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HomeMy WebLinkAboutAGMT - Connolly Pacific Co. (Pier Deck Rehab) Recur tied iri Official Records, Orange County RECORDING REQUESTED BY Toni Daly, Clerk Recorder 1llIII 111,111 1l1'i,1111l1I1I IiIIff1:1 ll��h111IIII;!IIi No F=ELT AND WHEN RECORDED MAIL TO 2009000385846 08:15am 07120(09 CITY OF SEAL BEACH 115 91 N12 1 Attn: City Clerk 0.00 0.00 0 00 0 00 0.00 000 0-00 0-00 211 - 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 "" I 1P 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. The City of Seal Beach. 5. A work of improvement on the property hereinafter is described as substantialiy completed on June 5, 2009. The work was Pier Deck Rehabilitation Phases II & III Project No 50217 6. The name of the contractor, if any, for such improvement was: Connolly-Pacific Co.. The date of the Contract Award was: July 14, 2008. 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: APN 199-105-03, Seal_ - -Beach; California-90740. Date: /4 .Qt3 a Signature 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 • I f , 2009, at Seal Beach, Califor ia. (Date of Signature) Director of Public Works • AN AGREEMENT FOR PIER DECK REHABILITATION, PHASES II & III, SPECIFICATION NO. 50217 between SEA F �pPPORg q` f* *i fo o f 2 , cUUNTY. t''_ City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 Connolly- Pacific Co. Berth D40 1925 Pier D Street Long Beach, California 90802 Fax: (562) 435 -2035 THIS AGREEMENT is made and entered into this 14th day of July 2008, by and between the City of Seal Beach, a California charter city ( "City "), and Connolly - Pacific Co., a corporation ( "Contractor "). S7296- 0200 \1067022v1.doe • • RECITALS A. WHEREAS, City desires to replace decking on the Seal Beach Municipal Pier located at the intersection of Ocean Avenue and Main Street, Seal Beach, California ( "Project "); and B. WHEREAS, Contractor has submitted a bid to City for the Project on June 26, 2008 ( "Exhibit A "), which exhibit contains, among other things, provisions defining the Project scope and the cost associated with such Project scope; and C. WHEREAS, City accepts Exhibit A and desires to contract with Contractor to complete the Project in accordance with Exhibit A; and D. WHEREAS, Contractor represents that it is experienced and skilled in the performance of the services required to undertake the work required under the Agreement, and is • duly licensed to undertake the same; NOW, THEREFORE, in consideration of performance by the parties of the mutual promises, covenants, and conditions herein contained, the parties hereto agree as follows: AGREEMENT 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, 57296- 0200 \1067022v1.doc • • 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. IN WITNESS WHEREOF: The Parties hereto have caused this contract to be executed the day and year first above written. CITY OF SEAL BEACH, CALIFORNIA BY David Carmany, City Manager • Connolly- Pacific Co. (A Californi Corporation) B Y iJ ae� CONTRACTOR - Party of the SecoliA Part Steven A. Schryver Vice President /General Manager Title ATTEST: OVED ASz Linda Devine, City Clerk Quinn Barrow, City Attorney 3 S7296- 0200 \l067022v1.doc ! . • • APPENDICES B Faithful Performance Bond Page D -36 • • Executed in Duplicate Bond No. 190 - 017 -238, 104809490 Bond Premium $3,220.00 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Seal Beach, has awarded • Connolly- Pacific Co_ 19_25 Pier D St. Long Beach CA 90802 (Name and address of Contractor) ( "Principal "), a contract (the "Contract ") for the work described as follows: Pier Deck Rehabilitation Project. Phases II & III, Specification No. 50217 WHEREAS, Principal is required under the terns of the Contract to furnish a bond for the faithful performance of the Contract. NOW, THEREFORE, we, the undersigned Principal, and Liberty Mutual Insurance Company Travelers Casualty and Surety Company of America 860 Blue Gentian Rd., Suite 255 385 Washington St., MC104B Eagan, MN 55121 St. Paul, MN 55102 (Name and address of Surety) ( "Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Public Agency in the penal sum of Seven Hundred Forty Eight Thousand Seven Hundred Sixty and No /100 Dollars ($ 748,760.00 ), this amount being not Tess 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 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: June, 30, 2008 "Principal" "Surety" Connolly Pacific Co. Liberty Mutual