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HomeMy WebLinkAboutAGMT - Excel Paving Company (Storm Drain Improvements)RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO CITY OF SEAL BEACH Attn: City Clerk 211 - 8th Street Seal Beach, CA 90740 Re -orded in Official Records, Orange County ' �2 Torn Daly, Clerk- Recorder 11 1 1111 1 111 1 11 !$1111111111ifii1111111111 11111111111111111111111111 NO FEE 2009000679735 11:29 am 12/18/09 276 418 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 December 2, 2009 The work was Candleberry Avenue Storm Drain Improvements Project No. SD0901. 6. The name of the contractor, if any, for such improvement was: Palp Inc. DBA, Excel Paving Company. The date of the Contract Award was September 8, 2008_ 7. The property on which said work of improvement was completed in the City of Seal Beach, County of Orange, State of California, and is described as follows: Lampson Avenue at Candleberry Avenue, Candleberry Avenue between Lampson Avenue and Aster Street, and Date 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 lZ - /5 ' 2009, Seal B , California. (Date of Signature) Director of Public Works Signature of owner or corporate officer of owner named in paragraph 2 or agent. • 1 AN AGREEMENT FOR VARIOUS STORM DRAIN IMPROVEMENTS PROJECT CANDLEBERRY AVENUE SPECIFICATION NO. SD0901 between .- SEAL c ` RPOggr 9 #� .y R2 ,` c0ONTy City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 PALP INC. DBA EXCEL PAVING COMPANY 2930 LEMON AVE. LONG BEACH, CA 90806 f irand THIS AGREEMENT is made and entered into this ( day of between the City of Seal Beach, a California charter city ( "City "), and ( "Contractor "). S7296- 0200 \1067022v1.doc • RECITALS A. WHEREAS, City desires to improve various Storm Drains located at Candleberry Avenue, Seal Beach, California ( "Project "); and B. WHEREAS, Contractor has submitted a bid to City for the Project on August 20, 2008 ( "Exhibit A "), which exhibit contains, among other things, provisions defining the Project scope and the cost associated with such Project scope; and C. WHEREAS, City accepts Exhibit A and desires to contract with Contractor to complete the Project in accordance with Exhibit A; and D. WHEREAS, Contractor represents that it is experienced and skilled in the performance of the services required to undertake the work required under the Agreement, and is duly licensed to undertake the same; 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 ARTICLE I. For and in consideration of the payments and agreements hereinafter mentioned to be made and performed by said CITY, the CONTRACTOR agrees with said CITY to perform and complete in a good and workmanlike manner all the work pertaining thereto shown on the drawings and described in the Specifications and Contract Documents, therefore, to furnish at his own proper cost and expense all tools, equipment, labor and materials necessary therefore (except those materials expressly noted as to be furnished by the CITY), and to do everything required by this Agreement and the said Specifications, Drawings, and Contract Documents. ARTICLE II. For furnishing all said materials and labor, furnishing and removing all plant, temporary works or structures, tools and equipment and doing all the work contemplated and embraced in this Agreement, also for all loss and damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the work until its acceptance by said CITY, and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work; except such as in the said Specifications are expressly stipulated to be borne by the said CITY and faithfully completing the work and the whole thereof, in the manner shown and described in the said Drawings, Specifications, and Contract Documents and in accordance with the requirements of the Engineer, said CITY will pay and the CONTRACTOR shall receive in full compensation, therefore, the unit prices and the lump sum prices named in the Schedule of Work Items of the Proposal. ARTICLE III. The CITY hereby promises and agrees with 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, 2 57296- 0200 \1067022v1.doc 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. By my signature hereunder, as CONTRACTOR, I certify that I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workmen's compensation or to undertake self - insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. IN WITNESS WHEREOF: The Parties hereto have caused this contract to be executed the day and year first above written. CITY OF SEAL BEACH, CALIFORNIA Party of the First Part BY Oar City Manager ATTEST: vL )4W ity Clerk PALP INC. DBA EXCEL PAVING COMPANY BY CONTRACTOR - Party of the Second Part C.P. BROWN — PRESIDENT Title 2230 LEMON AVE- , LONG BF.AC.H, CA 90R06 Address • Approved as form: City ttorney 3 57296- 0200 \1067022v1.doc CIFO - RNIA ALL PURP 1 SE CERTIFICATE OF ACKNOWLEDGMENT State of California County of LOS ANGELES On —O O before me, CELESTE A. GRAHAM, NOTARY PUBLIC (Here insert name and title of the officer) personally