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HomeMy WebLinkAboutAGMT - Hondo Company, Inc. (Bluebell Park Improvements, Proj. #50206) . . . 1cw Recorded in Official Records, Orange County Tom Daly, Clerk-Recorder RECORDING REQUESTED BY IIIIIIIIIIIII111111111111III111II1 II 1111111 1111111 11111 1111111111111 NO FEE too200N000738951 10:51am 12/18/07 AND WHEN RECORDED MAIL TO 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 CITY OF SEAL BEACH Attn: City Clerk 211 - 8th Street Seal Beach, CA 90740 • - Space of above this line for Recorder's use. *** No Recording Fee Pursuant to Government Code Section 6103,27383 **** NOTICE OF COMPLETION Notice pursuant to Civil Code Section 3093. must be filed within 10 days after completion. • Notice is hereby given that: 1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described: 2. The full name of the owner is: City of.Seal Beach _ —_ l P 3. The address of the owner is: City of Seal Beach,211 8"'Street, Seal Beach,CA 90740 4. The nature of the interest or estate of the owner is; In fee. The City of Seal Beach. 5. A work of improvement on the property hereinafter is described as substantially completed on October 23,2007.The work was: Bluebell Park Improvements,Project 50206. 6. The name of the contractor, for such improvement was: Hondo Company, Inc. The date of the Contract Award was: July 23, 2007. 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: Bluebell Park. Date: /l/t l(17 Signa uY re 6f owner or corporate officer of owner named in paragraph 2 or his 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 /2 ./i.07 ,2007,at Seal Beach _ (Date of Signature) / • - DirectorofPublic Works PUBLIC WORKS CONTRACT For the following project named Bluebell Park Improvements, Project No. 50206, in the City of Seal Beach. THIS AGREEMENT, made and entered into this 23 day of July 20 07, by and between the City of Seal Beach, California, hereinafter referred to as the "CITY," Party of the First Part, and Hondo Company Inc. hereinafter designated as the "CONTRACTOR," Party of the Second Part. WITNESSETH: That the Parties do hereto mutually agree as follows: ARTICLE I. For and in consideration of the payments and agreements hereinafter mentioned to be made and performed by said CITY, the CONTRACTOR agrees with said CITY to 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 II1. The CITY hereby promises and agrees with said CONTRACTOR to employ and does hereby employ said CONTRACTOR to provide the materials and to do the work according to the terms and conditions herein contained and referred to for the price aforesaid, and hereby contracts to pay the same, at the time, in the manner and upon the conditions set forth in the Specifications and Contract Documents, and the said parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained. ARTICLE IV. The advertisement for Bids, the Proposal, the Specifications, and the Drawings mentioned therein, and all addenda issued by the CITY with respect to the foregoing prior to the opening of bids, are hereby incorporated in and made a part of this Agreement. ARTICLE V. The statement of prevailing wages appearing in the General Prevailing Wage Rates is hereby specifically referred to and by this reference is made a part of this contract. It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the bid of proposal of said CONTRACTOR, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith. ARTICLE VI. By my signature hereunder, as CONTRACTOR, l certify that I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workmen's compensation or to undertake self - insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. 