Loading...
HomeMy WebLinkAboutAGMT - Excel Paving Company (Alley Improvements)A02/2003 17:40 FAX 7148342675 i . PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: CITY OF SEAL BEACH CITY CLERK 211 - 8th Street Seal Beach, 90740 AND WHEN RECORDED MAIL TO: CITY OF SEAL BEACH ATTN: CITY CLERK 211 - 8th Street Seal Beach, CA 90740 TITLE OF DOCUMENT ORANGE- COUNTY -CLERK Z 002/002 Recorded in Official Records, County of Orange P Toni Daly, Clerk- Recorder IIIIIIIIIIII IIIIIIIIIfIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIINOFE E 213 1 R 8 02.42pm 07/23/03 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 RECORDING REQUESTED PURSUANT TO GOVERNMENT CODE SECTION 6103. THIS SPACE FOR RECORDER'S USE ONLY RESOLUTION NUMBER 5144 �v r :r• 6 Y l� 11: v � .Q THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fel; applies) 'P 059 -TITLE PAGE (R7195) JAN - 02 -2003 17 13 7148342675 9E% P.02 i . RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR PROJECT 49813C and 50062C THE ALLEY UTILITY REPLACEMENT PROGRAM, (WATER & SEWER), 13 /14 & 14 /DOLPHIN ALLEYS FROM OCEAN AVE. TO ELECTRIC AVE. & 15 /16 ALLEY FROM ELETRIC AVE. TO PCH ENTERED INTO BETWEEN PALP INC., DBA EXCEL PAVING CO. WHEREAS, on August 12, 2002, the City of Seal Beach entered into a contract with Excel Paving Co.; and WHEREAS, the City Engineer has determined that the work has been substantially completed in accordance with the contract documents. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the work required to be performed by said Contractor has been completed. Section 2. That the total cost of said work is in the amount of $1,168,124.25. Section 3. That the work is herby accepted and approved. Section 4. It is further ordered that a "Notice of Completion ", Exhibit A, be filed on behalf of the City in the Office the Orange County Recorder within 10 days of the date of this resolution. PASSED, APPROVED AND AD ED by the City Coun it of e C'ty of Seal Beach at a meeting thereof held on the �� day of 2003. AYES: Councilmemb NOES: Councilmembers ABSENT: Councilmembers i Mayor F), TAW ff-W-�NWAK?l M;" hV.._.WA STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF SEAL BEACH ) I, Joanne M. Yeo, City Clerk of the City of Seal Beach, California do hereby certify that the foregoing resolution is an original copy of Resoll ti Number on file in the Office of the City Clerk, passed, approved dopted by Citk Co ncil of the ity of Seal Beach at a meeting thereof held on the day of , 2003. RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO CITY OF SEAL BEACH Attn: City Clerk 211 8th Street Seal Beach, CA 90740 Space of above this line for Recorder's use. * ** No Recording Fee Pursuant to Government Code Section 6103, 27383 * * ** NOTICE OF COMPLETION Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. Notice is hereby given that: 1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described: 2. The full name of the owner is: City of Seal Beach 3. The address of the owner is: City of Seal Beach, 211 8 Street. Seal Beach, CA 90740 4. The nature of the interest or estate of the owner is; In fee. The City of Seal Beach. 5. A work of improvement on the property hereinafter described as completed on June 1. 2003 The work was: Alley Utility Replacement Program, (Water & Sewer), 13 /14 & 14 "/Dolphin Alleys From Ocean Ave. To Electric Ave. & 15 /16 Alley From Electric Ave. To PCH, Project No. 49813C and 50062C. 6. The n9me of the contractor, if any, for such of improvement was: Palp. Inc., dba Excel Paving Co. 7. The date of the Contract was: August 12, 2002. 8. The property on which said work of improvement was completed in the City of Seal Beach, County of Orange, State of California, and is described as follows: Alley Utility Replacement Program, (Water & Sewer). 