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HomeMy WebLinkAboutAGMT - Excel Paving Company (Electric Ave. Storm Drain)_r RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO CITY OF SEAL BEACH Attn: City Clerk 211 - 8th Street Seal Beach, CA 90740 Recorded in Official Records, Orange County Tom Daly, Clerk- Recorder illlllllllllllllllllllllllllllll Jill llllllllllllllllllllllllllllllllllllllll NO FEE 2011000378603 9:47 am 08/03111 217 sec4 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 hereinafter described: 2. The full name of the owner is: City of Seal Beach. 3. The address of the owner is: 211 — 8th Street, Seal Beach, CA 90740. 4. The nature of the interest or estate of the owner is: In Fee. The City of Seal Beach. 5. A work of improvement on the property hereinafter is described as substantially completed on June 17, 2011 The work was Electric Avenue Storm Drain Improvements Project No SD1001. 6. The name of the contractor(s), if any, for such improvement was: Palp Inc. DBA Excel Paving Comgany date of the Contract Award was November 9. 2009 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: Electric Avenue and Seal Beach Blvd. various APN's. Date: 3J Director of Public Works, City of S I each Signature of owner or corporate ofvr of owner named in paragraph 2 or agent. VERIFICATION I, the undersigned, say: the Director of Public Works declarant of the foregoing notice of completion; have read said notice of completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury the foregoing is true and correct. Executed on J 1( 20` , 2011, at Seal Beach, California. (Date of Signature Director ot PUblfilC VVorKS, City ofl(fa Beach AN AGREEMENT FOR ELECTRIC AVENUE STORM DRAIN IMPROVEMENTS Project No. SD1001 between =�E SEAL is re- .. H 2 �#: , co - City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 Palp, Inc. DBA Excel Paving Company 2230 Lemon Avenue Long Beach, CA 90806 (562) 599 -5841 This Agreement is made and entered into this 9` day of November 2009 by and between the City of Seal Beach, a California charter city ( "City "), and Palp, Inc. DBS Excel Paving Company, a Corporation ( "Contractor "). RECITALS A. WHEREAS, the City Council has approved the plans and specifications for the Electric Avenue Storm Drain Improvements Project No SD1001 ( "Project ") with respect to design criteria; and B. WHEREAS, Contractor has submitted a bid to City for the Project dated October 27, 2009 in the amount of $1,653,458.00 ( "Accepted Proposal" hereinafter). The Accepted Proposal is attached hereto as Exhibit G and contains, among other things, provisions defining the Project scope. NOW, THEREFORE, in consideration of performance by the parties of the mutual promises, covenants, and conditions herein contained, the parties hereto agree as follows: AGREEMENT 1.0 Contractor's Services. 1.1 Scope and Level of Services. For and in consideration of the mutual promises set forth herein, and subject to the terms and conditions set forth in this Agreement, Contractor shall perform and complete in good and workmanlike manner all work ( "Work ") required by this Agreement and the documents listed in Subsection 1.2 for the Project. 1.2 Contract Documents. The "Contract Documents" that comprise the agreement between the City and the Contractor are the: Notice Inviting Bids, Instructions to Bidders, Accepted Proposal, Non - Collusion Affidavit, Bid Schedule(s), List of Subcontractors, Contractor's Industrial Safety Record, Contractor's Qualification Statement, Bid Security Forms for Check or Bond, Specifications, General and Special Provisions and documents referenced therein, all addenda as prepared prior to the date of bid opening setting forth any modifications or interpretations of any of said documents, this Agreement, Exhibits attached to this Agreement, including but not limited to the Performance Bond (Exhibit A), Payment Bond (Exhibit B), Worker's Compensation Insurance Certificate (Exhibit C), Insurance Endorsements (Exhibit D), Acknowledgment of Penal and Civil Penalties Concerning Contractor Licensing Laws (Exhibit E), Labor Law Requirements (Exhibit F), Accepted Proposal (Exhibit G) and any and all supplemental agreements executed amending or extending the work contemplated and that may be required to complete the work in a substantial and acceptable manner. These Contract Documents are hereby incorporated into this Agreement. 1.3 The Work shall be performed in accordance with the Plans, Specifications and other Contract Documents. Contractor shall furnish at its own expense all labor, materials, equipment and services necessary therefore, except such labor, materials, equipment and services as are specified in the Contract Documents to be furnished by City. 1.4 In the event of any material discrepancy between the express provisions of this Agreement and the provisions of the other Contract Documents, the provisions of this Agreement shall prevail. 2 of 9 57296- 0200 \1073470v8.doc 2.0 Effective Date. This Agreement is effective as of October 26, 2009 (the "Effective Date "), and shall remain in full force and effect until Contractor has rendered the services required by this Agreement. 3.0 Payment. For performing and completing the work in accordance with the Contract Documents, City shall pay Contractor, in full compensation therefor, the amount of $1,653,458.00, subject to any additions and deletions pursuant to the terms of the Contract Documents. Said sum shall constitute payment in full for all work performed hereunder, including, without limitation, all labor, materials, equipment, tools and services used or incorporated in the work, supervision, administration, overhead, expenses and any and all other things required, furnished or incurred for completion of the work as specified in the Contract Documents. City shall make payments to Contractor on account of the contract sum at the time, in the manner, and upon the conditions specified in the Contract Documents. 4.0 Contractor's Personnel. 4.1 All Work shall be performed by Contractor or under Contractor's direct supervision, and all personnel shall possess the qualifications, permits, and licenses required by State and local law and by the Notice Inviting Bids /Instructions to Bidders to perform such Services, including, without limitation, a City of Seal Beach business license as required by the Seal Beach Municipal Code. 4.2 Contractor shall be responsible for payment of all employees' wages and benefits, and shall comply with all requirements pertaining to employer's liability, workers' compensation, unemployment insurance, and Social Security. Contractor shall fully comply with the workers' compensation law regarding Contractor and Contractor's employees. 4.3 Contractor shall indemnify and hold harmless City and its elected officials, officers and employees, servants, designated volunteers, and agents serving as independent contractors in the role of city officials, from any and all liabilities, damages, claims, costs and expenses of any nature to the extent arising from Contractor's alleged violations of personnel practices. 4.4 Contractor is, and shall at all times remain as to City, a wholly independent contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act as an agent of City. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor's employees, except as set forth in this Agreement. Contractor shall not, at any time, or in any manner, represent that it or any of its officers, agents, or employees are in any manner employees of City. Contractor shall pay all required taxes on amounts paid to Contractor under this Agreement, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the work performed pursuant to this Agreement. 