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HomeMy WebLinkAboutAGMT - Re-Pipe Corporation (Sewer Lining Spec No SWR100) • i l Recorded in Official Records, Orange County RECORDING REQUESTED BY Tom Daly, Clerk-Recorder Illlll3111114RIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIINO FEE AND WHEN RECORDED MAIL TO 2008000488975 08:30am 10123108 CITY OF SEAL BEACH i20 s N12 Attn: City Clerk 0.00 0.00 o.00 o.00 o.00 0.00 0.00 0.00 211 - 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 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. A work of improvement on the property hereinafter is described as substantially completed on October 1, 2008. The work was Sewer Lining Project No SW R100. 5. The name of the contractor, if any, for such improvement was: Re-Pipe California, Inc. The date of the Contract Award was: May 27, 2008. 6. 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: APN's 199-101-1-8, 102- 1-5, 111-1-7, 112-1-6, 113-1-8, 114-1-5, 115-1-8, and unknown APN's for City Streets on Southshore Drive and Fathom Avenue, Seal Beach, California 90740. Date: 16/1-3/48" Signature of owner or corporate officer of owner named in paragraph 2 or agent. VERIFICATION I, the undersigned, say: the Director of Public Works declarant of the foregoing notice of completion; have read said notice of completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury the foregoing is true and correct. Executed on ID• /3.08 , 2008, at •al Beach California. (Date of Signature) w -ice Di ector of Public Works r PUBLIC WORKS CONTRACT For the following project named Lining existing sewers on Gold Coast. Fathom Avenue and Southshore Drive , Specification No. SWR 100, in the City of Seal Beach. ( � THIS AGREEMENT, made and entered into this _ day of 1 11 201, by and between the City of Seal Beach, California, hereinafter referred to as the "CITY," Party of the First Part, and fZE PIPE - (Vet =ore N IA I NZ hereinafter designated as the "CONTRACTOR," Party of the Second Part. WITNESSETH: That the Parties do hereto mutually agree as follows: ARTICLE L 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, 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 City Manager ATTEST: c1& ► 4 ity Clerk BY 1 kAava) CONTRACTOR - Party of the Second Part V icn Pe.3 idP /0 Title 5 ,535 E 6Abrc cat- , Cn-\cirio c',R gli(ay Address • • • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ( l County of( il , 0U-(dam-0 J} (� On 5�a�w2 before me, Yvvnnc V cici, AlurL/ P bi-fC' Date ' Here Insert Name and Title of the Off cer personally appeared ( uv� Mrs ✓��- Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s)'whose namekeris/Arg subscribed to the within instrument and acknowledged to me that Jae/she/executed the same in)li-Oher/t/beirauthorized capacityjiesr; and that by_bietier9eirsignaturekeron the instrument the personha); or the entity upon behalf of ,_ VVONNE VALDEZ 1 which the persoy(e•)"acted, executed the instrument. i-' Commission • 1798268 Notary PuDIk _California I certify under PENALTY OF PERJURY under the laws Bernardin �•,,..._._� San o County CQ"nie lea 142012 of the State of California that the foregoing paragraph is true and correct. WITNESS m hand and official seal. SignatureMR \l&V'9d Place Notary Seal Above Signature of N ry Pudic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General RIGHTTHUMBPflINT El Partner—El Limited ❑ General RIGHT THUMBPRINT ❑ Attorney in Fact OF SIGNER ❑Attorney in Fact OF SIGNER ❑ Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: ✓:✓A:G'✓SL✓.AdA:. .G'✓0"✓S'✓G'✓�0.✓.0.:.0.:.h:.G'✓G'✓0.:"✓f�'✓. .f'✓t'ar'p'✓'✓G✓f'✓G'✓fw4St,'✓ a,4?;4S IO✓.1'✓.f'✓f'✓f,' .f'✓S'✓Ai44ten/'✓ ©2007 National Notary Association•9350 De Soto Ave.,PO.Box 2402•Chatsworth,CA 91313-2402•www.NatienalNotary.org Item#5907 Reorder:Call Toll-Free 1-800-876-6827 • • APPENDICES B Faithful Performance Bond Page D-61 • • Bond No. SU 103 4059 Bond Premium PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Seal Beach,has awarded RePipe-California,Inc. 5525 Gibraltar Street Ontano,lA 91164 (Name and address of Contractor) ("Principal"),a contract(the"Contract") for the work described as follows: Slurry Seal.Specification No ST0803 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 