appeared PALP INC. DBA EXCEL PAVING COMPANY BY C.P. BROWN PRESIDENT who proved to me on the basis of satisfactory evidence to be the P ry person(s) whose name(s) is/ate subscribed to the within instrument and acknowledged to me that he/hlitjr executed the same in his hisibUThiliii authorized capacity(ies), and that by his/lb`k/tli8kk 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. , �- ,,CELESTE A. GRAHAM WI SS my hand and official seal. (./ ri a COMM. #160 PUBLIC-CALIFORNIA �� A €6 �1 (Notary Seal) COMIq, p�u3611 ®®�~ j Signature of Notify Public • ADDITIONAL OPTIONAL INFORMATION I' INSTRUCTIONS FOR COMPLETING THIS FORM DESCRIPTION OF THE ATTACHED DOCUMENT 'fry' acknowledgment completed in California must contain verbiage exactly as 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 rndside 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) carefully for proper notarial wording and attach this form if required Number of Pages Document Date • State and County information must be the State and County where the document signe(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 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) hatshellhey-is/are)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 file with the office of j ❑ Attorney-in-Fact the COunty clerk. tr 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 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 �` /• " • • INDEMNIFICATION AND HOLD HARMLESS AGREEMENTAND WAIVER OF SUBROGATION AND CONTRIBUTION TITLE OF PROJECT OR WORK: Various Storm Drain Improvements Project — Candleberry Avenue Indemnitor(s)(list all names): C.P. BROWN — p' IDJ■1T 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 extent 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 Indemnitor 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: By: By: Its Its 1 • • STATEMENT ACKNOWLEDGING PENAL AND CIVIL PENALTIES CONCERNING THE CONTRACTORS' LICENSING LAWS [Business&Professions Code § 7028.15] [Public Contract Code §20103.5] I, the undersigned, certify that I am aware of the following provisions of California law and that I, or the entity on whose behalf this certification is given, hold a currently valid California contractor's license as set forth below (required at time of award): Business&Professions Code§7028.15: (a) It is a misdemeanor for any person to submit a bid to a public agency in order to engage in the business or act in the capacity of a contractor within this state without having a license therefore, except in any of the following cases: (1) The person is particularly exempted from this chapter. (2) The bid is submitted on a state project governed by Section 10164 of the Public Contract Code or on any local agency project governed by Section 20104 [now§20103.5] of the Public Contract Code. (b) If a person has been previously convicted of the offense described in this section, the court shall impose a fine of 20 percent of the price of the contract under which the unlicensed person performed contracting work, or four thousand five hundred dollars ($4,500), whichever is greater, or imprisonment in the county jail for not less than 10 days nor more than six months,or both. In the event the person performing the contracting work has agreed to furnish materials and labor on an hourly basis, "the price of the contract" for the purposes of this subdivision means the aggregate sum of the cost of materials and labor furnished and the cost of completing the work to be performed. (c) This section shall not apply to a joint venture license, as required by Section 7029.1. However, at the time of making a bid as a joint venture, each person submitting the bid shall be subject to this section with respect to his or her individual licensure. (d) This section shall not affect the right or ability of a licensed architect, land surveyor, or registered professional engineer to form joint ventures with licensed contractors to render services within the scope of their respective practices. (e) Unless one of the foregoing exceptions applies, a bid submitted to a public agency by a contractor who is not licensed in accordance with this chapter shall be considered non-responsive and shall be rejected by the public agency. Unless one of the foregoing exceptions applies, a local public agency shall, before awarding a contract or issuing a purchase order, verify that the contractor was properly licensed when the contractor submitted the bid. Notwithstanding any other provision of law, unless one of the foregoing exceptions applies, the registrar may issue a citation to any public officer or employee of a public entity who knowingly awards a contract or issues a purchase order to a contractor who is not licensed pursuant to this chapter. The amount of civil penalties, appeal, and finality of such citations shall be subject to Sections 7028.7 to 7028.13, inclusive. Any contract awarded to, or any purchase order issued to,a contractor who is not licensed pursuant to this chapter is void. (f) Any compliance or noncompliance with subdivision (e) of this section, as added by Chapter 863 of the Statutes of 1989, shall not invalidate any contract or bid awarded by a public agency during which time that subdivision was in effect. (g) A public employee or officer shall not be subject to a citation pursuant to this section if the public employee,officer,or employing agency made an inquiry to the board for the purposes of verifying the license status of any person or contractor and the board failed to respond to the inquiry within three business days. For purposes of this section, a telephone response by the board shall be deemed sufficient. 