4.5 City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification arising under this Section 4. 3 of 9 87296- 0200 \1073470v8.doc 5.0 Indemnification. 5.1 Contractor's Duty. Contractor shall indemnify and hold the City, its elected officials, officers, employees, volunteers, agents, and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees ") free and harmless from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, bid protests, stop notices, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a "Claim;" collectively, "Claims "), in any manner arising out of or incident to the performance of the Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. Further, Contractor shall appoint competent defense counsel, at Contractor's own cost, expense and risk, to defend any and all such suits, actions or other legal proceedings of every kind arising out of or incident to the performance of the Agreement that may be brought or instituted against Indemnitees. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or the other Indemnitees in any such suit, action, or other legal proceeding arising out of or incident to the performance of the Agreement. Contractor shall reimburse the City and the other Indemnitees, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Contractor or Indemnitees. This indemnity shall apply to all Claims and liability regardless of whether any insurance policies are applicable. 5.2 Bid Protests. In addition to its obligations pursuant to Section 5.1, Contractor shall reimburse the City for all attorney fees and costs incurred by City in connection with, arising out of or incident to any bid protest. 5.3 City's Sole Negligence. Nothing in Section 5.1 shall be construed to require Contractor to indemnify Indemnities for that portion of any Claim to the extent arising from the sole negligence or willful misconduct of the Indemnities. 5.4 Nonwaiver of Rights. Indemnitees do not, and shall not, waive any rights that they may possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. 5.5 Waiver of Right of Subrogation. Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation 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 Indemnitor. 5.6 Survival. The provisions of this Section 5 shall survive the termination of the Agreement and are in addition to any other rights or remedies that 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 Contractor shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. 4 of 9 87296- 0200 \1073470v8.doc 6.0 Insurance. 6.1 Liability Insurance. Contractor shall procure and maintain in full force and effect for the duration of this Agreement insurance against claims for injuries to persons or damages to property and professional negligence which may arise from or in connection with the performance of the services hereunder by Contractor, and its agents, representatives, employees and subconsultants. The policy limits set forth below do not act as a limitation upon the amount of indemnification to be provided by Contractor. Contractor shall complete and execute the following documents attached as Exhibits hereto and incorporated herein by this reference: 6.1.1 Exhibit D -1: Additional insured Endorsement - Commercial General Liability 6.1.2 Exhibit D -2: Additional Insured Endorsement - Automobile Liability 6.1.3 Exhibit D -3: Additional Insured Endorsement 6.2 Minimum Scope of Insurance. Unless otherwise approved by City, coverage shall be at least as broad as: 6.2.1 Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). 6.2.2 Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). 6.2.3 Insurance Services Office form number CG 20 10 11 85 (Ed. 11/85) covering Additional Insured — Owners, Lessees or Contactors (Form B). 6.2.4 Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. 6.2.5 Professional Liability insurance. Contractor shall provide to City the standard form issued by the carrier. 6.3 Minimum Limits of Insurance. Contractor shall maintain limits no less than: 6.3.1 General Liability: $2,000,000 per occurrence and in the aggregate • for bodily injury, personal injury and property damage. Commercial General Liability Insurance or other form with a general aggregate limit shall apply separately to this Agreement or the general limit shall be twice the required occurrence limit. 6.3.2 Automobile Liability: $2,000,000 per occurrence for bodily injury and property damage. 5 of 9 S7296- 0200 \1073470v8.doc 6.3.3 Employer's Liability: $1,000,000 per occurrence and in the aggregate for bodily injury or disease and Workers' Compensation Insurance in the amount required by law. 6.4 Deductibles and Self - Insured Retentions. Contractor shall inform City of any deductibles or self - insured retentions except with respect to any professional liability insurance. 6.5 Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 6.5.1 City, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of city or agency officials, are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no limitations on the scope of protection afforded to City, its officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of city or agency officials which are not also limitations applicable to the named insured. 6.5.2 For any claims related to this Agreement, Contractor's insurance coverage shall be primary insurance as respects City, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of city or agency officials. Any insurance or self - insurance maintained by City, their officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of city or agency officials shall be excess of Contractor's insurance and shall not contribute with it. 6.5.3 Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6.5.4 Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled or materially modified except after 30 days prior written notice by first class mail has been given to City. 6.5.5 . Each insurance policy, except for any professional liability policy, required by this clause shall expressly waive the insurer's right of subrogation against City and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of city or agency officials. 6.6 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII unless waived in writing by City's Risk Manager. 6.7 Verification of Coverage. All insurance coverages shall be confirmed by execution of endorsements on forms approved by the City. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by City before services commence. As an alternative to City forms, 6 of 9 57296- 0200 \1073470v8.doc Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 7.0 Liquidated Damages. Should the Contractor fail to complete the project, or any part thereof, in the time agreed upon in the Contract, the Contractor shall reimburse the City for the additional expense and damage for each calendar day that the Contract remains uncompleted after the Contract completion date. It is agreed that the amount of such additional expense and damage incurred by reason of failure to complete the Contract is the per diem rate $750 per calendar day. Such amount is hereby agreed upon as liquidated damages for the loss to the City resulting from the failure of the Contractor to complete the project within the allotted time and to the value of the operation of the works dependent thereon. It is expressly understood and agreed that this amount is a reasonable amount and is established in lieu of damages that are incapable of calculation at the inception hereof; and this amount is not to be considered in the nature of a penalty. The City shall have the right to deduct such damages from any amount due, or that may become due to the Contractor, or the amount of such damages shall be due and collectible from the Contractor or the Contractor's Surety. Progress payments made after the scheduled completion date shall not constitute a waiver of liquidated damages. 