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HomeMy WebLinkAboutAGMT - Imperial Paving Company (Main St Parking Lots Rehab) RECORDING REQUESTED BY Recorded in Official Records, Orange County Tom Daly, Clerk-Recorder AND WHEN RECORDED MAIL TO IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIhIIIIIIIIIIIIIIIIIIIIIIIIIII NO FEE CITY OF SEAL BEACH 2008000275375 11:05am 06/09/08 Attn: City Clerk 211 -8th Street 106 198 N12 1 Seal Beach, CA 90740 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Space of above this line for Recorder's use. e� "` NO Recording Fee Pursuant to Government Code Section 6103, 27383 "" 11 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: 211 - 8th Street, Seal Beach, CA 90740 4. The-nature of-the-interest-or-estate—of-the owner is: In Fee:A-work of improvementori the property hereinafter is described as substantially completed on May 12, 2008. The work was Main Street Parkin0Lots-Project No. 50237. 5. The name of the contractor, if any, for such improvement was: Imperial Paving Company, Inc. The date of the Contract Award was: February 11, 2008. 6. 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: APN's 199-044- 10,11,2/4,25 and 043-114-03, Seal Beach, California 90740. Date: -S/? �d6 ignature of owner or corporate officer of owner named in paragraph 2 or his agent. 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 , 28, at 00 eal Beach - i ornia. (D e of ignature) Director of Public r orks • MAIN STREET PARING LOTS REHABILITATION PROJECT NO. 50237 For MAIN STREET PARKING LOTS REHABILITATION PROJECT NO. 50237, in the City of Seal Beach. THIS AGREEMENT, made and entered into this day of 200 , by and between the City of Seal Beach, California, hereinafter referred to as the "CITY," P of the First Part, and :LM `I k / Pali.n.al co. hereinafter designated as the "CONTRACTOR," Party of the Second Part. WITNESSETH: 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 MAIN STREET PARKING LOTS REHABILITATION PROJECT NO. 50237, and 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. The statement of prevailing wages appearing in the General Prevailing Wage Rates is hereby specifically referred to and by this reference is made a part of this contract. It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the bid of proposal of said CONTRACTOR, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith. ARTICLE VI. 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. II-2 • • F d WITNESS WHEREOF: The Parties hereto have caused this contract to be executed the day and year first above written. CITY OF SEAL BEACH, CALIFORNIA Party of the First Part • RY 15,1,CT City Macau ATTEST: n t Clerk BY X ` _ CONTRA IR-Party 9f the Second Part Pres & — s• \U w letedY Title r. /oi'c 8lon Kit - /{tee . �. i� to rN.JS, C4 7OG7O Address • II-3 ID so INDEMNIFICATION AND HOLD HARMLESS AGREEMENT AND WAIVER OF SUBROGATION AND CONTRIBUTION MAIN STREET PARKING LOTS REHABILITATION PROJECT NO. 50237 Indemnitor(s) (list all names): To the fullest extent permitted by law, Indemnitor hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and hold hannless the City of Seal Beach and its elected officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively "Indemnitees") 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 of, in connection with, resulting from, or related to any act, failure to act, error, or omission of Indemnitor or any of its officers, agents, servants, employees, subcontractors, materialmen, 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 perfonnance 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 Indemnitees and shall operate to fully indemnify Indemnitees 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 Indenmritee shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. Indemnitor shall pay Indemnitees for any attorneys fees and costs incurred in enforcing this indemnification 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 coverages which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees.Indemnitor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees,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. I he event there is more than one person or entity named in the Agreement as an Indemnitor, then al •bligations, liablili'es, covenants and conditions under this instrument shall be joint and several. "Indetnnito ke Name 1/41.k , ,4 g Pr`S ,,, Name: myna By: _ BY: Its I Its I I1-8 0 AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS [Labor Code §§ 1720, 1773.8, 1775, 1776, 1777.5, 1813, 1860, 1861,37001 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 (conunencing 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(850) 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 