HomeMy WebLinkAboutAGMT - Mladen Grbavac Construction (Marina Dr. Sanitary Sewer) 7 PLEASE COMPLETE THIS INFO TION \ ,�
RECORDING REQUESTED BY:
Recorded in Official Records, County of Orange
CITY OF SEAL BEACH o Torn Daly, Clerk-Recorder
211 - 8th Street IIIIIIIJill!IIIIIIIIIII!llIIIIIIIIIIIIIIiJIIIIIIIIiIIIIIIIIIIIIIJIINO FEE
Seal Beach, CAlifornia 90740
AND WHEN RECORDED MAIL TO: 200300004019311:39am 01/13/03
112 51 R23 3
CITY CLERK 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
CITY OF SEAL BEACH /
211 - 8th Street
Seal Beach, California 90740
THIS SPACE FOR RECORDER'S USE ONLY
TITLE: RESOLUTION NUMBER 5088
3
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ap 040)
v.)
i` V
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION t
(Additional recording fee applies)
w 11192
No Recording Fee Pursuan o
Government Code Section our, 27383. • •
RESOLUTION NUMBER O/00 d
A RESOLUTION OF THE CITY COUNCIL Of THE CITY OF SEAL
BEACH DECLARING WORK '1'0 BE COMPLETED AS TO PLANS AND
SPECIFICATIONS FOR PROJECT CIP #49885 CONSTRUCTION OF
MARINA DRIVE SANITARY SEWER IMPROVEMENTS ENTERED
INTO BETWEEN MLADEN GRBAVAC CONSTRUCTION COMPANY
AND THE CITY OF SEAL BEACH
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE:
WHEREAS, on February I I, 2002, the City of Seal Beach entered into a contract with
. fvlladen Grbavac Construction Company.
WHEREAS, the City Engineer has determined that the work has been substantially
completed in accordance with the contract documents.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Seal Beach
as follows:
Section 1. That the work required to be performed by said Contractor has been
completed.
Section 2. That the total cost of said work is in the amount of$ 205,290.87.
Section 3. That the work is hereby accepted and approved.
Section 4. It is further ordered that a "Notice of Completion", Exhibit "A", be filed on
behalf of the City in the Office of the Orange County Recorder within 10
days of the date of this resolution.
PASSED, APPROVED AND 1 •PTED by e ity Council of the City of Seal Beach
at a meeting thereof held on the Alf... day of 2002 by the following vote:
All
AYES: Councilmembei' ,j , __ / �- , ot _ J!. ., ._ e i
NOES: Councilmemhers � a, i
ABSENT: Councilmemhers /i
inft) IL Cary---
Mayor, /City of Seal Beach
.41. /dace (A
City )
tyr<
STr1TE OF CALIFORNIA)
COUNTY OF ORANGE )SS
CITY OF SEAL BEACH)
I, Joanne M. Yeo, City Cleric of Seal Beach, California l0 1 ereby certify that the foregoing
resolution is the original copy of Resolution Numbe on tile in the office of the City
Clerk _asset!, approved, and adopte y the City unetl of the City of Seal Beach, at a
re' ar n eeting t r f h d on the — clay of , 2002.
OCt�t,��
Cit Clerk
• •
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO ■
CITY OF SEAL BEACH
Attn: City Clerk
211 8th Street
Seal Beach, CA 90740
Space of above this line for Recorder's use.
***No Recording Fee Pursuant to Government Code Section 6103,27383 ****
NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 3093,must be filed within 10 days after completion.
Notice is hereby given that:
1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the
property hereinafter described:
2. The full name of the owner is: City of Seal Beach
3. The address of the owner is: City of Seal Beach, 211 8'h Street,Seal Beach,CA 90740
4. The nature of the interest or estate of the owner is; In fee.The City of Seal Beach.
5. A work of improvement on the property hereinafter described as completed on 10/28/2002.The work
was: Construction of Marina Drive Sanitary Sewer Improvements,Project#49885.
6. The name of the contractor,if any,for such of improvement was: Mladen Grbavac Construction
Company.
7. The date of the Contract was February 11, 2002.
8. The property on which said work of improvement was completed in the City of Seal Beach,County of
Orange,State of California,and is described as follows: Construction of Marina Drive Sanitary Sewer
Improvementts,f Project# T"
/49885.
