HomeMy WebLinkAboutAGMT - SoCal Pacific Construction (West End Storm Water Pump Station #50050) This Document vita electronically recorded 111/Cert Mail C. . _. ---_
Recorded in Official Records, Orange County
RECORDING REQUESTED BY
Torn Daly, Clerk-Recorder
AND WHEN RECORDED MAIL TO ��III�IIIIIIIIIII�III�200 80II00I1I216 NO
09 54am 03/17/08
0.00 195 0.00 0.00 1
CITY OF SEAL BEACH
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
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'" Street, Seal Beach, CA 90740
--- - - -
47- fh2 nature of-tne interest-or-eslaie of-the owner-is:'In Fee.-CiiyofSeal-Beacfi. - -- - -
5. A work of improvement on the property hereinafter is described as substantially completed on
March 10, 2007. The work was West End Pump Station Project No. 50050.
6. The name of the contractor, if any, for such improvement was: Socal Pacific, Incorporated.
The date of the Contract Award was: November 13, 2006.
7. 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: 43 1 Riversea Road, Seal
Beach, California 90740.
Date: -37//k
i
Signat re 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 p penalty of perjury the foregoing is true and correct.
Executed on 7 ' !f 'o8 , 2008, a e ch, C. ' : a.
(Date of Signature)
. _ - .- . .. ... .. _ rn& / iii 1"
irector of Public Works
•
WEST END STORM WATER PUMP STATION INTERIM IMPROVEMENTS
Rria.ta +i- 5D0SD
For WEST END STORM WATER PUMP STATION INTERIM IMPROVEMENTS,in the City of Seal Beach.
THIS AGREEMENT, made and entered into this 1 3th day of Nov. 20 6 by and between the
City of Seal Beach, California, hereinafter referred to as the "CITY," Party of the First Part, and
Socal Pacific Construction Corp. 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 the WEST END STORM WATER PUMP
STATION INTERIM IMPROVEMENTS, 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 suntitits 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 apart 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.
•
I - CONTRACT DOCUMENTS-Book n of El
P:1042 CIP-arm!Improvement Progrvm 1043 50050_West @ndPwmp SmrimdPS&IBook J!-Bid Decumentdoc
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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 SE• ./BEACH, CALIFORNIA
Party o - it Part
BY .4 I/%
City M. .ger
AT ST: /k9P1114LI
ZW
BY
CONTRACTOR-'Party of the Second Part
Anton Anstett
President
Title
29885 2nd St. , Unit J Lake Elsinore, CA. 92532
Address
-2- CONTRACT DOCUMENTS-Book Hof Hl
P 1012 CIP-Capital Improvement Programl043 50050_Wesi End Pump Slaao,,PS&EBoak1!-Bid Docun,entdoc
•
AGREEMENT TO COMPLY WITH
CALIFORNIA LABOR LAW REQUIREMENTS
[Labor Code§§ 1720, 1773.8, 1775, 1776, 1777.5, 1813, 1860, 1861,3700]
•
•
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 Section 1776 which require
Contractor and each subcontractor to (I) 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.
4. 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. .
5. 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. .
•
6. 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 3700 of the Labor Code which require every employer to be insured
against liability for worker's compensation or to undertake self-insurance in act. ., ce with the provisions of that code,
and I will comply with such provisions before comment • • - erfor ma•-- of - • f•.• of this contract."
Date Nov. 21 , 2006 Signature �e
Anton Anstett — President
•
Pi032 CIP-Capital Improvement Program10-13 300W0_Were End Pump SmnonlYS&ElBook II-Bid Documentdos CONTRACT DOCUMEMS-Hoak B Of 111
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STATEMENT ACKNOWLEDGING PENAL AND CIVIL PENALTIES
CONCERNING THE CONTRACTORS' LICENSING LAWS
[Business&Professions Code § 7028.15]
[Public Contract Code § 20103.5]
I, 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 § 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 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 suni 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 ajoint 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.