13 /14 & 14 Alleys From Ocean Ave. To Electric Ave. & 15 /16 Alley From Electric Ave. To PCH, Project No. 49813C and 50062C. Date: 2 ��� �v 3 ` w Signature o wner or core rate officer of owner named in p graph 2 or his agent. DEPUTY CITY ENGINEER VERIFICATION I, the undersigned, say: the Director of Public Works declarant of the foregoing notice of completion; have read said notice of completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury the foregoing is true and correct. Executed on / L) , 20 , at Seal Beach, California. (Date of Signature) Lam° `- irector of Public Works EXHIBIT "A" • PUBLIC WORKS CONTRACT For the following project named : Alley Improvements - Alleys between 13 /14 and 14 /Dolphin Streets from the Alley North of Ocean Boulevard to Electric Avenue and between 15 Street from the Alley North of Electric Avenue to Pacific Coast Highway -City Project Nos: 49813C and 50062C ,in the City of Seal Beach. THIS AGREEMENT, made and entered into this /2 day of I 200 ., by and betwe ity of Sealps California, here' fter re e as the "C ," Party of the First Part, and / Chia itaa 4 hereinafter designated as the "CONTRACTOR," Party of the Second Pa ' . �� 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 fumish at his own proper cost and expense all tools, equipment, labor and materials necessary therefore (except those materials expressly noted as to be furnished by the CITY), and to do everything required by this Agreement and the said Specifications, Drawings, and Contract Documents. ARTICLE II. For furnishing all said materials and labor, furnishing and removing all plant, temporary works or structures, tools and equipment and doing all the work contemplated and embraced in this Agreement, also for all loss and damage arising out of the nature of the work aforesaid, or from the action . of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the work until its acceptance by said CITY, and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work; except such as in the said Specifications are expressly stipulated to be borne by the said CITY and faithfully completing the work and the whole thereof, in the manner shown and described in the said Drawings, Specifications, and Contract Documents and in accordance with the requirements of the Engineer, said CITY will pay and the CONTRACTOR shall receive in full compensation, therefore, the unit prices and the lump sum prices named in the Schedule of Work Items of the Proposal. ARTICLE III. The CITY hereby promises and agrees with said CONTRACTOR to employ and does hereby employ said CONTRACTOR to provide the materials and to do the work according to the terms and conditions herein contained and referred to for the price aforesaid, and hereby contracts to pay the same, at the time, in the manner and upon the conditions set forth in the Specifications and Contract Documents, and the said parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained. • ARTICLE IV. The advertisement for Bids, the Proposal, the Specifications, and the Drawings mentioned therein, and all addenda issued by the CITY with respect to the foregoing prior to the opening of bids, are hereby incorporated in and made a part of this Agreement. ARTICLE V. The statement of prevailing wages appearing in the General Prevailing Wage Rates is hereby specifically referred to and by this reference is made a part of this contract. It is further expressly 3 I.J • 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 t. contract to be executed the day and year first above written. CITY i F SE • ii : ACH, CALI . • • • Party of the F' art BY f City Mana ATTES : Clerk BY CONTRA OR - Party of e Second Part BRUCE E. F[ATT VICE PRESIRIT Title L, . D EX P 22 P LEM A VEN U 8A E LONG BEACH CA 90806 L AVING COMPANY Address • 4 • • State of CALIFORNIA RIGHT THUMBPRINT (Optional) County of T.nNc REACH On $" —‘. 