Arch Insurance Company 3 Parkway ia.ep a, ' • 1. (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 Two Hundred Fifty-nine Thousand Seventy-five and 00/100- - - - - - Dollars ($259,075.00 ), this amount being not less than the total contract price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns,jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his,her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform all the undertakings, terms, covenants, conditions and agreements in the Contract and any alteration thereof made as therein provided, on the Principal's part to be kept and performed,all within the time and in the manner therein specified,and in all respects according to their true intent and meaning, and shall indemnify and hold harmless the Public Agency, its officers, agents, and others as therein provided,then this obligation shall become null and void;otherwise,it shall be and remain in full force and effect. In case suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys' fees in an amount fixed by the court. FURTHER,the Surety, for value received,hereby stipulates and agrees that no change, extension of time, alteration,addition or modification to the terms of the Contract,or of the work to be performed thereunder, or the specifications for the same,shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change,extension of time, alteration, addition, or modification to the terms of the Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code §§ 2845 and 2849. The City is the principal beneficiary of this bond and has all rights of a party hereto. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof; have been duly executed by Principal and • • Contact or to the work or to the specifications thereunder. Surety, hereby waives the provisions of California Civil Code§§2845 and 2849. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s)pursuant to authority of its governing body. Dated: May 28,2008 "Principal" "Surety" RePi•e-California,Inc. Arch Insurance Company By: —,LSk kkQTtI,t By: a1tid Its V — By: Ce Pr ie NJMk„ is Attorney-in- act Its 'a C'� Opp` By: � PO Its Q 7(JOR 1A%-c: SEALfc." O 2002 (Seal) ''•7.41 WP9%. .(Seal) Note: This bonc>a iustA e d r2 , all signatures must be notarized, and evidence of the authoMlt`y of any person signing as attorney-in-fact must be attached. • • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT - 9L-aaG -3> Si$C3 t ' nSGnnNvaL'»Y+SCVSSCn-. i aLoa %C �LAL-aLnLAL�Ln �sLLa4'»LnLnL�S.nC"nf»L�sLn4.'�>,.saLti- a State of California� County of ��{M 3e(fa-(dot o p On 51?- /D2 before me, ti 11e/ V c1✓ 1 Pa-bLL(Ij Date Here Insert Nine and Title of the flicer personally appeared -OD�� A.4/2,✓e — Name(s)of Signer(s) who proved to me on the basis of atisf ctory evidence to be the personfsj'whose name(sjs subscribed to the within instrument and acknowledged to me that )efshe/executed the same in}i/herauthorized capacitvfie5j, and that by bs/her/ Ir signaturg(aron the yAIDEi instrument the persory(sf, or the entity upon behalf of YVONNE=%!Y■• Commission• 1798260 which the persor1cted, executed the instrument. r Notary f Californo I a t'« County I certify under PENALTY OF PERJURY under the laws ton OemmClrq C 0 1 �irC of the State of California that the foregoing paragraph is true and correct. WITNESS m hand and official seal. Signature f1'� V °�d Place Notary Seal Above Signature o ary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Partner—0 Limited ❑ General RIGHTTHUMBPRINT ❑ Partner—O Limited ❑ General RIGHTTHUMBPRIPfr ❑ Attorney in Fact OF SIGNER ❑Attorney in Fact OF SIGNER ❑ Trustee Top of thumb here Trustee Top of thumb here ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: ^�vw^yic:czwcc^w :ca ,aActo.. -cau- W ^wr=ar=e.w•_c. v w ^ vim=ur;.oc:c:e c^r=WawWw'!%eaz 02007 National Notary Association•9350 De Soto Ave.,P.O.Boa 2402•Chatsworth,CA 91313-2402.www.NalionalNotaryorg Item 115907 Reorder:CallTol-Free 1-800-876-6827 • • State of Connecticut } } County of Hartford On this 28th day of May, 2008 before me personally appeared Joann Dombrowski To me know, who being by me duly sworn did depose and say that she is the Attorney-in-Fact of ARCH INSURANCE COMPANY The corporation described in and which executed the above instrument; that she Knows the seal of said corporation, and that she signed her name thereto by like order. Marion R. Vail Notary Public . Commission Expires: November 30, 2010 Whereof, the Company has caused this instrument to be signed and corporate seal to be affixed by their in Tes6mcny . ,2000 authorized officers, this 20th day of February Arch insurance Company Attested and Certified ;/, -i Nlssoulf - - 1 1` , �. 