Insurance Company - By: By: j Its Steven A. S hryver Its C.K. Nakamura, Attorney -in -Fact Vice President /General er Travele Sasua and Surety Company of America By: -- t7i By: a qu . Cabellon Its C.K. Nakamura, Attorney - in - Fact Assistant Secretary (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. • • ©, a1LoFOaaoA laLIL=PMIAPOO SCE /1©1CMCO MILIEDD GJEb4 State of California County of Los Angeles On July 25, 2008 before me, Jil Lowe - Hawkins Notary P1lhli Date Here Insert Name an Title of the Officer personally appeared Steven A. Schryver and Jacqueline P. C:ahel 1 on Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ie/are subscribed to the within instrument and acknowledged to me that bekslie /they executed the same in 14034.er /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. v ,.,, tt ft1 9�Y83 f2 certify I ti � under PENALTY OF PERJURY under the laws � [1 : meaty f�m."rr - of the State of California that the foregoing paragraph is � n/ Canty true and correct. WCorot May 2. WITNESS my hand and official seal. Signature `'-; Place Notary Seal Above p� p Signature of 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: Performance Bond Document Date: June 30, 2008 Number of Pages: 6 Signerfe3 Other Than Named Above: C.K. Nakamura Capacity(ies) Claimed by Signer(s) Signer's Name: Steven A. Schryver Signer's Name: .Tar cf11 in P. (label lnn ❑ Individual ❑ Individual IX Corporate Officer — Title(s): iID Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General _ Partner — ❑ Limited ❑ General RIH RIG'HTTHONIBPRINT ❑ Attorney in Fact OF1SIGNE13 ❑ 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: Connolly- Pacific Co. Connolly- Pacific Co. ©2007 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 State of California County of Los Angeles On June 30, 2008 before me, Lisa L. Thornton, Notary Public, personally appeared C.K. Nakamura 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 helshelthey executed the same in hislher /their authorized capacity(ies), and that by hislher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. I '. (s LISA L. THORNTON Signatu e Li - - • ■ rnton, N • tary Public o .47A COMM. #1728356 �t M •. r NOTARY PUBLIC - CALIFORNIA v - LOS ANGELES COUNTY I. _ My Comm. Expires March 30, 201 g CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On June 30, 2008 before me, Lisa L. Thornton, Notary Public, personally appeared C.K. Nakamura who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islafe subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hisIher/ heir authorized capacity(ies), and that by hislheritheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. 0 - 0 0 ,� (seal) Signature L. horn on, Nota Public A THORN" ON COMM. #1728356 M !,„11: : -14 • NOTARY PUBLIC - CALIFORNIA " a x= �,'i LOS ANGELES COUNTY My Comm. Exs Mara 30, 2011 2066686 - THIS POWER OF ATTORNEY IS NOT-VALI LESS IT IS PRINTED ON RED BACKGROUND- - - This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to:- : the extent herein stated.' `- < S 7 . r LIBERTY MUTUALMASSACHUSETTS:INSURANCE COMPANY 'BOSTON; POWER OF.ATTORNEY - KNOW ALL,PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the -"Company"),,a:Massachusetts stock-insurances company,pursuant to and by authorityof:the By-law and Authorization hereinafter set forth,does hereby name,constitute and appoint E.S.ALBRECHT,JR.,,C.K.NAKAMURA,LISA L.THORNTON;MARIA PENA,MARINATAPIA,EDWARD C.SPECTOR, KD CONRAD,JOYCEiHERRIN MICHAEL R. MAYBERRY,.BRENDA WONG,SIMONE GERHARD,ALL OF THE CITY OF LOS ANGELES,STATE OF CALIFORNIA` •- `;-each'individually if therebe more than one named,-its true and lawful attorney-in-fact to make, execute,seal,acknowledge and deliver,for and on its • ._behalf as and as its act and deed, any and all!undertakings, bonds, recognizances:and other surety obligations in the penal sum not exceeding • :. ONE HUNDRED MILLION AND 00/100 - . DOLLARS($ 100,000,000.00 """ -: )each and the execution of such undertakings,:bonds, recognizances and other surety obligations, in-:pursuance of these presents, shall;be as binding upon the Company as if they had been duly signed by the-president and attested by thesecretary of the Company in their own proper persons. - That this power is made and executed pursuant to and by authority of the following By-law and Authorization ARTICLE XIII Execution of Contracts:Section 5.Surety Bonds and Undertakings. Any officer of the Company':authorized for•that purpose in