3 a before me, Celeste A. Graham Notary Public (DATE) (NAME/TITLE OF OFFICER -i.e. - JANE DOE, NOTARY PUBLIC ` personally appeared BRUCE E. FLATT, VICE PRESIDENT INAME(SI OF SIGNER'S)) CAPACITY CLAIMED BY SIGNER(S) PALP INC. DBA EXCEL PAVING COMPANY ❑INDIVIDUAL'S) ❑CORPORATE VI personally known to me -OR- 0 proved to me on the OFFICER'S) mTLEs) basis of satisfactory ❑PARTNER'S) OLIMITED evidence to be the ❑GENERAL person(s) whose name(s) ❑ATTORNEY IN FACT Is /are subscribed to the ❑TRUSTEE'S) �,� CELESTE within instrument and ❑GUARDIAN /CONSERVATOR A GRAHAM t. ac to me that ❑OTHER: c f ;;, COMM. #13121 0 he /she /they executed the . �- NOTARYPUBUC- CALIFORNIA c same in his /her /their 0 � � LOS ANGELES COUNTY �M Commi_ _ _ ission Expres July UN 30: - 2CO5c authorized capacity(ies), SIGNER IS REPRESENTING: I and that by his /her /their (Name of Persons) or Entity(ies) _ J _ signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the RIGHT THUMBPRINT (Optional) instrument. Witness my hand and official seal. i`- (SEAL) ,l /4-41 F (SIGNATURE OF NOTARY) CAPACITY CLAIMED BY SIGNER(S) ❑INDIVIDUALIST ❑CORPORATE ATTENTION NOTARY OFFICER(S) The information requested below and in the column to the right is OPTIONAL. ITITES Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any ❑PARTNER'S) ❑LIMITED unauthorized document. ❑GENERAL ❑ATTORNEY IN FACT THIS CERTIFICATE Title or Type of Document ❑TRUSTEE(S) MUST BE ATTACHED ❑GUARDIAN /CONSERVATOR TO THE DOCUMENT Number of Pages Date of Document ❑OTHER: DESCRIBED AT RIGHT: Signer(s) Other Than Named Above SIGNER IS REPRESENTING: (Name of Person(s) or Entity(ies) WOLCOTTS FORM 63240 Rev. 3 -94 (price class 8-2AI © 1994 WOLCOTTS FORMS. INC. ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITY/REPRESENTATION/TWO FINGERPRINTS 11E III I IIII 7 67775 63240 8 • • AGREEMENT TO COMPLY WITHCALIFORNIA 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 1, Article 3 of the California Labor Code. 7. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows: "I am aware of the provisions of Section 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 p sions before commencing the performance of the work of this contract." i Date /�UG�� Signature 1' ,' CE EofLA1T VICEPRESIDENT 10 • 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: (1) The person is particularly exempted from this chapter. (2) The bid is submitted on a state project governed by Section 10164 of the Public Contract Code or on any local agency project governed by Section 20104 [now § 20103.5] of the Public Contract Code. (b) If a person has been previously convicted of the offense described in this section, the court shall impose a fine of 20 percent of the price of the contract under which the unlicensed person performed contracting work, or four thousand five hundred dollars ($4,500), whichever is greater, or imprisonment in the county jail for not less than 10 days nor more than six months, or both. In the event the person performing the contracting work has agreed to furnish materials and labor on an hourly basis, "the price of the contract" for the purposes of this subdivision means the aggregate 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. (f) Any compliance or noncompliance with subdivision (e) of this section, as added by Chapter 863 of the Statutes of 1989, shall not invalidate any contract or bid awarded by a public agency during which time that subdivision was in effect. (g) A public employee or officer shall not be subject to a citation pursuant to this section if the public employee, officer, or employing agency made an inquiry to the board for the purposes of verifying the license status of any person or contractor and the board failed to respond to the inquiry within 11 ...