Date: -1 ni/c92
i
e of owner or corporate officer of owner
named in paragraph 2 or his agent.
CITY ENGINEER
VERIFICATION
I,the undersigned, say: the Director of Public Works declarant of the foregoing notice of completion; have
read said notice of completion and know the contents thereof;the same is true of my own knowledge.
I declare under penalty of perjury the foregoing is true and correct.
Executed on 0 cc. Kt , 20 t Seal Be c-}r, , ifornia.
(Date of Signature) ` / '
Direc�'�ic Works
EXHIBIT "A"
r - d(�,,,1,-,e-_... r gift• G 7, Ok4k "g'f 1. X'''j,:
FST , Vh'r YI Il.ta..f 1 4 ^ ?"&
ollazw% s• P irk i ,
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• PUBLIC WORKS CONTRACT
Marina Drive Sanitary Sewer Project,Project No.49885
For the following project named I `1 of ((� 1211 Sanittyj $r i 'r
,in the City of Seal Beach.
/ '/fir
THIS AGREEMENT, made and entered into this_._ __ day of '�✓L(/ 2002 , by and
between the City of Seal Beach, California, hereinafter referred to as the "CITY," arty of the First Part,
and
hereinafter designated as the "C RACTOR," Party of the Second Part.
WI'FNESSETH: That the Parties do hereto mutually agree as follows:
ARTICLE I. For and in consideration of the payments and agreements hereinafter mentioned to be
made and performed by said CITY, the CONTRACTOR agrees with said CITY to perform and complete
in a good and workmanlike manner all the work pertaining thereto shown on the drawings and described in
the Specifications and Contract Documents, therefore, to furnish at his own proper cost and expense all
tools, equipment, labor and materials necessary therefore (except those materials expressly noted as to be
furnished by the CITY), and to do everything required by this Agreement and the said Specifications,
Drawings,and Contract Documents.
ARTICLE II. For furnishing all said materials and labor, furnishing and removing all plant, temporary
works or structures, tools and equipment and doing all the work contemplated and embraced in this
Agreement, also-for all loss and damage arising out of the nature of the work aforesaid, or from the action
of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution
of the work until its acceptance by said CITY, and for all risks of every description connected with the •
• work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work;
except such as in the said Specifications are expressly stipulated to be borne by the said CITY and
faithfully completing the work and the whole thereof, in the manner shown and described in the said -
. Drawings, Specifications, and Contract Documents and in accordance with the requirements of the
Engineer, said CITY will pay and the CONTRACTOR shall receive in full compensation, therefore, the
unit prices and the lump sum prices named in the Schedule of Work Items of the Proposal.
ARTICLE III. The CITY hereby promises and agrees with said CONTRACTOR to employ and does
hereby employ said CONTRACTOR to provide the materials and to do the work according to the terms and
conditions herein contained and referred to for the price aforesaid, and hereby contracts to pay the same, at
the time, in the manner and upon the conditions set forth in the Specifications and Contract Documents,and
the said parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby
agree to the full performance of the covenants herein contained.
ARTICLE IV. The advertisement for Bids, the Proposal, the Specifications, and the Drawings mentioned
therein, and all addenda issued by the CITY with respect to the foregoing prior to the opening of bids, are
hereby incorporated in and made a part of this Agreement.
ARTICLE V. By my signature hereunder, as CONTRACTOR, I certify that I am aware of the provisions
of Section 3700 of the Labor Code which require every employer to be insured against liability for
workmen's 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.
•
3
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IN WITNESS WHEREOF: The Parties hereto have caused this contract to be executed the day and year
• first above written.