writing`by the chairman or the president and subject to such limitations as the chairman or the president may prescribe 'shall appoint such attorneys-in-fact, as may be necessary to actin behalf of the Company..to make, 7 execute, seal, acknowledge and deliver:as surety any and all undertakings,:bonds, recognizances and other surety obligations. -Such 13. attorneys-in-fact,.subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company::by their ` N. o- signature and execution of any such instruments and to attach thereto the seal of the Company: When so executed such instruments shall be ( _C' as binding as if signed by the president and attested by the secretary.• Co By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys in-fact:. .0 E - Pursuant to Article :X111,--Section-5, of the By-Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance-:Company,,is hereby �, authorized to appoint siren attorneys in-fact Is may.be necessary to act in behalf of the Company to make,execute,seal, acknowledge and C. deliver as surety any and all undertakings,bonds,recognizances and other surety obligations: 0._ m That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. - m c' d-j IN WITNESS•WHEREOF, this Power,of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of o-:a • Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 21st day of - December Qr°• o G - LIBERTY MUTUAL INSURANCE COMPANY G/- S�i� o aEp a Garnet W. Elliott,Assistant Secretary t oo' y 5; -,COMMONWEALTH OF PENNSYLVANIA ss` .. .. R y COUNTY OF MONTGOMERY wm: OC r r On this 21st : day of December , 2006 , before me, a Notary Public, personally came Garnet W. Elliott,:to me known, and acknowledged r e C that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above ,v_:3 .w Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. al .� T IN TESTIMONY WH•'1 pir 1.vel unto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania,on the day and year .2 N. t0 C 1r/ pt• 'C�. '' COMMONWEALTH OF FEt.N LVANIA - n ® £N: p � '. OF '. Tero9F`atoYN;tdpar�«'W9c .: B C 2 a aeartrT . aLn.2er< saPas'�^ ") gyp ! ; m � � m�,.��: Ter sa Pe astella Notary Public o CERTIFICATE '� g `' tkmUw.P,nnsNVaniofsscc�azlonoi$WGSe I—� i,the undersigned,Assistant ecretary of Liberty Mutual Insurance Company,do hereby certify that the original power;of attorney of which the foregoing ' •is a full,true-and correct copy, is in fell force and effect on the date of this certificate,and I do further;certify that the officer or official who executed the ; • said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys-in-fact as provided in Article S : XIII Section§of the By-laws of Liberty-Mutual Insurance Company. " - This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. • VOTED that the facsimile or mechanically reproduced signature,of any assistant secretary of the company, wherever appearing upon a • certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company'. .. with the same force and effect as though manually affixed - - IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said company,.this - day of • J11N3n7n8 • • \ ,t �Da -. Davi M.Carey,Assi nt Secretary • • WARNI THIS POWER OF ATTORNEY IS INVALID WITHOUT THE.BORDER r POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney-In Fact No. 219442 Certificate No. 0 0 2 4 0 3 9 5 KNOW ALL MEN BY THESE PRESENTS:That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York.that St.Paul Fire and Marine Insurance Company.St.Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota.that Farmington Casualty Company.Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the Slate of Connecticut, that United Stales Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland.that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the Slate of Iowa,and that Fidelity and Guaranty Insurance Underwriters. Inc.is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make constitute and appoint E.S.Albrecht Jr., Lisa L.Thornton, C.K. Nakamura,Maria Pena,Tracy Aston, Marina Tapia,Brenda Wong,Michael R. Mayberry, KD Conrad,Joyce Herrin,Simone Gerhard,and Noemi Quiroz of the City of I ne Anzorles . State of Cnlifnrnia , their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons.guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or perinil[ed'in anyaeiions or-proceedings allowed by law. 40,9 - 29th IN WITNESS WHEREOF,the Companies have caused this instrumentyto be signed and their corporate seals to be hereto affixed.this day of May 2008 .