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HomeMy WebLinkAboutAGMT - E.C. Construction Company (Sand Berm) H Recorded in Official Records, Orange County Tom Daly, Clerk-Recorder RECORDING REQUESTED BY 1111(111111 IFh 11111 IIillh)llhIill IHI I1 11111 11111 liii!filial NO FEE AND WHEN RECORDED MAIL TO 100 2008000354344 02:05pm 07/24/08 N12 1 CITY OF SEAL BEACH o.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 "" 4 NOTICE OF COMPLETION I� Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. N\� 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 substantially completed on June 1_2008 The work was Annual Winter Sand Berm Construction and ttemoval,-Phase 17 6. The name of the contractor, if any, for such improvement was: E.C. Construction Company. The date of the Contract Award was: February 11, 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 199-103-02, Seal Beach, California 90740. Date: 7W o 11 ate Signature of owner or corpora e o•icer of own 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 '7'2I'ot , 2008, at al Beach, Californ'- (Date of Signature) Director of Public !Yorks This Document wa- electronically recorded by Efpert Mail A Recorded in Official Records, Orange County RECORDING REQUESTED BY Tom Daly, Clerk-Recorder AND WHEN RECORDED MAIL TO IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII NO FEE 2008000574453 11 :17am 12/15/08 CITY OF SEAL BEACH 213 92 ■12 1 Attn: City Clerk 0.00 0.00 0.00 0.00 0.00 0.00 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 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 substantially completed on - November 147-2008:The-work-was Annual Winter Sand-Berm Construction'and Removal, - Phase 2. 6. The name of the contractor, if any, for such improvement was: E.C. Construction Company. The date of the Contract Award was: February 11, 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 199-103-02, Seal Beach, California 90740. Date: /24 et ‘frieV Signature of owner or corporate officer of own 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 �fl� C/ , 2008, at Se each, C (Date of Signature) ,u Dir-ctor of Public Works • •., -02ti Recorded in Official Records, Orange County Tom Daly, Clerk-Recorder RECORDING REQUESTED BY III IiIIVIIIIIII I111nII IIIIIIIIIII11111111011 IIINO FEE AND WHEN RECORDED MAIL TO 200 300900026267410:15am 05126!09 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 P N Space of above this line for Recorder's use. if — No Recording Fee Pursuant to Government Code Section 6103, 27383 .... I 1 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 substantially completed on April 10, 2009. The work was Annual Winter Sand Berm Construction and Removal, Phase 3. 6. The name of the contractor, if any, for such improvement was: E.C. Construction Company. The date of the Contract Award was: February 11, 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 199-103-02, Seal Beach, California fo 90740. OTDate: ' `� 7 _ 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 5-/lt4 i2 , 2009, :t Sr :I :•.ch, Californi. . (Date of Signature) - Director of Public Works • PUBLIC WORKS CONTRACT • For the following project named Sand Berm Construction and Removal, Specification No. BCH 100, in the City of Seal Beach. THIS AGREEMENT, made and entered into this 11th day of February 20Q, by and between the City of Seal Beach, California, hereinafter referred to as the "CITY," Party of the First Part, and E.C. Construction Co. hereinafter designated as the "CONTRACTOR," Party of the Second Part. WITNESSETH: That the Parties do hereto mutually agree as follows: ARTICLE I. For and in consideration of the payments and agreements hereinafter mentioned to be made and performed by said CITY, the CONTRACTOR agrees with said CITY to 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 . famished by the CITY), and to do everything required by this Agreement and the said Specifications, Drawings, and Contract Documents. ARTICLE IL For furnishing all said materials and labor, furnishing and removing all plant, temporary works or structures, tools and equipment and doing all the work contemplated and embraced in this Agreement, also for all loss and damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the work until its acceptance by said CITY, and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work; except such as in the said