8.0 Suspension. City may, in writing, order Contractor to suspend all or any part of the Contractor's Services for the convenience of City or for work stoppages beyond the control of City or Contractor. A suspension of the Services does not void this Agreement. 9.0 Notices. Any notices, bills, invoices, or reports authorized or required by this Agreement shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during Contractor's and City's regular business hours or by facsimile before or during Contractor's regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this Section. All notices shall be addressed as follows: If to City: City of Seal Beach - City Clerk 211 8th Street Seal Beach, California 90740 Telephone: (562) 431 -2527 Fax: (562) 493 -9857 With a copy to: Public Works Director City of Seal Beach 211 8th Street Seal Beach, California 90740 If to Contractor: Palp, Inc. DBA Excel Paving Company 2230 Lemon Avenue Long Beach, CA 90806 Telephone: (562) 599 -5841 Fax: (562) 591-7485 7 of 9 87296- 0200 \1073470v8.doc 10.0 Non - Assignability; Subcontracting. Contractor shall not assign, transfer, or subcontract any interest in this Agreement or the performance of any of Contractor's obligations hereunder. Any attempt by Contractor to so assign, transfer, or subcontract any rights, duties, or obligations arising hereunder shall be null, void and of no effect. 11.0 Compliance with Laws. Contractor shall comply with all applicable federal, state and local laws, ordinances, codes and regulations in force at the time Contractor performs the Services. 12.0 Non - Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Contractor constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 13.0 Attorneys' Fees. In the event that either party to this Agreement shall commence any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including all attorneys' fees incurred in connection therewith. 14.0 Construction. The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California. In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Agreement or who drafted that portion of the Agreement. 15.0 Entire Agreement. This Agreement, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between Contractor and City. This Agreement supersedes all prior oral or written negotiations, representations, or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. (Intentionally Left Blank) 8 of 9 S7296- 0200 \1073470v8.doc IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Agreement as of the date first written above. CITY OF SEAL BEACH CONTRACTOR: By: By: /! tn.✓ David N. Carma , City Manager Name: � ROWN Title: PRESIDE Attest: E Jut( c By: .1,1, , B y ,� J'•-3 i da Devine, City Clerk Name: MICHELE E. DRAKULICH Title: ISM SECTARY Approved as to FFm: or By: P.....97\ Quinn M. Barro , ity Attorney 9 of 9 57296- 0200 \I073470v8.doc • C4I F OR1STI A ALL-PURASE • CERTIFICATE OF ACKNOWLEDGMENT State of California County of LOS ANGELES On f d- .5?—O 5 before me, MONA COVINGTON, NOTARY PUBLIC (Here insert name and title of the officer) personally appeared C.P. BROWN who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she%key executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. MONA COVINGTON WITNESS my hand and official seal. erfMIM17s�ao5 =x - aavc�v�tc oCAWF01Qivw F / ORANGE COUNTY iO Comm.Exp.NAY 27,2012 Signature of Notary Public (Notary Seal) ♦ o ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California In such instances,any alternative (Title or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the (Title or description of attached document continued) document carefully for proper notarial wording and attach this form( required Number of Pages Document Date • State and County information must be the State and County where the document signer(s)personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signers)personally appeared which must also be the same date the acknowledgment is completed. (Additional information) • The notary public must print his or her name as it appears within his or her • commission followed by a comma and then your title(notary public). • Print the names) of document signers)who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. ❑ Individual(s) iisishelibeyr is lace)or circling the correct forms.Failure to correctly indicate this information may lead to rejection of document recording. ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on tile with the office of the county clerk. ❑ Attorney-in-Fact 4 Additional information is not required but could help to ensure this �. ❑ Trustee(s) acknowledgment is not misused or attached to a different document ❑ Other rr Indicate title or type of attached document,number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). • Securely attach this document to the signed document 2008 Version CAPA v12.10.07 800-873-9865 www.NotaryClasses corn • CALIFORNIA ALL-PURI:41SE CERTIFICATE OF ACKNOWLEDGMENT State of California County of LOS ANGELES On l before me, MONA COVINGTON, NOTARY PUBLIC (Here insert name and title of the officer) personally appeared MICHELE E. DRAKULICH who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/aae subscribed to the within instrument and acknowledged to me that he/sheLthey executed the same in.11is/her/their authorized capacity(ies), and that by#is/her/tfieir signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. AAONA COVINGTON , �! WITNESS my hand and official seal. • COMM.1 C 0,, ,r Y F�, NOTARY PUBLIC o CALIFORNIA cnt= 3 ` ORANGE COUNTY Comm.Exp.MAY 27,2012 (Notary Seal) Signature of Notary Public ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California In such instances,any alternative (Title or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the I verbiage does not require the notary to do something that is illegal for a notary in I California (i.e. certifying the authorized capacity of the signer). Please check the (Title or description of attached document continued) document carefidly for proper notarial wording and attach this form if required • State and County information must be the State and County where the document Number of Pages Document Date signer(s)personally appeared before the notary public for acknowledgment • Date of notarization must be the date that the signer(s)personally appeared which must also be the same date the acknowledgment is completed. (Additional information) • The notary public must print his or her name as it appears within his or her !I commission followed by a comma and then your title(notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. ❑ Individual(s) he/she/thew-is/ere)or circling the correct forms.Failure to correctly indicate this information may lead to rejection of document recording. ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines.If seal impression smudges,re-seal if a I! (Title) sufficient area permits,otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. i ❑ Attorney-in-Fact o Additional information is not required but could help to ensure this �! ❑ Trustee(s) acknowledgment is not misused or attached to a different document. ❑ Other Indicate title or type of attached document,number of pages and date. 4. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). �I • Securely attach this document to the signed document 2008 Version CAPA v12 10 07 800-873-9865 www.NotaryClasses corn ! • Bond No. 8216-89-67 Bond Premium $9.921.00 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Seal Beach,has awarded PALP Inc.dba Excel Paving Company 2230 Lemon Ave. Long Beach, CA 90806 (Name and address of Contractor) ("Principal"),a contract(the"Contract")for the work described as follows: Electric Avenue Storm Drain Improvements Protect No SD1001. WHEREAS,Principal is required under the terms of the Contract to furnish a bond for the faithful performance of the Contract. NOW,THEREFORE,we,the undersigned Principal,and Federal Insurance Company 15 Mountain View Rd. Warren, NJ 07059 (Name and address of Surety) ("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Public Agency in the penal sum of One million six hundred fifty three thousand four hundred fifty eight and no/100 Dollars($ 1,653,458.00 ),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 cast 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 there under,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 there under. 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. Page D-48 R ISPEC51ka/BearMVanou,Storm Drain lm/umemenaakcme Ate-14111 StI"ndBIDL2nd Bid-FTNALE/cernc Specs 130C1O9 der • Dated: October 29,2009 "Principal" "Surety" PALP Inc.dba Excel Paving Company Federal Insurance Company 2230 Lemon Ave. 15 Mountain View Rd. Long Beach, CA 90806 Warre , NJ 07059 �-� �.P. BROWN ,1 � , 1 By: By: _ Its ®�� Its r. glas A. Rapp, C ttorney in Fact g By: it.t cA-e14 . 0"c0t1 By: Its YvlICHELE E.DRAKUUICH Its 1SSL 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. Page D-49 R l PECSu&I Beachlpartoat Mann Dram 1 mptmtmenn Acrd¢Aye-I eh StUnd BIDI?nd Bid-FINAL-Ek,,r Specs ISOC7e9dac < CAIFORNIA ALL-PURSE ' CERTIFICATE OF ACKNOWLEDGMENT State of California County of LOS ANGELES I i On /E7��—cD 7 before me, MONA COVINGTON, NOTARY PUBLIC 1 (Here insert name and title of the officer) personally appeared C.P. BROWN 1 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to I� I the within instrument and acknowledged to me that hefshe/they executed the same in his/her/their authorized I capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. I I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph ,I is true and correct. ,-T _ MONA COVINGTON ��. COMM.01798405 WITNESS my hand and official seal. w ,t ocAU I I x`4,0-4/4 ORANGE COUNTY �� ��w Cantu.Exp.{DIY 27,2012 (Notary Seal) . _ II Signature of Notary Public i I to ADDITIONAL OPTIONAL INFORMATION I' I! i INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a 1 document is to be recorded outside of California.In such instances,any alternative acknowledgment verbiage as may be printed on such a document so long as the (Title or description of attached document) verbiage does not require the notary to do something that is illegal for a notary in j California(i.e. certifying the authorized capacity of the signer). Please check the (Title or description of attached document continued) document carefully for proper notarial wording and attach this form if required • State and County information must be the State and County where the document ■ Number of Pages Document Date signer(s)personally appeared before the notary public for acknowledgment. �'. • Date of notarization must be the date that the signers)personally appeared which must also be the same date the acknowledgment is completed. (Additional information) • The notary public must print his or her name as it appears within his or her li commission followed by a comma and then your title(notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. ❑ Individual it he/she/they;-is/ate)or circling the correct forms.Failure to correctly indicate this information may lead to rejection of document recording. ! ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges,re-seal if a 1 (Title) sufficient area permits,otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. Ii ❑ Attorney-in-Fact Sr Additional information is not required but could help to ensure this �! I' ❑ Trustee(s) acknowledgment is not misused or attached to a different document. ❑ Other - Indicate title or type of attached document,number of pages and date. ' Indicate the capacity claimed by the signer. If the claimed capacity is a II corporate officer,indicate the title(i.e.CEO,CFO,Secretary) • Securely attach this document to the signed document L' l 2008 Version CAPA v12.10.07 800-873-9865 www.NotaryClasses corn ■ CRIFORNIA ALL-PUR*SE CERTIFICATE OF ACKNOWLEDGMENT State of California County of LOS ANGELES ® On /Q--,2 9 `0 ! before me, MONA COVINGTON, NOTARY PUBLIC (Here insert name and tide of the officer) personally appeared MICHELE E. DRAKULICH I I who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by#tis/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ii I MONA COVINGTON E! " COIVWJL 01798405 I WITNESS my hand and official seal. } 1.y {,,�j =�C ochUFOn1IA ORANGE COUNTY ,b n`` ` ,+ Comm.Exp.MAY 27,2012 )■1\1\/0)/0) ` lll (Notary Seal Signature of Notary Public ) ♦ i! . ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as I' DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is If a document is to be recorded outside of California.In such instances,any alternative (Tide or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California(i.e. certifying the authorized capacity of the signer). Please check the (Title or description of attached document continued) document carefully for proper notarial wording and attach this form if required • State and County information must be the State and County where the document I Number of Pages Document Date si e s personally Ii gn r()perso y appeared before the notary public for acknowledgment • Date of notarization must be the date that the signer(s)personally appeared which must also be the same date the acknowledgment is completed. (Additional information) • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title(notary public). • Print the names) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. lre/she/they-is/ere)or circling the correct forms.Failure to correctly indicate this ❑ Individual(s) information may lead to rejection of document recording. ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines.If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. ❑ Attorney-in-Fact + Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. ❑ Other n Indicate title or type of attached document,number of pages and date. + Indicate the capacity claimed by the signer. If the claimed capacity is a I corporate officer,indicate the title(i.e.CEO,CFO,Secretary). • Securely attach this document to the signed document 2008 Version CAPA v12 10.07 800-873-9865 www NotaryClasses corn \ >, . - 1, CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California l County of Orange II I 10/29/09 i' On before me, Debra Swanson, Notary Public , I. (Here hunt name and tide of the officer) I'i personally appeared •Douglas A. Rapp I, who proved to me on the basis of satisfactory evidence to be the person() whose names) is/afe subscribed to the within instrument and acknowledged to me that he/she/414v executed the same in IiisAva4theic authorized capacity(ies), and that by his/kew/tom signature(on the instrument the person(s), or the entity upon behalf of 1. which the person(9)acted, executed the instrument. ! 