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HomeMy WebLinkAboutC-4183(A) - Central Library Bookstore Renovationn CITY CLERK CITY OF NEWPORT BEACH CENTRAL LIBRARY BOOKSTORE RENOVATION h i `G! Fp R rI CENTRAL LIBRARY BOOKSTORE RENOVATION DAY STAR INDUSTRIES, INC. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CENTRAL LIBRARY BOOKSTORE RENOVATION TABLE OF CONTENTS INSTRUCTIONS TO BIDDERS ........................................................ ..............................1 DESIGNATION OF SUBCONTRACTOR(S) ................ ............................... NOTICE TO SUCCESSFUL BIDDER .............................................. ..............................4 CONTRACT..................................................................................... ............................... 5 LABOR AND MATERIALS BOND .................................................... .............................11 FAITHFUL PERFORMANCE BOND ................................................ .............................13 PROPOSAL................................................................................ ............................... PR -1 2 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CENTRAL LIBRARY BOOKSTORE RENOVATION INSTRUCTIONS TO BIDDERS 1. The following documents shall be completed, executed and received by the Public Works Department in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS DESIGNATION OF SUBCONTRACTORS PROPOSAL 2. The City of Newport Beach will not permit a substitute formal for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 3. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 4. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 5. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 6. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703 -4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to the requirement to pay prevailing wage rates (Sections 1770 -7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 7. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act ". 8. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual i authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. The signature below represents that the above has been reviewed. 481504 c-6 Contractor's License No. & Classification i.y Star Industries,_Inc. Bidder PI, U Authorize ignature/Title May 6, 2009 Date CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CENTRAL LIBRARY BOOKSTORE RENOVATION DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one-half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed) Subcontractor's Name, Bid Percent Address, Telephone # Item Of Total Number Bid PTL Surfaces 21871 Ybarra Rd. ___ 35% Woodland Hills, CA (714)-501-5693 Day Star Industries, Inc Bidder 3 Description of Wor Corian Countertc Autho'rized,4ignature/Title CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CENTRAL LIBRARY BOOKSTORE RENOVATION NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday. Sunday and Federal holidays) after the dale shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days) after the date of receipt of the Notice of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the Slate of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 4 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CENTRAL LIBRARY BOOKSTORE RENOVATION THIS AGREEMENT, entered into thisa day of N—, 2009. by and between the CITY OF NEWPORT BEACH, hereinafter "City," and Day Star Industries, Inc., a California corporation, hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has solicited for bids for the following described public work: Provide millwork and refurbish the existing checkout counters for the Central Library Renovation project. WHEREAS, Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, City and Contractor agree as follows A. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Non - Collusion Affidavit, Faithful Performance Bond. Labor and Materials Payment Bond, Permits, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for CENTRAL LIBRARY BOOKSTORE RENOVATION, Standard Specifications for Public Works Construction (current adopted edition and all supplements) and this Agreement, and all modifications and amendments thereto (collectively the "Contract Documents "). The Contract Documents comprise the sole agreement between the parties as to the subject maller therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. B. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project: All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. W C. COMPENSATION As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of Twenty -Five Thousand, Six Hundred Eighty-Five Dollars and 00!100 ($25,685.00). This compensation includes: (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (3) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. The Contractor and City expressly agree that in addition to all claims filing requirements set forth in the Contract Documents, the Contractor shall be required to file any claim the Contractor may have against the city in strict conformance with the Tort Claims Act (Government Code 900 et. seq.). E. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Mark Reader (949)981 -5260 (949) 644 -3318 Fax Day Star Industries 13607 Pumice Street Santa Fe Springs, CA 90670 (562) 926 -8800 (562) 926 -8810 Fax F. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of work. Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. Certificates of Insurance. Contractor shall provide original certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Contractor's bid. 2. Si nature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. 3. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the Stale of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 4. Coverage Requirements. a. Workers' Compensation Coverage. Contractor shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the Slate of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all Workers Compensation policies must be received by City at least thirty (30) calendar days (10 calendar days written notice of non - payment of premium) prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. b. General Liability Coveraqe. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. c. Automobile Liability Coverage. Contractor shall maintain automobile insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. 5. Deductibles and Self- Insured Retentions Any deductibles or self- insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects City, its officers, officials, employees and volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 6. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: al General Liability and Automobile Liability Coverages i. City, its elected or appointed officers, agents, officials, employees, and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor, products and completed operations of Contractor; premises owned, occupied or used by Contractor, or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its elected or appointed officers, officials, employees, agents or volunteers. ii. Contractor's insurance coverage shall be primary insurance and /or primary source of recovery as respects City, its elected or appointed officers, agents, officials, employees and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Contractor's operations or services provided to the City. Any insurance or self - insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, agents, officials, employees and volunteers. iv. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability v. The insurance afforded by the policy for contractual liability shall include liability assumed by contractor under the indemnification /hold harmless provision contained in this Contract. vi. The insurer shall agree to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers for losses arising from work performed by Contractor for City. b) All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, rescinded by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. Timely Notice of Claims — Contractor shall give City prompt and timely notice of any claim made or suit instituted arising out of or resulting from Contractor's performance under this agreement. All of the executed documents referenced in this contract must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bonds documentation. 8 7. Acts of God Pursuant to Public Contract Code Section 7105. Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract amount provided that the Work damaged is built in accordance with the plans and specifications. 8. Right to Stop Work for Non - Compliance City shall have the right to direct the Contractor to stop work under this Agreement and /or withhold any payment(s), which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. G. RESPONSIBILITY FOR DAMAGES OR INJURY 1. City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof, for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. 2. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to properly resulting from defects, obstructions or from any cause arising from Contractor's work on the Profecl, or the work of any subcontractor or supplier selected by the Contractor. 3. Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Contract, (2) use of improper materials in construction of the Work; or, (3) any and all claims asserted by Contractor's subcontractors or suppliers on the project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify City from the active negligence or willful misconduct of City, its officers or employees. A. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 5. Nothing in this article, nor any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for in G.3, above. 