1 • • 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: 5/31/10 Date: AUGUST 27. 2008 • • 2 • S AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS [Labor Code§§ 1720, 1773.8, 1775, 1776, 1777.5, 1813, 1860, 1861,3700] The undersigned Contractor certifies that it is aware of and hereby agrees to fully comply with the Following provisions of California law: 1. Contractor acknowledges that this contract is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the awarding public agency("Agency")and agrees to be bound by all the provisions thereof as though set forth in full herein. 2. Contractor agrees to comply with the provisions of California Labor Code Section 1773.8 which requires the payment of travel and subsistence payments to each worker needed to execute the work to the extent required by law. 3. Contractor agrees to comply with the provisions of California Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall,as a penalty to the Agency,forfeit not more than fifty dollars($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the contract by Contractor or by any subcontractor. 4. Contractor agrees to comply with the provisions of California Labor Code Section 1776 which require Contractor and each subcontractor to (1) keep accurate payroll records, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the Agency of the location of the records.The Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors. 5. Contractor agrees to comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that Contractor is responsible for compliance with Section 1777.5 by itself and all of its subcontractors. 6. Contractor agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the Agency, forfeit twenty-five dollars ($25) for each worker employed in the execution of the contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2,Part 7,Chapter 1,Article 3 of the California Labor Code. 7. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861,Contractor hereby certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." Date AUGUST 27, 2008 Signature C.P. BROWN — PRESIDENT • S Bond No. 8215-29-33 13ond Premium $8,495.00 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 908116 (Name and address of Contractor) ("Principal"),a contract(the"Contract")for the work described as follows: Various Storm Drain Improvements Project—Candleber a Avenue.Specification No.SD0901 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 four hundred fifteen thousand eight hundred sixty nine and nd 1100 Dollars (S 1 ,415,869.00 ), 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 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 parry 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. • • • Dated; August 28, 2008 "Principal' "Surety" PALP Inc. dba Excel Paving Federal Insurance Company Y t"OWN ■ By: — .t� - : DENS` By: 41P' its b•uglas A. pp By; t . IG �� ^ y //Attorney in Fact �J/, v � Its MICHELE E.DRAKULICH Its . 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. • • • CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of LOS ANGELES On 0 —'q.a..-10 before me, CELESTE A. G: . . ,M NOT.RY PU:LTC (Here insert name and title of the officer) ' personally appeared PALP INC. DBA EXCEL PAVING CO. BY C.P. BROWN PRES IDEN AN) MICHELE E. DRAKULICH ASST. SECRETARY • who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that Hd.§Itb/they executed the same in his/her/their authorized capacity(ies), and that by OM/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. i7 j?*74i_N.CELEST "*'mss'''' E A. GRAHAM TNESS my hand and o t cial seal. ��1'.�` COMM. #1600308 4 t �� r, ' :-UBLIC-CALIFORNIA nit, LOS ANGELES COUNTY 1..•� J P , `', MY COMM. EXP.AK 11 2 ~ Signature'of Notary Public (Nom Seal) 009 ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM DESCRIPTION OF THE ATTACHED DOCUME NT Any acknowledgment completed in California must contain verbiage exactly as 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(ie.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 requi red Number of Pages Document Date • State and County information must be the State and County where the document I signers)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 commission followed by a comma and then your title(notary within his or her Y ( nary 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. 