall be deposited with the public agency, or with a State or
Federally chartered bank as the escrow agent, who shall then pay such
monies to the CONTRACTOR. Upon satisfactory completion of the Contract,
the securities shall be returned to the CONTRACTOR
Securities eligible for investment under this section shall include those
listed in Section 16430 or bank or savings and loan certificates of deposit.
The CONTRACTOR shall be the beneficial owner of any securities
substituted for monies withheld and shall receive any interest thereon.
11. it CONTRACTOR is a corporation, the undersigned hereby repre-
sents and warrants that the corporation is duly incorporated and in good
standing in the State of California ,and that Shirley M. Garrett
whose title is President is authorized to act for
and bind the corporation.
12. Each and every provision of law and clause required by law to be
inserted In this Contract shall be deemed to be inserted herein and the
Contract shall be read and enforced as though it were included herein, and
if through mistake or otherwise any such provision is not inserted, or is
not currently inserted, then updn application of either party the Contract
shall forthwith be physically amended to make such revision.
13. The complete Contract as set forth in paragraph 1 of this Agree-
ment constitutes the entire Agreement of the parties. No other agree-
ments, oral or written, pertaining to the work to be performed under this
Contract, exists between the parties. This Contract can be modified only
by en agreement in writing, signed by both parties and pursuant to action
of the city council.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed.
(Signature of CITY) Signature qt CONTRACTOR)
(Corporate Sea'.
of CONTRACTOR
it corporation) Contractor's Business License No.
Contractor's License No. 57� 167 a Class C C-61 /D-38
Agreement - Page 4
t.
CITY OF NATIONAL CITY
PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT
Persons requesting use of City property, facilities or
personnel are required to provide a minimum of $1 Billion
combined single limit insurance for bodily injury and property
damage which includes City as additional insured and to sign
the Hold Harmless Agreement. Certificate of Insurance must be
attached to this permit.
Organization CR.4+FF,r, Jgn/rsm,✓ c5 . 075
Person in charge of activity
eo
Address P/i?G b,,0„4 211,441444
G
hone" i'i
City facilities and/or property requested sf]'`i$iec _o ( t42,t,(
_ 23.1 a? J op_u%.b. 3_1
Date(s) of use
HOLD HARMLESS AGREEMENT
The undersigned hereby agree(s) to hold the City of National
City, its officers, agents, employees and volunteers harmless
and indemnify the City of National City, its officers, agents,
employees and volunteers from and against all claims,
demands, costs, losses, damages, injuries, litigation and
liability arising out of or related to the use of public
property by per•tee or permittee's agents, employees or
contractors.
ignature icant
Official Title Date'
Certificate of Insurance approved by
FEB-12-'06 12:17 ID:UNITED AGY PASADENA TEL NO:616 577 1346
fl813 P02
ORURO
UNITED AGENCIES INC.
350 WEST COLORADO BLVD. #220
2L11/92
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED Dy THE
POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
PASADENA CA 91105 meow
(818)796-9900 LETTER
COMPANY
LETTER
HI PRESSURE SYSTEMS INC AND
GRAFFITI PREVENTION SYSTEMS
PO BOX 3308
GRANADA HILLS CA 91344
A
ZURICH—AMER/CAN INS GROUP
comPANY
wiles •••
ZURICH—AMERICAN INS GROUP
00mPoWY n
LETT" — FREMONT COMPENSATION
COMPANY
LErTmA a-
LTR
. . • • • . • • . ":• • • . . „
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE USTED BELOW NAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD
INDICATED, NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE FoUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDMoNs OF SUCH POUciEs. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
TYPE OF IMILIRAME
POLICY IRONER
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8/01/91 : 8/01/92 !GeasAAL AGGREGATE 410001000
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PLSOSSAL LIASIUTY ! CP06590484
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01/110 —"LH EMPLOY= ; .10 0 0 f 0 0 0
oBscommor op GessAncommosARONINsteLswiPsolAL mum
ALL OPERATIONS OF THE INSURED
*EXCEPT 10 DAYS FOR NON PAYMENT OF PREMIUM
SPEC #9045
.... .........