worker employed in the execution of the contract by the Contractor or by any subcon-tractor 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: "I am aware of the provisions of Section 3710 • the La-.or Code which require every employer to be insured against liability for worker's compensatio or %. und; ake self-insurance in accordance with the provisions of that code, and I will comply with such'.rovr.ien.. before commencing the performance of the work of this contract." Date i-j-S �C� �j Signature X ` �_ • 11-9 • • STATEMENT ACKNOWLEDGING PENAL AND CIVIL PENALTIES CONCERNING THE CONTRACTORS' LICENSING LAWS [Business &Professions Code § 7028.15] [Public Contract Code § 20103.5] 1, the undersigned, certify that I am aware of the following provisions of California law and that I, or the entity on whose behalf this certification is given, hold a currently valid California contractor's license as set forth below: 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 § 201035] 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 fine of 20 percent of the price of the contract•under which the unlicensed person performed contracting work, or four thousand five hundred dollars ($4,500), 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 contract" 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, as required by Section 7029.1. However, at the time of making a bid as a joint venture, each person submitting the bid shall be subject to this section with respect to his or her individual licensure. (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 to 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 contractor who is not licensed pursuant to this chapter is void. (0 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 public 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 II-10 • • three 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 funds 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 the 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 prequalification 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 a/•e bidder. License no.: 9,btcto Class: a� Expiration date: , ev6 4 Date 21)_5y 0 a Signature X I! • II-11 • • • Executed in Three Counterparts Bond No. 12048969 Premium: $418.00 Premium Is for contract term and la subject to PERFORMANCE BOND adjustment based on final contract price KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Seal Beach,has awarded Imperial Paving Company, Inc. • 10715 Bloomfield Avenue, Santa Fe Springs, CA 90670 (Name and address of Contractor) ("Principal"),a contract(the"Contract")for the work described as follows: Main Street Parking Lots Rehabilitation- Project No. 50237 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 The Guarantee Company of North America USA 1800 Sutter Street, Ste. 735, Concord, CA 94520 I , (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 Thirty Four Thousand Eight Hundred Thirty Seven and 50/100 Dollars (S $34,837.50 ), 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 indemnify 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 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 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 I1-4 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. Data Fe• uary 20, 2008 "Pr. al/ "Surety" Im.- :Ihavin. Com•an Inc. The Guarantee Company of North America USA ai► ByIl -� By: _. 'ItsTJ - i Ot„t( YJ Nei. Its W ': . rkin, Attorney-in-Fact• By: ' By: Its Its .. i (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. I1-5 . • • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT • State of California County of Los Angeles On U(/ before me, Fritz Dow Coy, Notary Public D le Here Insert Name and Title of the Officer personally appeared Jim Dunleavy , President Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws 2 , of the State of California that the foregoing paragraph is FRITZ DOW COY true and correct. G e' Comm.u 1487737 D NOTARY PUBLIC CALIFORNIA W cc LOS ANGELES COUNTY x WITNESS my hand and official seal. My Comm.Expires MAY 4,2008 Signature 'ea.1. .