1 ❑ Individual(s) hefshelthey is/are)or circling the correct forms.Failure to correctly indicate this ❑ Corporate Officer information may lead to rejection of document recording. • 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 acknowled ❑ Partner(s) • Signature of the notary public must match the signature acknowledgment the form. the county gnature on file with the otPice of ❑ Attorney-in-Fact tar clerk. ❑ Attorney-in-Fact Trustee(s) v Additional information is not required but could help to ensure this 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 Y ,S. 2008 Version CAPA v12.10.07 800-873-9865 www.NotaryClasses.com ` , 1. CALIFORNIA ALL-PUIJSE 11 CERTIFICATE OF ACKNOWLEDGMENT 1 State of California � ! County of Orange : • Linda A. Kight, Notary Public On Aug. 28 2008 before me, � (Here insert name and title of the officer) ! iI personally appeared Douglas A. Rapp who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/aro subscribed to the within instrument and acknowledged to me that he/oho/they executed the same in hisfhen/their authorized . capacity(ies), and that by his/he 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 !I is true and correct. 1 -r• LINDA A. KIGHT ! , / .- • Commission t# 1712593 i WI " ESS my ha d and official seal. •' ,r, Notary Public -California y ^hr Orange County l 4 / / {� Cow, Jan212011 (Notary Seal) l I ! Sign'of Notary Public j l ; . ■ •I ; ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM 1 • Any acknowledgment completed in California must contain verbiage exactly as i 1 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 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 to I California (i.e. certifying the authorized capacity of the signer). Please check the i (Title or description of attached document continued) document carefully for proper notarial wording and attach this form r f required i j • State and County information must be the State and County where the document 1 Number of Pages Document Date I 1 S 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 names) 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. ❑ Individual(s) kw/she/they.is law)or circling the correct forms.Failure to correctly indicate this I: • information may lead to rejection of document recording. ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible i 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. ❑ 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. I ❑ Other + Indicate title or type of attached document,number of pages and date • 0 Indicate the capacity claimed by the signer. If the claimed capacity is a • corporate officer,indicate the title(i.e.CEO,CFO,Secretary) 1! • Securely attach this document to the signed document _�I 2008 Version CAPA vI2 10.07 800-873-9865 www.NotaryClasses.com • Chubb PO1 Federal Insurance Comp. 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 or 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 and undertakings 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. 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 22nd day of January, 2004 /Zif."11t„,,S-‘, Kenneth C.Wendel,Assistant Secretary ran E.Robertson, •= Fire• .ent STATE OF NEW JERSEY ss. County of Somerset On this 2 2 ncbay of January, 2 0 0 4 ,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.Wendel being by me duly sworn,did depose and say that he 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 he signed said Power of Attorney as Assistant Secretary of said Companies by like authority;and that he is acquainted with Frank E.Robertson,and knows tiro 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. Notarial Seal Karen A. Price • PR,c' , Notary Public State of New Jersey rout (o No 2231647 Notary Public P&— .cfjj .:` : ...CERTIFICATION Extract' of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY: po ."-'M 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,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, (a) 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 28th day of August 2008 46 L:RAN �Mti�Mm`o `aytAlt&Cc !y PD fit. oVOly`F., ,‘ 1i 0'.•• DIM kscotO bFW Y0 01f Lq � Kenneth C.Wendel,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 1510.0225(Ed.4-99)CONSENT • • Bond No. 8215-29-33 Included Bond Premium 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 Bea CA -0806 (Name and address of Contractor) ("Principal"), a contract(the"Contract")for the work described as follows: Various Sto Drain Improvements Project— andleberry Av ue Specification No SD0901 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 A envy in the penal sum of One million four hundred fifteen thousand eight hun ed sixty nine and no/ iu0 Dollars(S 1 ,415,869.00 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 I 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 counterparrs 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: August 28, 2008 "Principal" "Surety" PALP Inc. dba Excel Paving Federal Insurance Company Company . BROWN By: PRA By: 0 Its � Its D las A. Ra Attorney in Fact By: p Y