• • • 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.: l Class: G Expiration date: 5- 3 1 ` d Date 5{— \ 3 -- ( Signature BRUCE L PLATT VICE PRESIDENT 12 • • Bond No. 8189 -13 -67 Bond Premium $4,239.00 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Seal Beach, has awarded PALP Inc. dba Excel Paving Company 2230 Lemon Avenue Long Beach, CA 90806 (Name and address of Contractor) ( "Principal "), a contract (the "Contract ") for the work described as follows: Alleys Between 13th /14th and 14th /Dolphin Streets from Alley North of Ocean Blvd. to Electric Avenue and Between 15th /16th Streets from Alley North of Electric Ave. to Pacific Coast Highway WHEREAS, Principal is required under the terms of the Contract to furnish a bond for the faithful performance of the Contract. NOW, THEREFORE, we, the undersigned Principal, and Federal Insurance Company 801 So. Figueroa Street Los Angeles,. CA 90017 (Name and address of Surety) ( "Surety ") a admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Public Agency in the penal sum of One million fifty nine thousand eight hundred eight and 00 /100 Dollars ($ 1,059,808.00 ), 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 5 • r • Bond No. 8189-13-67 Bond Premium $4,239.00 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Seal Beach,has awarded'PALP Inc. dba Excel Paving Company 2230 Lemon Avenue Long Beach, CA 90806 (Name and address of Contractor) • ("Principal"),a contract(the"Contract")for the work described as follows: Alleys Between 13th/14th and 14th/Dolphin Streets from Alley North of Ocean Blvd. to Electric Avenue and Between 15th/16th Streets from Alley North of Electric Ave. to Pacific Coast Highway WHEREAS, Principal is required under the terms of the Contract to furnish a bond for the faithful performance of the Contract. NOW,THEREFORE,we,the undersigned Principal,and Federal Insurance Company 801 So. Figueroa Street Los Angeles, CA 90017 (Name and address of Surety) • ("Surety")a-duly admitted surety insurer under the laws of the State of California,as Surety,are held and firmly bound unto the Public Agency in the penal sum of One million fifty nine thousand eight hundred eight and 00/100 Dollars ($ 1,059,808.00 ), 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 5 ' • • 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: August 13, 2002 "Principal" "Surety" PALP Inc. dba Excel Paving Company' Federal Insurance Company 2230 Lemon Avenue 801 So. Figueroa Street Long Be h. CA 90806 - _ Los , gel -s. CA 90017 r I B /9 r,UCE£F[ATT By: I,> - Q. f . Its VICE, E ID T Its 4 torney in Fact (� ►•uglas A. Rapp By: k E. \t By: Its MICHELE E.DRAKULICH Its / L 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. • • • • • 6 • • State of CALIFORNIA RIGHT THUMBPRINT(Optional) County of LOS ANGELES W On (3—0 oL before me,Celeste A. Graham Notary Public (DATE) (NAME/TITLE OF OFFICER-i.e.-JANE DOE,NOTARY PUBLIC') G. personally appeared Palp Inc. DBA Excel Paving Company by INAMEISI OF SIGNERIS)) CAPACITY CLAIMED BY SIGNERIS) Bruce E. Flatt Vice President and Michele E. Drakulich ❑INDIVIDUAL(S) OCORPORATE Asst. Secretary ® personally known to me -OR- 0 proved to me on the OFFICER(S) (TITLES) basis of satisfactory OPARTNER(S) OLIMITED evidence to be the OGENERAL person(s) whose name(s) ❑ATTORNEY IN FACT is/are subscribed to the ❑TRUSTEEIS) within instrument and ❑GUARDIAN/CONSERVATOR acknowledged to me that ❑OTHER: CELESTE A.GRAHAM he/she/they executed the COMM. #1312118 0 same in his/her/their Ur`y NOTARYPUBUC-CIUFORNIA c authorized capacity(ies), SIGNER IS REPRESENTING: 0 -n LOS ANGELES COUNTY and that by his/her/their (Name of Person(s)or Entity(ies) My Commission Expires July 30,2005 signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the RIGHT THUMBPRINT(Optional) instrument. Witness my hand and official seal. D (SEAL) �� o (SI NA URE OF OTARY) CAPACITY CLAIMED BY SIGNER(S) ❑INDIVIDUAL(S) ❑CORPORATE ATTENTION NOTARY OFFICER(S) The information requested below and in the column to the right is OPTIONAL. (TITLES) Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any ❑PARTNER(S) OLIMITED unauthorized document. ❑GENERAL ❑ATTORNEY IN FACT THIS CERTIFICATE Title or Type of Document ❑TRUSTEE(SI MUST BE ATTACHED ❑GUARDIAN/CONSERVATOR TO THE DOCUMENT Number of Pages Date of Document ❑OTHER: DESCRIBED AT RIGHT: Signerls)Other Than Named Above SIGNER IS REPRESENTING: (Name of Person(s)or Entitylies) WOLCOTTS FORM 83240 Rev.3-94(price class 8-2A1 ©1994 WOLCOTTS FORMS,INC. ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITY/REPRESENTATION/TWO FINGERPRINTS 011111111111101 I 11111 7 67775 63240 e • • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT - 1 ' State of California I 1 ss. s it County of ORANGE it S It 3 it CHRISTOPHER J. COATS, NOTARY PUBLIC it On ally 3 2np� before me, , 1 t Date Name and Title of Officer(e.g.,'Jane Doe,Notary Public') ; It personally appeared DOUGLAS A. RAPP , l` Name(s)of Signer(s) ® personally known to me 9' �t ❑ proved to me on the basis of satisfactory it evidence it it to be the person(s) whose name(s) is/are OFFICIAL SEAL subscribed to the within instrument and 1 °°`ti CHRISTOPHER J.COATS W acknowledged to me that he/she/they executed s 1 r a, _ � NOTARY PUBLIC CALIFORNIA C the same in his/her/their authorized 1 O '` iA. COMMISSION#-1267699 capacity(ies), and that by his/her/their I,�� :\: . ORANGE C OUNTY 2; N My Commission EXP•July 15,2004 signature(s) on the instrument the person(s), or �L,s•'N p the entity upon behalf of which the person(s) acted, executed the instrument. s. WITNESS my ha•s a d official seal. 91 I ��lice / / _ . 's1 I Place Notary Seal Above Signet -"f Notary Public $ // S 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: I 9 S' Document Date: Number of Pages: I 1 Signer(s) Other Than Named Above: r I Capacity(ies) Claimed by Signer s '' Signer's Name: RIGHT THUMBPRINT �' ❑ Individual 1 OF SIGNER i y Top of thumb here ' 1' 0 Corporate Officer—Title(s): 9' 0 Partner—❑ Limited ❑General �1 , ❑ Attorney in Fact s° i. 9 1 ❑ Trustee ' ❑ Guardian or Conservator s1 1i ❑ Other: �I I¢ 'I Ii ',1 i Signer Is Representing: 'pi Ii SI I¢ y1 �C°' °' °''d ✓.v-.. - a o .. _ . . ar d.d,d, . a e.ax �'-s•e.,d,d d d-d•d er-s j� 0 1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313.2402•www.nationalnotary.org Prod.No.5907 Reorder.Call Toll-Free 1-800.87 5.8827 ' , ' Chubb P ER Federal insurance Comp Attn.: Surety Department r Vigilant insurance Comp 15 Mountain View Road •' .4 Surety Pacific Indemnity Company Warren, NJ 07059 Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation,and PACIFIC INDEMNITY COMPANY,a Wisconsin corporation,do each hereby constitute and appoint Douglas A. Rapp and Linda D. Coats of Laguna Hills, California each as their true and lawful Attorney-in-Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise,bonds(other than bail bonds)and undertakings given or executed in the course of its business(but not to include any instruments amending or altering the same,nor consents to the modification or alteration of any instrument referred to in said bonds or obligations). In Witness Whereof,said FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this th day of Feb r y,, 1999 . }11.Cr! i/ Air,r , Q � w M�/ 1eryl B.Robins,Assistant Secretary ra E.Robertson, tce'r dent STATE OF NEW JERSEY 1 J sc. County of Somerset on this 24th day of February, 1999 before me,a Notary Public of New Jersey,personally came Sheryl B.Roberts, to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attorney,and the said Sheryl B. Roberts being by me duly sworn,did depose and say that she is Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By-Laws of said Companies;and that she signed said Power of Attorney as Assistant Secretary of said Companies by like authority;and that she is acquainted with Frank E.Robertson,and knows him to be Vice President of said Companies;and that the signature of Frank E.Robertson,subscribed to said Power of Attorney is in the genuine handwriting of Frank E. Robertson,and was thereto subscribed by authority of said By-Laws and in deponent's presence. * F NOTARY..' P. 7 FE, wr* /Pte. �w. p Notary Public gi .,vim...*c+ Fr Wmn�.'.