�^t�J�a . ' 11.(.00-1- (q a Farmington Casualty Comp� +if i2 St.Paul Guardian Insurance Company Fidelity and Guarant�In ur neeCompan\O St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America �y�x��^�uya}�y1y St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company SURE rrea flint c 9 $ / ^r'* Poll ^ 3 'pn nxo /4 de 6 `rf9 V' "'mum:: 9�o9 4� SL AM�a� } i` '~ (11/2ftrFO�No� tin 1so, "" s`�"`FSy ff 51 + s,`Prle '' J .AL:^t �SEA> ,\ CC)" n) votive t\ fb4 State of Connecticut By: City of Hartford ss. Georg ' Thompson.' ice President On this the 29th day of May 2008 before me personally appeared George W.Thompson,who acknowledged himself to be the Senior Vice President of Farmington Casualty Company. Fidelity and Guaranty Insurance Company. Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, Si. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America, and United Slates Fidelity and Guaranty Company, and that he. as such, being authorized so to do.executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer (TAR In Witness Whereof,I hereunto set my hand and official seal. ' ' Nci0 C • ±a My Commission expires the 30th day of June,2011. * AMMO * Marie C.Tctrcault.Notary Public ' PEC1' • 58440-5-07 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNIPHIS POWER OF ATTORNEY IS INVALID WITHOUT THE ORDER This Power of Attorney is granted under and by the.. ority of the following resolutions adopted by the Boards rectors of Farmington Casualty Company.Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company. St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company. St. Paul Mercury y Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company.which resolutions are now in full force and effect,reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President. any Vice President.any Second Vice President,the Treasurer,any Assistant Treasurer.the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity.and other writings obligatory in the nature of a bond.recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her:and it is FURTHER RESOLVED, that the Chairman, the President,any Vice Chairman, any Executive Vice President,any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED,that any bond,recognizance.contract of indemnity,or writing obligatory in the nature of a bond,recognizance.or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President,any Second Vice President.the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(tinder seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority: and it is FURTHER RESOLVED.that the signature of each of the following officers: President,any Executive Vice President,any Senior Vice President,any Vice President, any Assistant Vice President,any Secretary,any Assistant Secretary.and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof.and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I.Kori M.Johanson,the undersigned.Assistant Secretary,of Farmington Casualty Company.Fidelity and Guaranty Insurance Company.Fidelity and Guaranty Insurance Underwriters. Inc., Seaboard Surety Company. St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance. Company,Travelers Casualty and Surety Company.Travelers Casualty and Sureety Company.offAmeri m and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Purser of Attorney executed by said Companies.which is in full force and effect and has not been revoked. tlla:Ck�I�x`1P , 1.I° a N \' JUN 3 0 200$ IN TESTIMONY WHEREOF.I have hereunto set my hand and affixed the sealls of saidscompanes this_ day of , ALA NC”). 1%, ‘IN,;,,,. * Kori°hq Kori M.Johann Assistant Secretary O L,?:utr` ..yv1.. `. ft l.i��y Elra� , E 64 O\4 1y.fG `;:i XsZiNs Y � Mj g y 9 �La 9 i Ba4� t(tJ/4GPI'rA ` '�•u 19836 0 1 X977 mamma'” 1927 �2 4r u en x oavoxgrr:: aintron s j141Ftrarm.21f a c 0."s a 11951 - N, rt ~ys r;.!. SEAL 3 t 58dL fx{' W\ cavn.e'I 34.... . i Cl p % I s ��''ornav+% li.:..Ax.Je�, , 4s �� e\ ° r a.�" °31'p8j AN1fi" To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact as at www,travelersbond.com. Please refer to the Attorney-In-Fact number.the above-named individuals and the details of the bond to which the power is attached. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER • APPENDICES C Labor and Materials Bond Page D -37 • • Executed in Duplicate Bond No. 190 - 017 -238, 104809490 Bond Premium included with Performance Bond PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Seal Beach, has awarded to Connolly- Pacific Co. 1925 Pier D St. _ -- Long Beach CA 90802 - -- (Name and address of Contractor) ( "Principal "), a contract (the "Contract ") for the work described as follows: Pier Deck Rehabilitation Project. Phases II & III. Specification No. 50217 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 Liberty Mutual Insurance Company Travelers Casualty and Surety Company of America 860 Blue Gentian Rd., Suite 255 385 Washington St., MC104B Eagan, MN 55121 St. Paul, MN 55102 (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 Seven Hundred Forty Eight Thousand Seven Hundred Sixty and No /100 Dollars ($ 748,760.00 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, finely 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 terns 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 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: June 30, 2008 "Principal" "Surety" Connollv Pacific Co_ Liberty Mutual Insurance Company By: �ca..J►C By: Its , turea • ' S r ra er Its C.K. Nakamura, Attorney -in -Fact By: _ i. �� . _: By: q e ' - • e on Its ssistant Secretary Travelers Casualty and Surety Company of America By: C.K. Nakamura, Attorney -in -Fact (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. • • • • ©&ILEI FOO G°3fnIDA La,IL.PMRPOO SCE AC ICRIOO LIEDGMC fnl4 State of California County of Los Angeles On _Tuly 25, 2008 before me, Jil Lowe- Hawkins, Notary Public , Date Here Insert Name and Title of the Officer personally appeared Steven A. Schryver and Jacqueline P. Cabellon Name(s) of Signer(s) r who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ie/are subscribed to the within instrument and acknowledged to me that he /she/they executed the same in hisiher /their authorized capacity(ies), and that by biser /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. AL LOWE- HAWKINS Commission 0 1575372 I certify under PENALTY OF PERJURY under the laws " -s: �� , .� ; , Way t He - c allforrta* _ of the State of California that the foregoing paragraph is ,^ `OS County true and correct. Comm. Spires May 2. 2004 WITNESS my hand and official seal. Place Notary Seal Above Signature 611..t Sign 8ture N otary 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: Labor and Materials Bond Document Date: June 30, 2008 Number of Pages: 6 Signer(s) Other Than Named Above: C.K. Nakamura Capacity(ies) Claimed by Signer(s) Signer's Name: Steven A. Schryver Signer's Name: Jacqueline P. Cabellon ❑ Individual Vice President/ ❑ Individual Corporate Officer— Title(s): General Manager ® Corporate Officer— Title(s): Assistant Secretary ❑ Partner — 0 Limited ❑ General _, Partner — ❑ Limited ❑ General RI MINT RIGHTTHUNIBPRINT ❑ Attorney in Fact QF1S IGNER ❑ Attorney in Fact . QFFSIGNER El Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: Connolly- Pacific Co. Connolly-Parifit- Cn ®2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth. CA 91313 -2402 • www.NationalNotary.org Item 85907 Reorder: Call Toll -Free 1-800-876-6827 • • I CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On June 30, 2008 before me, Lisa L. Thornton, Notary Public, personally appeared C.K. Nakamura who proved to me on the basis of satisfactory evidence to be the person(&) whose name(&) islar-e subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislher/their authorized capacityfies), and that by hislherltheir signature{&; on the instrument the person(s), or the entity upon behalf of which the person(&) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. is 4,, Signat r ... • LISA L. T IORNTON a L. , ornto T)ta • ublic ; COMM. #1728356 M °- ' -: NOTARY PUBLIC - CALIFORNIA `.;.4 LOS ANGELES COUNTY —+ • • My C omm. Expires March 30, 2011 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On June 30, 2008 before me, Lisa L. Thornton, Notary Public, personally appeared C.K. Nakamura who proved to me on the basis of satisfactory evidence to be the person(&) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislher/their authorized capacity{ies), and that by his/her/thei* signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. osa 410r l (seal) S L Thorn on, Notary • ublic � �.. LISA L. THORNTON �! 