1. Edward M.Titus,V ce President '`IVlariin J. Nilsen, Secretor'; STATE OF NEW YORK SS COUNTY OF NEW YORK SS I Peter J. Calleo, a Notary Public, do hereby certify that Edward M. Titus and Martin J. Nilsen personally known to me to Corporation the same organized whose names under respectively the President Missouri,subscribed Arch foregoing instrument, Copporetion organized and existing appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act offsaid corporation and as I , t I their own free and voluntary acts for the uses and purposes therein set forth. '(t'111i7f r �_ PETER J. CALLED,ESQ- 1-01 cfp\�\ -,.\ i•iotary Public, State of New'01k Peter J. Cal , Notary Pub`iic No.02CA6 vi9338 My commissl n expires 5-03-2008 Qualified in New YorF County CERTIFICATION Commission Expires May 3,2008 I, Martin J. Nilsen, Secretary of the Arch Insurance Company, do hereby yd that the same ashbdeP Power n full fAtttorney effect on behalf of the persons) as listed above is a true and correct copy the said since dward M T thereof and is in who executed the l 'Po�.Power of Attorneynas Vice*President, was otn the date of execution certify the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, l have hereunto subscribed my name and affixed the corpora e seat of the Arch Insurance 20 0 8 -�'= da of nay r'Ny Company on this > _ -_ � e::_- Martin J 4isen, Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: Arch Surety 3 parkway, Suite 1500 Philadelphia, PA 19102 once Z S eoamwre I N\' Itl 5'u \ ,ISW1i 00ML0013 00 03 03 Page 2 of 2 Printed in U.S.A. • POWER OF ATTORNEY Know it Men By These Presents: nisi That the Arch Insurance 'Company, a corporation Organized and existing under the laws of the State of Missouri, having its principal office in Kansas City Missouri (hereinafter referred to as the "Company") does hereby appoint Russell M. Canterbury, Joann Dombrowski and Marion R. Vail of Farmington, CT (EACH) its true and lawful Attorney(s)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and delver bonds or undertakings that guarantee the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Kansas City, Missouri_ This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and a orneys_in_fac and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakinon-, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." ` This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003: VOTED That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, s certifications by the Secretary, may be affixed by facsimile ry, bond seal of the pursuant Company,t and by on any power such h�tponey or bond t executed, s pursnd c rt the resdiuio: adopted by the Board of Directors on March 3. 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached_ shall continue to be valid and binding upon the Company. OOMi OO13 00 033 03 Page l of 2 Printed in U.S.A. • • Bond No. SU 103 4059 Bond Premium PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Seal Beach,has awarded to RePipe-California,Inc. 5525 E.Gibraltar Street Ontario,CA 91/64 (Name and address of Contractor) ("Principal"),a contract(the"Contract")for the work described as follows: Slurry Seal. Specification No. ST0803 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 Arch Insurance Company 3 Parkway Pluladelphta,PA lyiuz (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 Two Hundred Fifty-nine Thouand Seventy-five and 00/100- - - - Dollars($ 259,075.00 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 • • Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s)pursuant to authority of its governing body. Dated: May 28,2008 "Principal" RePipe_.,____California Inc. "Surety" _Arch Insurance Company Its Vice Re6ick BY `s Attorney-in-Fact ney-i -Fact ,, ,,,4n,tuw,,,, / ts Attorney-in-Fact By: °",Gall/p�"'' Its .Q;- ni By — — — Q ;•VO 9qo 9' ' Its i SEAL`"°:n`_ ...0 2oo2, (Seal) ..5't1WPQ:' Note: This bond/ (Seal) sx,,' ig,,,dtt ed, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. • • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT .�v���n4.ak:�C.o1Ks..'�+atayS.a+•r�G�;u.�Nn!Ga4�-sa�"na."��C.�;:saapn:Gav���int�;���a�v✓�e'o>~'at.Tc.:��G"�SGne:�i,.nr"'si State of California JJ���� County Still �Jlcr rGurtU On 5/?g I o before me, V VI"Vl,Me Vl de3 L Pu,bt f e Date ,f Here Insert Name and Title of the Officer personally appeared :06 V1 - tams - - Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the personnraj'whose name(s`jis/subscribed to the within instrument and acknowledged to me that Jae/sheer executed the same in_bis/her Ir authorized capacitvfies), and that byJils/her`thelf signature(a)'on the YVONNE VALDEZ instrument the persotihs<or the entity upon behalf of Commf4eon• 1798200 .44::" teatV PupOe.Couoinlo which the person*racted, executed the instrument. .1 San thernardlno County 201 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS mI hand and/opffi}`'�ial seal. Signature -V��t V "v`� Place Notary Seal Above Signatur otary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General RIGHrTHUMBPRINT ❑ Partner—❑ Limited ❑ General RIGHTTHUMBPRINT ❑ Attorney in Fact OF SIGNER ❑Attorney in Fact OF SIGNER El Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: rrfr.,-rr.n-drazggr✓e-a,- ,-anw.rdcme,"raranWSIn:.w:.s'«c�4Wren'ty .,<.�. 4wAst7,.-e7,-vwvaa.�,.,.a:w:.�.c-ew:,wawaed 52007 National Notary Association•9350 De Solo Ave.,PO,Box 2402•Chatsworth,CA 91313-2402•www.NationalNotaryorg Item p5907 Reorder:Calt Toll-Free 1-800-876-6827 • APPENDICES C Labor and Materials Bond Page D-62 S State of Connecticut } County of Hartford On this 28th day of May, 2008 before me personally appeared Joann Dombrowski To me know, who being by me duly sworn did depose and say that she is the Attorney-in-Fact of ARCH INSURANCE COMPANY The corporation described in and which executed the above instrument; that she Knows the seal of said corporation, and that she signed her name thereto by like order.c Marion R. Vail Notary Public Commission Expires: November 30, 2010 • • POWER OF ATTORNEY • Know All Men By These Presents: That the Arch insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri (hereinafter referred to as the "Company") does hereby appoint Russell M. Canterbury, Joann Dombrowski and Marion R. Vail of Farmington, CT(EACH) its true and !awful Attorney(s)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein_ The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Kansas City, Missouri. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in 'writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process" This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. 00AVIL0013 00 03 03 Page 1 of 2 Printed in U.S.A. In Testimony Whereof, the Company has caused this instrument to be signed and• corporate seal to be affixed by their authorized officers, this 20th day of February 2000 Arch Insurance Company Attested and Certified cgctance�Q ;s r� �1oxranre CO 3 i M!soul r i (•(:: t/ rR J°fl 77 it Edward M.Titus, Vice President Martin J. Nilsen, Secretary STATE OF NEW YORK SS COUNTY OF NEW YORK SS I Peter J. Callen, a Notary Public, do hereby certify, that Edward M. Titus and Martin J. Nilsen personally known to me to be the same persons whose names are respectively as Vice President and Secretary of the Arch Insurance Company; a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act ofs id corporation and as their own free and voluntary acts for the uses and purposes therein set forth. la ^ it r is ... PETER u. CALLE°,sSQ, a . Notary Public, State of New Yark Peter J. Cabs, Notary Public No.02CA6109336 My commissl•n expires 5-03-2008 G. _Pried in New York Goucry CERTIFICATION commission Expires May 3,2006 I, Martin J. Nilsen, Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said Edward M. Titus, who executed the Power of Attorney as Vice President, was on the date of execution of the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company- IN TESTIMONY WHEREOF, I have hereunto subscribed my roy name and affixed the corporate seal of the Arch Insurance Company on this z ti 1 _may !'; ; ".'c -... Martin J 4Nilsen, Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: Arch Surety 3 Parkway, Suite 1500 Philadelphia, PA 19102 ,CYat^^x;Z.