-.. �w�6, i "^ CERTIFICATION Extract from the By-laws of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY: 'All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company,either by the Chairman or the President or a Vice President or an Assistant Vice President,jointly with the Secretary or an Assistant Secretary,under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the following officers: Chairman,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 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 upon the Company with respect to any bond or undertaking to which it is attached.' I,Sheryl B. Roberts,Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY(the'Companies')do hereby certify that (i) the foregoing extract of the By-Laws of the Companies is true and correct, (ii) the Companies are duty licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are authorized by the U.S.Treasury Department;further,Federal and Vigilant are icensed it Puerto Rico and the U.S.Virgin Islands,and Federal is licensed in American Samoa,Guam,and each of the Provinces of Canada except Prince Edward Island;and (iii) the foregoing Power of Attorney is true,correct and in full force and effect. Given under my hand and seals of said Companies at Warren,NJ this 13TH day or AUGUST, 2002 (e ! ) �Ulw,t' -*_ � ) sa ri ct v� .. ��t.1iN / •F-` IF ' OIA ► �s ,rs+ 4Ew vo1k1 ci/ _11. .l� • Sheryl B.Roberts,Assistant Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 903-3485 Fax (908) 903-3656 e-mail: surety©chubb.com Form 15140226 A(Ed.1.99) NON-CONSENT ! . • • Bond No. 8189-13-67 Bond Premium Included PAYMENT BOND • (LABOR AND MATERIALS) • KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Seal Beach,has awarded to PALP Inc. dba Excel Paving Company 2230 Lemon Avenue Long Beach, CA 90806 (Name and address of Contractor) ("Principal"),a contract(the"Contract")for the work desbribed as follows: Alleys Between 13th/14th and 14th/Dolphin Street from Alley North of Ocean Blvd. to Electric Ave. and Between 15th/16th Streets from Alley North of Electric Ave. to _ Pa if oast Highway 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 Federal Insurance Company • 801 So. Figueroa Street Los Angeles, CA 90017 (Name and address of Surety) ("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Public Agency in the penal sum of One million fifty nine thousand eight hundred eight and 00/100 Dollars($ 1,059,808.00 this amount being not less than fifty percent (50%)of the total contract price,in lawful money of the United States of America,for the payment of which sum well and truly to be made,we bind ourselves,our heirs,executors,administrators,successors, and assigns,jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT,if the hereby bounded Principal,his,her or its heirs, executors, administrators, successors or assigns, or subcontractors shall fail to pay any of the persons named in Section 3181 of the California Civil Code,or any amounts due under the Unemployment • Insurance Code with respect to work or labor performed under the Contract,or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employee's of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance • Code, with respect to work or labor performed under the Contract, the Surety will pay for the same in an amount not exceeding the penal sum specified in this bond;otherwise,this obligation shall become null and void. This bond shall insure to the benefit of any of the persons named in Section 3181 of the California Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon the bond. In case suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys' fees in an amount fixed by the court. FURTHER,the Surety, for value received,hereby stipulates and agrees that no change,extension of time, alteration,addition or modification to the terms of the Contract,or of the work to be performed thereunder, or the specifications for the same;shall in any way affect its obligations under