CITY OF S EA' '', CALIF• '1 •
Party of
BY
City Manager r
A
././ A /
Cijrk �M
BY �// „zit
CONTRACTOR-Party of the Second Part
OW
Title
P 0. Per;x Lfi 1PU20 araitlica, Cci
Address
•
•
•
4
Wednesday. July 31. 2002 3:57 PM C. Michael Henley 818 -241 -8091 p.04
•
INDEMNIFICATION AND HOLD HARMLESS AGREEMENTAND WAIVER OF
SUBROGATION AND CONTRIBUTION I' J�,�
• TITLE OF PROJECT OR WORK: U (M ( I1L &WI f n/ l 1+ L
Ind emnito r()
s list all names):
To the fullest extent permitted by law, Indenmitor hereby agrees, at its sole cost and expense, to defend,
protect, indemnify, and hold harmless the City of Seal Beach and its elected officials, officers, attorneys,
agents, employees, volunteers, successors, and assigns (collectively "Inderrmitees") from and against any
and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses,
judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys,
or other professionals and all costs associated therewith (collectively "Liabilities "), arising or claimed to
arise, directly or indirectly, out o1 in connection with, resulting from, or related to any act, failure to act,
error, or omission of Indenmitor or any of its officers, agents, servants, employees, subcontractors,
materiahnen, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly -
or indirectly, out of in connection with, resulting from, or related to the above - referenced contract,
agreement, license, or permit (the "Agreement") or the performance or failure to perform any term,
provision, covenant; or condition of the Agreement, including this indemnity provision - This indemnity
provision is effective regardless of any prior. concurrent, or subsequent active or passive negligence by _ _ _
Indenmitees and shall operate to fully indemnify Indemwitees against any such negligence. This indemnity
provision shall survive the termination of the Agreement and is in addition to any other rights or remedies
which Indemnitees may have under the law. Payment is not required as a condition precedent to an
• Indemnitee's right to recover under this indemnity provision, and an entry of judgment against an
Indenmitee shall be conclusive in favor of the Indeamitee's right to recover under this indemnity provision.
Indemnitor shall pay Indemnitees for any attorneys fees and costs incurred in enforcing this
indempification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to
encompass (a) Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying
Agreement is subject to Civil Code § 2782(a) or (b) the contracting public agency's active negligence to the
limited extent that the underlying Agreement is subject to Civil Code § 2782(b). This indemnity is
effective without reference to the existence or applicability of any insurance coverage which may have
been required under the Agreement or any additional insured endorsements which may extend to
Indemmitees. Indemnitor, on behalf of itself and all parties claiming under or through it, hereby waives all
rights of subrogation and contribution against the lndemnitees, while acting within the scope of their duties,
from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on
behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by
the Indemnitees. In the event there is more than one person or entity named in the Agreement as an
Indemnitor, then all obligations, liabilities, covenants and conditions under this instrument shall be joint
and severaL
" Indenmitor.
Name Aest CI a e Imo- Name:
By: �� - - By:
Its Its
• 9
vveanesaay, July 31, 2002 3.57 PM C. Michael Henley 818 - 241 -8091 p.05
• • •
• AGREEMENT TO COMPLY WITHCALIFORNIA LABOR LAW REQUIREMENTS
[Labor Code §§ 1720, 1773.8, 1775, 3700]
The undersigned Contractor certifies that it is aware of and hereby agrees to fully comply with the
Following provisions of California law:
1. Contractor acknowledges that this contract is subject to the provisions of Division 2, Part 7,
Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the
awarding public agency ( "Agency") and agrees to be bound by all the provisions thereof as though set forth
in full herein.
2. Contractor agrees to comply with the provisions of California Labor Code Section 1773.8 which
requires the payment of travel and subsistence payments to each worker needed to execute the work to the
extent required by law.
3. Contractor agrees to comply with the provisions of California Labor Code Sections 1774 and 1775
concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay
prevailing wages. The Contractor shall, as a penalty to the Agency, forfeit not more than fifty dollars ($50)
for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined
by the Director of Industrial Relations for the work or craft in which the worker is employed for any public
work done under the contract by Contractor or by any subcontractor.
4. Contractor agrees to comply with the provisions of California Labor Code Section 1776 which
require Contractor and each subcontractor to (1) keep accurate payroll records, (2) certify and make such
payroll records available for inspection as provided by Section 1776, and (3) inform the Agency of the
location of the records. The Contractor is responsible for compliance with Section 1776 by itself and all of -- _
its subcontractors.
5. Contractor agrees to comply with the provisions of California Labor Code Section 1777.5
• concerning the employment of apprentices on public works projects, and further agrees that Contractor is
responsible for compliance with Section 1777.5 by itself and all of its subcontractors.
6. Contractor agrees to comply with the provisions of California Labor Code Section 1813
concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the Agency.
forfeit twenty-five dollars ($25) for each woricer employed in the execution of the contract by the
Contractor or by any subcontractor for each calendar day during which such worker is required or
permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in
violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code.
7. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to
secure the payment of compensation to its employees. In accordance with the provisions of California
Labor Code Section 1861, Contractor hereby certifies as follows:
"1 am aware of the provisions of Section 3700 of the Labor Code which require every employer to
be insured against liability for worker's 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." _
s
Date - I-02 Signature
• 10
Wednesday, July 31, 2002 3:57 PM C. Michael Henley 818 - 241 -8091 p.06
•
• STATEMENT ACKNOWLEDGING PENAL AND CIVIL PENALTIES CONCERNING THE
CONTRACTORS' LICENSING LAWS
[Business & Professions Code § 7028.15)
[Public Contract Code § 20103.51
1, the undersigned, certify that I am aware of the following provisions of California law and that 1, or the
entity on whose behalf this certification is given, hold a currently valid California contractor's license as set
forth below (required at time of award) :
Business & Professions Code § 7028.15:
(a) It is a misdemeanor for any person to submit a bid to a public agency in order to engage
in the business or act in the capacity of a contractor within this state without having a license therefor,
except in any of the following cases:
(1) The person is particularly exempted from this chapter.
(2) The bid is submitted on a state project governed by Section 10164 of the Public
Contract Code or on any local agency project governed by Section 20104 [now § 20103.5) of the Public
Contract Code.
(b) If a person has been previously convicted of the offense described in this section, the
court shall impose a Sae of 20 percent of the price of the contract under which the unlicensed person
perforated contracting work, or four thousand five hundred dollars (34,500), whichever is greater, or
imprisonment in the county jail for not less than 10 days nor more than six months, or both.
In the event the person performing the contracting work has agreed to furnish materials " -
and labor on an hourly basis, "the price of the contras" for the purposes of this subdivision means the
aggregate sum of the cost of materials and labor furnished and the cost of completing the work to be
• performed
(c) This section shall not apply to a joint venture license, a the bid y ti subject 9 to
However, at the time of making a bid as a joint venture, each person
this section with respect to his or her individual licensnre.
(d) This section shall not affect the right or ability of a licensed architect, land surveyor, or
registered professional engineer to form joint ventures with licensed contractors to render services within
the scope of their respective practices.
(e) Unless one of the foregoing exceptions applies, a bid submitted to a public agency by a
contractor who is not licensed in accordance with this chapter shall be considered non-responsive and shall
be rejected by the public agency. Unless one of the foregoing exceptions applies, a local public agency
shall, before awarding a contract or issuing a purchase order, verify that the contractor was properly
licensed when the contractor submitted the bid. Notwithstanding any other provision of law, unless one of
the foregoing exceptions applies, the registrar may issue a citation fo any public officer or employee of a
public entity who knowingly awards a contract or issues a purchase order to a contractor who is not
licensed pursuant to this chapter. The amount of civil penalties, appeal, and finality of such citations shall
be subject to Sections 7028.7 to 7028.13, inclusive. Any contract awarded to, or any purchase order issued
to, a contracor who is not licensed pursuant to this chapter is void.
(f) Any compliance or noncompliance with subdivision (e) of this section, as added by
Chapter 863 of the Statutes of 1989, shall not invalidate any contract or bid awarded by a publ agency
during which time that subdivision was in effect
(g) A public employee or officer shall not be subject to a citation pursuant to this section if
the public employee, officer, or employing agency made an inquiry to the board for the purposes of
verifying the license statuS of any person or contractor and the board failed to respond to the inquiry within
i 11
vveanesaay, July 41. ZUUZ 3:b/ PM C. Michael Henley 818 -241 -8091 • p.07
• • •
• duce business days. For purposes of this section, a telephone response by the board shall be deemed
sufficient.
Public Contract Code § 20103.5:
In all contracts subject to this part where federal fitnds are involved, no bid submitted shall be
invalidated by the failure of the bidder to be licensed in accordance with the laws of this state. However, at
the time the contract is awarded, the contractor shall be properly licensed in accordance with the laws of
this state. The first payment for work or material under any contract shall not be made unless and until the
Registrar of Contractors verifies to the agency that She records of the Contractors' State License Board
indicate that the contractor was properly licensed at the time the contract was awarded. Any bidder or
contractor not so licensed shall be subject to all legal penalties imposed by law, including, but not limited
to, any appropriate disciplinary action by the Contractors' State License Board. The agency shall include a
statement to that effect in the standard form of pre - qualification questionnaire and financial statement. .