3 • 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 "� City Manager A, ST: Al. A. Hondo Com - ; , � . y Inc. Ci Clerk BY /Ai CONTRACTOR - P . I of tip. Second Part Robert loyd, Secretary Treasurer Title 2121 S. Lyon Street Santa Ana, CA 92705 Address • • 4 • HONDCOM -01 YACA ACORD CERTIFICATE OF LIABILITY INSURANCE DATE Y (MMDDIV ) PRODUCER (888) 825 -4322 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Bowermaster & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P.O. Box 6026 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 10805 Holder Street - Suite 350 Cypress, CA 90630 INSURERS AFFORDING COVERAGE NAIC # INSURED Hondo Company, Inc. INSURER A: Landmark American Insurance Co. 2121 South Lyon Street INSURER B: Golden Eagle Insurance Corporation Santa Ana, CA 92705- INSURER C: RSUI Indemnity Company INSURER D. INSURER E: COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD'L POLICY NUMBER I POLICY EFFECTIVE POLICY EXP IRATIO N LIMITS LTR INSRE TYPE OF INSURANCE DATE IMMIDD/YYl DATE IMM /DD/YY) GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X X COMMERCIAL GENERAL LIABILITY LHA131680 6/1/2007 6/1/2008 DAMAGE TO RENTED 50 000 PREMISES (Ea occurence) $ + CLAIMS MADE X OCCUR MED EXP (Any one person) $ 5,000 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 TO PRO - JEI:T LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 B X X ANY AUTO BA8286843 6/1/2007 6/1/2008 (Ea accident) ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGG $ EXCESS /UMBRELLA LIABILITY EACH OCCURRENCE $ 2,000,000 C X OCCUR CLAIMS MADE NHA219058 6/1/2007 6/1/2008 AGGREGATE $ 2,000,000 DEDUCTIBLE $ RETENTION $ $ WC STATU- OTH- WORKERS COMPENSATION AND TORY LIMITS ER EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E L EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? E L DISEASE - EA EMPLOYEE $ If yes, describe under SPECIAL PROVISIONS below E L DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS * 10 day notice of cancellation due to non payment of premium Re: Bluebell Park Improvements The City of Seal Beach, its officers, agents and employees are named as Additional Insureds as respects to General Liability and Auto Liability per attached forms. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Seal Beach DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN Attn: Director of Public Works NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, XXXXX1XX XXXEXILL 211 8th Street Seal Beach, CA 90740- XfXri l XXDOCIXX)IXXXDbldXXXXXXX D6Xll )a!i XXXX X€XIlal 11`XX €X AUTHORIZED REPRESENTATIVE ACORD 25 (2001/08) © ACORD CORPORATION 1988 9 • . CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ;;, s,,,- State of California .•, County of Orange .1 `r On July 19, 2007 before me, Eileen Sandoval, Notary Public { '1` GATE NAME.TITLE OF OFFICER-E G.-JANE OOE.NOTARY PUBLIC" T II V '01 personally appeared Robert Lloyd SiNAME'S%OF SIGNEERIS! 1 personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence It to be the person(s) whose name(s) is/are il s subscribed to the within instrument and ac- knowledged to me that he/she/they executed . the same in his/her/their authorized ( capacity(ies), and that by his/her/their • I • 31 ,;.., ,, EILEEN SANDOVAL I` signature(s) on the instrument the person(s), - u o ,-;.. _, COMM.# 1466990 3 NOTARY PUBLIC CALIFORNIA O or the entity •upon behalf of which the IJ ORANGE COUNTY Rs 1` 'I Mycomm.expiresFeb27,2008I� person(s) acted, executed the instrument. . ti WITNESS my hand and official seal. . ' 6Ceet..7,—;–.4/0-712--Ord SIGNATURE OF NOTARY 1 0• OPTIONAL I lQ 1 Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent ; 1 fraudulent reattachment of this form. 1 CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT 4 ❑ INDIVIDUAL 0 ❑ CORPORATE OFFICER • v TITLE OR TYPE OF DOCUMENT TITLE(5I • ❑ PARTNER(S) .❑ LIMITED II ❑ GENERAL a I C ATTORNEY-IN-FACT NUMBER OF PAGES Ij ❑ TRUSTEE(S) - '( ❑ GUARDIAN/CONSERVATOR ❑ OTHER: ': - DATE OF DOCUMENT +; . ) )i • SIGNER IS REPRESENTING: ' NAME OF PERSON(S)OR ENTITY(ES) • I 1 SIGNER(S)OTHER THAN NAMED ABOVE ) • • Executed in Three Counterparts Bend No. 6467524 Bond Premium$2,440.00 PERFORMANCE BOND Premium is Subject Contract Term and is Subject to Adjustment Based on Final Contract Price KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Seal Beach,has awarded Hondo Company, Inc. 2121 South Lyon Street Santa Ana,CA 92705 (Name and address of Contractor) ("Principal'),a contract(the"Contract") described as follows: Bluebell Park Improvements - Project No. 50206 WHEREAS, Principal is required under the terms of the Contract to finish a bond for the faithful performance of the Contract.RE NOW,TI R e 1 0,we,the undersigned Principal,and First National Insurance Company of America Alico Vi io. CA 92656 (Name and address of Surety) ("Surety")a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Public