•
(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 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 three business days. For purposes of this
section, a telephone response by the board shall be deemed sufficient.
Public Contract Code § 20103.5:
-9-
CONTRACT DOCUMENTS-/3ook of III
P1042 CIP-Capital mprovement Program1043 50050 Wert End Pump StarionkPS&EIBook II-Bid Document doe -•
•
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,of the bidder.
Licenseno.: 443117 Class: A B •& C-33 Expiratio -30-2007
Date Nov. 21 2006 Signature -
Anton Anstett - Pre ident
•
- 10- CONTRACT DOCUMENTS—Book Q of Ifl
P 104 CIP-Capim(Imprmement Program10l330050 Wen End Pump StatiodPSSEIBook Il-Bid Donmientdoc
• PREMIUM IS FOR CONTRACT TERM
AND IS SUBJECT TO ADJUSTMENT
BASED ON FINAL CONTRACT PRICE
Premium: $23,067
Bond No, 5111009592
BOND IS ISSUED IN THREE (3) COUNTERPARTS
PEItt'ORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that;
WHEREAS the City of Seal Beach,has awarded
WEST END STORM WATER PUMP STATION INTERIM IMPROVEMENTS
to SoCal Pacific Construction Corp. , 29885 Second Street, Unit J,
Lake Elsinore, CA 92532
(Name and address of Contractor)
("Principal"),a contract(the"Contract")for the work described as follows:
West End Storm Water Pump Station Interim Improvements, CIP Project No. 50050
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 Arch Insurance Company
10755—F Scripps Poway Parkway #448, San Diego, CA 92131
(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 ia the penal stun of Two Million Three Hundred Sixty—Three Thousand
Seven Hundred Seventy—Seven & No/100 ' Dollars $ 2.363,777.00 ), 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 TkliS 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 frill force and effect.
-3 - CONTRACT oocca NTs—Book coral
P:lo+)OP-cp:ml fnwrowmn,,programloll 50050 W.tb&.'mw Sratio.:IPSalDo efr-adDom,nn::,.Az
• •
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La 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
PORTI-IER, 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 Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly
signed by its undersigned representatives)pursuant to authority of its governing body.
Dated: November 20, 2006
"Principal" SoCal Pacific "Surety"
Construction Cor . , I. urance Com.an
\/ AEI
By; Anton Anstett By: en L. Delo . -
Its President 'T! Attorney–In-Fact-= --
By. By
Its Its
.,(Seal) (Seal)
---Ncte`::Tlus bond must be dated, all signatures must be notarized, and evidence of the
authority of any person signingas-attorney iu=face muse be-a tachcd.
4-
CONTRACT DOM/AWLS-awe n of of
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CALIFORNIA ALL PURPOSE It KNOWLEDGMENT •
State of California
County of San Bernardino
On November 20, 2006 before me Kathleen Ryan, Notary Public
Personally appeared Gale L. Delo
[X] personally known to me -OR [ ] proved to me on the basis of satisfactory evidence
to be the person whose name is subscribed to the within
instrument and acknowledged to me that she executed the
same in her authorized capacity, and that by her signature
on the instrument the person, or the entity upon behalf of
�^^ which the person acted, executed the instrument.
c"-'., KATHLEEN RYAN
eat` '8°; NorAROVAPUBUG AL ORNU x WITNESS my hand and official seal.
V SAN BERNARDINO. COUNTY v' y My Camm.Exp.JUlY 26.2010 c /) X
OPTIONAL [...----
Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment
of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
[ ] INDIVIDUAL
[ ] CORPORATE OFFICER
Performance Bond
Title(s) Title or Type of Document
[ ] PARTNERS [ ] LIMITED
[ ] GENERAL 2
[X] ATTORNEY-IN-FACT Number of Pages
[ ] TRUSTEE(S)
[ ] GUARDIAN/CONSERVATOR
[ ] OTHER: November 20, 2006
Date of Document
SIGNER IS REPRESENTING:
Arch Insurance Company SoCal Pacific Construction Corp.