� Place Notary Seal Above 1111.11/Signature of Notary OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): U Corporate Officer—Title(s): ❑ Partner ❑ Limited ❑ General RIGHTTHUMBPRINT 0 Partner—❑ Limited ❑ General RIGHrTHUMBPRINr i� Attorney in Fact OF SIGNER" , ❑Attorney in Fact OF SIGNER. ❑ Trustee Top of thumb here p Trustee Top of thumb here ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: _V'V'_tl'SW'V-W'S'V'Y�YV tl tlW'V'tlW'tl'tl'V-' 'S'V V tl tl ©2007 National Notary Association•9350 De Soto Ave.,RO.Box 2402•Chatsworth,CA 913132402•www.NationalNotaryorg Item 45907 Reorder:Call Toll-Free 1.800.876.6827 • • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT - .. - - »Q>i »C :+deniC'• State of California County of Orange Jj On 02/20/08 before me, R. Haas-Bates, Notary Public Date Here Insert Name and Tile of the Officer personally appeared William Syrkin Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the persons) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/hey executed the same in his/Iaer/thoir authorized capacity(ies), and that by his/ker/tFieir signature(s}on the . ' • , R. HAAS-BA ES instrument the person(s}, or the entity upon behalf of 7*s Co pua a-cAIW 3 which the person(s)-acted, executed the instrument. ,`�• NO ORANGE CU. Ut IA P , C '�Ur , 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. Signature ] Place Notary Seal Above Signature of Notary Pudic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document:_ — Document Date: __ Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual O Corporate Officer—Title(s): ___ 0 Corporate Officer—Title(s): C Partner Limited ❑ General HIGNnritiT Partner—0 Limited General • Attorney in Fact OF5P3NER< ._—_!Attorney in Fact Top of thumb here Top of thumb here • Trustee L Trustee O Guardian or Conservator E Guardian or Conservator • Other: ❑ Other:_ Signer Is Representing:_ - Signer Is Representing: .r u .b.f 5.. ".« x•«•.v-r.d Mr :-..r a _v u _-:r."a. r ,d.•. .y_g'�Z z>` beTC>Q-G'r '"L)c%f°-i:4"E4' L"-4•W` (ze1. 5 2007 National Notary Association•9350 De Scto Ave.,PO-Bo.2402•Chatswortl,CA 91313-2402•wwwNatlonaiNotary-org Item a5907 Reorder:CallToll'Ree 1.800-8766827 DdRUMMs It GUARANTEE COMPANY* NORTH AMERICA USA rnwxmard �acreafdB ra; Southfield,Michigan POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS:That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan,having its principal office in Southfield,Michigan,does hereby constitute and appoint William Syrkin,Matthew C. Welty Millennium Corporate Solutions,Inc. its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof,which are or may be allowed, required or permitted by law,statute, rule,regulation,contract or otherwise. The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA 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 the principal office. The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By-Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31"day of December,2003. The President,or any Vice President, acting with any Secretary or Assistant Secretary,shall have power and authority: 1. To appoint Attorney(s)-in-fact,and to authorize them to execute on behalf of the Company,and attach the Seal of the Company thereto,bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof;and 2. To revoke,at any time,any such Attorney-in-fact and revoke the authority given,except as provided below 3. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner— Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 31"day of December 2003,of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attomey or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer,this 13th day crTE% of November,2007. o o" THE GUARANTEE COMPANY OF NORTH AMERICA USA / STATE OF MICHIGAN Stephen Dullard,Vice President Randall Musselman,Secretary County of Oakland On this 13th day of November,2007 before me came the individuals who executed the preceding instrument,to me personally known,and being by me duly sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA;that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of said Company. Cynthia A. Takai IN WITNESS WHEREOF,I have hereunto set my hand at The Guarantee Notary Public, State of Michigan Company of North America USA offices the day and year above written. County of Oakland �/q My Commission Expires February 27, 2012 � ��CA -C/ Acting in Oakland County ( ',I1.it-t t€ZJ . I, Randall Musselman,Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA/USA,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA,which is still in full force and effect. IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 20th day of February 2008 - JppHTE.s co. ... � � Randall Musselman,Secretary ~�qb/AMec_ STATE IALIFORNIA • DEPARTMENT OF INSURANCE NY 0 8 3 0 5 SAN FRANCISCO Amended Certificate of Authority THIS IS TO CERTIFY THAT Pursuant to the Insurance Code of the State of California, The Guarantee Company of North America USA of Michigan , organized under the laws of Michigan , subject to its Articles of Incorporation or other fundamental organizational documents,is hereby authorized to transact within the State,subject to all provisions of this Certificate, the following classes of insurance: Surety as such classes are now or may hereafter be defined in the Insurance Laws of the State of California. THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all,and not in violation of any,of the applicable laws and lawful requirements made under authority of the laws of the State of California as long as such laws or requirements are in effect and applicable,and as such laws and requirements now are, or may hereafter be changed or amended. IN WITNESS WHEREOF,effectiveasofthe 20th day of December 2006 , I have hereunto set my hand and caused my official seal to be affixed this 20th day of December 2006 , '_4.