\o m.m e 4 S U: v \N F J \ �155CU❑ 00ML0013 00 03 03 Page 2 of 2 Printed in U.S.A. • • ARCH INSURANCE COMPANY STATEMENT OF FINANCIAL CONDITION December 31, 2007 Assets Cash in Banks 66,384,902 Bonds owned 707,100,378 Stocks 334,988,312 Premiums in course of collection 157,226,230 Accrued interest and other assets 199,293,892 Total Assets $ 1,464,993,714 Liabilities Reserve for losses and adjustment expenses $ 423,100,783 Reserve for unearned premiums 141,973,882 Ceded reinsurance premiums payable 118,661,675 Amounts withheld or retained by company for account of others 86,986,236 Payable to affiliates 30,071,860 Reserve for taxes, expenses and other liabilities 123,651,711 Total Liabilities 924,446,147 Surplus as regards policyholders 540,547,567 Total Surplus and Liabilities $ 1,464,993,714 By: 715--ia'7 Attest:/ // A Senior Vice President and /tcr- ary Chief Financial Officer State of New York ) SS City of New York ) Fred Eichler and Martin Nilsen, being duly sworn, say that they are Senior Vice President and Chief Financial Officer and Secretary, respectively, of ARCH INSURANCE COMPANY, Missouri; and that the foregoing is a true and correct statement of financial condition of said company, as of December 31, 2007. Subscribed and sworn to before me, this rday oTMarch, 2008 ER v.CALLEO,ESQ, Notary Pubilo,State of New York Notary Public -" No.02CA6109336 t �� Ouz lined in Nety York County 1.t r. 4S+`\ Commission Expires May 3,2008 • • STATE OF CALIFORNIA DEPARTMENT OF INSURANCE N4 07800 SAN FRANCISCO Amended Certificate of Authority THIS is TO CERTIFY THAT,Pursuant to the Insurance Code of the State of California, Arch Insurance Company of Kansas City, Missouri , organized under the laws of Missouri ,subject to its Articles of Incorporation or otherfiatdamental organizational documents,is hereby authorized to transact within the State,subject to all provisions of this Certificate,the following classes of insurance: Fire, Marine, Surety, Disability, Liability, workers' Compensation, Common Carrier Liability, Boiler and Machinery, Burglary, Team and Vehicle, and Automobile as such classes are now or may hereafter be defined in the Insurance Laws of the Slate of California. THIS CERTIFICATE is expressly conditioned upon d®holder hereof now and hereafter being in full compliance with all,and not in violation of any,of the applicable laws and lawful requirements made under authority of the laws of the State of California as long as such laws or requirements are in effect and applicable, and as such laws and requirements now are,or may hereafter be changed or amended. IN.WITNESS WHEREOF,effective as of the /5th day of December _ 2003 ,)have hereunto set my hand and caused my official seal to be affixed this 15th day of December 2003 1.-" ' 1e d ?-V- "tea s r v, ' ff '= j` 7oha G mendi --list- €l'v q f . I % Commissioner l a z al4Iit` ak �,+-CVs- _�� By Victoria a�'' for Ida 2•a Asst - - seput NOTICE: Qualilcauon with the Secretary of State must be accomplished as required by the California operations Code promptly after issuance of this Certificate of Authority.Failure to do so will be a violation of Insurance Code Section 701 and will be grounds for revoking this Certificate of Authority pursuant to the convene=made in the application therefor and the conditions contained herein. I-ow can osvw am, • • APPENDICES D Worker's Compensation Certificate of Insurance Page D-63 • • WORKER'S COMPENSATION CERTIFICATE OF INSURANCE WHEREAS,the CITY OF SEAL BEACH has required certain insurance to be provided by Insurance Company of the State of Pennsylvania (AIG) 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. I. This certificate is issued to: CITY OF SEAL BEACH,City Hall,211 EIGHTH STREET, SEAL BEACH,CA 90740-6379. 