'vim COMM. #1728356 0 c = t -') NOTARY PUBLIC - CALIFORNIA 0 5 !' r' LOS ANG COUNTY —+ My Comm. Expires March 30, 2 011 IS POWER OF ATTORNEY IS NOT_VALI•LESS 1T is PRINTED ON RED BACKGROUND, ' , , . , , 9 TH ::This Powerof.Attorney limits the acts of those named herein, and they`'have no authority to bind the Company except-in the manner and to the extent herein stated. . LIBERTY MUTUAL INSURANCE COMPANY - - " ".BOSTON,MASSACHUSETTS' POWER OF ATTORNEY .' KNOW ALL PERSONS BY THESE":PRESENTS: That Liberty Mutual Insurance Company (the "Company!),:a Massachusetts stock insurance company,pursuant to and by authority-of:the By-law and Authorization hereinafter set forth,does hereby name,constitute and appoint E.S.ALBRECHT,JR.;;C.lc NAKAMURA,LISA L.THORNTON MARIA PENA,MARINATAPIA.' EDWARD C.SPECTOR, KU CONRAD,JOYCE iHERRIN-MICHAEL'R. MAYBERRY;BRENDA WONG,SIMONE'GERHARD,ALL OF THE CITY OF• , - : LOS ANGELES,STATE OF CALIFORNIA- ' - ' j-each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute; seal,acknowledge and deliver, for and on its 'behalf as surety and as its act and deed;any and all.undertakings, bonds, recognizances`end other surety obligations in the penal sum not exceeding' ONE HUNDRED MILLION'AND 00/100 DOLLARS($ 100,000,000.00""' . )each,and the r execution of;such undertakings, bonds;:recognizances and other surety obligations, in pursuance of these presents, shall be:h as binding upon the Company as if they had been duly signed by the president and attested by thelsecretary of the'Company-in their own"proper persons ' : `, That this power is made and executed pursuant to and by authority of the following By-law and Authorization ARTICLE XIII Execution of Contracts:Section 5.Surety Bonds and Undertakings. Any officer of the Company,authorized for-that purpose in Writing.by the chairman or the president, and subject to such limitations as the - chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make, ti- ril execute, seal,-acknowledge and deliver as'surety any and all undertakings, bonds, recognizances:and other surety obligations. Such V "' attorneys-in-fact,.subject to the limitations..set forth in their respective powers of attorney,shall have full power to bind the Company by their _.N a, signature and execution.of any such instruments and to attach.thereto the seal of the Company. When so.executed such instruments shall be :d - as binding as if signed by the president and attested by the.secretary. ' •y C d By the following instrument the chairman or the president has authorized the officer or other official named therein to,appoint attorneys infact - >. -c : , Pursuant to Pursuant XIII Section,5 of the By Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance'Company, is hereby -g :A.= authorized to appoint such attorneys-in-fact as maybe necessary to eat in behalf of the Company to make, execute, seal acknowledge and .0 7 deliver as surety any and all undertakings,bonds,recognizances"and other surety obligations. - To 0 0,a That the By-law and the Authorization set forth above are true copies thereof and are now in full force ands effect. : w O` j IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal Of o,a z m Liberty Mutual-Insurance Company has been affixed thereto in Plymouth Meeting,Pennsylvania this 21st day of December - .".. ao.z - 2006 - °.. . - Q.v. LIBERTY.MUTUAL INSURANCE COMPANY. i.0 Oi- / l ae 3fa Cm m - - \ 'Garnet W Elliott,Assistant Secretary - - m o d.,,, :COMMONWEALTH OF PENNSYLVANIA ss 0 y ::COUNTY OF MONTGOMERY - o:c Of`' 1=.. On this 21st `' day of December 2006 ;'before me, a Notary Public, personally came Garnet W. Elliott, to me, .2:.,t known, and acknowledged till 0g f C that he is an Assistant Secretary of Liberty Mutual f s Insurance Company; that he knows the seal oaid.corporation;and that he executed the above S Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation 2 IN TESTIMONY WH. subscribed my name and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year Y.er -0 o first above written Q. goNW; , : - p cps !�9 COMMONW ALTHOFPEN YLVANIA : ,.��/4/� E fV' o 3 OF Tem aPas1eta;Naaty rte. By f/UALLW C� f,,,..,� `q MrCUVraivn Eapres N1ar 18.2709 Ter sa'Pastele;Notary Public u.