this bond,and it does hereby waive notice of any such change,extension of time,alteration,addition,or modification to the terms of the 7 • • • Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code§§2845 and 2849. DI WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for ally 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: August 13, 2002 "Principal" "Surety" PALP Inc. -dba Excel Paving Company Federal Insurance Company 2230 Lemon Avenue 801 So. Figueroa Street Long Bea h, CA 90806 Los Angeles, CA 90017 • f Via PRESIDENT By. Q � hh � I/ ' Its AO•rney in Fact By: t Lt •' '1� 161 A �J By: D• glas A. Rapp Its MICHELE E.DRAKULICH Its a sEc.r. X (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.• • 8 S • State of CALIFORNIA RIGHT THUMBPRINT(Optional) County of LOS ANGELES On \* -Oa. before me,Celeste A. Graham Notary Public 0 (DATE) INAME/rITLE OF OFFICER•i.e.'JANE DOE,NOTARY PUBLIC') g personally appeared Palp Inc. DBA Excel Paving Company by (NAMES)OF SIGNERIS)) CAPACITY CLAIMED BY SIONER(S) Bruce E. Flatt Vice President and Michele E. Drakulich ❑INDIVIDUALIS) ❑CORPORATE Asst. Secretary ® personally known to me -OR- ❑ proved to me on the OFFICER(S) )TITLES) basis of satisfactory ❑PARTNER(S) OLIMITED evidence to be the OGENERAL person(s) whose name(s) ❑ATTORNEY IN FACT is/are subscribed to the ❑TRUSTEEIS) within instrument and OGUARDIAN/CONSERVATOR acknowledged to me that ❑OTHER: he/she/they executed the CELESTE A.GRAHAM same in his/her/their C OMM. #1J q�2118 0 authorized capacity(ies), SIGNER IS REPRESENTING: NOTARYPUBUC ClWFORNIA c and that by his/her/their (Name of Pereonls)or Entitylies) o� {J LOS ANGELES COUNTY signature(s) on the instrument the person(s), My Commission Expires July 30, 2005 or the entity upon behalf of which the person(s) acted, executed the RIGHT THUMBPRINT(Optional) instrument. Witness my hand and official seal. u. (SEAL) a. (SIG URE OF NOTARY) CAPACITY CLAIMED BY SIGNERIS) ❑INDIVIDUALIS) ❑CORPORATE ATTENTION NOTARY OFFICER(S) The information requested below and in the column to the right is OPTIONAL. (TITLES) Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any ❑PARTNER(S) OLIMITED unauthorized document. OGENERAL ❑ATTORNEY IN FACT THIS CERTIFICATE Title or Type of Document ❑TRUSTEE(S) MUST BE ATTACHED ❑GUARDIAN/CONSERVATOR TO THE DOCUMENT Number of Pages Date of Document ❑OTHER: DESCRIBED AT RIGHT: Signer(s)Other Than Named Above SIGNER IS REPRESENTING: (Name of Person(s)or Entity(ies) WOLCOTTS FORM 83240 Rev.3.94(price class 8-2A) ©1994 WOLCOTTS FORMS,INC. ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITY/REPRESENTATION/TWO FINGERPRINTS IIIIIIIIIII III III III 7 67775 63240 P • • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I ) State of California 1 1 ss. IG County of ORANGE ) 1¢ 1¢ AUG AUG 1 3 2002 , before me, CHRISTOPHER J J. COATS, NOTARY PUBLIC $ Date Name and Title of Officer(e.g.,'Jane Doe.Notary Public') 14 ) i personally appeared DOUGLAS A. RAPP , I Name(s)of Signer(s) ® personally known to me $' 14 ❑ proved to me on the basis of satisfactory b ti evidence ) I¢ ) to be the person(s) whose name(s) is/are ' subscribed to the within instrument and I OFFICIAL SEAL b acknowledged to me that he/she/they executed �`+��n�7�► CHRISTOPHER J.COATS the same in his/her/their authorized ) 1 5 'kiiii_,!. "..""- w NOTARY PUBLIC.-CALIFORNIAN capacity(ies), and that by his/her/their ' O COMMISSION#1267699 C (A ORANGE COUNTY .., signature(s) on the instrument the person(s), or 1 J My Commission Exp.July 15,2004 the entity upon behalf of which the person(s) • -- - acted, executed the instrument. 1 $ 1 WITNESS my} nd and official seal. s• 1 '- '10."