CITY OF NATIONAL CITY
ATTN—M HOUSE—BLDG & SAFETY DPT
140 E 12TH STREET
NATIONAL CITY CA 92050
LEFr,
AlitAXte
T M
. .
DO(F)
PP COSPbRiktioN090
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EALThh PERFGRMdNL _11Wi4
'NOW ALL PERSONS BY THESE PRESEi TS: PreemiumPriu 031 00
: $1,564.00
• ' Executed in Duplicate
THAT WHEREAS, the City Council of National City, California (hrroinafter
referred to as 'CITY'), by Resolution No. 9_ , awarded to
Graffiti Prevention Systems
thereinafter referred to es the 'Principal`), the Contract for the work
described as follows: GRAFFITI ABATEMENT PROGRAM - Soec. 110. 9045
AND WHEREAS, said Principal is required under the terms of said Contract
to furnish s bond for the faithful performance of said Contract.
NOW, THEREFORE, we the undersigned Principal and Surety are held end
firmly bound to the CITY, in the sum of Twelve Thousand Five NNE Hundred Twe1v
12,512.40 and 40/100.
($ ��.. ) (this amount being not less than ten percent
110 *] of the total bid price of the Contract awarded by the CiTY to the
Principal), lawful money of the United States of America, for payment of
which sum well end truly to be made, we bind ourselves, our heirs,
executors, administrators end syccessors, jointly end severally, firmly by
these presents.
THE CONDITION OF THIS OBLiGATION IS SUCH THAT, if the hereby bonded
Principal, its heirs, executors, administrators, successors, or assigns,
shall 1n all things stand to and abide by and well and truly keep and
perform all the undertakings, terms, covenants, conditions, and
agreements in the said Contract and any alteration thereof, made as
therein provided, including, but not limited to, the provisions :regarding
Contract duration and Liquidated damages, all within the time and in the
manner therein designated in ail respects according to their true intent
and meaning, then this obligation shall become null end void; otherwise it
shalt be in full force and effect.
Asa condition precedent to the satisfactory completion of the Contract,
the above obligation shall hold good for a period of one (I) year after the
acceptance of the Work by the CiTY, during which time if Principal shall
fail to make full, complete, and satisfactory repair and replacements and
totally protect the CITY from loss or damage made evident during the
period of one (1) year from the date of acceptance of the Work, and
resulting from or caused by defective materials or faulty workmanship,
the above obligation in penal sum thereof shall remain in full force and
effect. However, nothing in this paragraph to the contrary notwith-
standing, the Obligation of Surety hereunder shall continue so long as any
obligation of Principal remains.
Faithful Performance Bond - Page 1
SENT BY:3RAF-COAT 6: 1-17-92 2:30PM : 8i86944896-)
Whenever Principal shall be, and is declared, by the CITY to be, In default
underndo Contract, the
promp promptly efthergperformed the remedy the default, ss hall:
there Y
I. Complete the Contract in accordance with its terms and conditions; or
2. Obtain a bid or bids for completing the Contract in accordance with
Its terms end conditions, and upon determination by Surety Of the
lowest responsible bidder, arrange for a Contract between such bidder
and the CITY, and make available es Work progresses (even though
there should be a default or successions of defaults under the
Contract or Contracts of completion arranged under this paragraph)
sufficient funds to pay the cost of completion less the balance of the
Contract price, but not exceeding, including other costs and damages
for which Surety may be liable hereunder, the amount set forth In the
first executory paragraph hereof. The term 'balance of the Contract
price' es used in this paragraph shall mean the total amount payable
to the Principal by the CITY under the Contract end ant modification
thereto, less the amount previously and properly paid by the CiTY to
the Principal
Surety expressly agrees that the CITY may reject any Contractor or
subcontractor which may be proposed by Surety in fulfillment of its
obligations to the event of default by the Principal.
Surety shall not utilize Principal in completing the Contract nor shall
Surety accept a bid from Principal for completion of the Work if the CITY,
when declaring the Principal in default, notifies Surety of the CITY's ob-
jection to Principal's further participation in the completion of the Work.