2. The insureds under such policy or policies are: rePipe California, Inc. (see enclosed listing) 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 WC 3426965 1/1/08 1/1/09 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. IIttsAut 19`t7.en ,fie ' 7/ • ill ill ACORD, CERTIFICATE OF LIABILITY INSURANCE OP ID TH DATE(MMDD(YYYY) 9REPI03 05/23/08 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION LSG Insurance Partners ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 2369 Franklin Road HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR PO Box 3000 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Bloomfield Hills MI 48302-3000 Phone: 248-332-3100 Fax:248-332-6396 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: American Intl Specialty Lines INSURER B: Commerce 6 Industry Ins Co rePipe California Inc INSURER C: Insurance Co of State Of PA 5525 E Gibraltar St INSURER O: Ontario CA 91764 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. ILTRoNSRD_ TYPE OF INSURANCE POLICY(MMIDOYY)E POLICY LIMITS POLICY NUMBER DATE GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X X COMMERCIAL GENERAL LIABILITY PROP6439317 04/01/08 04/01/09 PREMISES(EaEea,ence) $ 50,000 CLAIMS MADE X OCCUR MED EXP(My one person) $ 5,000 PERSONAL$ADV INJURY S 1,000,000 GENERAL AGGREGATE 12,000,000_ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 IA PRO T POLICY I^LOC JEC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1,000,000 B X X ANY AUTO CA6439319 04/01/08 04/01/09 (Eaaccidenll ALL OWNED AUTOS I BODILY INJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS BODILY INJURY $ NON'OWNED AUTOS (Per accident) PROPERTY DAMAGE $ Per acadent) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ _ EXCESSIUMBREL LA LIABILITY EACH OCCURRENCE $5,000,000_ A X OCCUR ICLAIMSMADE PROU6439818 04/01/08 04/01/09 AGGREGATE $5,000,000 $ DEDUCTIBLE $ X RETENTION $10,000 $ WUSIMU- 01H- WORKERS COMPENSATION AND X TORY LIMITS ER EMPLOYERS'LIABILITY C WC3426965 01/01/08 01/01/09 E.L.EACH ACCIDENT $1,000,000 ANY PROPRIETOR/PARTNERIEXECUTIVE OFFICERIMEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes.describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $1,000,000_ OTHER A PollutionLiability PROP6439317 04/01/08 04/01/09 Each Loss 1,000,000 Aggregate 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Industrial & Environmental Contractor, The City of Seal Beach is included as Additional Insured for General Liability and Auto Liability as respects to the ongoing operations of the named insured and as required by written contract for job: City of Seal Beach Lining existing Sewers on Gold Coast, Fathom Ave. & Southshore Dr. Specification #SWR100. continued on attachment CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER lit 0CMNOHCI=XI)MAIL 30* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,INRPAIWAIXIRkOASRRIALX City of Seal Beach, City Hall INENICK OBINKOOR:OEOCIMPLXIXIKANCLI MOICTOMPG £BfR9a ISIMABc 211 Eight Street Seal Beach CA 90740-6379 251511=INFAMMC X — AU IZED REPRESENTA(T�/�/� ///(��L ACORD 25(2001/08) l=/ Cl ` @ CORD CORPORATION 1088 • • • L1OTEPtApD sHOa CODE w�'� 4r , 4 g § .n,a, +, MSUREy D �NAM re,Plpe,Cax11 orn as`Incear 'ctz y.8e,O{{��ID line,.Sat- 442,,23/Elb Attachment to Repipe California, Inc Certificate of Insurance issued to City of Seal Beach, City Hall for the term 04/01/08-09 for all Liability policies and 01/01/08-09 for Workers' Compensation dated May 23, 2008. Description of Operations continued: Includes a Waiver of Subrogation for General Liability as required by written contract. * 10 days for premium non-payment. Inland Waters Schedule of Named Insureds Name Insured Work Comp California Inland Industrial Services Group LLC PMS Industrial Services LLC Confined Space Services LLC Power Vac Construction LLC dba National Labor Services Inland Waters Pollution Control Services LLC OmniChem LLC Inland Waters of Ohio Inc. DeBusk Industrial Services Company Inc.dba DISC Inland Waters Personnel Co LLC Inland Waters Payroll Co LLC Inland Waters Processing Co LLC Inland Waters Professional Co LLC SCP Properties LLC Inland Pipe Rehabilitation Holding Company LLC (correction from Inland Pipe Rehabilitation Holdings LLC) Inland Pipe Rehabilitation LLC rePipe TX Acquisition Corp. re-Pipe-Texas Inc. Garver-Delaware LLC rePipe Construction Ltd PM Construction & Rehab, LP rePipe of Michigan LLC Inland Management Inc. Inland Waters Pollution Control Inc. ,r rePipe CA Acquisition Corp. rePipe California Inc. Inland Waters Pollution Control Inc. dba Power Vac Services Inland/Excel LLC Inland Gaitor, LLC