Specifications are expressly stipulated to be borne by the said CITY and faithfully completing the work and the whole thereof, in the manner shown and described in the said Drawings, Specifications, and Contract Documents and in accordance with the requirements of the Engineer, said CITY will pay and the CONTRACTOR shall receive in full compensation, therefore, the unit prices and the lump sum prices named in the Schedule of Work Items of the Proposal. ARTICLE III. The CITY hereby promises and agrees with said CONTRACTOR to employ and does hereby employ said CONTRACTOR to provide the materials and to do the work according to the terms and conditions herein contained and referred to for the price aforesaid, and hereby contracts to pay the same, at the time, in the manner and upon the conditions set forth in the Specifications and Contract Documents, and the said parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained. ARTICLE IV. The advertisement for Bids, the Proposal, the Specifications, and the Drawings mentioned therein, and all addenda issued by the CITY with respect to the foregoing prior to the opening of bids, are hereby incorporated in and made a part of this Agreement. ARTICLE V. The statement of prevailing wages appearing in the General Prevailing Wage Rates is hereby specifically referred to and by this reference is made a part of this contract. It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the bid of proposal of said CONTRACTOR, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith. ARTICLE VI. By my signature hereunder, as CONTRACTOR, I certify that I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workmen's compensation or to undertake self - insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. _ • • 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 Party of the First tart BY City Manager ' ATTEST: - Clerk BY AO1,1M/ i Clerk BY )( nn� .p ' .JY CONTRA TO of the Second Part PreOl - Title 2-21S CIA A G� Address G/ ✓In ( CG . • • • CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT ��F.cirtirt,rkr -sr +as..n. - e»iC:.ansCas_� - ,...ac. - wC+>.. _ o c�rirsr %4ri �'S,r< %I,rcreSrtirerF rat State of California County of Los Angeles . On 2 -21 -08 before me, Susan Catone, Notary Public Date Here Insert Name and Title of the Officer personally appeared Kenneth D. Walters, President Name(s) of Signer(s) • who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of • which the person(s) acted, executed the instrument. SUSAN CATONE Commission # 1534602 ` te I certify under PENALTY OF PERJURY under the laws i . z u , Notary Public - California of the State of California that the foregoing paragraph is , r Los Angeles County My Comm.Explres Dec 13,2008 true and correct. WITNESS my h and official seal. Signature MOW- MOW- e & - c Place Notary Seal Above 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: t: ID SELN_ L(344c4 Pweu W82its t 0m A-CT Document Date: 0 7 - _ I 1-0 9 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual n l! Corporate Officer — Title(s): 2tiSdpeJr ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General RIGHTTHUMBPRINT ❑ Partner — ❑ Limited ❑ General RIGHTTHUMSPRINr ❑ Attorney in Fact OF SIGNER ❑ Attorney in Fact OF SIGNER El Trustee • Top of thumb here 0 Trustee Top of thumb Here ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: ems, -u, n w. sygtageatyrw.. �r t crd:-,v4s mad o;-gre 0..w dwelt . —n . ny,cea«v.<-� -- s -. w4, d ® 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 4111 • BondNo, 104943140 Bond Premium $ 637.00 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Seal Beach,has awarded E. C. Construction Co. 2213 Chico Avenue. South E1 Monte, California 91733 (Name and address of Contractor) ("Principal"),a contract(the"Contract")for the work described as follows: Winter Sand Berm Construction and Removal WHEREAS, Principal is required wider the tams of the Contract to furnish a bond for the faithful performance of the Contract NOW,THEREFORE,we,the undersigned Principal,and Travelers Casualty and Surety Company of America 700 N. Central Avenue, Suite 800 Glendale; California 91203 (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 botmd unto the Public Agency in the penal sum of Sixty Thousand Nine Hundred Thirty Five and 00/l00 Dollars ($ 60,935.00 ), this amount being not less than the total contract price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns,jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT,if the hereby bounded Principal,his,her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform all the undertakings, terms, covenants, conditions and agreements in the Contract and any alteration thereof made as therein provided, on the Principal's part to be kept and performed,all within the time and in the manner therein specified,and in all respects according to their true intent and meaning, and shall 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. 