No right of action shall accrue on this bond to or for the use of any person
or corporation other than the CITY named herein or the successors or
assigns of the CITY. My suit under this bond must be instituted before the
expiration of two (2) years from the date on which final payment under the
Contract falls due or is made.
FURTHER, the said Surety, for value received, hereby stipulates and agrees
that no change, extension of time, alteration or modification of the.
Contract Documents, or of the Work to be performed thereunder shall in
any way affect its obligations on this bond; and it does hereby waive
notice of any change, extension: of time, alteration or modification of the
Contract Documents or of Work to be performed thereunder.
:# 6
Fp+thful Pe"frrr+s"•F - Page 2
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State of
• County of
California
Los Angeles
t,rt 01/28/92
DATE
before me, ReAna D. Williams, Notary Public
NAME. TITLE OF OFFICER - E.G..'JANE DOE. NOTARY PUBLIC'
personally appeared Shirley M. Garrett
NAME(S) OF SIGNERS)
®cpersonally known to me - OR - ❑ 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 ac-
knowledged 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.
Witness my hand and official seal.
OFFICIAL SEAL
KE ANA D. WILLIAMS
NOTARY PUBLIC OALIFORNIA
PRINC'°Ai OFFICE IN
LOS ANGELES COUNTY
x0;rc•- 1J<9v a 1991
?im42WcuIwSIGN TUBE OF NO
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL(S)
Eit CORPORATE President
OFFICER(S)
TITLE(S)
❑ PARTNER(S)
❑ ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ SUBSCRIBING WITNESS
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSONS) OR ENTITY(IES)
Graffiti Prevention Syste
ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this cert)bcate to unauthorized document.
THIS CERTIFICATE
MUST BE ATTACHED
TO THE DOCUMENT
DESCRIBED AT RIGHT:
Title or Type of Document
Number of Pages Date of Document
Signer(s) Other Than Named Above
1-PURPOSE ACKNOWLEDGMENT
1
11
n
THIS CERTIFICATE
MUST BE ATTACHED
TO THE DOCUMENT
DESCRIBED AT RIGHT:
State of CALIFORNIA
County of LOS ANGELES r
on JAN 17 199L
DATE
personally appeared
O 1991 NATIONAL. NOTARY ASSOCIATION • 8236 Rommel Ave. • P.O. Box 7184 • Canoga Park, CA 91304.7184
1 IMINf line tdPJCPl9S eT ;surety; _
before me, KEANA D. WILLIAMS, NOTARY PUBLIC
NAME. TITLE OF OFFICER • E.G..'JANE DOE, NOTARY PUBLIC'
WILLIAM J. SHUPPER
NAME(S) OF SIGNER(S)
xfil personally known to me - OR - ❑ 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 ac-
knowledged 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.
Witness my hand and official seal.
L/f1414 )
SIGNAT E OF NOTARY
NO 209
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL(S)
❑ CORPORATE
OFFICER(S)
TITLE(S)
❑ PARTNER(S)
ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ SUBSCRIBING WITNESS
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY)IES)
AMERICAN MOTORISTS
INSURANCE COMPANY
10to.:)
ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized document.