Agency in the penal sum of One H6ngred Sixty Nine Thousand Four Hundred Thirty One and 50/100 Dollars ($ 169,431.50 J, 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 present. TIM CONDITION OF THIS OBLIGATION IS SUCH THAT,if the hereby bounded Principal,his,her or well its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and Contract and any keep lb perform all the undertakings, terms, covenants, conditions and agreements in the Contract a all any within It ionne thereof made as therein provided, on the Principal's part to be kept and and in the manner therein specified, and in all respect according to their true intent and meaning, and shall indemnify and hold hornless 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. Ftrlt1R,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 theretnder, or the specifications for the same,shall at any way affect its obligations under this bond,and it does hereby waive notice of any such change, extension of time; alteration,addition,or modification to the terms of the Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code §§ 2845 and 2849. The City is the principal beneficiary of this bond and has all rights of a party hereto.IN WITNESS WHEREOF two(2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s)pursuant to authority of its governing body. • 5 • • Dated; July 13, 2007 "Principal: n Hondo Com+.n A' C. First ational Insurance Company of America By: IIn' 7/�kr Its ' . By: ,/o�i {�+�'� r oy 1 jailer F ec/T easurer Attorney-in-fact By: By: Its Its 1'(Seal) (Seal) Note: This bond must be dated, all signatures must be notarized, and _ evidence of the authority of any person signing as attorney-in-fact must be attached. 6 • • • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No S3.:7 1i 1 State of California , y County of Orange 4 i On July 19, 2007 before me, Eileen Sandoval, Notary Public 0M DATE NA,.IE.TITLE OF OFFICER-E G.-JA.\EDGE•OTAnY PU3uC' I) 'S personally appeared Robert Lloyd `' �� Ni.IEIGI OF SIGNEflIEI ; jfl personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence q to be the person(s) whose name(s) is/are k S subscribed to the within instrument and ac- knowledged to me that he/she/they executed , the same in his/her/their authorized j ,, capacity(ies), and that by his/her/their , 1 r''<y, ,.,, EILEEN SANDOVAL I signature(s) on the instrument the person(s), v 't°- -J=i COMM.# 1466990 � �'� ,.re NOTARYO t or the entity upon behalf of which the , 3 .-,�� UBLIC CALIFORNIA ! ORANGE COUNTV ° person(s) acted, executed the instrument. 1 My comm.expires Feb 27,2008 WITNESS my hand and official seal. R C4:eef -ice k F NOTARY OPTIONAL SIGMA flE O kil ki Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent 1 fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL 9 tll ❑ CORPORATE OFFICER v TITLE OR TYPE OF DOCUMENT ) TIRE(S) a ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL } f ❑ ATTORNEY-IN-FACT NUMBER OF PAGES , I ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSONS)OR ENTITYIIESI , Y 1 SIGNER(S)OTHER THAN NAMED ABOVE ) Y. .. • • S7ATE of California S.S. COUNTY OE Orange on 07/13/07 hefor)s me. R. Haas-Bates, Notary Public PERSONALL}'APPEARED William Syrkin pe rsonallr known to me auximaexdc2anrdozuxOhicfiregararti crx'.x xx'kh¢mc)to be the persortdo) whose name( is/Ni¢subscribed to the within instrument and acknowledged to me that he/s$Wifxxesecuted the.came in hi.s/ligss}ocauthorized capca'in'(&p).and that by hie/*,z*bc*r si,gnanrre(. on the instrument the pet:on4l, or the entity upon behalf , „ ,. P of which the person(5 acted. eiecwed the instnunent. 1 s�p_`'ie� R. HAAS-BATES z COMM.#1473993 (7! .