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. H. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to be 9 performed, and has correlated all relevant observations with the requirements of the Contract Documents. I CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. J. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. ATTEST: ITY LERK J APPROVED AS TO FORM ' ' c Attachment: Proposal CITY OF NEWPORT BEACH A Municipal Corporation 3fephervG. Badum Pub0l-Works Director DAY STAR INDUSTRIES, INC. By: (Cor rate Officer) Title: Presi ent, C.E.O. Print Name: D.R. Prigmore By: eIL4 (Financial fficer) Title: Corporate Secretary Print Name: Anne E. Prigmore Please note: Corporations must complete and sign both places above even if each office is held by the same individual 10 Executed in Four (4) Original Counterparts CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CENTRAL LIBRARY BOOKSTORE RENOVATION BOND NO. 3321776 Premium iTncluc�n charge for Performance Bond LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to Day Star Industries, Inc., hereinafter designated as the "Principal," a contract for construction of CENTRAL LIBRARY BOOKSTORE RENOVATION in the City of Newport Beach, in strict conformity with the plans, drawings, specifications and other Contract Documents in the office of the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute CENTRAL LIBRARY BOOKSTORE RENOVATION and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We the undersigned Principal, and, Great _American Insurance Company_ _ duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held firmly bound unto the City of Newport Beach, in the sum of Twenty -Five Thousand, Six Hundred Eighty -Five Dollars and 00/100 ($25,685.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, 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 such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 11 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 7th day of May , 2009. Day Star Industries, Inc. Great American Insurance Company Name of Surety 750 The City Drive South #300 Orange, CA 92868 Address of Surety 714-740-3117 Telephone President, (-m Author! Signature/Title Authorized Agent Signature Robert L. Fix, Attorney -in --Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 12 GREAT AMERICAN INSURANCE COMPANY® Administrative Office: 580 WALNUT STREET • CINCINNATI, OHIO 45202 • 513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than FOUR No. 0 14458 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorneyin-fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof, provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power S.C. ARENDTS, JR. ALL OF ALL LAURIE B. DRUCK ORANGE, UNLIMITED KATHY B. WITTLER CALIFORNIA ROBERT L. FIX This Power of Attorney revokes all previous powers issued in behalf of the attomey(s}in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixedthis 29°' day of, JANUARY , 2008. Attest STATE OF OHIO, COUNTY OF HAMILTON - ss: GREAT AMERICAN INSURANCE COMPANY DAVID C. KITCHIN (513-369-3811) On this 29°i day of JANUARY , 2008, before me personally appeared DAVID C. KITCHIN, to me known, being duly sworn, deposes and says that 11e resides in Cincinnati, Ohio, that he is the Divisional Senior Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March 1, 1993. RESOLVED: That the Division President, the several Division Vice Presidents and Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys -in -Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof, to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate ofeither given for the execution of any bond, undertaking, contract or suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I, RONALD C. HAYES, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of March 1, 1993 have not been revoked and are now in full force and effect. Signed and sealed this 7th S 1029T (11/01) day of, May , 2009 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF California ) ss.: COUNTY OF Orange )ss... On May 7, 2009 before me DATE personally appeared Robert L. Fix +�LAURIE 8. bRuCK r+,�„� Conanlsslon # 18020 Notary Publk - California Orange County M Comm- Ex Ires Jul 14, 2012 - Laurie B. Druck, Notary Public Here Insert Name and Title of the Officer NAME(S) OF SIGNER(S) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. /2 Place Notary Seal Above (Signature of Notary) 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: Labor and Materials Payment Bond Document Date: May 7, 2009 Number of Pages Signer(s) Other Than Named Above: N/A Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited ❑ General ® Attorney -In -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: GREAT AMERICAN INSURANCE CO. Signer's Name: 2 ❑ Individual ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited ❑ General ❑ Attorney -In -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: ©2007 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 . Chatsworth, CA 9133-2402 - www.NationaINotary.org Item #5907 Reorder: Call Toll -Free 1-800-876-6827 CALIFORNIA•ACKNOWLEDGMENT State of California County of Los Angeles On May 11, 2009 before me, Nancy L. Goode Notary Public , Date Here Insert Name and Title of the O icer personally appeared Dan R PrigmnE Names) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. PWrCy 1 certify under PENALTY OF PERJURY under the laws Corrwntsslon � 1634909 Y Notrny PtAft - CaNlornla of the State of California that the foregoing paragraph is Los Angeles County j true and correct. My Comm. Expires Jan 5.201 WITNESS my hand and official seal. Signature Place Notary Seal Above jSignature of Notary 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: Labor & Materials Bond # 3321776 Document Date: May 11 2009 Number of Pages: 2 N/A Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Dan R. Prigmore ❑ Individual ® Corporate Officer — Title(s): President ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ---- Day Star Industries, Inc. OF SIGNER Signe Name: ❑ Individu L1Corporate O t ❑ Partner — ❑ Lir ❑ Attorney in Fact — Title(s): ted ❑ General ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: © 2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll -Free 1-800-876-6827 Executed in Four (4) Original Counterparts CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CENTRAL LIBRARY BOOKSTORE RENOVATION BOND NO. 3321776 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ being at the rate of $ 17.00 437.00 per thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to Day Star Industries, Inc., hereinafter designated as the "Principal", a contract for construction of CENTRAL LIBRARY BOOKSTORE RENOVATION in the City of Newport Beach, in strict conformity with the plans, drawings, specifications, and other Contract Documents maintained in the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute CENTRAL LIBRARY BOOKSTORE RENOVATION and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and Great American Insurance Company , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Twenty -Five Thousand, Six Hundred Eighty -Five Dollars and 00/100 ($25,685.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. 13 As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 7th day of _ May _'2009. Day Star Industries, Inc. Great American Insurance Company Name of Surety 750 The City Drive South #300 Orange, CA 92868 Address of Surety 714-740-3117 Telephone -f NZ President, C70 Authori d Signature/Title I -Authorized Agent Signature Robert L. Fix, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED F:IUsers\PBW\SharedlContractstFY 08-09\Central library Bookstore C-40061CONTRACT(S)iDaystar\Daystar - Informal.doc 14 GREAT AMERICAN INSURANCE COMPANY® Administrative Office: 580 WALNUT STREET • CINCINNATI, OHIO 45202' 513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than FOUR No. 0 14458 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney in -fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power S.C. ARENDTS, JR. ALL OF ALL LAURIE B. DRUCK ORANGE, UNLIMITED KATHY B. WITTLER CALIFORNIA ROBERT L. FIX This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 290' day of, JANUARY , 2008. Attest STATE OF OHIO, COUNTY OF HAMILTON - ss: GREAT AMERICAN INSURANCE COMPANY DAVID C. KITCHIN (513-369-3611) On this 29" day of JANUARY , 2008, before me personally appeared DAVID C. KITCHIN, to me known, being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is the Divisional Senior Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March 1, 1993. RESOLVED: That the Division President, the several Division Vice Presidents and Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys -in -Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof- to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract or suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature ofsuch off cer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I, RONALD C. HAYES, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of March I, 1993 have not been revoked and are now in full force and effect. Signed and sealed this 7th day of, May 2009 S 1029T (11/01) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF California ) ss.: COUNTY OF Orange ) ss.: On May 7, 2009 before me DATE personally appeared Robert L. Fix LAURIE B. ORUCK ConmWISI 18020 n #t Notary Publk - CNNornla Orange County I-amly Comm, EXPIres Jul 14, 2012 y Laurie B. Druck, Notary Public Here Insert Name and Title of the Officer NAME(S) OF SIGNER(S) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. �QA�_ g. ),%,K Place Notary Seal Above (Signature of Notary) 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: Faithful Performance Bond Document Date: May 7, 2009 Signer(s) Other Than Named Above: N/A Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited ❑ General ® Attorney -In -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: GREAT AMERICAN INSURANCE CO. Number of Pages: 2 Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited ❑ General ❑ Attorney -In -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: ©2007 National Notary Association . 