Title or Type of Document
• BOND
Number of Pages
Signer(s) Other Than Named Above
Date of Document
e 1991 NATIONAL NOTARY ASSOCIATION • 873P Remora Ave . p 0
• •d• Canoga Park CA o'p
:ts 7
T
BY:GRAD-COAT
• IN WITNESS WHEREOF, two (2) Identical counterparts
�r►rtOrl�tr�listhereo�t, instrument,
each of Which shall for all purpose have
been duty executed by the Principal � the name named therein, on and the
each
and corporates
dey of
corporate party being hereto affixed an��^orisei of Its governing body. Its•
undersigned representative pursuant toY
6: 1-17-92 2:31PM : 81889446969
(SEAL AND NOTARIAL
ACKNOWLEDGEMENT OF
PRINCIPAL AND SURETY)
Graffiti Prevention S stems
Princlp -1
American Motorists Insurance Com an
Surety
By
(Mail_in g address of Surety)
ttorney'in-Fact
illiam J. Shupper
(Attach Attorney -in -Fact Certificate and Required Acknowledgments)
NDate ofbond
one year bone mye a raf
tnot er fterb
e prior to date of Contract. Bonds shall be
• releasedcompletion and acceptance of the Work and
upon written request from the Contractor,
Feithful Performs r
SENT BY:GRAF-COAT
6; 1-17-92 2:31PM
8i68944896-) ; # e
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the City Council of Nation92 City, California thereinafter
January 7,
referred to as'CITY'), by Resolution No......:-.— , Pss8ed
Graffiti Prevention Systems
1 qsZ, has awarded to thereinafter referred to as the *Principal'), the Contract for thr work
described se follows: GRAFFITI ABATEMENT PROGRAM - Spec. No. 9045
AND WHEREAS, said Principal is required by Division 3, Part iV, Title XV,
Chapter 7 (commencing at Section 3247) of the California Civil Code to
furnish a bond in connection with said Contract.
NOW, THEREFORE, we the undersigned Principal and
American Motorists Insurance Company as Surety, are held and firmly
Thirty One Thousand Two Hundred
bound unto the CiTY in the penal sum of 31, 2s 1. oo _ ),lawful
Ei ht One and no/100 Qoliars �=
money of the United States of America, for the payment of which sum well
and truly to be made, we bind ourselves, ointlysnd�saveratly firmly by
ors,
sdmtnistrators, successors and assigns,
these presents.
THE CONDITION OF THIS OBLIGATION 15 SUCH THAT, if said Principal, its
heirs, executors, administrators, successors, or assigns, or a
subcontractor shalt fail to pay any person or persons named in Civil Code
Section 3181 or fail to pay for any materiais,' provisions, or other
supplies, used in, upon, for, or about the performance of the Work
Contracted to be done, or for any work or labor thereon of any kind, or for
amounts due under the Unempioymefail to �duc�te�wi�1> respect pay over
work
or labor thereon of any kind, or shall
to the Employment Development Department, any amounts required to be
deducted, withheld, and paid over by Section 13020 of the Unemployment
Insurance Code with respect to work and labor thereon of any kind, then
said Surety will pay for the same, in or to an amount not exceeding the .
amount hereinabove set forth, and also will pay in case suit is brought
won this bond, such reasonable attorney's fees es shell be fixed by the
court, awarded and taxed as provided in Division 3, Part IV, Title XV,
Chapter 7 (commencing at Section 3247) of the California Civil Code.
This bond shalt inure to the benefit of any of the persons named in Section
3181 of the California Civil Code, so as to give a right of action to such
person or their assigns in any suit brought Upon this bond.
Pavmant Pn*" - D eA 1
3SM 774 031 00
Premium included in
Performance Bond
Executed In Duplicate
•r
_SENT BY: GRAF-COAT 6: 1-17-9z e: xrri .
It is further stipulated and agreed that the Surety of this bond shall not e
o
exonerated or released from the obligation of the bond by any 9
extension of time for performance, addition,
�# ons alteration
�tioemeatoperteining tion for
to, or of any contract, plans, spec agreement
relating to any scheme or work of Improvement hereinabove described. or
pertaining or relating to the furnishing of labor, materials, or equipment
therefore, nor by any change or modification of any terms of payment
r
extension of time for any payment pertaining or relating to any
rescission or
e or
work of improvement hereinabove described, nor boyany r bond, nor by any
attempted rescission. of the Contract, sgr
Conditions precedent or subsequent in the bond attempting to limit the
right of recovery of claimants otherwise � ins � �y �� ��ticed
such Contract or agreement or under
by any person other than the claimant seeking to recover on the bond end
that this bond be construed most strongly against the Surety and in favor
of ell persons for whose benefit such bond is given, end under no
circumstances shall Surety be released from liability to those for whose
benefit such bond has been given, by reason of any breach of Contract
between the CITY and original Contractor or on the part of any obligee
named in such bond, but the sole conditions of recovery shall be that
claimant is s person described in Section 3110 and 3112 of the California
Civil Code, and his not been paid the lull amount of its claim and that
Surety does hereby waive noticetaherein mentionege, extension of time,
• addition, alteration or modification
Any claims under this bond may be addressed to :
an ny(Neme & address of Surety)
7470 N. Figueroa, LA., CA. 90041
Lou Jones & Associates (Name & address of agent or
. representative in California,
if different from above)
(213) 257-8291 (Telephone number of Surety,
or agent or representative in
California
Payment Bond - Page 2
��+ S`+w>V�ti�s-�\�\^+S\�\G CC�CG�Gt\n•�S��GS`C •) •• \fin..•NO 209
ALL-PURPOSE ACKNOWLEDGMENT
State'of CALIFOBNIA
County of LOS ANGELES
m 'JAN 17 192 before me, REAM D. WILLIAMS, NOTARY PUBLIC
DATE NAME. TITLE OF OFFICER - E.G..'JANE DOE. NOTARY PUBLIC'
personally appeared J. SHUPPER
NAME(S) OF SIGNER(S)
x personally known to me • OR - Q
OFFiC!AL SEAL
KE ANA D. WILLIA';
LTAPY POP:: C CAI(;.,_
vclhC:�_:JrOir.
