Loading...
HomeMy WebLinkAboutAGMT - Excel Paving Company (Paving 2002-03)01302/2003 17:40 FAX 7148342675 c . PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: CITY OF SEAL BEACH CITY CLERK 211 - 8th Street g AND WHEN RECOAUED MAIL15 CITY'.OF_'SEAL BEACH ATTN: CITY CLERK 211 — 8th Street Seal Beach, CA 90740 TITLE OF DOCUMENT: ORANGE - COUNTY -CLERK 0002/002 Recorded in Official Records, County of Orang Tom Daly, Clerk - Illlllllllllllllllllllllllllllll 213 IIIIIIIIIIIIIIIIII ,I IIIIIIIIIIIIIIIINO EEE 2003 000874258 02:42pm 07/23/03 109 R28 3 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 5142 �i r 3 �r THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATIO (Additional recording te applies) `0 059 -TITLE PAGE (R7/95) TAN Gl7 ?G1F)3 17 : 13 7148342675 98% P.02 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 #50099 THE ANNUAL PAVING REHABILITATION PROJECT FY 02/03, COLLEGE PARK DRIVE FROM HARVARD LANE TO NORTH HARVARD LANE ENTERED INTO BETWEEN PALP, INC., DBA EXCEL PAVING CO. WHEREAS, on April 14, 2003, 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 $162,074.64. 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 of the Orange County Recorder within 10 days 'of the date of this resolution. PASSED, APPROVED AND AD yal) by the City ( thereof held on the day of AYES: NOES: Councilmembers ABSENT: Councihnembers of Seal Beach at a meeting \ , 2003. Mayor ATTEST LZ Cit p erk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF SEAL BEACH ) I, Joanne M. Yeo, City Clerk of the City of Seal Beach, Cal o ia, do hereby certify that the foregoing resolution is an original copy of Resol ' n Number on file in the Office of the City Clerk, passed, approved adopted by t e Ci y Council of the City of Seal Beach at a meeting thereof held on the � day of 1 .2003. City erk R RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO CITY OF SEAL BEACH Attn: City Clerk 2118 th 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 describe as completed on July 1, 2003 The work was: Annual Paving Rehabilitation FY 02/03 6. The name of the contractor, if any, for such of improvement was: Palp. Inc., dba Excel Paving Co . The date of the Contract was: April 14, 2003. 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: College Park Drive (Harvard to N. Harvard). Date: 7 & - a ® 7 SignatuA of owner or corporate officer of owner named in paragraph 2 or his agent. ASST. 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 7 — I & ' 0 3 , 20 , at Seal Beach, California. (Date of Signature) r lVirector of Public Works EXHIBIT °A° prcUEd 6111:2Jl4.. • PUBLIC WORKS CONTRACT Annual Paving Rehabilitation, FY 2002/2003 For the following project named 4firt IA et t Pa vi Q hob ZOD 2/Z D 3 ,in the City of Seal Beach. THIS AGREEMENT, made and entered into this / # day of /QJ, ii, 204 by and between the City of Seal Beach, California, hereinafter re rred to as the "CITY," Party of the First Part, and Excel Pavi (DetApovii. hereinafter designated as the "C TRACTOR," Prty 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 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 §aid CONTRACTOR to employ and does hereby employ said CONTRACTOR tQ 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. 3 f , • ( IN WITNESS WHEREOF: The Parties hereto have caused this contract to be executed the day and year first above written. CITY OF ACH, CALIF* ' Party of re F ' art .i • BY 1a a 411 _................._______IA City Manager / :. , fre erk ( BY CONTRACTOR - Party of the Second Part CA Y - 4 L PRESIDENT Title PALP, INC. DBA EXCEL PAVING COMPANY 2230 LEMON AVENUE Address LONG BEACH, CA 90806 • • 4 i • State of CALIFORNIA RIGHT THUMBPRINT(Optional) County of LOS ANGELES On 5- S--c3 before me, Celeste A. Graham, Notary Public o • (DATE) (NAME/TITLE OF OFFICER-i.e.'JANE DOE,NOTARY PUBLIC') a. personally appeared Palp Inc. DBA Excel Paving Company by (NAME(S)OF SIGNER(S)) CAPACITY CLAIMED BY SIGNERIS) C.P. Brown President ❑INDIVIDUALIS) ❑CORPORATE ® personally known to me -OR- ❑ proved to me on the OFFICER(S) (TITLES) basis of satisfactory ❑PARTNER(S) OLIMITED evidence to be the ❑GENERAL person(s)whose names) ❑ATTORNEY IN FACT is/are subscribed to the OTRUSTEE(S) within instrument and OGUARDIAN/CONSERVATOR acknowledged to me that ❑OTHER: he/she/they executed the CELESTE A. GRAHAM same in his/her/their SIGNER IS REPRESENTING: ,........ uthorized capacity(ies), COMM. #1312118 (Name of Personlsl or Entitylies) o � and that by his/her/their U °Y NOTARY PUBUC-CALIFORNIA o signature(s) on the 0 '$4' LOS ANGELES COUNT( 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. (SEAL) 02,4 -1( ISI NATURE OF NOTARY) ^t CAPACITY CLAIMED BY SIGNER(S) ❑INDIVIDUALIS) OCORPORATE 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 This or Type of Document OTRUSTEE(S) 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 8.2A) ©1994 WOLCOTTS FORMS,INC. ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITY/REPRESENTATION/TWO FINGERPRINTS IIIIIIIIII I II II 1 II I lU 7 67775 63240 8 1 • • Bond No. 8193-22-91 Bond Premium $793.00 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Seal Beach,has awarded PAIP Inc. cta Fuel Paving ctn any 2230 alma'Mae Irng Beach, CA 90806 (Name and address of Contractor) ("Principal"),a contract(the"Contract") for the work described as follows: Pnrnaal Paving Rehahifltaticn Fir 7002/2003 WHEREAS, Principal is required under the terms of the Contract to furnish a bond for the faithful performance of the Contract. NOW,THEREFORE,we,the undersigned Principal,and Etarioral T -irarr ant-my Fl()1 S. Fti r l- Irs Prrplec, CA 90017 (Name and address of Surety) ("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Public Agency in the penal sum of cre tatt ke sixty-five thais2nd two srirci c iYty—iaft airrl m/100 Dollars ($ 165,268.00 ), 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: MAY 0 5 2003 "Principal" "Surety" IATP Try clE-e P rel Paving(bipary Fbawal Insurance Ctripsry �, e By: ` e By: Clltakek Ijts� Its Linda D. Ctats, Ate in Fact By: )4( Jai, \�4dL 01/4-J By: • Its 0 E. DRAKULICH, ASST. SECRETARY Its • (Seal) (Seal) Note: This bond must be dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. 6 • I State of California RIGHT THUMBPRINT(Optional) County of Los Angeles On AWAY 0 5 2003 before me,Celeste A. Graham, Notary Public u. (DATE! INAME/TITLE OF OFFICER-i.e.-JANE DOE,NOTARY PUBLIC') personally appeared Pala Inc. DBA Excel Paving Company by INAMEISI OF SIGNERIS!! CAPACITY CLAIMED BY SIGNERIS) C.P. Brown President and Michele E. Drakulich Asst. ❑INDIVIDUALIS) ❑CORPORATE Secretary 1 personally known to me -OR- ❑ proved to me on the OFFICER(S) (TILES) basis of satisfactory ❑PARTNER(S) OLIMITED evidence to be the OGENERAL person(s) whose name(s) ❑ATTORNEY IN FACT is/are subscribed to the ❑TRUSTEE(S) within instrument and OGUARDIAN/CONSERVATOR acknowledged to me that ❑OTHER: he/she/they executed the same in his/her/their CELESTE A.GRAHAM authorized capacity(ies), SIGNER IS REPRESENTING: s , t nd that by his/her/their (Name of Persons)or Entity(ies) o,� comm..OMM #131211 S 0 Y U t- `^ NOTARYPUBLIC-CALIFORNIA signature(s) on the �� LOSN GELESCOUNTY ° instrument the person(s), 1 M, Commission Expires July 30, 2CC5i or the entity upon behalf _ , _ _ _ _ _ of which the person(s) acted, executed the RIGHT THUMBPRINT(Optional) instrument. Witness my hand and official seal. 0 (SEAL) o . td il/la. (SIGNATURE OF NOTA Y) 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. OGENERAL ❑ATTORNEY IN FACT THIS CERTIFICATE Title or Type of Document ❑TRUSTEEIS) MUST BE ATTACHED ❑GUARDIAN/CONSERVATOR TO THE DOCUMENT Number of Pages Date of Document ❑OTHER: DESCRIBED AT RIGHT: Signer(a)Other Than Named Above SIGNER IS REPRESENTING: (Name of Person(s)or Entity(ias) WOLCOTTS FORM 83240 Rev.3.94!price class 8.2A1 ®1994 WOLCOTTS FORMS,INC. ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITY/REPRESENTATION/TWO FINGERPRINTS 11111111 II�IU 7 67775 63240 8 • • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT . r•C•. ez,e ,.... .04Y t-c..t-4 0.5"..cC'. t`..c(toace..cp.c.e‹...•c!•c<,..c4... .ct`•.GO.Go.o C'•.�!'•.c!'.GC•4:S•ce..•.cew•.GKJC:C'.,c.e.:c e-cC'..Gl`..e..:.cetce.'.C`e.'. .,...'YJ' I� aState of California 1 ss. I i County of ORANGE g, li On MAY 0 5 2003 , before me, CHRISTINE M. RAPP, NOTARY PUBLIC . L Date Name and Title of Officer(e.g.,'Jane Doe.Notary Public') • i personally appeared LINDA D. COATS ti Name(s)of Signer(s) ? I Ill personally known to me - Irt • ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are t t subscribed to the within instrument and ,>. 1uk? CHRISTINE M. RAPP> acknowledged to me that he/she/they executed 1¢ Q _ '-‘,./1-111' COMM.#1267189 < > ,;/ NOTARY PUBLIC-CALIFORNIA the same in his/her/their authorized < ; 4 `' ORANGE COUNTY capacity(ies), and that by his/her/their 1 My Comm.Exp.July 9,2004 signature(s) on the instrument the person(s), or t 1 the entity upon behalf of which the person(s) I¢ acted, executed the instrument. Il it WITNESS my and and official s--I. 6/1/ h 7/I r. /•. 9. -" . Irk Place Notary Seal Above Signature of Notary Public L . IQ 1 OPTIONAL . li Y Though the information below is•not required by law,it may prove valuable to persons relying on the document c5 and could prevent fraudulent removal and reattachment of this form to another document. LI Description of Attached Document r¢ Title or Type of Document: Ll Document Date: Number of Pages: Li Li y Signer(s) Other Than,Named Above: LI Capacity(ies) Claimed by Signer 4 •I` Signer's Name: RIGHT THUMBPRINT t r• ❑ Individual =y OF SIGNER + t IQ Top of thumb here n, ❑ Corporate Officer—Title(s): . •, ❑ Partner—❑Limited ❑General 1¢ ❑ Attorney in Fact L�,,'' ❑ Trustee • V le • ❑ Guardian or Conservator • 1i ❑ Other: •1 I¢ Signer Is Representing: 1¢ L•L"Et`c•�CGCt?f r_,°". .• - ' cJ•^ck.`c4giL"1 9A'' d, - "g-t9 9�..^QC'`Ct..WWSC','QVWt>�-t?SAO^WW .^ . 'r01W$" 1L G^CGC.."4c"0';511 01999 National Notary Association•9350 Da Soto Ave.,P.O.Box 2402•Chatsworth.CA 91313-2402•www.natIonalnotwy.org Prod.No.5907 Reorder.Call 700-Free 1.800.876-6827 • 1E Chubb POW. Federal Insurance Company 41 Attn.:Surety Department Surety OF Vigilant Insurance Company 15 Mountain View Road ATTORNEY Pacific indemnity Company Warren, NJ 07059 Know All by These Presents,That FEDERAL INSURANCE COMPANY,an Indiana =wean,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 Attomey-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,VIGATNf INSURANCE COMPANY,and PACF)C INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this th day of Feb v. 1999 . . U• M B.Ro• its,Assistant Secretary ra .Robertson, ice'Prnt STATE OF NEW JERSEY 1 County of Somerset J Wigs 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 Y 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 deponents presence. N.ster.b. Sept • 7/9 eg ii VOICE:p Rr Ilo�lptdea, 010 Notary Public • Put= r m0054504 ttt�07 Corr " Anti ie, E> 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 duly licensed and authorized to transact suety business in art 50 of the United States of America and the District of Cdtrnbia and are authorized by the U.S.Treasury Department;further,Federal and Vigilant are licensed in Puerto Rico and the U.S.Vugin Isl ands,and Federal is licensed in American Samoa,Guam,and each of the Provinces of danaia 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 5th day of May, 2003 • stgORAN Act* rp `i5uR4MC� W - 11 tip) 3 ;. .12 ° 4a a E_ *�v ; 1/0• 145 y i .10 Ew voad-. Ly 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 15.104226 A(Ed 149) NO NCONSENr • Bond No. 8•191-79-91 Bond Premium yrlad jn plarftgareince Etna PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Seal Beach,has awarded to FAT• Inc dia l Patirg qty 2730 'farm Avr .i Trngarh, CA 90806 • (Name and address of Contractor) ("Principal"),a contract(the"Contract")for the work described as follows: Papal Paving Hshalailitatim FY 20070 • 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 Fbriara InswP O artery 801 C litisj ara Stmt 1 Artge7 Q� Q0017 (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 betty--to thousand six hurrimd. thirty- fmr and m/100 Dollars(S R7, A 11 this amount being not less than fifty percent (50%)of the total contract price,in lawful money of the United States of America,for the payment of which sum well and truly to be made,we bind ourselves,our heirs,executors,administrators,successors, and assigns,jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT,if the hereby bounded Principal,his,her or its heirs, executors, administrators, successors or assigns, or subcontractors shall fail to pay any of the persons named in Section 3181 of the California Civil Code,or any amounts due•under the Unemployment . Insurance Code with respect to work or labor performed under the Contract,or for any amounts required to be deducted, withheld, and paid over--to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code,with respect to work or labor performed under the Contract, the Surety will pay for the same in an amount not exceeding the penal sum specified in this bond; otherwise,this obligation shall become null and void. This bond shall 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. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s)pursuant to authority of its governing body. Dated: MAY 0 5 2003 "Principal" "Surety" RIP Inc. d Ebel Paving QZtparty Floral Insurance ne Qztpatzy CY.DROWN BY: PRESIDENT By: qt. art By: £- `L J%4 1, U V By: Its Lirrh D. Qbats, Attarey in Fact Its - Its CHLE E. MAKULICH, ASST. 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. • 8 • State of California RIGHT THUMBPRINT(Optional) County of Los Angeles S WY 05 2003 On before me,Celeste A. Graham, Notary Public 0 (DATE) INAME/TITLE OF OFFICER-i.e.'JANE DOE,NOTARY PUBLIC") personally appeared PalD Inc. DBA Excel Paving Company by (NAMEISI OF SIGNERISII CAPACITY CLAIMED BY SIGNER(S) C.P. Brown President and Michele E. Drakulich Asst. ❑INDIVIDUALIS) OCORPORATE Secretary El known to me -OR- 0 proved to me on the OFFICERIS) (TITLES) basis of satisfactory ❑PARTNERIS) OLIMITED evidence to be the ❑GENERAL 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 K same in his/her/their authorized capacity(ies), SIGNER IS REPRESENTING: :.r, COMM. #1312118 o and that by his/her/their (Name of Person(s)or Entity(ies) ° "10)4.471' - j NOTARY CALIFORNIA ORNIA o signature(s) on the LOS ANGELES COUNTY instrument the person(s), My Commission Expires July 30, 2C05 or the entity upon behalf of which the person(s) acted, executed the instrument. RIGHT THUMBPRINT(Optional) Witness my hand and official seal. m a. (SEAL) a. I NATURE OF NOTARY) CAPACITY CLAIMED BY SIGNERIS) ❑INDIVIDUAL(S) ['CORPORATE ATTENTION NOTARY OFFICERS) 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 OATTORNEY IN FACT THIS CERTIFICATE Title or Type of Document ❑TRUSTEEIS) 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 Personls)or Entitylies) WOLCOTTS FORM 83240 Rev.3-94(price class 8-2A) ©1994 WOLCOTTS FORMS,INC. ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITY/REPRESENTATION/TWO FINGERPRINTS IIIIIIIIII I II II IIIIIU 7 67775 63240 8 0 . , • •CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT .fz adoc`'�C- '-z,w..- SG'4J C.