9350 De Soto Ave., P.O. Box 2402 . Chatsworth, CA 9133-2402 . www.NationalNotary.org Item #5907 Reorder: Call Toll -Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT yaS,sa, z,S .a<,.�. �a sa. sa sa>,r�',�a.,aaC.�S,za.C:a.,�.a.,�a.,ya. �a',.�a � yaCy�c � ;_ ,y��.• •.aei.�' ,ya9/-' sa' �S � ,. ,�a�ya. �a',�a ,:1. ;sa.,� �. � ,. State of California County of Los Angeles On May 11, 2009 before me, Nancy L. Goode Notary Public Date Here Insert Name and Title of the Officer personally appeared Dan R Prigmore Name(s) of Signer(s) ConxrdWon # 1 UN9 Wft ry Pubk - Collfonnda Los Angeles County 10my Comm. Expires don S, 201 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature of Notary 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: Performance Bond # 3321776 Document Date: May 11, 2009 N/A Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Dan R. Prigmore ❑ Individual CX Corporate Officer —Title (s): President ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact •2M Let 0 1 Rn ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ---- Day Star Industries, Inc. Number of Pages: Signer Name:_ ❑ Individu ❑ Corporate O ' t ❑ Partner — ❑ Lir ❑ Attorney in Fact — Title(s): ted ❑ General ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotaryorg Item #5907 Reorder: Call Toll -Free 1-800-876-6827 Best's Rating Center - Company Information for Great American Insurance Com... Page 1 of 2 Vlaw Ratings: Unanclal 9lutigth Issuer, credit Securlm, AdvaneM9Pareb Olner cosh Centers seta Great American Insurance Company a mmm, of rnv n! q I..aeianed b m„pnM col Mve. A.M.aest /:02213 aNe O'19601 FEmY amount muvoLi,iM en uctlk,n edldybnlNl Pea r Address: 580 walnut Boom. 121h Floor Phone: 513.369-5000 Cincinnati. OH 45202 Fax: 513.389-3600 Web: wvnv.areata- macanimucance.mm Best's Ratings Financial Strength Ratings View Definit9ns Issuer Credit Ratings View Definitions Rating: A (Excelientj long -Term: a Affiliation Code: g (Group) Outlook: Stable Financial Size Category: XIII ($1.25 Billion to $1.5 Billion) Action: Affirmed Outlook: Stable Date: March 2T, 2009 Action: Affirmed Effective Date: March 27, 2009 * Denotes Under Review Ratings. See rating definitions Reports and News Visit our NewaRpdm for the latest nitric and mass nimmou, for mrs company and its A.M. Bes( Group. A¢LB Credit Ration - IBSUran9g,PNl£s_sjmrmj lupabridged)(formerly known as Best's Company Report) . includes Beers Fin; colorme along with comprehensive analytical commentary. detmled business overview and key Onancial data. Report Revision Date: 03122/2009 {represents the latest significant change). P ' Htstorical Report; are available in AMB C dt,130..9n c laswance PrgteswpoLdIDAU9ed.) Archive. _ Best's Executive Summery Reports (Financial Overview) - available In three versions, these presentation style reports feature balance s a key financial pedommnce tests including profitability, liqudily and reserve analysis. Data Status: 2009 Bests Statement File - PIG US. Contains data compiled as of 5/1112009 (Quality Cross Checked). e $(Ogle Cpm�nY -eve yeas d Onendel data specarcalty on {his company e Conuagisgn - side -0y -side financial analysis of mis company with a peer group of up ta➢ve other companies you select. e CoLp le - evaluate {his Nmpanys financials against a peer group composite. Report displays both the average and total composite group . ears of key financial data presented with colorful than and tables. Each re IMS I,m,rS Hating% Hating Ratienale and an Rompt if= our Business Review comer Data Status: Contains data compiled as cd 511InD09 (Quality Cross Checked). B.UA, Key Riftlg Sepide Presenlatfon Report - includes Bast's Financial Strength Rating and financial data as provided in Best's Key Ra Data Status: 2007 Financial Data (Quality Cross Checked). Financial and Analytical Products Best's Prpp"ICasuallY Center - Premium Data &Reppr.65 B€ tt's.KSYSeti ➢9Szvl4a= P.t�11.S -& Canada ease* StatemeidDe. PIC US Bas15.StaNme ➢lEile - l�gQal Basin insurance ft cons P/C US 8 Carrad @Pill's Stale lme -P1C US Bests Inswance Expense Exhibit 11 1 -P/CM Best's Schetlude F (Reirismance) - PIC_US Beprs Schedule D (Mimidual Bonds) - US Ellitifs, F+ n l D (Coinnum Stachal, US Been .e+:hedtde Djprrdmmd Stocks) - US Bnu $yl1gtfgto V (Loss Reserves( - PIC. US BnE[U.S„hedule D. 1Ytift -PfC I18. MKS Best's,Fh.,,4J!? DD,&,i data Bands) 0 Customer Bervica l Product Su000n I l]v emW (Cento l Qg nut Info I Came About A.M. Best I She Mao I Pdvacv Policy I SecutB I Terms of Use I Legal & Licensing http: / /www3. ambest.com /ratings /Full Profile.asp ?BI= O&AMBN um= 2213&AltSrc =... 