411 411 .Dated: February 15, 2008 "Principal" "Sultry' E. C. Construction Co. Travelers Casualty and Surety ,.,/� Company of America BY: _ .f�, .i" 4 1 By: iRt. r* James F. Huff— Attorney—In—Fact By: Its $s (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, • • • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT .(<,:c-c '.GC'.GC,c,c-c`(2 --cc-c--G('.c,,-;: .GM.G(:ciC5G1'aiaiK-,ti.'. 'Xb^.Gic' `-GAO.Ge... r..0<i.00 0...22-raic,il(i,,,,.l`,G-ci,c,rc"v State of California County of LOS ANGELES On 2-20-08" before me, Susan Catone, Notary Public Date Here Insert Name and Title of the Officer personally appeared Kenneth D. Walters, President Name(s)of Signer(s) • who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of SUSAN cgioNE which the person(s) acted, executed the instrument. •�i Commisslon#1534602 � '" certify under PENALTY OF PERJURY under the laws z` �i•9 Notary Public-California CGlltornl � Y j \ 'V!r Los Angeles County of the State of California that the foregoing paragraph is • My Comm.Expires Dec 13,2008 true and correct. WITNESS my h d and official seal. Signature ` U 1 U Place Notary Seal Above 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 �1 • Title or Type of Document: I E otMAuLE ISOnI0 • Document Date: c2- 1 r-o8 Number of Pages: 2 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual Q ❑ Individual • ❑' Corporate Officer—Title(s): Pea - ❑Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General RIGHfT1UMBPRINT ❑Partner—❑ Limited ❑ General RIG ,-muMBPRINi ID Attorney in Fact OF SIGNER.- ❑Attorney in Fact - OF SIGNER ❑ Trustee Top of thumb here Trustee Top of thumb here ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: .-.-e+oe.-•..,..e,._.,.- .-^'.oA.w-vaL -e--ave--a-d•v-s--wad...-_• -••�,:��.. a-o�.�.v®-a.- -ao-a--o<- ±4'e . ©2007 National Notary Association•9350 De Soto Ave.,PO.Box 2402-Chatsworth,CA 91313-2402•www.NationalNotaryorg Item#5907 Reorder:CaltToll-Free 1-800-876-6827 State of California ) CALIFORNIA ALL-PURPOSE County of Los Angeles ) CERTIFICATE OF ACKNOWLEDGMENT • On February 15, 2008 before me, Priya Neilly, Notary Public (here insert name and title of the officer) personally appeared James F. Huff who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California,County of Los Angeles Subscribed and sworn to(or affirmed)before me State of California that the foregoing paragraph is true and correct. on thisl5th aayog ebruary ,2008 by James_. Huff WITNESS my and :nd official seal. proved tom. •n, b--sof satisfactory vidence to A bethe• • .,, ..,•pear .bef• ' / Signature! Signature ,A , (Seal) OPTIONAL INFORMATION Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document p Additional Information The preceding Certificate of Acknowledgment is attached to a document Method of Signer Identification titled/for the purpose of Proved to me on the basis of satisfactory evidence: LQ form(s)of identification ❑ credible witness(es) Notarial event is detailed in notary journal on: containing pages, and dated Pagers Entry ft • The signer(s) capacity or authority is/are as: Notary contact: ❑ Individual(s) Other t Lk Attorney-in-Fact ❑ Additional Signer(s) ❑ Signer(s)Thumbprint(s) ❑ Corporate Officer(s) iitle(A ❑ • ❑ Guardian/Conservator ❑ Partner-Limited/General ❑Trustee(s) ❑ Other: representing: N ames)of Personls)or Entirylies)Signer Is Rep resent l ng o ,.wn,.a.., rm.a w.wn+o...na.�a..o......vnw+o,wwma.o.arn.xr.«o...,uu.n.om.wwmxun,unww...nm>.n.� ®Copyright 2007 Notary Rotary,Inc 925 29th St,Des Moines,IA 50312-3612 Form ACK03. 10/07 To re-order,call toll-free I-877-349-6588 or visit us on the Internet at http//www.notaryrolary.com WARNIOHIS POWER OF ATTORNEY IS INVALID WITHOUT THE BORDER POWER OF ATTORNEY TRAVELERS J 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. 