1I I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph 1, is true and correct. - o►ry, DEBRA SWANSON - l, ed iINA COMM.8 1822117 XI WITNESS my hand and official seal. , t n' A NOTARY PUBUC•CAUFORNIA XI i•rt }:ra' ORANGE COUNTY C/7 I. p :, Icy Comm Expires NOV 10,2012 Signature of Notary Public i' • •• - - - - - - - -- 0 i. - ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Ara acknowledgment completed in CaIlfonila mutt contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above it the notary section or a separate acknowledgment form must be pr'cperty completed and attached to that docrarrent. The only exception is if a , . document is to be recorded outside of Cal(fo•nla,In such instances.any alternative (rink or description of attached document) verbiage verbiage as may be printed on such a dacwnent so long as the verbiage does not require the notary to do something that is illegal for a notary in • Cal(lbnila (Le. etnfying the authorised capacity of the signer). Please check the (Tide Or description of attached document continued) document carefully for proper notarial wording and attach this form((required Number of Pages Document Date • State and County intimation must be the State and County where the document a$ signs(s)personally appeared before the notary public for acknowledgment. • Date of notarisation must be the date that the signer(s)personally appeared which must also be the same date the acknowledgment is completed. • (Additional information) • The notary public must print his or her name as it appears within his or her I. commission followed by a comma and then your tide(notary public). • Print the mane(s)of document signer(s) who personally appear at the time of ' notarization. CAPACITY CLAIMED BY THE SIGNER • ladicate the cared singular or plural forms by crossing off incorrect forms(i.e. ❑ Individual(a) War is hw)or circling the correct forms.Failure to correctly indicate this � ) information may bad to rejection of document recording. ❑ Corporate Officer • The notary sell impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges,re-seal if a •(Title) sufficient area permits,otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of al the county clerk. ❑ Attorney-in-Fact i4 8 Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document • ❑ Other O Indicate We or type of attached document,number of pages and date. 8 Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer,indicate the tide(i.e.CEO,CFO,Secretary) • Securely attach this document to the signed document 200E Version CAM v12.10.07 800473-9865 wwwNotaryClasses.com • • ic Chubb POWER Federal Insurance Company Attn: Surety Department OF Vigilant Insurance Company IS Mountain View Road Surety ATTORNEY Pacific Indemnity Company Warren,NJ 07054 etrAMISIM 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 Linda D.Coats,Matthew J.Coats,Douglas A.Rapp and Timothy D.Rapp of Laguna huts,California--------- each as their true and Jarful Attorney.in-Fact to execute under such designation in their names and to affix their corporate seals to and deriver for and en their behalf as surety thereon or etlyename.bonds and Undettaketgs and other writings obligatory in the nature thereof(other than bail bonds)given or executed in the course of business,and any instruments amending or altering the same,and consents to the modification or alteration of any instrument referred to in said bonds or obligations. . to Wltneae Whereof,cord FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMaWTTV COMPANY haw each executed and attested those presents and affixed their corporate seals on this 30th day of March,2009. rfl C_ erne C.Wendel,Assist. ssistant Secretary r ' David rim,Jr.,Vice STATE OF NEW JERSEY sit. County of Somerset On this 30th day of March,2009 before me.a Notary Public of New Jersey,personally came Kenneth C.Wendel,to me Mow n 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 Kenneth C Wendel,being by me duly sworn,red depose and say that he is Assistant Secretal of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof,that the seals affixed to the foregoing Prrwer of Atfomey are suet ao,putete edam war were motet()suffixed by authority of die Sy-Law&of Bale Companies;and that he signed said Power at Attorney ae Assistant Secretary of said Companies by like authority;and that ha is acquainted with David B.Norris,Jr.,and knows hit to be Vice President of said Companies;and that the signature of David B.Noma,Jr..subscribed to said Power of Attorney Is in the genuine handwriting of David B.Norris,Jr.,and was thereto subscribed by authority of said By- Laws and in deponenfa bre9ence. Notarial Seal KATHERINE V ILIACH' R -' 9 NO?MY PU81JC OF NEW ' sAI�pIARY s� No.33it36t35 �• �~� , `�' t``�f, Y f'!liiUG � s July 8. Q Notary Pubae e CER'IF(CArar Extract from the Sy.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,primed or hfthograPhed.The signalize of each of the following officers:Chairman,President,any Vice President,any Assrstard Vice President,any Secretary,any Assbmnt Secretary and Me'sod of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys Vi-Fact to purposes only of executing and attesting borhds and undertakings and other Marlow obligatory in the nature thereof,and any such power of Money or certificate bearing such facsimile signature or facsimile seal shalt be valid and binding upon the Company and arty such power so executed ano certified by such lecaxrhile signature and tassimte seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." I,Kenneth C.Wendel,Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PAC FIC INDEMNITY COMPANY (the"Companies"do hereby certify that (i) the foregoing extract of the By-Laws of the Companies is true and oozed. (Ii) the Companies are duty licensed and authorized to transact surety business in all 60 of the United States of America and the District of Columbia and are authorized by the U.S Treasury Department;further,Federal anti Vigilant are licensed in Puerto Rico and the U.S.Virgin Islands.and Federal is licensed in American Samna,Guom.end each or the Prate/moo of Canada oaeapt Prince t:dwuid trend;and fie) the foregoing Power of Attorney is boa,cared:and in hilt force and alien. Given under my hand and seals of said Companies at Warren.NJ this 29th day of October,2009 \ � ��f. . 4tet>MP -,41.A......-, *,W ,.e.J ����//// meth C.W ,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 1 MATTER,PLEASE CONTACT US AT ADDRESS LISTED ABOVE,OR BY Telephone(908)903-3493 Fax(908)903-3858 e-mail: suretyechubb.com j Form 15.10.02250-U (Ed.5.03) CONSENT • • Bond No. 8216-89-67 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-Ave. Long Beach, CA 90806 (Name and address of Contractor) (`Principal"),a contract(the"Contract")for the work described as follows: Electric Avenue Storm Drain Improvements Project No SDI 001. 