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HomeMy WebLinkAboutAGMT - Excel Paving Company (SB Median Project)PLEASE COMPLETE THIS INFO'imATION RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO: FU Recorded in Official Records, County of Orange Gary Granville, Clerk- Recorder IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIiIIIIIIIIIIIIIIIIIIIIIIIIIINO FEE 20000496623 04:09pm 09121100 109 73 R28 3 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 THIS SPACE FOR RECORDER'S USE ONLY TITLE OF DOCUMENT: C iT THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) .' 4�6 q /s7/ o WHEN RECORDED RETURN TO: RECORDING REQUESTED PURSUANT TO CITY OF SEAL BEACH`` GOVERNMENT CODE SECTION 6103 2118TH STREET SEAL BEACH, CALIFORNIA 90740 RESOLUTION NUMBER !W� A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DECLARING WORK TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR PROJECT #706, CONSTRUCTION OF THE SEAL BEACH BOULEVARD MEDIAN, CONTRACT ENTERED INTO BETWEEN EXCEL PAVING CO. AND THE CITY OF SEAL BEACH THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: WHEREAS, on May 8, 2000 the City of Seal Beach entered into a contract with Excel Paving Co. WHEREAS, the City Engineer has determined that the work has been substantially completed in accordance with the contract documents. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Seal Beach 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 $110,953.92. Sec i- M 33. Tl:a t ti:e v. crk is hereby accepted and approved. Section 4 . It is further ordered that a 'Notice of Acceptance ", Exhibit "A ", be filed on behalf of the City is in the Office of the County of Orange within 10 days of the date of this resolution. PASSED, APPROVED AND ADOPTEy the Ci Council of the City of Seal Beach at a meeting thereof held on the day f Z e 2000, by the following vote: AYES: NOES: ABSENT: C 0- C' Clerk LE STATE OF CALIFORNIA) COUNTY OF ORANGE )SS CITY OF SEAL BEACH) I, Joanne M. Yeo, City Clerk of Seal ) each, California, do hereby certify that the foregoing resolution is the original copy of Resolution Number4 on file in the office of the City Clerk, passed, approved, and adopted by the City Coun . of e City of Seal Beach, at a regular meeting thereof held on the day o 2000. City Clerk RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO CITY OF SEAL BEACH Attn: City Clerk 211 8tn Street Seal Beach, CA 90740 Recorded in Official Records, County of Orange Gary Granville, Clerk- Recorder IIIIIIIIIIIIIIIIiIIIIiIIIIIIIIIIIIIIIIIIIIIiIIIIIIIIIIIIINO FEE 20000496622 04 09121100 109 73 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 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 hereniafter 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 8/2/00 The work was: Seal Beach Blvd. Raised Median, Project No. 706. 6. The name of the contractor, if any, for such of improvement was: Palp, Inc.. DBA Excel Paving Company The date of the Contract was: May 8, 2000. 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: Seal Beach Blvd. Median from Bolsa Ave. /Anchor Way to Adolfo Lopez Dr. Date: Signature of owner or corpora e o er 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 , 20 at Seal Beach, to of Signature) Director of Public Works EXHIBIT °A° • BOOK II OF III CONTRACT DOCUMENTS DOCUMENTS TO SUBMIT UPON AWARD: PUBLIC WORKS CONTRACT, PERFORMANCE BOND, PAYMENT BOND, INDEMNIFICATION AND HOLD HARMLESS, LABOR LAW REQUIREMENTS, ACKNOWLEDGEMENT OF LICENSE LAW, WORKMEN'S COMPENSATION CERTIFICATE, ADDITIONAL INSURED (COMPREHENSIVE, AUTO. EXCESS FOR: SEAL BEACH BOULEVARD MEDIAN FROM BOLSA AVENUE TO ADOLFO LOPEZ DRIVE. • PROJECT NO. 706 These Contract Documents are the exclusive property of the Agency and shall not be used in any manner without prior consent of the Agency.Any reuse of these plans and specifications by Others shall be at Other's sole risk and without liability to the Agency. CITY OF SEAL. BEACH - 211 EIGHTH STREET -SEAL BEACH, CA 90740-6379. • • SEAL BEACH BLVD.MEDIAN,PROJECT NO.706 Of For SEAL BEACH BLVD.MEDIAN,in the City of Seal Beach. THIS AGREEMENT, made and entered into this _ day of ,180 0, by and between the City of Seal Beach, California, hereinafter referred to as the "CI y.'," Party of the First Part, and PALP INC. DBA EXCEL PAVING COMPANY 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 SEAL BEACH BLVD. MEDIAN, and to perform and complete in a good and workmanlike manner all the work pertaining thereto shown on the drawings and described in the Specifications and Contract Documents, therefore, to furnish at his own proper cost and expense all tools, equipment, labor and materials necessary therefore(except those materials expressly noted as to be furnished by the CITY), and to do everything required by this Agreement and the said Specifications,Drawings,and Contract Documents. ARTICLE 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 ofWork 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. • A • CITY OF SE BEACH,CALIFORNIA Party of the F. t Pa s BY City M alter ST: .'_`J� -/,, _/1� PALP INC.. DBA EXCEL PAVING COMPANY /Clerk �� ' BY �� CONTRACTOR-P of the Secon art C.P. BROWN — PRESIDENT Title ...___ :" 2230 LEMON AVE. , LONG BEACH, CA 90806 Address • • • • • • • State of CALIFORNIA RIGHT THUMBPRINT(Optional) County of LOS ANGELES z On 5 - (8---oo before me, Celeste A. Graham, Notary Public (DATE) (NAME/TITLE OF OFFICER-i.e.'JANE DOE,NOTARY PUBLIC, personally appeared Palp Inc. DBA Excel Paving Company by (NAMEISI OF SIGNERIS)) CAPACITY CLAIMED BY SIGNER(S) C.P. Brown President ❑INDIVIDUALIS) ❑CORPORATE ® personally known to me -OR- El proved to me on the OFFICERIS) (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 ❑TRUSTEE(s) within instrument and OGUARDIAN/CONSERVATOR acknowledged to me that ❑OTHER: OFFICIAL SEAL he/she/they executed the P , CELESTE A.GRAHAM N same in his/her/their y;--_^i/'hI NOTARY PUBLIC-CALIFORNIA — SIGNER IS REPRESENTING: :--11; COMMISSION N1145104 authorized capacity(ies), w `£ , LOS ANGELES COUNTY -° and that by his/her/their (Name of Person(s)or Entity(ies) *Commission Exp.July 30,2001 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. (SEAL) 4:;2(2,1y./ .;* '4.£Nä TARY) CAPACITY CLAIMED BY SIGNERIS) ❑INDIVIDUAL(S) OCORPORATE 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 ❑PARTNERIS) OLIMITED unauthorized document. OGENERAL ❑ATTORNEY IN FACT THIS CERTIFICATE Title or Type of Document OTRUSTEE(S) MUST BE ATTACHED OGUARDIAN/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 Entity(ies) WOLCOTTS FORM 83240 Rev.3-94(price class 8.2A1 ©1994 WOLCOTTS FORMS,INC. ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITY/REPRESENTATION/TWO FINGERPRINTS IlIIIIIIII 1 III 1 III II I 7 67775 63240 8 • - • Bond No. 8161-44-37 Premium: $ 417.00 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: Seal Beach Boulevard Median from Bolsa Avenue to Adolfo Lopez Drive (Project No. 706) WHEREAS, Principal is required under the terms of the Contract to furnish a bond for the faithful performance cf 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 hundred four thousand one _ hundred eighty and 00/100 Dollars ($ 104,180.00 ), 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. i • + Dated: May 18, 2000 "Principal" "Surety" PALP Inc. dba Excel Federal Insurance Company Paving Company By: By: .• ' , f, L1. Its ,r®.gg m �8 , e Its ��•uglas A.i '.pp By: 4 &i.VLL lJ y JJ: ttorney in Fact Its � Its p (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. • • • State of California RIGHT THUMBPRINT(Optional) County of Los Angeles W C W S 2 3 On 5'—lY—Co . before me,Celeste A. Graham, Notary Public i- (DATE) (NAME/TITLE OF OFFICER-i.e.'JANE DOE,NOTARY PUBLIC') c 12 personally appeared Palp Inc. DBA Excel Paving Company by INAMEISI OF SIGNER(SII CAPACITY CLAIMED BY SIGNER(S) C.P. Brown President and Michele E. Drakulich Asst. ❑INDIVIDUALIS) Secretary OCORPORATE El 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 OTRUSTEE(S) within instrument and ❑GUARDIAN/CONSERVATOR acknowledged to me that ❑omER: OFFICIAL SEAL he/she/they executed the ,- ,,+ CELESTE A.GRAHAM N same in his/her/their j /!iN,., NOTARY PUBLIC-CALIFORNIA SIGNER IS REPRESENTING: ,�,tee, authorized capacity(ies), Co \r,,r�F COMMISSION#1145104 LOS ANGELES COUNTY by and that b his/her/their (Name of Person(s)or Entity(ies) My CommissionExp_July 30,2001 1 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. W m i (SEAL) `o 12 ISI RE F NOTARY) CAPACITY CLAIMED BY SIGNERISI ❑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. 