Failure of the bidder to obtain proper and adequate Licensing for an
award of a contract shall constitute a failure to execute the contract and
shall result In the forfeiture of the security of the bidder.
License no.: 3046g4 Class: A Expiration date: q -50 - 0
Date V 1 — 0 2 Signature (rn &iL
12
• •
• Bond No. 8548617 Bond Premium $2,060.00
EXECUTED IN TRIPLICATE PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Seal Beach, has awarded
LADEN GRBAVAC CONSTRUCTION CO.
P.O. Box 660219, Arcadia, CA 91006 -0219
(Name and address of Contractor)
( "Principal "), a contract (the "Contract ") for the work described as follows:
MARINA DRIVE SANITARY SEWER IMPROVEMENTS; PROJECT NUMBER: 49885
WHEREAS, Principal is required under the terms of the Contract to furnish a bond for the faithful
performance of the Contract.
•
NOW, THEREFORE, we, the undersigned Principal, and
FIDELITY & DEPOSIT CO. OF MARYLAND
225 S. Lake Ave., Suite 700, Pasadena, CA 91101
(Name and address of Surety)
• ( "Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and
firmly bound unto the Public Agency in the penal sum of One Hundred -Ninety Eight Thousand, Nine
Hundred Twenty and 00 /100
Dollars ($ 198,920.00 ), this amount being not less than the total
contract price, in lawful money of the United States of America, for the payment of which sum well and
truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly
and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her
or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and
well and truly keep and perform all the undertakings, terms, covenants, conditions and agreements in the
Contract and any alteration thereof made as therein provided, on the Principal's part to be kept and
performed, all within the time and in the manner therein specified, and in all respects according to their true
intent and meaning, and shall indenmify and hold harmless the Public Agency, its officers, agents, and
others as therein provided, then this obligation shall become null and void; otherwise, it shall be and remain
in full force and effect.
In cast suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys'
fees in an amount fixed by the court.
FURTHER, the Surety, for value received, hereby stipulates and agrees ,that no change, extension of time,
alteration, addition or modification to the terms of the Contract, or of the work to be performed thereunder,
or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby
waive notice of any such change, extension of time, alteration, addition, or modification to the terms of the
Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of
California Civil Code §§ 2845 and 2849. The City is the principal beneficiary of this bond and has all
• rights of a party hereto. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each
of which shall for all purposes be deemed an original hereof have been duly executed by Principal and
5
•
ti 411/ •
Surety, on the date set forth below, the name of each corporate party being hereto affixed and these
• presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.
Dated:
"Principal" "Surety"
MLADEN GRBAVAC CONSTRUCTION CO. FIDELITY & DEPOSIT CO. OF MARYLAND
By: /Pi eX.4_ BY: INE OW
Its is
Mladen Grbavac, Owner C. Michael Henley, Attorney -In -Fact
By: By:
Its Its
(Seal) (Seal)
Note: This bond must be dated, all signatures must be notarized, and •
evidence of the authority of any person signing as attorney -in -fact must be
attached. •
6
• •
Power of Attorney
• FIDELITY AND DEPOSIT COMPANY OF MARYLAND
HOME OFFICE, BALTIMORE, MD
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of
Maryland, by C. M. PECOT, JR., Vice - President, and C. W. ROBBINS, Assistant Secretary, in pursuance of authority granted by Article
VI, Section 2, of the By -Laws of said Company, which are set forth on the reverse side hereof and are hereby certified to be in full force
and effect on the date hereof, does hereby nominate, constitute and appoint C. Michael Henley of Canoga Park,
California _
its true and Iawful agent and Attorney - in - Fact, to make, execute, s - •.• deliver, f C • on its behalf as surety, and as its act and deed:
any and all bonds and undertakings
�NN
no e execution of such bonds or undertakings in purl •0 these p . ' , shall be as binding upon said Company, as fully and
amply, to all intents and purposes, as if they had been d This and " ~ of ledged by the regularly revokes elected Company
office at its in Baltimore a
Md., in their own proper • �
behalf of C. Michael Henley date i ; 3,
The said Assistant Secretary does hereby certi �� e extract on the reverse side hereof is a true copy of Article VI, Section
2, of the By -Laws of said Company, and is n • ` orce.