('.EC.oetc>@‹.'C',co.e‹tco.c'ez.noo.eo.ct'- co..C<'.Ga.mtGC S•' tlelt..c.c4tce..cC`.cetcaC'. ^x.4.C<•w..c'etoe' LI State of California ss. I County of ORANGE It � t On MAY 0 5 2003 , before me, CHRISTINE M. RAPP, NOTARY PUBLIC g� Date Name and Title of Officer(e.g.,'Jane Doe,Notary Public') • LINDA D. COATS li personally appeared 4 it Name(s)of Signer(s) III personally known to me L �¢ ❑ proved to me on the basis of satisfactory• evidence . • e ,, to be the person(s) whose name(s) is/are t Q' CHRISTINE M. RAPP subscribed to the within instrument and E 7 COMM. #1267189 acknowledged to me that he/she/they executed hg U NOTARYPUBLIC-CALIFORNIA 1J the• same in his/her/their authorized i • it Q 'M.;r'', ORANGE COUNTY li ."k.;.., My Comm.Exp.July 9,2004 I capacity(ies), and that by his/her/their . It signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) t acted, executed the instrument. L3 • si it W� ESS my hand and official se . . hl r . It Place Notary Seal Above Signature of ota Public if It OPTIONAL . Though the information below is•not required by law,it may prove valuable to persons relying on the document ly and could prevent fraudulent removal and reattachment of this form to another document. It Description of Attached Document r¢ Title or Type of Document: LI it 11 IQ Document Date: Number of Pages: sl ri . e Signer(s) Other Than Named Above: I it . i Capacity(ies) Claimed by Signer .e Signer's Name: RIGHT THUMBPRINT g Ie ? OF SIGNER?:r:4 r� CI Individual Top of thumb here 1 ❑ Corporate Officer—Title(s):e i ❑ Partner—❑Limited ❑General Ii ❑ Attorney in Fact ❑ Trustee ig ❑ Guardian or Conservator • r¢ ❑ Other: . k le Signer Is Representing: O. I . fet) LV•K�ti._.'—^fir '- G°_'-- ?' ?a^� " ' - VgetCt9�k.`Ce..".'V9t=tJCC:°'.-"Q'st7ce-1r�-„'• •.9�u? 'Cf. .6' �"C../. ./V., ;ta 01999 National Notary Association•9350 De Sob Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nationetrafary org Prod.No.5907 Reorder.Call Toll-Free 1-800.8764827 ETA Chubb POW , Federal insurance Company 0Attn.:Surety Department Orw Vigilant Insurance Company 15 Mountain View Road Surety ATTORNEY Pacific Indemnity Company Warren, NJ 07059 Know AN by These Presents,That FEDERAL INSURANCE COMPANY,an Irxiana 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 affaed their corporate seals on this th day of Feb . 1999 . . (.. .1):h_Le i/ 6Vt11`,.e_e_v, . N.ryk B.Roberts,Assistant Secretary ra .Robertson,trice pant STATE OF NEW JERSEY l County of Somerset J 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 affixedlo the foregoing Power of Attorney are such corporals seals and were thereto affixed she signed said Power of Attorney as Assistant Secretary of said Companies like authority; by authority uain a of the Frank E. of said Companies;and him that ry pa by horny;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. tjqterial Sup1 ,•N ed..emuty 1 P.IGIALBM Lyvdt"..i: , _ Puaux a IIIIesIPeak�a10� Notary Public �� E> e CERTIFICATION �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 shag 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 of 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 () the foregoing extract of the By-Laws of the Companies is true and correct, (ii) the Companies are duly ioensed and authorized to transact suety business in all 50 of the United States of America and the District of Cdurnbia and are authorized by the U.S.Treasury Department further,Federal and Vigilant are licensed in Puerto Rico and the U.S.Virgin Islands,and Federal is icensed in American Samoa,Guam,and each of the Provinces of Canada except Prince Eduard 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 5th day of May, 2003 e RAer i f' , \. '6 it a ` 4\t. At > %•ADtANf' bS xs+ %tea-• ),t - L// C').. ?. 6./7 7 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(E0.1.09) NONCONSENT