LOS -..' FEES CC
mrr-s,y Err:— k,..
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 ac-
knowledged 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.
Witness my hand and official seal.
' h1 BONA OF NOTA
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL(S)
❑ CORPORATE
OFFICER(S)
TITLES)
Q PARTNER(S)
ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ SUBSCRIBING WITNESS
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSONS) OR ENTITY(IES)
AMERICAN MOTORISTS
INSURANCE COMPANY
11 (44z)I
ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized document.
THIS CERTIFICATE
MUST BE ATTACHED
TO THE DOCUMENT
DESCRIBED AT RIGHT:
Title or Type of Document
Number of Pages
Signer(s) Other Than Named Above
BOND
Date of Document
ALL-PURPOSE ACKNOWLEDGMENT
•1
State of California
County of Los Angeles
Oh 01/28/92
DATE
before me,
C 1991 NATIONAL NOTARY ASSOCIATION • P?3€ 0 'n" ' Ave. • P.ORP, r' P! • Canoga a Par. CA A, 3nA '.
KeAna D. Williams, Notary Publiq
NAME. TITLE OF OFFICER - E.G..'JANE DOE. NOTARY PUBLIC'
personally appeared Shirley M. Garrett
NAME(S) OF SIGNER(S)
Dpersonally known to me - OR - CI 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 ac-
knowledged 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.
Witness my hand and official seal.
OFFICIAL SEAL
KE ANA D. WILLIAMS
NOiARY PRINCkPAi, OFFICE IN
C NIA„
SOS ANGELES COUNTY
My Comfmssfon taplres May 6. 1994
(ft fio, uj kW
-)
SIG TURF F OTARY
\
CAPACITY CLAIMED BY SIGNER
O INDIVIDUAL(S)
17CORPORATE President
OFFICER(S)
TITLE(S)
PARTNER(S)
❑ ATTORNEY -IN -FACT
Q TRUSTEE(S)
❑ SUBSCRIBING WITNESS
Q GUARDIAN/CONSERVATOR
fl OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
Graffiti Prevention Syste
ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could p event fraudulent attachment of this certificate to unauthorized document.
THIS CERTIFICATE
MUST BE ATTACHED
TO THE DOCUMENT
DESCRIBED AT RIGHT:
Title or Type of Document
Number of Pages Date of Document
Signer(s) Other Than Named Above
• , W, ,uar,nusi unraov aeerrlarvw . 000c
6; 1-i?-92 2:33PM ; B1B8944tv9tro
�� $y;pRAF-GORY
•
IN WITNESS WHEREOF. we have
hereto set our hands and seals on this 1 th
(ay of January
Graffiti Prevention Systems
(Corporate Seal of
Principal, If Corporation) Principal (Proper e of Corpora ion)
Sy
5 . of Contractor)
/0.70, , , �
64,
i3 3 (Title)
(5eal of Surety)
American Motorists Insurance Company
Surety
7470 N. ueroa, LA.,CA. 90041
(Mailing address of Surety)
@Y--
William . hupper Attorney-tn-Fact
(Attach Attorney -in -Fact Certificate and Required Acknowledgments)
Payment Bond - Page 3
.,
AME ICAN MOTORISTS INSURANCE COMPANY
Home Office: Long Grove, IL 60049
ICemveR
ram+
nanona(
msuaance
=wanes
POWER OF ATTORNEY
Know All Men By These Presents:
't the American Motorists Insurance Company, • corporation organized and existing under the laws of the State of
inois, and having its principal office in Long Grove, Illlinois, doss hereby appoint
Louis E. Jones andWilliam J. ShuppAAAofA os Angeles.