IN WITNESS WHEREOF, the said Vice - J: nt and Asa#d Secretary have hereunto subscribed their names and affixed the
Corporate Seal of the said FIDELITY AND Irsta SIT CO _ t Y OF MARYLAND, this_- _ 5th _ — _ – ____ - - o f
- - - - - - -- — Ma- - - - - - -- A.D. 19.
(a FID to �� i AND D .o s SYI COMPANY OF MARYLAND
A ' / lPkt∎
B y
Assis Lary Vice -Pre • nt
STATE OF MARYLAND
COUNTY OF BALTIMORE
SS:
• On t his -_ 5th — o f ___May A.D. 1921_, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came C. M. PECOT, JR., Vice - President and C. W. ROBBINS, Assistant Secretary of the FIDELITY AND
DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed thepreceding
instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposed)
and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate
Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said
instrument by the authority and direction of the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written.
rueuc CAROL J. FADER , Notary Public
*RE coO
My Commission Expires_ August _ 1�1196 _ -- _ - - _
CERTIFICATE
I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original
Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and
I do further certify that the Vice - President who executed the said Power of Attorney was one of the additional Vice- Presidents specially
authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY
AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969.
RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore
or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon
the Company with the same force and effect as though manually affixed."
IN TESTIM9NY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this _ -
day of – -- – SQL
Assistant Secretary
L1428c 012 -4874
Ai- • •
EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND •
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice - President, or any of the Senior Vice -
Presidents or Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power,
by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice - Presidents, Assistant
Vice - Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute
on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases
and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages, ... and to affix the seal of the Company
thereto."
III
•
1
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11041 tr,
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a
State of California
County of Los Angeles
■
On, August 1, 2002 before me, Veronica Lynn Sognalian, Notary Public, ki;
personally appeared C. Michael Henley who proved to me on the basis of
satisfactory evidence to be the person whose name is subscribed to the Te
Il
within instrument and acknowledged to me that he executed the same in P
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.
0 r>
1-,, WITNESS my hand and official seal. �
Let KE,i
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Bond No. 8548617 Bond Premium Included In Performance Bond
• EXECUTED IN TRIPLICATE PAYMENT BOND
(LABOR AND MATERIALS)
KNOW ALL PERSONS BY THESE PRESENTS that
WHEREAS the City of Seal Beach,has awarded to
NLADEN GRBAVAC CONSTRUCTION CO.
P.O. Box 660219, Arcadia, CA 91006-0219
(Name and address of Contractor)
("Principal"), a contract (the"Contract") for the work described as follows:
MARINA DRIVE SANITARY SEWERS IMPROVEMENTS; PROJECT NUMBER: 49885
WHEREAS, Principal is required under the terms of the Contract and the California Civil Code to secure
the payment of claims of laborers,mechanics, materialmen,and other persons as provided by law.
NOW,THEREFORE, we,the undersigned Principal, and
FIDELITY &DEPOSIT CO. OF MARYLAND
225 S. Lake Ave., Suite 700, Pasadena, CA 91101
(Name and address of Surety)
• ("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and
firmly bound unto the Public Agency in the penal sum of One Hundred Ninety Eight Thousand, Nine
Hundred Twenty and m/1(10
Dollars($ 198,920.00 this amount being not less than fifty percent
(50%)of the total contract price, in lawful money of the United States of America,for the payment of
which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators,successors,
and assigns,jointly and severally,firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal,his, her
or its heirs, executors, administrators, successors or assigns, or subcontractors shall fail to pay any of the
persons named in Section 3181 of the California Civil Code, or any amounts due under the Unemployment
Insurance Code with respect to work or labor performed under the Contract,or for any amounts required to
be deducted, withheld, and paid over to the Employment Development Department from the wages of
employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance
Code, with respect to work or labor performed under the Contract, the Surety will pay for the same in an
amount not exceeding the penal sum specified in this bond; otherwise, this obligation shall become null and
void.
This bond shall insure 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 persons or their assigns in any suit brought upon the bond. In
case suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys'
fees in an amount fixed by the court.