�gq NOTARY PUBLIC-CALIFORNIA WITNESS m hand and official seal. t l- mar- ORANGE COUNTY 0 , = COMM.EXP.MARCH 2,2008-1 ..r,:. . Si,gnantie This area fin Official Notarial Seal OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER _ TITLE OF TYPE OF DOCUMENT TITLES) ❑ PARTNER(S) ❑ LIMITED LI GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PEHSONIS)OR ENTITYSES) --"-"—---- SIGNER(S) OTHER THAN NAMED ABOVE ID_1232(REV.5t)1) ALL-PURPOSE ACKNOWLEDGEMENT • • • � POWER First National Insurance Company of America ? Safeco Plaza �+ .. CO OF ATTORNEY Seattle.WA 98185 No. 12861 KNOW ALL BY THESE PRESENTS: That FIRST NATIONAL INSURANCE COMPANY OF AMERICA,a Washington corporation,does hereby appoint *******"*"*******SERGIO BECHARA;CLOE BIERMAN;REBECCA HAAS-BATES;WILLIAM SYRKIN;JOAN M.WYNN; LEONARD ZIMINSKI;Irvine,California***************************************"*************"******************* its true and lawful attomey(s)-in-fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF,FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents /this 23rd day of October , 2006 4'ipllatui'�JWa^+% '�'•14--- /n12,1,Y .v-�A.t 2J T�Yi-c - STEPHANIE DALEY-WATSON,SECRETARY TIM MIKOLAJEWSKI,SENIOR VICE-PRESIDENT,SURETY CERTIFICATE Extract from the By-Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: 'Article V, Section 13. • FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business...On any instrument making or evidencing such appointment,the signatures may be affixed by facsimile.On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided,however,that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28,1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V,Section 13 of the By-Laws,and (ii) A copy of the power-of-attorney appointment,executed pursuant thereto,and (iii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimile thereof." I,Stephanie Daley-Watson ,Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA,do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct,and that both the By-Laws,the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of said corporation this 13th day of July , 2007 . stow ry��wt0��y.2 Attp-Aratu,° SEAL S 1,;D?Is2B jS S 0.103.Sf STEPHANIE DA LE)Y-WA Tj S ON,fSECRETARY n- 5-1049/OF 4/05 • • - Sarasota and the Safeco logo are registered trademarks of Safeco Corporation. WEB PDF • • • Executed in Three Counterparts Bend No. 6467524 Bond premium$2,440.00 PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that WHEREAS the City of Seal Beach,has awarded to Hondo Company, Inc. 2121 South Lyon Street Santa Ana, CA 92705 • (Name and address of Contractor) ("Principal"),a contract(the"Contract")for the work described as follows;Bluebell Park Improvements- Project No. 50206 WHEREAS,Principal is required under the terms of the Contract and the California Civil Code to secure the payment of claims of laborers,mechanics,meterialmen,and other persons as provided by law. NOW,THEREFORE we,the undersigned Principal,and First National Insurance Company of America 120 Vantis, Ste. 13d Aliso Viejo, CA 92656 (Name and address of Surety) (`Surety")a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Public Agency in the penal sum of One Hundred Sixty Nine Thousand Four Hundred Thirty One and 501100 Dollars(S 169,431.50 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,fussily 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 amotmts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to work or labor performed under the Contract, the Surety will pay for the same in an amount not exceeding the penal sum specified in this bond;otherwise,this obligation shall become null and void. This bond shall insure to the benefit of any of the persons named in Section 3181 of the California Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon the bond. In case suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys' fees in an amount fixed by the court. FURTHER,the Surety,for value received,hereby stipulates and agrees that no change, extension of time, alteration,addition or modification to the terms of the Contract, or of the work to be performed thereunder, or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration, addition,or modification to the terms of the 7 S 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 fhr all purposes be deemed an original hereo 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 representatives)pursuant to authority of ha governing body. Dated: July 13,2007 "Principal" "Surety' Hondo Coma' nc, First National Insurance Company of America r , By. ' I� Kobert Llyoy By. � ��// f . Syr an, 'ttorney-in-ac By. - — Sec/Treasurer By; Its Its (Seal) (Seal) Note: This bond must be dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. • 8 • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ,;,,S3.J7 1 State of California ' • County of Orange V On July 19, 2007 before me, Eileen Sandoval, Notary Public �N( DATE r•AAIE.TITLE OF OFFICER•E G."JANE DOE. •OTARY PU3L10- i If s personally appeared Robert Lloyd t; 1' NAMEiS,OF SIGNEERIS! -,j la personally known to me - OR - El 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 ac- knowledged to me that he/she/they executed , the same in his/her/their authorized capacity(ies), and that by his/her/their al �....,4 EILEEN SANDOVAL Ii signature(s) on the instrument the person(s), p ..