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 15 Mountain View Rd. Warren, NJ 07059 (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 six hundred fifty three thousand four hundred fifty eight and no/100 Dollars($ 1,653,458.00 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 Page D-51 R LSPECSLSea!BearhWariour Sturm Drain fmpravemenerlEkrax Ate-14th 912nd BIDUd 4d•FMd4£krmr.der./30C7D9.dor 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: October 29, 2009 "Principal" "Surety" • PALP Inc.dba Excel Paving Company Federal Insurance Company 2230 Lemon Ave. 15 Mountain View Rd. Long Beach, CA 90806 Warre NJ 07059 BROWN 1 By: By: , mil,t is ��,?;,, Its D. glas A. Rap�rney in Fact Its MICHELE E.DRAKUUICt Its t 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. Page D-52 R ISPECSSco/BrarhIVattour Storm Drain Impmements0eartr Ave-14th Wm/BIDL'id Bd-FINALEkrtrx Spat 130(,799 tbr •ii CieIFORNIA CERTIFICATE OF ACKNOWLEDGMENT State of California County of LOS ANGELES I' On / - ?— 'T before me, MONA COVINGTON, NOTARY PUBLIC , (Here insert name and title of the officer) personally appeared C.P. BROWN , i II who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/hey executed the same in his/her/their authorized 1 capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of I which the person(s)acted, executed the instrument. is 11 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph ';i is true and correct. i -� MONA COVINGTON WITNESS my hand and official seal. �' comm.01798405 ,I ., .z. �-, =ANY oCAUFOR8M 1 ki=1/1:/ ORANGE couNry \�; �` Comm.Exp.MAY 27,2012 I Signature of Notary Public (Notary Seal) II . O , ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM i, Any acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California.In such instances,any alternative I' (Title or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the ; verbiage does not require the notary to do something that is illegal for a notary in I; California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required (Title or description of attached document continued) Number of Pages Document Date • State and County information must be the State and County where the document signer(s)personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signers)personally appeared which I must also be the same date the acknowledgment is completed. (Additional information) • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title(notary public). • Print the name(s)of document signer(s)who personally appear at the time of notarization. ■ li CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. ❑ Individual(s) he/she/+ is/am)or circling the correct forms.Failure to correctly indicate this information may lead to rejection of document recording. ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines.If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. I ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of 1 the county clerk. ❑ Attorney-in-Fact + Additional information is not required but could help to ensure this I' ❑ Trustee (s) acknowledgment is not misused or attached to a different document. ❑ Other 4 Indicate title or type of attached document,number of pages and date. 1, O Indicate the capacity claimed by the signer. If the claimed capacity is a - II corporate officer,indicate the title(i.e.CEO,CFO,Secretary). • Securely attach this document to the signed document L 2008 Version CAPA v12 10.07 800-873-9865 www.NotaryClasses corn CIFORNIA ALL-PURSE CERTIFICATE OF ACKNOWLEDGMENT 1 State of California County of LOS ANGELES III On /6)'—a?—0? before me, MONA COVINGTON, NOTARY PUBLIC , (Here insert name and title of the officer) personally appeared MICHELE E. DRAKULICH , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that heJshetthey.executed the same in his/her/their authorized capacity(ies), and that by#is/her/their signature(s)on the instrument the person(s), or the entity upon behalf of is which the person(s)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. - MONA COVINGTON - s- COMM.#1798405 3g 1 WITNESS my hand and official seal. • 'ti ' = ROTARY PUBLIC 0CALIFORNIA g r i "tF: ORANGE COUNTY - - \\_,n,, " Cornet.Exp.MAY 27,2012 (Notary Seal) ISignature of Notary Publi • f ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM t Any acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be 1 properly completed and attached to that document. The only exception is if a document is to be recorded outside of California.In such instances,any alternative (Tide or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the 1 verbiage does not require the notary to do something that is illegal for a notary in i California (i.e. certifying the authorized capacity of the signer). Please check the (Title or description of attached document continued) document carefully for proper notarial wording and attach this form if required 1 Number of Pages Document Date • State and County information must be the State and County where the document signer(s)personally appeared before the notary public for acknowledgment • Date of notarization must be the date that the signers)personally appeared which must also be the same date the acknowledgment is completed. (Additional information) • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title(notary public). • Print the name(s) of document signer(s) who personally appear at the time of I notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. he/she/they-is/ace)or circling the correct forms.Failure to correctly indicate this ❑ Individual(s) information may lead to rejection of document recording. ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines.If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. ❑ Attorney-in-Fact G Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. ❑ Other ' Indicate title or type of attached document,number of pages and date. + Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). • Securely attach this document to the signed document 2008 Version CAPA v12 10.07 800-873-9865 www.NotaryClasses com c • C 6 IFORNIA ALL-PURP SE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Orange On 10/29/09 before me, Debra Swanson, Notary Public (Here insert name and title of the officer) personally appeared Douglas A. Rapp who proved to me on the basis of satisfactory evidence to be the person(s) whose name(*) ishme subscribed to the within instrument and acknowledged to me that he/ they executed the same in hisA4/ eir authorized capacity(ies), and that by his/#ec/tl signature( )on the instrument the person(*), or the entity upon behalf of which the person(*)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. srr °f n,4, DEBRA SWANSON • WITNESS my hand and official seal. N 176# :,1::'m'',/ „ 's COMM..t�n18221117�� X ,. i NOTARY ruoUC AUFORntn • . rz ORANGE COUNTY W 1)1IYAV. (Notary sue) `-� ", My Comm Expires NOV 10,2012 Signature of Notary Public • ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment.completed In Cal((ornia must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appear:above hi the notwy section or a separate acknowledgment form must be ,xcper(y completed and attached to that doetmat. The only exception u if a document li to be recorded outside of Cal(fornia. In such instances any alternative (risk or description of attached document) — acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in • Cal((ornia (Gt. eerr(fying the authorized capacity of the signer). Please checl the (Tide or description of attached document continued) document carefully for proper notarial wording and attach this form jf required Number of P es Document Date • State and CQynty information must be the State and County where the document a8 signer(s)personally appeared before the notary public for acknowledgment. • Date of aouriratioa must be the date that the signer(s)personally appeared which must also be the same date the acknowledgment Is completed. (Additional information) • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your tide(notary public) • Print the namo(s) of document signers) who personally appear at the time of . notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(1.c ❑ Individuals ►dsbe/t#+ay`r is he )or circling the correct forms.Failure to correctly indicate this (s) information may lead to rejection of document recording. O Corporate Officer • The notary soil impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges,re-scar if a .