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 13-2A( ©1994 WOLCOTTS FORMS,INC. ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITY/REPRESENTATION/TWO FINGERPRINTS 1111111111 U11 Ilfll 7 116 63240 8 '• • CALIFORNIA ALL-PURPO._ _ A_CKN_OWLEDGMENT • .._c • - 7.A[.A.Af.A.A A.A.c .A•. •.A•.A•.A •.A.4.,•A.9A•A-..A•A.A.' •A- ' -- •.A...• .A•.- •.A•.A..s-',....9,-.- •9,...9,•.9, - •s, SFA State of California County of Orange ?� On MAY 1 8 Aril before me, Christine M. Rapp, Notary Public I Date Name and Title of Officer(e.g.."Jane Doe.Notary Public') personally appeared Douglas A. Rapp q .8 Name(s)of Signer(s) 1 personally known to me–OR–0 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 g . same in his/her/their authorized capacity(ies),and that by S CHRISTINE M, RAPP or the entity upon behalf of which the person(s) acted, �° ,F Comm.1 1102118 in` executed the instrument. rrn� ', 1___,A'' i A''' if NOTARY PUBLIC•CALIFORNIA ul 2222'"' u1 r1' i ,,,,�� , Orange County �, WITNESS my hand and official seal. ,�� ?i Yt+r,,n My Comm, Expel July�,2009 4. Signature of otary Public / / g VF OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent ;5 fraudulent removal and reattachment of this form to another document. Description of Attached Document s Title or Type of Document: Lg Document Date: Number of Pages: bg g Signer(s) Other Than Named Above: 0 0 Capacity(ies) Claimed by Signer(s) k Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer g Title(s): Title(s): ki FA ❑ Partner—❑ Limited ❑General ❑ Partner—❑ Limited ❑General ® Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee _ ❑ Trustee ❑ Guardian or Conservator �•OFSICNER ❑ Guardian or Conservator RIC,HTTHUMBPRI ., ❑ Other Top of thumb here oFthu mbR r e~ r. ❑ Other: Top of thumb here Signer Is Representing: Signer Is Representing: I I t �...g..c cs.^�c ^ ^ c^EC^�a,: ,...^..c^..s�c: c,d�cc:•w ;,...cs... ,,,,,..` z^_cc�.-,4:.. ., o 1995 National Notary Association•8236 Remmet Ave.,P.O.Box 7181•Canoga Park.CA 91309-7184 Prod.No.5907 Reorder.can Ton-Free 1.800-876.6827 • • Chubb POWA ra Federal Insurance Company ga Attn.: Surety Department OF Vigilant Insurance Company 15 Mountain View Road Surety 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 Febr/ V,, 1999 u eryl B.Ro• rts,Assistant Secretary /,fra E.Robertson, ice ident STATE OF NEW JERSEY I ss. 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 tateiral+Sq$l ± NOTARY VOW p.tNALIM PuBUC ` II�Majtlesa! Notary Public 0 4 W , ., - �' co son E Apf 18.tt04a 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 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 licensed in 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 18th day of May, 2000 ostouwee `TpiYM \ NfS ,NAp hEw y07. I L L c`2 c.G 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(Ed.1-99) NON-CONSENT • • PAYMENT BOND Bond No. 8161-44-37 (LABOR AND MATERIALS) Premium Included 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 described as follows: Seal Beach Boulevard Median from Bolsa Avenue to Adolfo Lopez Drive (Protect No. 706) 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") , 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 hundred four thousand one ____hundrpa eighty an. 00/100 Dollars ($ 104,180.00 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 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 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 18, 2000 "Principal" "Surety" PALP Inc. dba Excel Federal Insurance Company Paving Company By: By: 7400\6A-10i � a ': !r, B ' 'r;i! It Dou las . Rapp BY � . (21r-4_ By Attorney in Fat Its Its LIME yA8 IZI 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. i 0 State of California RIGHT THUMBPRINT(Optional) County of Los Angeles 3 On ea before me,Celeste A. Graham, Notary Public (DATE) (NAME/TITLE OF OFFICER-i.e.'JANE DOE,NOTARY