Signer(s) other than Named Above
0
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
1.. :., •At- `-.gx,.ca ):ii.L. <A ,.. .Ji„.- ..0 of 2:c1S. .N..\C.-. aR-.a.m..,s..•--9:ca 9.fl.'- _ - @ w.@ v'Y
State of California
. SS. s
I' County of Riverside Al
OnJ OU d 6?f ZQ p, before me, Cindy Banta, Notary Public
Date Name end Title of Officer(e.g.,'Jane Doe,Notary Public') t.
8
• personally appeared Anton Anstett , v
a Name(s)of Signer(s) 9,
® personally known to me
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1 , 1472022 to be the person(%) whose name(h) istattx Pi
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t.. _ �I!4' .11 .CaManb subscribed to the within instrument and 0 ISM _y i y t Rwedda acknowledged to me that_heiohekth y executed
a � �6AeCanm•E24' the same in his/ dsc authorized y,
capacity(ies)x and that by hiss( so
is
signature(w) on the instrument the person(t), or
the entity upon behalf of which the person(V) s
acted, executed the instrument.
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WITNESS my hand�atidd.00fficial seal. s.
lit `�-�"� a
Q Place Notary Seal Above gnature of Notary Public A
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rat 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. 5
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I Description of Attached Document y
G Title or Type of Document: .
l • Document Date: • Number of Pages: - e
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a Signer(s) Other Than Named Above: s,
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a Capacity(ies) Claimed by Signer - ki
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❑ Individual C::r.OF SIGNER:4'.; S.
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❑ Trustee . - 9i
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®1997 National Notary Association-9350 De Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313-2402 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827
• •
Premium is included in Performance Bond
Bond No. 3111009592 PA'YMENTBOND
•BOND IS ISSUED IN THREE (3) CO NTT RP RTSATERTALS)
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Seal Beach, has awarded to SoCal Pacific Construction Corp.
29885 Second Street, Unit J, Lake Elsinore, CA 92532
(Name and address of Contractor)
("Principal"), a contract(the"Contract")for the work described as follows: -
WEST END STORM WATER PUMP STATION INTERIM xIv;PROVEMBNTS
CIC Project No. 50050
WHEREAS, Principal is required under the terms of the Contract and the California Civil Code to secure the payment
of claims of laborers,mechanics,material/nen, and other persons as provided by law.
NOW,THEREFORE,we the undersigned Principal, and Arch Insurance Company
10755—F Scripps Poway Parkway #448, San Diego, CA 92131
(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 Two Million Three Hundred *(1) . Dollars
($2,363,777.00 ) 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 stun 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 St 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 3182 of the California Civil Code so as to
give a right of action to such persons or thou 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 worlc to be performed thereunder, or the specifications for
*(1) Sixty—Three Thousand Seven Hundred Seventy—Seven and No/l00
5-
CONTRACT POCw,rI rs—aootaorm
1.100 OP-Cuylre)Joro. .nefrvdrem60 J0030 WdIlEweIA,y smnonws@5I6eek11.CMbee.nm,M1doo
._... . -th a-same;shall -in s y' ffect its obligations under its-San di Sandi-Lid-it-does lareby./.v�Ve-tot� .af any such chan e
,
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.
IN WITNESS vn-itr ,$0F, 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: November 20, 2006
"Principal" SoCal Pacific "Surety"
Construction Corp. Arch Insurance Company
By: Anton Anstett Ey: Gale Delo
Its President I Attorney—In—Fact
]3Y: 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- CONTRACT DOCUMENTS-aonka cart
t:on C/P-Capital/mprownwu Progrom1O41100l0_War&W Imp SIatMIWS&910ookil•Bid Dwmnbntd o
CALIFORNIA ALL PURPOSE.KNOWLEDGMENT •
State of California
County of San Bernardino
On November 20, 2006 before me Kathleen Ryan,Notary Public
Personally appeared Gale L. Delo
[X] personally known to me - OR [ ] proved to me on the basis of satisfactory evidence
to be the person whose name is subscribed to the within
instrument and acknowledged to me that she executed the
same in her authorized capacity, and that by her signature
on the instrument the person, or the entity upon behalf of
which the person acted, executed the instrument.