(Title) sufficient area permits,otherwise complete a different acknowledgment form ❑ Partner(*) • Signature of the notary public must match the signature on file with the office of O Attorney-in-Fact �'county clerk eY s'' O Additional information is not required but could help to ensure tits ❑ Trustee(s) acknowledgment is not misused or attached to a different document. ❑ Other O Indicate title or type of attached document,number of pages and date. O Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer,indicate the tide(i.e.CEO,CFO,Secretary). • Securely attach this document to the signed document 2008 Version CAPA v12.10.07 800473-9865 www.NowyClasses.com • • Chubb POWER Federal Insurance Company Attn: Surety Department OF Vrgliant 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 Linda D.Coats,Matthew J.Coats,Douglas A.Rapp and Timothy D.Rapp of Laguna Hills,California--.---- each as their true and lawtd Attorney.in-Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and an their behalf as surety thereon or oehenwse.bonds end undertakings and other wirings obitgatory in the nature thereof(other than b rt bonds)given or executed in the course of business,and any instruments amending or altering the same,and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereat.cold FEDERAL INSURANCE COMPANY,VIGILANT a tlRANCE COerPANY,and PACIFIC INDEMNITY COaePANV have each executed and attested these presents and affixed their corporate seals on this 30th day of March,2009. C, 17emn C-denial,Assistant Secretary -- David; ma.Jr,Vice Pres STATE OF NEW JERSEY se. County of Somerset On this 30th day of March,2009 before me.a Notary Public of New Jersey,personally came Kenneth C.Wendel,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 Kenneth C. Wender!,being by me duly sworn,rid depose and say that ire is Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGIUWT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY and knows the corporate seals hereof,that the seals affixed to the weeping Power of Attorney are aunts so poeate strata and ware thereto affixed by authority of the trig-Lows of said Companies;and that he aired said Power of Attorney so Assistant Secretary of said Companies by like authority-,and that ha a acquainted with David B.Norris,Jr.,and knows him to be Vice President of said Companies;and that the signature of David B.Nome,Jr.,subscribed to said Power of Attorney is In the genuine handwriting of David B.Norris,Jr..and was thereto subscribed by authority of said By- Laws and In deponenTS presence. Notarial Seal ---il /q .. —'11-- KAT E MOORS NOTARY PUBLIC OF NEW JE y �NT AR Y rn No.231 6685 /p lc `-------r Y teuei_I� July 8.Mg• 'Notary Public CWJ / CERTIFICATION Extract from the Sy-Laws of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY: 'All pa wars of attorney for and cm 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 rah the Secretary or an Assistant Secretary,under their respectve designations.The signature of such officers may be engraved,printed or dhographad.The signature of each of the following officers:Chairman,President,any Woe President,any Assistant Vice President,any Secretary,any Assistant Secretary and the'seal d the Company may be attired by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys.In-Fact tar purposes only d executing and attesting bonds and undertakings and other writings obligatory in the nature thereof.and any such power of attorney or certificate bearing such facaimle signature or facsimile seal shalt be valid and binding upon the Company anti any such power so executed ana certified by such facsimile signature anti facsimile seal shat be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." I,Kenneth C.Wendel,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. (hi) the Companies are any licensed and authorized to transact surety business in at e'0 d the United States et America and the District of Columbia and are authorized by the U.S.Treasury Department;further.Federal aria Vigilant are licensed in Puede Rico and the U.S.Virgin Islands,and Federal is licensed in American Samoa.Guam.and pooh el the Provinew of Canada unwept Preto Gram m/Island;and fail) the foregoing Power of Attorney Is true,correct and in tuft fate and enact. Given under my hand and seals of said Companies at Warren,NJ this 29th '�iy of October,2009 (Sill '10' t A.LAI• Lt ). enneth C.W dot,Assistant Secretary iN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM,VE.RiFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER } MATTER,PLEASE CONTACT US AT ADDRESS USTED ABOVE.OR BY Teleptvne(908)909-3493 Faa(908)903-3858 4 e-mail: surety@chubb•col . .1 Faun 15-10.02258-U (Ed.5.03) CONSENT OP ID:JR ■ CORO' DATE(MM/DD/YYYY) CERTIFOATE OF LIABILITY INStOtANCE 10/12/11 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 949-553-9800 NAME: The Wooditch Company Insurance 949-553-0670 1acNNo.Extl: (A/C,No): Services,Inc. 1 Park Plaza,Suite 400 E-MAIL ADDRESS: Irvine,CA 92614 PRODUCER EXCELPI William S.Wooditch CUSTOMER ID#: INSURER(S)AFFORDING COVERAGE NAIC# INSURED Palp, Inc.,dba: INSURERA:OId Republic General Ins.Corp 24139 Excel Paving Company INSURER B:Starr Indemnity&Liability Co 2230 Lemon Avenue Long Beach,CA 90806 INSURER C INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY X X Al CG50211108 11/01/11 11/01/12 DAMAGE TO RENTED 100 000 PREMISES(Ea occurrence) $ � CLAIMS-MADE X OCCUR MED EXP(Any one person) $ 5,000_ X DED:$25,000 PERSONAL&ADV INJURY _ $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ 2,000,000 7 POLICY n JEI n LOC $ AUTOMOBILE LIABILITY X X COMBINED SINGLE LIMIT $ 1,000,000 A X ANY AUTO Al CA50211108 11/01/11 11/01/12 (Ea accident) BODILY INJURY(Per person) $ ALL OWNED AUTOS BODILY INJURY(Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE $ X HIRED AUTOS (Per accident) X NON-OWNED AUTOS $ UMBRELLA UAB X OCCUR EACH OCCURRENCE $ 1,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $ 1,000,000 B SISCCCL01607011 11/01/11 11/01/12 DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION X TWATIT-S OT - AND EMPLOYERS'LIABILITY YIN A ANY PROPRIETOR/PARTNER/EXECUTIVE X Al CW50211108 11/01/11 11/01/12 E L EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E L DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) *Except 10 Days Notice of Cancellation for Non-Payment of Premium. RE:Excel Job#4713;Electric Avenue Strom Drain Improvements; Project No. SDI001.Waiver of Subrogation for General and Auto Liability and Workers' Compensation:See Attached Endorsements. *SEE NOTES* alairwv/auaiowv/wcwv CERTIFICATE HOLDER CANCELLATION CITYSEA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Seal Beach ACCORDANCE WITH THE POLICY PROVISIONS. Office of the City Clerk First Floor AUTHORIZED REPRESENTATIVE 211 8th Street Seal Beach,CA 90740 ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD EP I PAGE 2 NOTEPAD INSURED'S NAME Ip, Inc.,dba: OP D. DATE 10/12/11 *Should this policy be cancelled before the expiration date The Wooditch Company will mail 30(thirty)days written notice to those Certificate Holders which require such action per contract or agreement.