--7/„..6.004 --- Place Notary Seal Above /° Signat&re of Notary Public $ S 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: ) 1 $ Document Date: Number of Pages: ) ) I ) Signer(s) Other Than Named Above: it S 1 Capacity(ies) Claimed by Signer Signer's Name: RIGHT THUMBPRINT '' 1 ❑ Individual OF SIGNER ). tit Top of thumb here S, I ❑ Corporate Officer—Title(s): y. It ❑ Partner—❑Limited ❑General )I I' ❑ Attorney in Fact )1 1 ❑ Trustee )' 1 ❑ Guardian or Conservator )I 1i )1 Iar ❑ Other: SI Ii )1 Ii Signer Is Representing: )1 li )1 1i ‘$1 0 1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313.2402•www.nationalnotary org Prod.No.5907 Reorder.Call Toll-Free 1400.876.6827 - ICChubb Pcr Federal insurance Comps Attn.: Surety Department Sure Vigilant Insurance Compa 15 Mountain View Road ATTORNEY Pacific Indemnity Company Warren, NJ 07059 Know All by These Presents,That FEDERAL INSURANCE COMPANY, an Indiana corporation,VIGILANT INSURANCE COMPANY, a New York corporation,and PACIFIC INDEMNITY COMPANY,a Wisconsin corporation,do each hereby constitute and appoint Douglas A. Rapp and Linda D. Coats of Laguna Hills, California each as their true and lawful Attorney-in-Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise,bonds(other than bail bonds)and undertakings given or executed in the course of its business(but not to include any instruments amending or altering the same,nor consents to the modification or alteration of any instrument referred to in said bonds or obligations). In Witness Whereof,said FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this th day of Feb r ray, 1999 11_C'�t'/ U'7.ill t- Qom/? /} ryl B.Roberts,Assistant Secretary ra E.Robertson / � icepra�ldent —4-71-6.-- STATE OF NEW JERSEY County of Somerset I ss. On this 24th day of February, 1999 before me,a Notary Public of New Jersey,personally came Sheryl B.Roberts, to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attorney,and the said Sheryl B. Roberts being by me duly swam, did depose and say that she is Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By-Laws of said Companies;and that she signed said Power of Attorney as Assistant Secretary of said Companies by like authority;and that she is acquainted with Frank E.Robertson,and knows him to be Vice President of said Companies;and that the signature of Frank E.Robertson,subscribed to said Power of Attorney is in the genuine handwriting of Frank E. Robertson,and was thereto subscribed by authority of said By-Laws and in deponent's presence. Natural?'NOTARY •`" P.WA lttes9l /ado al s vueuc Notary Public ` AO 18,4o), Cow ea ' otvj a CERTIFICATION h 4y„ woos Extract from the By-Laws of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY:• "All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company,either by the Chairman or the President or a Vice President or an Assistant Vice President,jointly with the Secretary or an Assistant Secretary,under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the following officers: Chairman,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 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 upon the Company with respect to any bond or undertaking to which it is attached" I,Sheryl B. Roberts,Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY(the"Companies")do hereby certify that (i) the foregoing extract of the By-Laws of the Companies is true and correct, (ii) the Companies are duty ficensed.and authorized to transact surety business n all 50 of the United States of America and the District of Columbia and are authorized by the U.S.Treasury Department;further,Federal and Vigilant are icensed in Puerto Rico and the U.S.Virgin Islands,and Federal is licensed in American Samoa,Guam,and each of the Provinces of Canada we Prince Edward Island;and (iii) the foregoing Power of Attorney is true,correct and in full force and effect. Given under my hand and seals of said Companies at Warren,NJ this 13TH day of AUGUST, 2002 ( cr aotrr e +�w'"0 Sk * si) 1 i 1 N., A q •NDIAl11` Ors ,1(s+ 'FEwYo0. (, . ' Sheryl B.Roberts,Assistant Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 903-3485 Fax (908) 903-3656 e-mail: surety©chubb.com Form 1510.0226 A(Ed.149) NON-CONSENT