� fie John Garamendi Insurance Commissioner L By Patricia K. taggs for Richard D. Baum ," Chief Deputy NOTICE: Qualification with the Secretary of State must be accomplished as required by the California Corporations Code promptly after issuance of this Certificate of Authority.Failure to do so will be a violation of Insurance Code Section 701 and will be grounds for revoking this Certificate of Authority pursuant to the convenants made in the application therefor and the conditions contained herein. ✓ORM C&) =7 OSP 00 39391 • • 'Executed in Three Counterparts Bond No. 12048969 Premium Included in Performance Bond PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Seal Beach,has awarded to Imperial Paving Company, Inc. 10715 Bloomfield Avenue. Santa Fe Sorinas. CA 90670 (Name and address of Contractor) ("Principal"), a contract(the"Contract")for the work described as follows: Main Street Parking Lots Rehabilitation - Project No. 50237 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 The Guarantee Company of North America USA 1800 Sutter Street, Ste. 735, Concord, CA 94520 (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 Seventeen Thousand Four Hundred Eighteen and 75/100 Dollars (5 17,418.75 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 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 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 Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code §§ 2845 and 2849. II-6 • • 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: February 20, 2008 "Principal" "Surety" Im•erial Pavi • Company, Inc. j The Guarantee Company of North America USA a . By By Its - f / Aar Its Willia`. 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. • II-7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT erw-r-e .cr>.cpccc.cccr -c-ttecececce.errcctenencc.`*-. .crcres>4; ec`.crye' •e'cerc'<'.cc.crcczcocr-ce. .c State of California County of Los Angeles J} On a/�. 015 before me, Fritz Dow Coy, Notary Public Oat Here Insert Name and Title of the Officer personally appeared Jim Dunleavy , President Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is FRITZ DOW COY true and correct. " .. Q S Comm.c 1487737 D .' ' CO �Y.¢r`• NOTARY PUBLIC CALIFORNIA Q Y? Los ANGELES COUNTY v WITNESS my hand and official seal. My Comm.Expires MAY 4,2006 Signature .�� Ca s Place Notary Seal Above a ignature o ••a• ' • e OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General RIGHr7MUMBPRINT ❑ Partner ❑ Limited ❑ General RIGHTTHUMBPRINT ❑ Attorney in Fact OF SIGNER ❑Attorney in Fact OF SIGNER. ❑ Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: (HKX_:Cc-c'r-<x-c'<,<x-v'c-t.'at>c_HC“..`c-cX,C.!gc.`4)(ac``%c:• eCeC ,`QC : 1/2c.Y-V`c:(,v-er-v`P:C^u;`c'A•,'c.c;�%c Aux-.t;Y=t>g?cIC;c,`<:t,`r-t,`�%cx_-c>uxx r-c`�.( 02007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402*Chatsworth,CA 91313-2402•www.NationalNotary.org Item#5907 Reorder:Call Toll-Free 1.800.876-6827 • • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ra: '..i9'RtNg '.W.n-iY:A�.H 01nA.L.`Pi�O•i�..n�n*6'TY'02.--1C 9.'n'�r �C.va:.9L'-c State of California County of Orange J} On 02/20/08 before me, R. Haas-Bates, Notary Public Date Here Insert Name and Title of the Officer personally appeared William Syrkin Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the persons) whose name(s) is/ere subscribed to the within instrument and acknowledged to me that he/shekhey executed the same in his/her/thoic authorized capacity(4es), and that by his/Her/theif signature(s) on the r s+ 'b R HAAS-BA`fES instrument the person(st, or the entity upon behalf of Coreu.+.0 147399'3 which the person(s-acted, executed the instrument. 5 N9' • et rNOTARYPUaue-CALIFORNIA g , $4 ORANGE COUNTY • r - COMM.DIP.MAROIL2X8 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. Signature'�'�t� Place Notary Seal Above Signature o Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document:— — Document Date: ___ Number of Pages: __- Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual • Corporate Officer—Title(s): ❑Corporate Officer—Title(s): • Partner—Cl Limited ❑ General t erTMU NT =l Partner—C Limited ❑ General • Attorney in Fact - OF SIGNER . :rE Attorney in Fact Top of thumb here Top of thumb here • Trustee (I:Trustee E Guardian or Conservator E Guardian or Conservator ❑ Other: ❑Other: • Is Representing: _ Signer Is Representing: r.'e+: ...