* NOTEPAD. HOLDER CODE �TYSEA EXCIlk PAGE 3 INSURED'S NAME alp, Inc.,dba: OP ID. DATE 10/12/11 City of Seal Beach,its officers,officials,employees,designated volunteers and agents serving as independent contractors in the role of city or agency officials are named as Additional Insureds as respects General and Auto Liability per attached endorsements. This Insurance shall apply as Primary and Non-Contributory per attached endorsement. • • • POLICY NUMBER: Al CG50211108 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Location And Description Of Completed Opera- Or Organization(s): tions WHERE REQUIRED BY WRITTEN CONTRACT, BUT ONLY WHEN COVERAGE FOR COMPLETED OPERATIONS IS SPECIFICALLY REQUIRED BY THAT CONTRACT. Information required to complete this Schedule, if not shown above,will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s)shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by"your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products- completed operations hazard". CG 20 37 07 04 ©ISO Properties, Inc.,2004 Page 1 of 1 ❑ • • POLICY NUMBER: A1CG50211108 COMMERCIAL GENERAL LIABILITY CG 2010 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -- SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s)Of Covered Operations WHERE REQUIRED BY WRITTEN CONTRACT. Information required to complete this Schedule,if not shown above,will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional exclu- organization(s) shown in the Schedule, but only lions apply: with respect to liability for"bodily injury", "property This insurance does not apply to "bodily injury" or damage" or "personal and advertising injury" "property damage"occurring after: caused, in whole or in part, by: 1. Your acts or omissions; or 1. All work, including materials, parts or equip- ment furnished in connection with such work, 2. The acts or omissions of those acting on your on the project (other than service, mainten- behalf; ance or repairs) to be performed by or on be- in the performance of your ongoing operations for half of the additional insureds) at the location the additional insured(s) at the location(s) desig- of the covered operations has been completed; nated above. or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. CG 2010 07 04 ®ISO Properties, Inc.,2004 Page 1 of 1 0 • • OLD REPUBLIC GENERAL INSURANCE CORPORATION CHANGES ADDITIONAL INSURED PRIMARY WORDING SCHEDULE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Name of Additional Insured Person(s) Location(s)of Covered Operations Or Organization(s): As required by written contract. Information required to complete this Schedule, if not shown above,will be shown in the Declarations. The insurance provided by this endorsement is primary insurance and we will not seek contribution from any other insurance of a like kind available to the person or organization shown in the schedule above unless the other insurance is provided by a contractor other than the person or organization shown in the schedule above for the same operation and job location. If so,we will share with that other insurance by the method described in paragraph 4.c.of Section IV—Commercial General Liability Conditions. All other terms and conditions remain unchanged. Named Insured Palp, Inc. dba Excel Paving Company Policy Number A1CG50211108 Endorsement No. Policy Period 11/01/2011-11/01/2012 11/01/2011 Endorsement Effective Date: 11/01/2011 Producer's Name: Old Republic Construction Insurance Agency Inc. Producer Number: 11/01/2011 AUTHORIZED REPRESENTATIVE DATE CG EN GN 0029 09 06 • • POLICY NUMBER: A1CG50211108 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Where Required by Written Contract. Information required to complete this Schedule, if not shown above,will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 ©Insurance Services Office, Inc., 2008 Page 1 of 1 ❑ • • • OLD REPUBLIC GENERAL INSURANCE CORPORATION ADDITIONAL INSURED WHERE REQUIRED UNDER CONTRACT OR AGREEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: BUSINESS AUTO COVERAGE FORM The following is added to Section II —Liability Coverage,A. —Coverage, 1. Who Is An Insured: d. Any person or organization to whom you become obligated to include as an additional insured under this policy, as a result of any contract or agreement you enter into which required you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability arising out of your operations or premises owned by or rented to you. However, the insurance provided will not exceed the lessor of: 1. The coverage or limits of this policy, or 2. The coverage or limits required by said contract or agreement. • Named Insured Paip, Inc. dba Excel Paving Company Policy Number Al CA50211108 Endorsement No. Policy Period 11/01/2011-11/01/2012 to Endorsement Effective Date: 11/01/2011 Producer's Name: Old Republic Construction Insurance Agency Inc. Producer Number. 11/01/2011 AUTHORIZED REPRESENTATIVE DATE CA EN GN 0020 03 07 s � OLD REPUBLIC GENERAL INSURANCE CORPORATION AMENDMENT OF OTHER INSURANCE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: BUSINESS AUTO COVERAGE FORM Section IV—Business Auto Conditions, B.—General Conditions, 5.—Other Insurance, a. is replaced by the following: a. For any covered"auto"you own, this Coverage Form provides primary insurance. However, if there is other collectible insurance,the insurance provided by this Coverage Form with respect to such covered auto, is excess over such other collectible insurance. For any covered"auto"you don't own,the insurance provided by this Coverage Form is excess over any other collectible insurance. However, while a covered "auto"which is a"trailer"is connected to another vehicle,the Liability Coverage this Coverage Form provides for the"trailer'is: (1) Excess while it is connected to a motor vehicle you do not own; (2) Primary while it is connected to a covered"auto"you own. However, if there is other collectible insurance with respect to such "trailer,"the insurance provided by this Coverage Form is excess over such other collectible insurance. Named Insured Palp, Inc. dba Excel Paving Company Policy Number A1CA50211108 Endorsement No. Policy Period to Endorsement Effective Date: 11/01/2011 11/01/2011-11/01/2012 Producer's Name: Old Republic Construction Insurance Agency, Inc. Producer Number: 11/01/2011 AUTHORIZED REPRESENTATIVE DATE CA EN GN 0019 09 06 . • POLICY NUMBER: AlCA50211108 COMMERCIAL AUTO CA 04 44 03 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Palp, Inc. dba Excel Paving Company Endorsement Effective Date: 11/01/2011 SCHEDULE Name(s)Of Person(s) Or Organization(s): Where Required by Written Contract. Information required to complete this Schedule, if not shown above,will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Oth- ers To Us Condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "ac- cident" or the "loss" under a contract with that person or organization. CA 04 44 03 10 ©Insurance Services Office, Inc., 2009 Page 1 of 1 ❑ OLD REPUBLIC GENERAL INSURANCE CORPORATION WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule WHEN REQUIRED BY WRITTEN CONTRACT. The premium charge for this endorsement is $0.00 Named Insured Palp, Inc. dba Excel Paving Company Policy Number A1CW50211108 Endorsement No. Policy Period Endorsement Effective Date: 11/01/2011 11/01/2011-11/01/2012 Producer's Name: OLD REPUBLIC CONSTRUCTION INSURANCE AGENCY, INC. Producer Number: 11/01/2011 AUTHORIZED REPRESENTATIVE DATE WC 99 03 15(01107)