Its MICHELE E.DRAM LICH Its SST 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. • • CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of LOS ANGELES On -62-5-` Cg before me, CF E A. RA NO •RY PU'L C (Here insert name and title of the officer) personally appeared PALP INC. DBA EXCEL PAVING CO. BY C.P. BROWN PRESI1Ek AND MICHELE E. DRAKULICH ASST. SECRETARY who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that 1i /they executed the same in his/her/their authorized capacity(ies), and that by /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. >>> 0i_CELESTE A. GRAHAM WITNESS my hand and official cal. ± - f�;.;:: • `�/� � COMM. #1600308r, Y ! CAUFORNIA�r,� GE6E Signature of No Public (Nom Seal) r`• far COMM: VI AtU§ 11�NW@ ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM DESCRIPTION OF THE ATTACHED DOCUMENT Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgmen form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of Cal(fornia.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.cemfying the authorized capacity of the signer). Please check.the (Tide or description of attached document continued) document carefully for proper notarial wording and attach this form if 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 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 name(s)of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular hersheJ ��or plural forms by crossing off incorrect forms(i.e. ❑ Individual(s) they-is/are)or circling the correct forms.Failure to correctly indicate this ❑ Corporate Officer information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. (Title) Impression must not cover text or lines.If seal impression smudges,re-seal if a 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 I ❑ Attorney-in-Fact county ❑ Attorney-in-Fact < Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. ❑ Other •'r Indicate tide or type of attached document,number of pages and date. f 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.NotaryClesses.com--- --' --_ _-- — --- _ il ALIFORNIA ALL-PU1lO SE I. CERTIFICATE OF ACKNOWLEDGMENT 'II ; State of California II . County of Orange i. I. ' ii On Aug. 28 2008 before me, Linda A. Kight, Notary Public ., H (Here insert name and title of the officer) 'i I: i' ! personally appeared Douglas A. Rapp i. who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/afe subscribed to i' the within instrument and acknowledged to me that he/sheMey executed the same in him authorized . capacity(ies), and that by his/hefititeir signature(s)on the instrument the person(s), or the entity upon behalf of 1 which the person(s) acted, executed the instrument. I I! Ii I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph ! is true and correct. _ I! . LINDA A. KIGHT i 1 �' Commission # 1712533 �• WI /i S my hand and official seal" _ -- . Notary Public -California 1 _ ' ,,ii: 7 Orange County ` / / omm. X21,2011 li ' (Notary Seal) •, ! Signature of Public it i l i' • • • ADDITIONAL OPTIONAL INFORMATION i! INSTRUCTIONS FOR COMPLETING THIS FORM 1 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 i . properly completed and attached to that document. The only exception is if a i document is to be recorded outside of California. In such instances,any alternative i i 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 to I I California (i.e. certifying the authorized capacity of the signer). Please check the 11 (Title or description of attached document continued) document carefully for proper notarial wording and attach this form if required ii • 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 I. must also be the same date the acknowledgment is completed. 1, (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) ' 1 • Print the name(s) of document signer(s) who personally appear at the time 01 notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect fortes(i e. 1 ❑ Individual(s) 1t✓she/they`r is/are)or circling the correct forms.Failure to correctly indicate this li information may lead to rejection of document recording. ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible 1; 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 I the county clerk. ❑ 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 O Indicate title or type of attached document,number of pages and date 0 Indicate the capacity claimed by the signer. If the claimed capacity is a 11 • corporate officer,indicate the title(i.e.CEO,CFO,Secretary). i • Securely attach this document to the signed document '1 I ` ' — — .� --dl 2008 Version CA PA v12.10.07 800-873-9865 www.NoraryClasses.com Chubb PO40R Federal Insurance Comp. 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 or 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 and undertakings 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. 