217012 Certificate No. 001931554 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 Maitland,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 Gary B. Merrill,and James F. Huff • of the City of Pasadena .State of California , 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 p rntineddn any ecdmrs or proceedings allowed by law. • y '• k_ sxs` IN WITNESS WHEREOF,the Companies have caused this instrument ito be signed and then corporate seals to be hereto affixed.this 4th September 2007 T = . day of f'" is y y tt Farmington Casualty Company a s St.Paul Guardian Insurance Company Fidelity and Guaranty Insnrance'Company y,y St.Paul Mercury Insurance Company Fidelity and Guaranty Insur ace 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 out =4PSU^r' ` 'VI♦ 'ai19E1\ 6"y O44 YSG" err 44r°6.� `�OSU4('„� Y e 1 982 O 19 / E Nra�at�•• I U4 • i F: OP 9 Jr'L i�HA R :4M T' Ai Off. 4`q,„c,Sp 1951 �.Elr` SF0.+" s co9a ,` g1 wwM Y 1896 4,\ saxL:. 11/4 p s �J 1`� � �2`CFaE`Nj �m 4 a � - 0' 44)) State of Connecticut By: City of Hartford ss. Genre 4 Thompson, enior ice President On this the 4th day of September 2007 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. St. Paul Guardian Insurance Company. St. Paul Mercury Insurance Company.Travelers Casualty and Surety Company.Travelers Casually 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. p.TlT In Witness Whereof.I hereunto set my hand and official seal. • W w' C • V.� My Commission expires the 30th day of June.2011. O PUBLIC/ ; Marie C.Tetreault.Notary Public **MCP S. 58440-5-07 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNIPh HIS POWER OF ATTORNEY IS INVALID WITHOUT THE ORDER This Power of Attorney is granted under and by the« lorin of the following resolutions adopted by the Boards o. rectors of Farmington Casualty Company.Fidelity and Guaranty Insurance Company. Fidelity and Guaranty Insurance Undewriters. Inc.. Seaboard Surety Company. St. Paul Fire and Marine Insurance Company. St. Paul Guardian Insurance Company. St. Paul Mercury Insurance Company.Travelers Casualty and Surely Company, Travelers Casually and Surely Company of America,and United States Fidelity and Guaranty Company.which resolutions are now in full force and effect.reading as follows: RESOLVED. Ih o 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 hands,recngnizences.contracts of indemnity,and other writings obligatory in the nature of bond.recognizance.or conditional undertaking,and any of said officers or the Board of I)irectot's 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 he 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(h)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, :my 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 he valid and binding Upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal skill 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, SL Paul Guardian Insurance Company. Si, Paul Mercury Insurance Company.Travelers Casualty and Surety Company,Travelers Casualty and Surety,C_oinpanyioffA mericarand United States Fidelity and Guaranty Company do hereby certify that the shove and foregoing is a true and correct cop}of the Powet of AUrney executed by said9Compunies.which is in full force and effect and has not been revoked Sis.,. J u'W�. 4 G -aa.) .® S IN I'RSTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Ca_npanies this 15 tb day of February , 10 08.AN) . . St- NN '" Kon M.Johann Assistant Secretary ,,,,SII! '` Wy' S $1'PfJ�G, b l j fit- --`TG I/9 on n, 4)ar'WO ° ' 'pc,n F.: �cUVVaRatm:: Y *cam J Qoa 1 o vas4 _a .n +v\ �� s& c� con °c9j,,nta r , 1977 i 0927 t 'i a tut ors _ fates m T � 1951 \. r ,se nt..o \\SaxL rr' W,a, na� ...1ts s.{� ,6� n�n \'� ✓^' 9�`cFnrN �'�r.".�g:..! ..;....!+',� 1....I" \\se. r t 'ro•.._Y+`` \'�I/1 AtN^' To verify the authenticity of this Power of Attorney,call I-800-1?I-3880 or contact us at www.travelersbondcorn. Please refer to the Attorney-In-Fact number. the above-named individuals and the details of the bond to which the power is attached. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER • Band No. 104943140 Bond Premium Premium Included in the Performance PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that WIIEREAS the City of Seal seach,has awarded to E. C. Construction Co. 2213 Chico Avenue, South El Monte, California 91733 (Name and address of Contractor) ("Principal"),a contract(the"Contract")for the work described as follows: Winter Sand Berm Construction and Removal WHEREAS,Principal is required under the terms of the Contract and the California Civil Code to secure the payment of claims of laborers,mechanics,materialmen,and other persons as provided by Jaw. NOW,THEREFORE,we,the undersigned.Principal,and Travelers Casualty and Surety Company' of America 700 N. Central Avenue, Suite 800 Glendale, California 91203 (Name and address of Surety) ('Surety")a duly admitted surety insurer under the laws of the Slate of California,as Surety,are held and firmly bound unto the Public Agency in thepenalsumof Sixty Thousand Nine Hundred Thirty Five and 00/100 Dollars($ 60,935.00 this mum=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 sent 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 STICH 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 3)81 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 mill 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 band, Surety further agrees to pay all court costs and reasonable attorneys' fees in an amount fixed by the coact 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. IN WI'T'NESS WFIEREQF,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: February 15, 2008 "Principal' 'Sump(' E. C. /Contruction Co. Travelers Casualty and Surety =, .o ,.5th Company of America By: f"`- ,. l.1."" -s— c— Its 'Qrret�t4(,t1 James F. Huff-Attorney-In-Fact By: I .. 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. • • • • • • • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT .crcy?,c�'�-c�..cc�'�.cr'cr�r�`-c-rvrwYr�r".rf rn>�.ri.,rr�wY:cYr".cr�vrrrcec�'crrcrirc�.crcncrcr�,ri-r�rcrlrirrr.r riY State of California County of LOS ANGELES 1} • On 2-20-08, before me, Susan Catone, Notary Public Date Here Insert Name and The of the Officer personally appeared Kenneth D. Walters, President Name(s)of Signer(s) • • • who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized • capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. SUSAN CATONE certify under PENALTY OF PERJURY under the laws Commission# 1534602 '. `' f the State of California that the foregoing is rti Note Angeles County California to true and correct. g g • ' My Comm.Expires Dec 13,2008 WITNESS my d and official seal. Signature Signature 4%, Place Notary Seal Above 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: Par Et it 606./0 Document Date: Z -IS'o g Number of Pages: 2 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual • Corporate Officer—Title(s): Pa-es. ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General RIGHT THUMBPRINT ❑ Partner—❑ Limited ❑ General RGHTTNUMBPR NT ❑ Attorney in Fact - OF SIGNER " El 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: (02007 National Notary Association•9350 De Soto Ave.,PO Boo 2402•Chatsworth,CA 91313-2402•www.NationalNotary.org Item#5907 Reorder:GallToll-Free 1-800-876-6827 • State of California ) CALIFORNIA ALL-PURPOSE • County of Los Angeles ) CERTIFICATE OF ACKNOWLEDGMENT • On February 15, 2008 before me, Priya Neilly, Notary Public (here insert name and title of the officer) personally appeared James F. Huff who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. State of California,County of Los Angeles I certify under PENALTY OF PERJURY under the laws of the Subscribed and sworn to(or affirmed)before me State of California that the foregoing paragraph is true and correct. omit:15th day of February2008 by James F. Huff WITNESS my • as• official seal. proved to me on rot satisfactory evidence to betheperso • /0 ppeared• for/ . Signature: AL i Signature 1,6 At'/v \ J (Seal) OPTIONAL INFORMATION - Although the information in this section is not required by law, it coul d prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document Description of Attached Document o Additional Information The preceding Certificate of Acknowledgment is attached to a document Method of Signer Identification ed/for the purpose of Proved to me on the basis of satisfactory evidence: • LO forms)of identification ❑credible witness(es) Notarial event is detailed in notary journal on: containing pages, and dated Page# Entry n The signer(s) capacity or authority is/are as: Notary contact: ❑ Individual(s) Other R Attorney-in-Fact ❑ Additional Signer(s) ❑ Signer(s)Thumbprint(s) ❑ Corporate Officer(s) ('tiers) ❑ ❑ Guardian/Conservator ❑ Partner-limited/General ❑ Trustee(s) ❑ Other: representing: Narnelsi of Person's)or Fntiielies)Signer is Representing �»,..,..v..r.w.b,-.v...