� !gL '•a44.a}p��f1 4 mmr.i andsyhamo A660C anon at Nuadaa F---,:�'. .CERTIFICATE „gam --, .I,:the undersigned,Assistant ecretary of Liberty Mutual Insurance Company,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 officer or official who executed the` said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys in fact'as provided in Article ' XIII,Section-5 of the By-laws of Liberty Mutual Insurance Company. " This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the. " `following vote of the board of directors'of:Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. - VOTED that the facsimile or mechanically reproduced signature.of any assistant secretary;of the,company, wherever appearing upon a - certified copy of any power of attorney issued by the company in connection with surety.bonds,shall be valid and binding upon the company,. ` with the same force and effect as though,manually affixed, - IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said company,this - _day:of ' JUN 3 0 2008 iy `', . Davi M.Carey;Assi ntSecretary - WARNIIIrIS POWER OF ATTORNEY IS INVALID WITHOUT THE ORDER POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney-In Fact No. 219442 Certificate No. 0 6 2 4 0 3 9 6 2 KNOW ALL MEN BY THESE PRESENTS:That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York.that St.Paul Fire and Marine Insurance Company.St.Paul Guardian Insurance Company and St.Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota. that Farmington Casualty Company,Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut,that United States. Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa.and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the"Companies").and that the Companies do hereby make.constitute and appoint E.S.Albrecht Jr., Lisa L.Thornton, C. K. Nakamura, Maria Pena,Tracy Aston, Marina Tapia, Brenda Wong, Michael R. Mayberry,KD Conrad,Joyce Herrin,Simone Gerhard,and Noemi Quiroz of the City of Los Angeles .State of California , their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above.to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their,business of,guaranteeing the fidelity of persons. guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required ormittedtin anaclions or-proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this mswmentyto b slatted and then c rp to seals to be hereto affixed,this 29th day of May 2008 vi\;a`". '% (ci" . }pn . � %Farmington Casualty Coma , V . St.Paul Guardian Insurance Company Fidelity and Guarantvllnsuranceeompmty O St.Paul Mercury Insurance Company at ! Fidelity and Guaranty Insurance Underwriters,Inc Travelers Casualty and Surety Company Seaboard Surety Company 'Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company , q =4I.5(i1t+1 ,� /`_WIIY^ .rM PM nsn: " @hWyWryYC Y / `% pvY..... y • pp ON I- �- e 1982 o r 197g7c�'�g R, 1927 t / — k i g anmraa) j�x a t ' Ffi tut # t.F�p z> r SEAL i7r SEAL.p i t Ca". ` 3��e 1951 7 n e "Nf i 5.� " \Cr we" ..... 4 ayaT dlil A1H°, State of Connecticut By: r� City of Hartford ss. Georg J Thompson. cnior lice President On this the 29th day of May 2008 before me personally appeared George W.Thompson,who acknowledged himself to he the Senior Vice President of Farmington Casualty Company. Fidelity and Guaranty Insurance Company. Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company. St. Paul Mercury Insurance Company.Travelers Casualty and Surety Company.'travelers Casualty and Surety Company of America. and United States Fidelity and Guaranty Company, and that he. as such, being authorized so to do.executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. p.T In Witness Whereof.I hereunto set my hand and official seal. STAR C My Commission expires the 30th day of June.2011. * t0UB10 211 Marie C.Tetreault.Notary Public , �s 58440-5-07 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNI HIS POWER OF ATTORNEY IS INVALID WITHOUT THE ORDER _ , This Power of Attorney is granted under and by the•m Iority of the following resolutions adopted by the Boards o hectors of Farmington Casualty Company.Fidelity and Guaranty Insurance Company. Fidelity and Guaranty Insurance Underwriters, Inc.. Seaboard Surety Company. St. Paul Fire and Marine Insurance Company. St. Paul Guardian Insurance Company. St. Paul Mercury Insurance Company, Travelers Casually and Surety Company, Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company.which resolutions are now in full force and effect,reading as follows: RESOLVED, that the Chairman. the President, any Vice Chairman, any Executive Vice President, any Senior Vice President.any Vice President. any Second Vice President.the Treasurer.any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds.recognizances.contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking.and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her:and it is FURTHER RESOLVED.that the Chairman,the President.any Vice Chairman.any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary:and