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 2 2nd day of January, 2004 /�/ty ,/iie1 .. ' -.41 ____ Kenneth C.Wendel,Assistant Secretary ran E.Robertson, •= Ire- •-nt STATE OF NEW JERSEY County of Somerset On this 2 2 ndiay of January, 2 0 0 4 ,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.Wendel being by me duly sworn,did depose and say that he 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 he signed said Power of Attorney as Assistant Secretary of said Companies by Ike authority;and that he 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. Notarial Seal Karen A. Price • F PR/0 Notary Public State of New Jersey rai CA _CC .(GG ''�.•C� � F No. ���I 7 Notary Public k 15 k.)°' .� . '..1".".:! '", .CERTIFICATION Extract', s +ri= ., .'•,- of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY: 'Al po 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,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, (r,) 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 28th day of August 2008 �sO cF 4pt$Nilr co .f�S/U" F _ p r=• , ; s+ —*— 1 ;�s= �` 1� , is .4VDIAN� �S(ONr� NFW fa� -e¢�'nic �`� . � — Kenneth C.Wendel,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 15-10-0225(Ed.4-99)CONSENT From:Jennifer Brumm At:The Wooditch Comp•FaxlD: To:David Spitz • Date:9/1012009 01:25 PM Page:2 of 5 ti.',Fo.:5;10. CERTIFICATE OF LIABILITY IN!;URANCE DATE(BIMIDDIYYYY) OP ID JR EXCELPl 09/10/09 PRODUCER THIS CER-IFICATE IS ISSUED AS A MATTER OF INFORMATION The Wooditch Company Insurance ONLY AN[ CONFERS NO RIGHTS UPON THE CERTIFICATE Services, Inc. HOLDER' HIS CERTIFICATE DOES NOT AMEND,EXTEND OR 1 Park Plaza, Suite 400 ALTER TH :COVERAGE AFFORDED BY THE POLICIES BELOW. Irvine CA 92614 Phone: 949-553-9800 Fax:949-553-0670 INSURERS)FFORDING COVERAGE NAIC# INSURED INSURER A: old Itspuolic General Ins. Corp 24139 _ INSURER B. Pale Inc. , dba: INSURER C: Excel Paving Company 2230 Beach ACA 90806 INSURER D: 1 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE PI LICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WRH RESPECT TO WHIC I THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TER IS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. a.-Wuu.0 !MU Y y FECTIVE POLICY EXPIRATION LIMITS LTR INSRD TYPE OF INSURANCE POLICY NUMBER I DATE(MMIDDIYYYY, DATE(MMIDDIYYYY)I GENERAL UABILITY `EACH OCCURRENCE $1,000,000 u/ww�iurcEroltu g 100 000 A X X COMMERCIAL GENERAL LIABIU Y A1CG50210805 11/01/08 11/01/09 PRF-MISES(Eaocwrerxe) r I CLAIMS MADE I X I OCCUR MED EXP(Any one person) $5,000 !PERSONAL a ADV INJURY $1,000,000 I I I GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $2,000,000 —I POLICY IiC I JPERC n LOG ALTOMOBLE LIABILITY I COMBINED SINGLE LIMIT Si,000,000 »C 02�/� 05 I 11/01/081 X11 /01 /09 EEaaaider° A X ANY AUTO I i11�VL1V�VJ it/Vi/V7 ALL OWNED AUTOS BODILY INJURY $ — SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) 1 PROPERTY DAMAGE $ (Per accident) GARAGE LIABIUTY AUTO ONLY-EA ACCIDENT S ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG S EXCESS I UMBRELLA LIABILITY EACH OCCURRENCE $ I I OCCUR I I CLAIMS MADE AGGREGATE $ I - DEDUCTIBLE RETENTION S I I I I$ $ WC AIU- OTH- AND EMMPL COMPENSATION YER2'LIA LIABILITY X TORY LIMITS I ER AND EMPLOYERS'LIABILITY A ANY PEOPRITORIPARTNER/EXECUT.^'l A1CW50210805 11/01/08 I 11/01/09 E.L EACH ACCIDENT 51,000,000 I OFFICERIMEMBFR EXCLUDED? L-1 I I E.L DISEASE-EA EM[LOYEEI 1,000,000 (w.i. .In ups F descrbe under f E.L DISEASE-POLICY LIMIT 13 1,000,000 SPECIAL PROVISIONS telow OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT!SPECIAL PR( VISIONS *Except 10 Days Notice of Cancellation for Non-Payment c Premium. RE: Excel Job #4623; Candleberry. City of Seal Beach is named as Additional Insured as re:pects General Liability per attached endorsement. glai CERTIFICATE HOLDER CANCELLA1 ON I SHOULD ANY I F THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE TLERE0 THE ISSUING INSURER to L ENDEAVOR TO MAIL 30 DAYS WRITTEN ,.1'J.'Z SJt4LY NOTICE TO TH CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO MALL IMPOSE NO OE JGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTA' VES. City of Seal Beach A „,• 'RESENTATIVE 211 8th Street /► ,Sea] Beach CAn 90740 . pp J '�+ 9 I ACORD 25(2009/01) VV !A LM CORPORATION. All rights reserved. The ACORD name and logo are registered marl ;of ACORD From:Jennifer Brumm At.The Wooditch CompsFaxID: To:David Spitz • Date:9/102009 01:25 PM Page.3 of 5 IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the pc Iicy(ies) must be endorsed.A statement on this certificate does not confer rights to the certificate hol ler in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and co editions of the policy,certain policies may require an endorsement.A statement on this certificate doe .not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract 1 etween the issuing insurer(s), authorized representative or producer,and the certificate holder, nor do es it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed t ereon. ACORD 25(2009101) ' From:Jennifer Brumm At The 1Nooditch CompliFaxlD• To:David Spitz Date:9/10/2009 01:25 PM Page of • POLICY NUMBER:A1CG50210805 COMMERCIAL GENERAL LIABILITY CG20370704 THIS ENDORSEMENT