-F- -r !'_ s r'p aK.,-,.. .{{-e..q:er _ 'r_'.. 's•'-„y, '":•�- -``FZ.. z`G.'CVR�.' _ -e'-r`..02007 National National Notary Association.9350 De Soto Aee..P.O.Boa 2402•Cfats ortltCA 91313-2402•www.Nationeirtotaryorg Item 05907 Reorder,Call Toll-Free 1-800.876.6827 SWIM IRE GUARANTEE COMPANYOF NORTH AMERICA USA xceltparnrt fiowpatsefra. •• Southfield,Michigan y;t,SAj g 1 a \� POWER OF ATTORNEY .KNOW ALL BY THESE PRESENTS:That THE GUARANTEE COMPANY OF NORTH AMERICA USA,a corporation organized and existing under the laws of the State of Michigan,having its principal office in Southfield, Michigan,does hereby constitute and appoint William Syrkin,Matthew C. Welty Millennium Corporate Solutions,Inc. its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof,which are or may be allowed,required or permitted by law,statute, rule,regulation,contract or otherwise. The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA 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 the principal office. The Power of Attorney is executed and may be certified so,and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By-Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31s day of December, 2003. The President,or any Vice President,acting with any Secretary or Assistant Secretary,shall have power and authority: 1. To appoint Attorney(s)-in-fact,and to authorize them to execute on behalf of the Company,and attach the Seal of the Company thereto,bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof;and 2. To revoke,at any time,any such Attorney-in-fact and revoke the authority given,except as provided below 3. In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner— Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 31a day of December 2003,of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer,this 13th day GJpppNTEECO` of November,2007. ,..: e _s:: THE GUARANTEE COMPANY OF NORTH AMERICA USA 'N. AMt ) `. _ �:• � l STATE OF MICHIGAN Stephen Dullard,Vice President Randall Musselman,Secretary County of Oakland On this 13th day of November,2007 before me came the individuals who executed the preceding instrument,to me personally known,and being by me duly sworn,said that each is the herein described and authorized officer of The Guarantee Company of North America USA;that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of said Company. ;r•'z-- .,_ Cynthia A. Takai IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee :"'i'1`""°=`E_- Notary Public, State of Michigan Company of North America USA offices the day and year above written. " County of Oakland My Commission Expires February 27, 2012 1. ' �Q � �}tOlCo nil--4-4U- (/' . add�{G'z.L I, Randall Musselman,Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA,which is still in full force and effect. IN WITNESS WHEREOF,I have thereunto.set my hand and attached the seal of said Company this 20th day of February 2008 Jp,ANTEEC.o z • ,, . Randall Musselman,Secretary y4aMnME00- STATE•CALIFORNIA • DEPARTMENT OF INSURANCE N4 0 8 3 0 5 SAN FRANCISCO Amended Certificate of Authority THIS IS TO CERTIFY THAT Pursuant to the Insurance Code of the State of California, The Guarantee Company of North America USA of Michigan , organized under the laws of Michigan . subject to its Articles of Incorporation or other fundamental organizational documents, is hereby authorized to transact within the State,subject to all provisions of this Certificate, the following classes of insurance: Surety as such classes are now or may hereafter be defined in the Insurance Laws of the State of California. THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all,and not in violation of any,of the applicable laws and lawful requirements made under authority of the laws of the State of California as long as such laws or requirements are in effect and applicable,and as such laws and requirements now are, or may hereafter be changed or amended. IN WITNESS WHEREOF,effective as of the 20th day of December 2006 , /have hereunto set my hand and caused my official seal to be affixed this 20th day of December 2006, John Garamendi Insurance Commissioner r a.,. rs By Patricia K. taggs for Richard D. Baum &,nep Chief Deputy NOTICE: Qualification with the Secretary of State must be accomplished as required by the California Corporations Code promptly after issuance of this Certificate of Authority.Failure to do so will be a violation of Insurance Code Section 701 and will be grounds for revoking this Certificate of Authority pursuant to the convenants made in the application therefor and the conditions contained herein. FORM CR•3 OSP W 39391