PUBLIC') c 2 personally appeared Pale Inc. DBA Excel Paving Company by (NAMES)OF SIGNERIS)) CAPACITY CLAIMED BY SIGNERIS) C.P. Brown President and Michele E. Drakulich Asst. ❑INDIVIDUALIS) Secretary ❑CORPORATE ® personally known to me -OR- 0 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 ❑GUARDIAN/CONSERVATOR acknowledged to me that ❑OTHER: OFFICIAL SEAL he/she/they executed the CELESTE A.GRAHP.M N same in his/her/their X41- NOTARY PUBLIC'CALIFORNIA SIGNER IS REPRESENTING: O � . Wig. COMMISSION#1145144 �, authorized capacity(ies), (Name of Person(s)or Entity(ies) N \II LOS ANGELES�OU30 200 and that by his/her/their MyCommissionExP• b 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. _ (SEAL) °o ( NATURE OF NOTARY) CAPACITY CLAIMED BY SIGNER(S) ❑INDIVIDUALIS) ❑CORPORATE ATTENTION NOTARY OFFICERIS) 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 OPARTNER(S) ❑LIMITED unauthorized document. OGENERAL ❑ATTORNEY IN FACT THIS CERTIFICATE Title or Type of Document OTRUSTEE(S) MUST BE ATTACHED OGUARDIAN/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 8-2AI ©1994 WOLCOTTS FORMS,INC. AU.PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITY/REPRESENTATION/TWO FINGERPRINTS 111111111111111111 7 67775 63240 8 • CALIFORNIA ALL-PURPO4ACKNOWLEDGMENT • 7•.,..- cl.'1t.0.a ci._6,0_C1.c1.05_q•.C.-.�.-.H-c'..'-.7:-...a. .V..-.1-;-,--i;._0,.v• Q._0,-v• . •A-.•■cl .V,'.' •_v,.-.0,.A• •• • V,•.V,•_ py� C.I Px of California gA AF County of Orange On MAY 1 8 2000 before me, Christine M. Rapp, Notary Public Dale Name and Title of Officer(e.g.,'Jane Doe,Notary Public') personally appeared Douglas A. Rapp .,,F:( Name(s)of Signer(s) ll personally known to me–OR–❑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), g 0 or the entity upon behalf of which the person(s) acted, A 0 „„,..z, CHRISTINE M. RAPP executed the instrument. ). Comm.I1102778 jii AV rn � a � NOTARY PUBIIC•CALIFORNIA WITNESS my hand and official seal. i coran9:cUflY S r�sr My Comm. Expires July 9,2000 °� Z2; 4otaP K—" A F OPTIONAL g 1`? Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent K.; fraudulent removal and reattachment of this form to another document. Description of Attached Document ki ATitle or Type of Document: ti Document Date: Number of Pages: Signer(s) Other Than Named Above: i Capacity(ies) Claimed by Signer(s) 0 g Signer's Name: Signer's Name: ❑ Individual k ❑ Individual ❑ Corporate Officer ❑ Corporate Officer N Title(s): Title(s): ❑ Partner—❑ Limited ❑General ❑ Partner—❑ Limited ❑General .,,F: � El Attorney-in-Fact ❑ Attorney-in-Fact Z' ❑ Trustee ❑ Trustee Pi ❑ Guardian or Conservator RIGFRTHUMBPRINT - c,• "�- �(�1 oFSCNEA ❑ Guardian or Conservator oF- :I- C ❑ Other: Top of thumb here ❑ Other: Top of thumb here Ir Signer Is Representing: Signer Is Representing: I K"°. -t.^Ccs._ ^f'✓c,^GC,RC.c... ^EC,'•CC"oc:`oc.^CC',...-t.._ • "fit.^ .- ."--- - - Gc:'�c.. r-•c: t,^ecr-I.... C_-c.' +^ '�••cs ., O 1995 National Notary Association-8236 Remmet Ave..P.O.Boa 7184•Canoga Park.CA 91309-7184 Prod.No.5907 Reorder.Cad Top-Free 1-800-876-6827 ' IC Chubb POW Federal insurance Company Attn.: Surety Department orgy Vigilant Insurance Company 15 Mountain View Road Surety Pacific Indemnity Company n ATTORNEY tY P Y Warre 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 Febr/ v. 1999 . ii / u(�'l� (12iryl B.Ro rts,Assistant Secretary / fra E.Robertson, ice'Pr ident STATE OF NEW JERSEY 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 worn, 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. N��P.Fq NOTARY P• KWIC pUbIla,t3teto Notary Public y •. AO 16.EODa w rEa-e commission 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 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 licensed in 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 18th day of May, 2000 .gut *stAAMc a g. 11 •4VOIANP• MIS ISO kEW YOikr ( �'LC–C,L/// ,' — I 2_12- 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 15-10.0226 A(Ed.1-99) NON-CONSENT • . • • INDEMNIFICATION AND HOLD HARMLESS AGREEMENT AND WAIVER OF SUBROGATION AND CONTRIBUTION SEAL BEACH BLVD.MEDIAN,PROJECT NO.706 Indemnitor(s)(list all