it is FURTHER RESOLVED.that any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond.recognizance.or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President.any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President.any Second Vice President,the'treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary:or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority: and it is FURTHER RESOLVED,that the signature of each of the following officers:President.any Executive Vice President,any Senior Vice President,any Vice President. any Assistant Vice President,any Secretary.any Assistant Secretary,and the seal of the Company may he affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents. Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof.and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I.Kori M.Johanson,the undersigned.Assistant Secretary.of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters, Inc.. Seaboard Surety Company. St, Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company. St. Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company.of,-Americaand United States Fidelity and Guaranty Company do hereby tom.. t d- +.'� certify that the above and foregoing is a true and correct copy of the Power of Anonmy executed by said£ompunies,which is in full force and effect and has not been revokeds - s), JUN 3 0 2008 m;. affixed TESTIMONY WHEREOF,I have hereunto set my hand mid axed theseals of saidrCompanies this day of ,20 . Kori M.khans Assistant Secretary cnst„a` ,: ,; SINEJy <., r4 hSU o� s yavatn y� +ow°x. ggg dA'°�•(��'rT��y¢ a x c°y' " ' 'r /� is) v`sF 0 X1984'6 0 "' OP.It 4.) ,- G. _ �+t r MvounrF.. a aUrtFOPD fN 3 N t >4„E t' 1951 y,.F`eeAn SEAL,gJ 3- SEAL'S,` coax '9� 8` + T , z m \ o �� M1Ea innlm >'Hw\N�f Iq'......' -'ta To verify the authenticity of this Power of Attorney,call 1-800-421-3880 or contact us at w✓ww.travelersbond.com. Please refer to the Attorney-In-Fact number. the above-named individuals and the details of the bond to which the power is attached. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER • • • • INDEMNIFICATION AND HOLD HARMLESS AGREEMENTAND WAIVER OF SUBROGATION AND CONTRIBUTION TITLE OF PROJECT OR WORK: Pier Deck Rehabilitation Phases II & III Indemnitor(s)(list all names): CONNOLLY-PACIFIC CO., (a California Corporation) To the fullest extent permitted by law; Indemnitor 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 "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-connectierr-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 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. • - - .- . . . . itec's right to recover under this indem•' • . •• . ..I• •• . . 'tee-shall-be-senelusive in favor of the Indemnitee's right to recover under this 'inden* ' . . 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(6). 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 Indemnitees. • -all parries claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while aeting-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 endless of any prior, cotumrrent, or subsequent active or passive negligence by tk 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. Notwithstanding the foregoing, the indenumitor's defense and indemnity obligations are limited to the proportional share of the damages caused by the Indemnitor or those for which it is responsible. "Indemnitor" Name: CONNOLLY-PACIFIC CO., a California Corporation By: e Steven A. Schryver, Vice President/G:.'ral Manager • • 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 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 worker 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 I, 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 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." Connolly—Pacific� Co. Date July 25, 2008 Signature Steven A. Schryver� Vice President/General Manager 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 (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: (I) 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 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. (t) 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: 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 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.: 424010 Class: A Expiration date: 6/30/10 Date July 25, 2008 Connolly—Pacific Co. , A California Corporation 1925 Pier D Street Long Beach, CA 90802