California (EACH) A
its true and lawful agent(s) and attorney(s)-in-feet, to wake, execute, seal, and deliver during the period
beginning with the date of issuance of this power end ending December 31, 1992, unless sooner revoked for and on
its behalf es surety, and as its act and deed:
Any and all bonds and underrt�taa�kings provideddthe amount
of no one bond or undertaking
exceeAsAFIVEAMILLIOONAAAA
DOLLARS ($5,000,000.00)
EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the
payment or collection of any promissory note, cheek, draft or letter of credit.
This authority does not permit the same obligation to be split into two or more bonds in order to bring each such
bond within the dollar limit of authority as set forth herein.
This appointment may be revoked at any time by the American Motorists Insurance Company.
The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said
American Motorists Insurance Company as fully and amply to all intents and purposes, as if the same had been duly
executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois.
THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1992.
This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of
Directors of said American Motorists Insurance Company on February 23, 1988 at Long Grove, Illinois, a
true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary as
being in full force and effect:
)TED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in
writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and
attorneys -in -fact, and to authorize then to execute on behalf of the Company, and attach the seal of the Company
thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature
thereof, and any such officers of the Company may appoint agents for acceptance of process."
This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following
resolution adopted by the Executive Committee of the Board of Directors of the Company et a meeting duly called and
held on the 23rd day of February, 1988:
"VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees
designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and
certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to
resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so
executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be
valid and binding upon the Company."
In Testimony Whereof, the American Motorists Insurance Company has caused this instrument to be signed and its
corporate seal to be affixed by its authorized officers, this 15 day of August , 1990 .
Attested and Certified:
AMERICAN MOTORISTS INSURANCE COMPANY
F.C.McCullough, Secretary
(OVER)
by
Xavi
J.S.Remper,III,Senior Vice President
v� Zr
COUNTY OF LAKE .;
STATE OF ILLINOIS SS
_, Grace E. Condon, a Notary Public, do hereby certify that J. S. Keeper, III and F. C. McCullough personally known
to me to be the sane persons whose names are respectively as Senior Vice President and Secretary of the American
Motorists Insurance Company, • Corporation of the State of Illinois, subscribed to the foregoing instrument,
appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed,
sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation
and as their own free and voluntary act for the uses and purposes therein set forth.
My commission expires: 5-14-94
4 "OFFICIAL SEAL"
4 Grace E Condon
4 N4 MyeCCom y isiun Expires 5111I9a
Crape E. Condon, Notary Public
CERTIFICATION
I, N. J. Zarada, Secretary of the American Motorists Insurance Company, do hereby certify that the attached Power
of Attorney dated August 15, 1990 on behalf of the personts) as listed on the ide is a
true and correct copy and that the same has been in full force end effect since the date thereof and is in full
force and effect on the date of this certificate; and I do further certify that the said J. S. Kemper, III and F. C.
McCullough who executed the Power of Attorney as Senior Vice President and Secretary respectively were on the date
of the execution of the attached Power of Attorney the duly elected Senior Vice President and Secretary of the
vrican Motorists Insurance Company.
A TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed
Motorists Insurance Company on this day of
rporate seal of the American
, 19
N.J.Zarada, Secretary
This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named
therein, and they have no authority to bind the Company except in the manner and to the extent herein stated.
FM 836-5 5-90 1M PRINTED IN U.S.A.
'flower of Attorney - Term