names): PALP INC. DBA EXCEL PAVING COMPANY To the fullest extent permitted by law, Indemnitor hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and hold harmless the City of Seal Beach and its elected officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively "Indemnitees") from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith (collectively "Liabilities"), arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to any act, failure to act, error, or omission of Indemnitor or any of its officers, agents, servants, employees, subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to the above-referenced contract, agreement, license, or permit (the "Agreement") or the performance or failure to perform any term, provision, covenant, or condition of the Agreement, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by • Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against an Indemnitee shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. Indemnitor shall pay Indemnitees for any attorneys fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees' sole negligence or willful misconduct to the limited cxter,t that the underlying Agreement is subject to Civil Code § 2782(a)or(b)the contracting public agency's active negligence to the limited extent that the underlying Agreement is subject to Civil Code § 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees. Indemnitor, on behalf of itself and all parties claiming under or through it,hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the lndemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. In the event there is more than one person or entity named in the Agreement as an Indemnitor, then all obligations, liabilities, covenants and conditions under this instrument shall be joint and several. "Indemnitor" Name C..P. BROWN — PRESIDENT Name:k MICCHELE E. DRAKULICH—ASST. SECRETARY By: C 4� C By: ( U at, E '�Addl «J Its Its • . • • AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS [Labor Code§§ 1720. 1773.8.1775, 1776,1777.5,1813, 1860,1861,37001 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 (2) 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 Califcrnia Labor Code Section 1861,Contractor hereby certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." Date MAY 18, 2000 Signature C.P. BROWN — PRESIDENT • • • State of California RIGHT THUMBPRINT(Optional) County of Los Angeles W On S-(Ac-F.A before me,Celeste A. Graham, Notary Public LL (DATE) (NAME/TITLE OF OFFICER-i.e.'JANE DOE,NOTARY PUBLIC") 2 personally appeared Palp Inc. DBA Excel Paving Company by INAMEISI OF SIGNER(SII CAPACITY CLAIMED BY SIGNER(S) C.P. Brown President and Michele E. Drakulich Asst. ❑INDIVIDUAL(S) Secretary OCORPORATE ® personally known to me -OR- ❑ proved to me on the OFFICERISI (TITLES) basis of satisfactory ❑PARTNERIS) 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: OFFICIAL SEAL he/she/they executed the CELESTE A.GRAHAM N same in his/her/their r NOTARYPUBLIC-CALIFORNIA c authorized capacity(ies), SIGNER IS REPRESENTING: �_ 1,Je COMMISSION S 1145104 " and that by his/her/their (Name of Person(s)or Entity(ies) Witt, LOS ANGELES COUNTY N My Commission Exp.July 30,2001 signatures) 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. S m 3 �: (SEAL) � o a. _t Imo. I` •!! (SIGNA RE 0 NOTARY) CAPACITY CLAIMED BY SIGNERS) ❑INDIVIDUALIS) ❑CORPORATE ATTENTION NOTARY OFFICER(SI The information requested below and in the column to the right is OPTIONAL. (TITLESI 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 OGUARDIAN/CONSERVATOR TO THE DOCUMENT Number of Pages Data 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 8-2AI ©1994 WOLCOTTS FORMS,INC. ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITY/REPRESENTATION/TWO FINGERPRINTS IIIIIIIIII 1 III IN 7 67775 63240 8 • • State of CALIFORNIA RIGHT THUMBPRINT(Optional) County of LOS ANGELES On --( —On" before me, Celeste A. Graham, Notary Public • (DATE) INAME/TITLE OF OFFICER-i.e.'JANE DOE.NOTARY PUBLIC, 2 personally appeared Palp Inc. DBA Excel Paving Company by INAME(S)OF SIGNERIS)) CAPACITY CLAIMED BY SIGNERIS) C.P. Brown President ❑INDIVIDUALIST ❑CORPORATE ® personally known to me -OR- 0 proved to me on the OFFICER(S) ITITLESI basis of satisfactory ❑PARTNERIS) 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: OFFICIAL SEAL he/she/they executed the el s � CELESTE A.GRAHAM !D same In his/her/their SIGNER IS REPRESENTING: �y� NOTARY PUBLIC CALIFORNIA c authorized capacity(ies),] y; COMMISSION#1145104 (Name of Persons)or Entit liesl and that by his/her/their y LOS ANGELES CO 2001 signature(s) on the My Commission Exp. y 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. m (SEAL) A � / o �� _G 7. �� -N TURE aF OTARY) • CAPACITY CLAIMED BY SIGNERIS) ❑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. 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 63240 Rev.3.94 fence class 13-2A) ©1994 WOLCOTTS FORMS.INC. ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITY/REPRESENTATION/TWO FINGERPRINTS 1111111111 11111 IlIIII 7 7775 63240 8 •• STATEMENT ACKNOWLEDGING PENAL AND CIVIL PENALTIES CONCERNING THE CONTRACTORS'LICENSING LAWS [Business&Professions Code§ 7028.15] [Public Contract Code§ 20103.5] I, the undersigned, certify that I am aware of the following provisions of California law and that I, or the entity on whose behalf this certification is given,hold a currently valid California contractor's license as set forth below: Business&Professions Code§ 7028.15: (a) It is a misdemeanor for any person to submit a bid to a public agency in order to engage in the business or act in the capacity of a contractor within this state without having a license therefor, except in any of the following cases: (1) The person is particularly exempted from this chapter. (2) The bid is submitted on a state project governed by Section 10164 of the Public Contract Code or on any local agency project governed by Section 20104 [now § 20103.5] of the Public Contract Code. (b) If a person has been previously convicted of the offense described in this section, the court shall impose a fine of 20 percent of the price of the contract under which the unlicensed person performed contracting work, or four thousand five hundred dollars ($4,500), whichever is greater, or imprisonment in the county jail for not less than 10 days nor more than six months,or both. In the event the person performing the contracting work has agreed to furnish materials and labor on an hourly basis, "the price of the contract" for the purposes of this subdivision means the aggregate sum of the cost or 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 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 fmancial 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.: 688659 Class: A Expiration date: 5/31/02 Date 5/18/2000 Signature ?/4-"(41-#%--"/_ • • C.P. BROWN — PRESIDENT S State of CALIFORNIA RIGHT THUMBPRINT(Optional) County of LOS ANGELES m On S—lam— Dc before me, Celeste A. Graham, Notary Public LE. • (DATE) INAME/TITLE OF OFFICER-i.e.-JANE DOE.NOTARY PUBLIC') c 2 personally appeared Palp Inc. DBA Excel Paving Company by (NAMES)OF SIGNERISII CAPACITY CLAIMED BY SIGNER(S) C.P. Brown President ❑INDIVIDUALIST ❑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 name(s) ❑ATTORNEY IN FACT is/are subscribed to the OTRUSTEE(S) within instrument and OGUARDIAN/CONSERVATOR acknowledged to me that ❑OTHER: OFFICIAL SEAL he/she/they executed the pf; '+ CELESTE A.GRAHAM same in his/her/their j — SIGNER IS REPRESENTING: j��I±�.� NOTARY PUBLIC authorized capacity(ies), �%q• COMMISSION#1145104 C and that by his/her/their (Name of Person(s)or Entity(ies) rn LOS ANGELES COUNTY signature(s) on the My Commission Exp.July 30,zoo1 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. (SEAL) °o c � (SI NATURE 0 OTARY) CAPACITY CLAIMED BY SIGNERIS) ❑INDIVIDUAL(S) 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. OGENERAL ❑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: Signer(s)Other Than Named Above SIGNER IS REPRESENTING: (Name of Person(s)or Entity(iesl WOLCOTTS FORM 83240 Rev.3.94(price class 8.2A) ©1994 WOLCOTTS FORMS.INC. ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITY/REPRESENTATION/TWO FINGERPRINTS 011111111111 11111111 7 67775 63240 8