FURTHER,the Surety, for value received, hereby stipulates and agrees that no change, extension of time,
alteration, addition or modification to the terms of the Contract, or of the work to be performed thereunder,
or the specifications for the same,shall in any way affect its obligations under this bond, and it does hereby
waive notice of any such change, extension of time, alteration, addition, or modification to the terms of the
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Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of
• California Civil Code §§ 2845 and 2849.
IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all
purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set
forth below, the name of each corporate party being hereto affixed and these presents duly signed by its
undersigned representative(s) pursuant to authority of its governing body.
Dated:
"Principal" "Surety"
I ADEN GRBAVAC CONSTRUCTION CO. FIDELITY & DEPOSIT CO. OF MARYLAND
eji
B lWtfl
j)_aden Grbavac, Owner gc. Michael Henley, Attorney-In-Fact
Its Its
(Seal) (Seal)
Note: This bond must be dated, all signatures must be notarized, and
evidence of the authority of any person signing as attorney-in-fact must be
attached.
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Power of Attorney
• FIDELITY AND DEPOSIT COMPANY OF MARYLAND
HOME OFFICE,BALTIMORE,MD
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of
Maryland.by C.M. PECOT,JR.,Vice-President,and C. W. ROBBINS,Assistant Secretary,in pursuance of authority granted by Article
VI. Section 2, of the By-Laws of said Company, which are set forth on the reverse side hereof and are hereby certified to be in full force
and effect on the date hereof, does hereby nominate, constitute and appoint C. Michael Henley of Canoga Park,
California . . .
Its tfue and lawful agent and Attorney-in-Fact, to make,execute, se deliver, foci*on its behalf as surety, and as its act and deed:
any and all bonds and undertakings lr 46.44N �'
•ni t e execution of such bonds or undertakings in purl !�!����,�,�, ff�� these pr+:.. , shall be as binding upon said Company, as fully and
amply, to all intents and purposes, as if they had been du<< cuted and .I .n ledged by the regularly elected officers of the Company
at its office in Baltimore, Md., in their own proper p•�T,r•.`1./.This .IN of attorney revokes that issued on
behalf of C. Michael Henley dated datedqNly 3, . .
The said Assistant Secretary does hereby certif-�' �� e extract forth on the reverse side hereof is a true copy of Article VI, Section
2, of the By-Laws of said Company, and is n , orce. c_
IN WITNESS WHEREOF, the said Vice-k-pj:nt and Asst i Secretary have hereunto subscribed their names and affixed the
Corporate Seal of the said FIDELITY AND I' . SIT CO Y OF MARYLAND, this 15th day of
May A.D. 19.9
FID E/ AND D..' 1T COMPANY OF MARYLAND ,
?c Oo
ATTEST: to k �� y1
• By
Assista .•lary Vice-Pres' enl
STATE OF MARYLAND /�O
COUNTS'OF BALTIMORE j SS: �` :,
• On this 15th day of May �J , A.D. 199_5__, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came C. M. PECOT,JR., Vice-President and C. W. ROBBINS, Assistant Secretary of the FIDELITY AND
DEPOSIT COMPANY OF MARYLAND,to me personally known to be the individuals and officers described in and who executed the-preceding
instrument, and they each acknowledged the execution of the same,and being by me duly sworn, severally and each for himself deposeth
and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate
Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said
instrument by the authority and direction of the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written.
J t,E
s: CAROL 1. FADER f Notary Public
�ca^
My Commission Expires August 1, 1996
CERTIFICATE
I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original
Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and
I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially
authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY
AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969.
RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company,whether made heretofore
or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon
the Company with the same force and effect as though manually affixed." t
IN TESTIMO Y WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this _
day of I�^�t f 76P2_
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La28c 012-4874 cr Assistant Secretary
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EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND •
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice-
Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,shall have power.
by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant
Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute
on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases
and assignments of judgements,decrees,mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company
thereto."
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State of California
re County of Los Angeles
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On, August 1, 2002 before me, Veronica Lynn Sognalian, Notary Public,
fpersonally appeared C. Michael Henley who proved to me on the basis of
la 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 sfr
person, or the entity upon behalf of which the person acted, executed the
instrument.
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WITNESS my hand and official seal.
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Veronica Lynn Sogn+lion
f Notary Public
MCA_ VERONICA LYNN 809'WJ 4b
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.� , : i Notary Public-CaSFordp y ,
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