CHANGES THE POLICY.PL EASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNEF S, LESSEES OR CONTRACTORS - COMPLETE[ OPERATIONS This endorsement modifies insurance provided under the fol owing: COMMERCIAL GENERAL UABIUTY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Locatiot And Description Of Completed Operations 1'Where required by written contract, but my when coverage for completed perations is specifically required by that ontract." RE:Excel lob#4623;Candleberry. City of Seal Beach Information required to complete this Schedule,if not shown above,will be shown in the I edarations. Section I I -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". CO 20 37 07 04 ©ISO Properties, Inc., 2 304 Page 1 of 1 From:Jennifer Brumm At The Wooditch Corns FaxID: To:David Spitz Date:9/102009 01:25 PM Page:5 of 5 POLICY NUMBER: AlCG50210805 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLE ASE READ IT CAREFULLY. ADDITIONAL INSURED - OWN=RS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATIO V This endorsement modifies insurance provided under the fol awing; COMMERCIAL GENERAL LIABILITY COVERAGE PAR' SCHEDULE Name Of Additional Insured Person(s) Location(s)Of Covered Operations Or Organization(s): Where required by written contract. City of Seal Beach RE: Excel Job#4623; Candleberry. 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 Nith respect to the insurance afforded to include as an additional insured the person(s)or hese additional insureds,the following organization(s)shown in the Schedule, but only additional exclusions apply: with respect to liability for"bodily injury", "property damage"or"personal and advertising injury" rills insurance does not apply to"bodily caused, in whole or in part, by: njury"or"property damage"occurring after. 1. Your acts or omissions; or I. All work, including materials, parts or quipment furnished in connection with such 2. The acts or omissions of those acting on your vork, on the project(other than service, behalf; maintenance or repairs)to be performed by or )n behalf of the additional insured(s)at the in the performance of your ongoing operations for ocation of the covered operations has been the additional insured(s)at the location(s) ;ompleted;or designated above. '. That portion of"your work"out of which the njury or damage arises has been put to its in- ended use by any person or organization )they than another contractor or subcontractor engaged in performing operations for a )rincipal as a part of the same project. CG 20 10 07 04 © ISO Properties Inc., 2004 Page 1 of 1 • • WORKERS COMPENSATION CERTIFICATE OF INSURANCE WHEREAS,the CITY OF SEAL BEACH has required certain insurance to be provided by Palp, Inc., dba: Excel Paving Company NOW THEREFORE,the undersigned insurance company does hereby certify that it has issued the policy or policies described below to the following named insureds and that the same are in force at this time. 1. This certificate is issued to: CITY OF SEAL REACH, City Hall,211 EIGHTH STREET, SEAL BEACH,CA 90740-6379. 2. The insureds under such policy or policies are: Pali), Inc., dba:Excel Paving Company 3. Worker's Compensation Policy or policies in a form approved by the Insurance Commissioner of California covering all operations of the named insureds,as follows: POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE Al CW50210704 11/01/07 11/01/08 4. Said policy or policies shall not be canceled, voided or reduced in coverage or limits of liability, unless and until thirty days' advance written notice thereof has been served upon the City Clerk of the CITY OF SEAL BEACH. By: Its Authorized Representative • • ADDITIONAL INSURED ENDORSEMENT COMPREHENSIVE GENERAL LIABILITY Palp, Inc.,dba: Excel Paving Company, 2230 Lemon Ave, Long Beach, CA 90806 Name and address of named insured("Named Insured"): Old Republic General Ins. Corp, 225 S. Lake Ave#900, Pasadena, CA 91101 Name and address of Insurance Company("Company"): OFFICIAL TITLE OF PROJECT: Various Storm Drain Improvements Project—Candleberry Avenue, Specification No.SD0901 Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the"Policy")or in any endorsement now or hereafter attached thereto,it is agreed as follows: 1. The City of Seal Beach, its elected officials, officers, attorneys, agents,employees,and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the "Additional Insureds") under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of Iiability as provided under the policy. 5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s)or permit(s) designated above, between the Named Insured and the Additional Insureds. 6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency, by certified mail., return receipt requested, not less than thirty (30) days prior to the effective date thereof. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against hi relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent,or subsequent active or passive negligence by the Additional Insureds. 