.•°"",. KATHLEEN RYAN
' COMM. #1678421 n
C • jt.. NOTARY PUBUGCALIfORNIA 7!
U SAN BERNA L.JIG COUNTY : WITNESS my hand and official seal.
%.,,, ",� My Comm.Ezp.JULY 26.2010 /- / /�
OPTIONAL L---'
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment
of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
[ ] INDIVIDUAL
[ ] CORPORATE OFFICER
Payment Bond
Title(s) Title or Type of Document
[ ] PARTNERS Dzr TNERS [ ] LIMITED
[ ] GENERAL 2
[X] ATTORNEY-IN-FACT Number of Pages
[ ] TRUSTEE(S)
[ ] GUARDIAN/CONSERVATOR
[ ] OTHER: November 20, 2006
Date of Document
SIGNER IS REPRESENTING:
Arch Insurance Company SoCal Pacific Construction Corp.
Signer(s) other than Named Above
• •
POWER OF ATTORNEY
Know All Men By These Presents:
That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its
principal office in Kansas City, Missouri (hereinafter referred to as the"Company") does hereby appoint
Peter M. Davis, Martin M. Davis, George A. DeCristo, Shannon Lopez, Gale L. Delo and Kenzie K. Thompson of Redlands, CA(EACH)
its true and lawful Attomey(s)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and
on its behalf as surety, and as its act and deed:
Any and all bonds and undertakings
EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the
payment or collection of any promissory note, check, 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.
The Company may revoke this appointment at any time.
The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said
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 Kansas City,,,Nljsso}id, :.-.•
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This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of
the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by
the undersigned Secretary as being in full force and effect
'VOTED, 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 them 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 Attomey is signed, sealed and certified by facsimile under and by authority of the following resolution
adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003:
VOTED, That the signature of the Chairman of the Board, the President, or 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 the
resolution adopted by the Board of Directors on March 3, 2003, 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.
OOML0013 00 03 03
Page oft Printed in U.S.A.
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In Testimony Whereof, the Company has c2uced this instrument to be signed and its corporate seal to be affixed by their
authorized officers, this 4th day of_April 20 06
Arch Insurance Company
Attested and Certified
oance o`
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CORPORATE 'q
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Martin J. Nllsert secretary Edward M. Ti us Ice President
STATE OF NEW YORK SS
COUNTY OF NEW YORK SS
I Peter J. Calleo, a Notary Public, do hereby certify that Edward M. Titus and Martin J. Nilsen personally known to me to
be the same persons whose names are respectively as Vice President and Secretary of the Arch Insurance Company, a
Corporation' organized and existing under the laws of the State.of Missouri, 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 a•• voluntary act • sasaidorporation and as
their own free and voluntary acts for the uses and purposes therein set forth.
PETER J.CALLED,EEO.
Notary Public, State of New York
• No.02CA6108936 .' %t,._1
• Orillfled In New York County Pe -r J7%, • 'Note • 'Olio•commission Expires May 3, 2008 My comrniss expires 5-03 2008
CERTIFICATION
•
I, Martin J. Nilsen, Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated
on behalf of the person(s) as listed above is a true and correct copy and.that the same hasbeen;iri full:force'and 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
Edward M.(Titus, who executed the Power of Attorney as Vice President, was on the date of execution of the attached
Power of Attorney the duly elected Vice President of the Arch Insurance Company.. a
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affi d the corporat se I of the Arch Insurance
Company on this 20th day of November 2D06
. . Martin J. Nils , 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.
PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS:
Arch Contractors &Developers Group
135 N. Robles Ave., Ste. 825
Pasadena, CA 91101
gV,Y9tIC0
0 S fAI. /L ___
00ML0013 00 03 03 Missouri
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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