-...v...a._,,.,.�..vn.ay.vd.a...r...�..,«......�.�.,.,.w.w..v,..-..,..�,broom.a�.�.�.......A,..w...w......o-.....,.�...,+.,.,.a..�..,«..�.o-.h...,..m..a».,W.b.„o..,.,.......v�...r,�..a........�.. r� ©Copyright 2007 Notary Rotary,Inc.925 29th 5t,Des Moines,IA 50312-3612 Form ACK03. 10/07. To re-order,call toll-free(-877-349-6588 or visit en on the Internet at http//www notaryrotary corn WARNI THIS POWER OF ATTORNEY IS INVALID WITHOUT THE ilIBORDER a • 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 Surely Company Travelers Casualty and Surety Company of America St.Paul Fire and NIarine Insurance Company United States Fidelity and Guaranty Company Attorney-In Fad No. 217012 Certificate No. 001931555 KNOW AL1.NIEN RV 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 Taws of the State of Nlinnesota,that Farmington Casualty Company.Travelers Casually 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 Slate 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-I.and that the Companies do hereby make-constitute and appoint Gary B. Merrill,and James F. Huff of the City of Pagai t:ma .State of California . 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 co 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 perntitied'in tin •uctions or proceedings allowed by law. i.. • IN WITNESS WHEREOF.the Companies have caused this instnuncm,to be signed and thctr corporate seals to he hereto affixed this 4th day or September 2007 Farmington Casualty Company St.Paul Guardian Insurance Company Fidelity and Guaranty In urance'Co pang ;�`tt St.Paul Mercury Insurance Company �- Fiddih'and Guaranty Insurance Undenrrilers.Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America Si.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Csu�r i p�b f XF 1,2 • • • ,an - y E sMf E�r '\^!a,;o. -------- l� „file � w1 4T 6 i V;j% i v0 •r`s 1 p c010 � 98E n 1977 1927 !` �f_L r) \aR � � w �5 ly 66�s— E 1951 . 0, j WARN! ' HIS POWER OF ATTORNEY IS INVALID WITHOUT THE Ra3ORDER This Power of Attorney is granted under and by the unity of the following resolutions adopted by the Boards c rectoll of Farmington Casualty Company.Fidelity and Guaranty Insurance Company. Fidelity and Guaranty ty Insur nce Underwriters. Inc.. Seaboard Surety' Company. Sr. Paul Fire and Marine Insurance Company. St. Paul Guardian Insurance Company. St. Paul Mercury Insurance Company.Travelers Casually and Surely Company. Travelers Casually and Surety Company of America.and United Slates 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 ('resident, 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 Berard 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 fled 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 Ikesdent.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 Compamt 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 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 hearing 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 he valid and hinding on the Company in the future with respect to any bond or understanding to which in is attached. I.Kori M.Johanson.the undersigned.Assistant Secretary.of Farmington Casually Company'.Fidelity and Gu:uangy Insurance Company.Fitiehty and Guaranty Insurance Underwriters. Inc.. Seaboard Surety Company. St. Paul Fire and Marine Insurance Company, Si. Paul Guardian Insurance Company. Sr. Paul Mercury' Insurance Company.Travelers Casualty and Surety Contpanv.'Travelers Casualh•and S rely"Coinpany•of;Ameripa,and United Stales Fidelity and Guaranty Company do hereby cenils that the above and foregoing is a tare and correct copy of the Power of Attorney executed by said'Contpanies,which is in full force and effect and has not been revoked- t" x Sa.� 1N IFSTI\II)N\'\'HEREOF, I hit hereunto set my hand and fixed the•scal_of said•Com;ties this 15th tl;ly.of February , 2008. �o� �� $� *0 � i -,/(,e t. Kori I.loh;ms r\ssistunl Secretary tW8' ' ;• 'c l.iiy el Y IAf ♦ �v r ,V cs ® ♦OyntWEp,! ( ^ .}`ng E`NCOPPo : l' . — e: i j � 5.�ALQ 1951 SEAj x� ¢Y' sQ,: x / \\s' ° ���11 AINdt" To verify the authenticity of this Power of Attorney.call I-800-42 I-3880 or contact us at www.i ravelersbrnd.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