�4,..:‘ Comm.it CALIFORNIA 6990 J or the entity u on behalf of which the , 3 ` -" �' NOTARY PUBLIC C o y p _ ORANGE COUNTY 2 person(s) acted, executed the instrument. . 1 91 'm".My comm.expires Feb.27,2008 It 1 WITNESS my hand and official seal. a 1 • ..dt e---,-l j 0---i-,ei;veil SIGNATURE OF NOTARY ' ll' . ,1 . ti ' OPTIONAL I Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent 1 fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ; \ El INDIVIDUAL 9 El CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(51 IJ ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL i•�S ❑ ATTORNEY-IN-FACT NUMBER OF PAGES Y ; ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR . ❑ OTHER: •r DATE OF DOCUMENT ■ ,y • t' SIGNER IS REPRESENTING: a NAME OF PERSONS)OR ENTITYSES) ) SIGNER(S) OTHER THAN NAMED ABOVE j f S TATE or California SS. • cowry OF Orange On 07/13/07 before me, R Haas-Bates, Notary Public PERSONALLY APPEARED William Syrkin personally known to me Ca7c2asaeiCciAXwx02nb4xfea:acs aSfacr7cX xxk& ,c) to be the persottip)whose name(x)isMjc subscribed to the within instrument and acknowledged to me that heLS*W KXereeuted the same in his/lrfegrgatamhorized capaelly6S).and that by his>gao1¢kt- signaturel..k on the instrument the person(.4, or the entire upon behalf of which the per.urn(k acted, executed the instrtanem_ � 1�� R. HAMS-BATES o l; 'L r COMM.#1473993 HNOTARY PUBLIC-CALIFORNIA G ISVI:.ti.S my hurl and official seal. 0r �.• ^v.- ORANGE COUNTY O f-1— ; ,.�--',y � COMM.EXP.MARCH 2,2008= *nature Q �..lZ 19S) This area fin-Official Notarial Seal OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OF TYPE OF DOCUMENT ill ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSONIS)OR EN rITY(IEESI _________ SIGNER(S) OTHER THAN NAMED ABOVE lo-1232(REV.5/01) ALL-PURPOSE ACKNOWLEDGEMENT • • " {°"r$ POWER First National Insurance Company of America I` Safeco Plaza w7IPCO a OF ATTORNEY Seattle.WA 98185 No. 12861 KNOW ALL BY THESE PRESENTS: That FIRST NATIONAL INSURANCE COMPANY OF AMERICA,a Washington corporation,does hereby appoint x******ax***.****SERGIO BECHARA;CLOE BIERMAN;REBECCA HAAS-BATES;WILLIAM SYRKIN;JOAN M.WYNN; LEONARD ZIMINSKI;Irvine,California********'"'****"****4**m**""********"m*********"m********"********** its true and lawful attomey(s)-in-fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business,and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF,FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this 23rd day of October 2006 • A fp/AAA;.206))440.--- STEPHANIE DALEY-WATSON,SECRETARY TIM MIKOLAJEWSKI,SENIOR VICE-PRESIDENT,SURETY CERTIFICATE Extract from the By-Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: 'Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business...On any instrument making or evidencing such appointment,the signatures may he affixed by facsimile.On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided,however,that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28,1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (I) The provisions of Article V,Section 13 of the By-Laws,and (ii) A copy of the power-of-attorney appointment,executed pursuant thereto,and (iii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimile thereof." I,Stephanie Daley-Watson ,Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA,do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By-Laws,the Resolution and the Power of Attomey are still in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of said corporation this 13th day of July , 2007 . rep XC CCO SEALs lodeShetaj x(JOIL\L(JL s v.?192B `�+r STEPHANIE DALEY-WATSON,SECRETARY des a1.,,,a .a S-1049/OF 4/05 • • Safeco®and the Safeco logo are registered trademarls of Safeco Corporation. - WES PDF