8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction,interpretation,and enforcement of this contract of insurance. • • 9. This endorsement and all notices given hereunder shall be sent to Public Agency at: City Engineer City of Seal Beach 211 8th Street,2nd Floor Seal Beach CA 90740 10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive,alter or extend any of the limits, agreements. or exclusions of the policy to which this $2,000,000 Agg endorsement is attached. $1,000,000 Eac.Occu TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF $2.000,000 Products- THIS ENDORSEMENT ATTACHES FROM/TO 11/01/07- 11/01/08 LIABILIT'1 oo0 000 Perso al&Adv mjui General Liabiltity $1000,000 Rented Premises 11. Scheduled items or locations are to be identified on an attached sheet The following inclusions$5,000 Med Exp relate to the above coverages. Includes: XI Contractual Liability Xi Explosion Hazard 0 Owners/Landlords/Tenants 6 Collapse Hazard Manufacturers/Contractors XI Underground Property Damage k3 Products/Completed Operations ❑ Pollution Liability g i Broad Form Property Damage 0 Liquor Liability C Extended Bodily Injury o C Broad Form Comprehensive 0 General Liability Endorsement 12. A XI deductible or 0 self-insured retention (check one) of $ 25,000 Each Occurence BI/PD applies to all coverage(s)except:Auto Liability and Workers'Compensatrion (if none,so state). The deductible is applicable 0 per claim or 0 per occurrence(check one). 13. This is an 01 occurrence or G claims made policy(check one). 14. This endorsement is effective on 08/27/08 at 12:0 I A.M.and forms a part of policy Number Al CG50210704 (print name),hereby declare under penalty of perjury under the laws of the State of California,that I have the authority to bind the Company to this endorsement and that by my execution hereof,I do so bind the Company. Executed August 27 ,20 08 Signature of Authorized Representative (Original signature only; no facsimile signature or initialed signature accepted) Phone No.: ( 949 ) 553-9800 • • ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY Palp, Inc., dba: Excel Paving Company, 2230 Lemon Ave, Long Beach, CA 90806 Name and address of named insured("Named Insured"): Old Re•ublic General Ins. Cori,225 S. Lake Ave#900, Pasadena, CA 91101 Name and address of Insurance Company("Company"): OFFFICAL TITLE OF PROJECT: Various Storm Drain Improvements Project — Candleberry Avenue,Specification No.SD0901 Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the"Policy")or in any endorsement now or hereafter attached thereto,it is agreed as follows: The City of Seal Beach,its elected officials,officers,attorneys,agents,employees,and volunteers are additional insureds(the above named additional insureds are hereafter referred to as the"Additional Insureds")under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 1. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 2. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability. • 3. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy. 4. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or bold harmless provision(s) contained or executed in conjunction with the written agreement(s) or permit(s) designated above,between the Named Insured and the Additional Insureds. 5. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective data thereto. In the event of Company's failure to comply with this notice provision,the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 6. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent,or subsequent active or passive negligence by the Additional Insureds. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction,interpretation,and enforcement of this contract of insurance. This endorsement and all notices given hereunder shall be sent to Public Agency at: City Engineer City of Seal Beach 211 8th Street,2°d Floor Seal Beach CA 90740 • • 7. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY Auto Liability 11/01/7-11/01/08 $1,000,000 Combined Single Limit Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes; $1 Any Automobiles ❑ Truckers Coverage ❑ All Owned Automobiles ❑ Motor Carrier Act BI Non-owned Automobiles 0 Bus Regulatory Reform Act lS1 Hired Automobiles ❑ Public Livery Coverage o Scheduled Automobiles 0 Garage Coverage ❑ 11. A ❑ deductible or 0 self-insured retention (check one) of$ 0 applies to all coverage(s)except: (if none,so state). The deductible is applicable❑ per claim or C per occurrence(check one). 12. This is an xl occurrence or❑claims made policy(check one). 13. This endorsement is effective on 8/27/08 at 12.01 A.M. and forms a part of Policy Number Al CA50210704 - L (print name), hereby declare under penalty of perjury under the laws of the State of California,that I have the authority to bind the Company to this endorsement and that by my execution hereof,I do so bind the Company. Executed ,20 08 Signature of Authorized Representati - (Original signature only; no facsimile signature or initialed signature accepted) Phone No.: ( 949 )553-9800