05/12/2009 CITY CF NEINPORT LEACH PUBLIC VhKiRKS DEPARTMENT i'FGFi?Si1l. . NEVVi?C?RT BE- ACli'EtdTi AL. C.i i6i&RY REMODEL o the :-nno-: bie City i:(7::rt',i Gify of NQwporf Beea:h X300 Newport Boulevard Nevipwi t ?ach. Calllo; r<'-i 92rZ. -3 uent(emen: The undersigned declares that he has carefully- examined the location of the work„ his real! the Instructions to the Bidders. >tas 2ramiried the Plans and Special Provisfons, and Fiei (3by . proposes to furhizlh all matei als esct;ept that material, su{.miied by the City and shall po, tadn all'. work fequived W CCUnp!Oe, Contra;:i Nr:. :pit O6 E` In accoroan'ce Kith the zplaworid Special Pmr isions„ acid will take in futi. { ayniel)f theri4am. the following unit giiejas. Far tt e work. complete in :71aor, to wif. I_rEht 'QUANTITY'. _ITEM DFSCRIPTIQN.AND UNIT UNIT AND UNIT' . .Pi t1C ;E vtiF?} i'TEN'Ihf ifJEFtDS PRICE - i.. Lwbj:p.Sum Shop Drawings o and n t s'4 v 4:r Pt t L4m.p Sutii: , - cifa `arid Per Lurrp, SUM 3. Lurnp Surm Fabricate and {nstalf.Cahineit in Bookstore .. _':::;.. "' <' _ —,.—Dollars and Ge*its :. = Per Lu g PR 2 of 2 'N'l QUArTn'ry U,� UE�SGRIP'RON AND -UNt! UNIT. TOTAL Q UNIT PR Lump SUM Rc!fuft)u-,h Sine! Panels and. Rorbove and Replace Existing C 0-011t-nr TOP With Now Pblymer-Type as Specified tyy Buyer AU3.0WANCr Doll, Lump Sum Fabek..;5ta7, o.nd (fistall Trim Work ArmnO Prappsed Entry Door to BooksiGre as Shown an ShoiJt AA and I - Cents TOTAf- PRfCE Ir4 \N Rai- EN WORDS I A. -A Quest - Business License Application Page I of I Tuesday, May 12, Business License Application - eReceipt 5/12/20( Congratulations Nancy! Your Business License Application has been submitted and your payment has been received. Your application will now be reviewed by a staff member and then approved accordingly. Please wait 10 business days to receive your Business License Certificate via Postal Service. You may login to Quest at any time to view the status of your request. Receipt No: 174726427 Business License #: BT30027905 Total Amount: $227.00 Please help us improve our services: Take a 3p second Su.rygy View reQuests Please print this receipt for your records. E iI i.1 ITStk City of Newport Beach - 3300 Newport Blvd - Newport Beach - California - 92663 https: / /www5. city.newport- beach. ca. us / quest_ too lbus_licenselreecipt.aspx ?rece ipt= 174726427 &license =... 5/12/2009 Department of Consumer Affairs Contractors State Lic pite Board Contractor's License Detail - License # 481504 © DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations CSLB complarnl disclosure is restricted by law (B &P 7124 bl. If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below Cocs on the hnk or button to notam complaint and/or legal action intormaNOn Per B &P 70'71 11 only construction related civil judgments reported to the CSI-I3 are disclosed - Arbilialions are not listed unless the contractor fails to comply wtlh the terms of the arbdranon t- Due towmkWao. there may be relevant information that has not yet been entered onto the Board's license database License Number: 481504 Extract Date: 02/0612009 DAY STAR INDUSTRIES Business Information: 13607 PUMICE STREET SANTA FE SPRINGS, CA 90670 Business Phone Number. (562) 926 -8800 Entity: Corporation Issue Date: 1012311985 Expire Date: 1013l/2009 License Status: This license is current and active. All information below should be reviewed. CLASS DESCRIPTION Classifications: C -6 CsABINET MIMILLWORK AND FINISH CARPENTRY CONTRACTOR'S BOND This license filed Contractor's Bond number 635509 in the amount of $12,500 with the bonding company SURETY COMPANY OF THE PACIFIC. Effective Date: 01f01l2007 Bonding: Contractor's Bonding History BOND OF QUALIFYING INDIVIDUAL 1. The Responsible Managing Officer (RMO) DAN RUSSELL PRIGMORE certified that he /she owns 10 percent or more of the voting stock /equily at the corporation. A bond of qualifying individual is not required Effective Date: 10/23/1985 This license has workers compensation insurance with the STATE COMP E NSATI N INSURANCE FUND Policy Number: 1903751 Workers' Compensation: Effective Date: 10101 /2008 Expire Date: 10/01/2009 Workers' Compensation History Personnel listed on this license (current or disassociated) are listed on other lice nses Conditions of Use I Prlvacv Policy Copyright © 2009 State of California California Business Search +` 0 LZ R � aA I��+BOowrnv iii, RwEia : us1ilne -ss I'orta DISCLAIMER: The information displayed here is current as of MAR 06, 2009 and is updated weekly. It is not a complele or certified record of the Corporation. CCorporation DAY STAR INDUSTRIES Number: C1342525 _] Date Filed: 6/14/198 Status: active Jurisdiction: California r—_ Address 13607 PUMICE STREET �] SANTA FE SPRINGS, CA 90670 FAgent for Service of Process _ HARRY M BARTH `1 333 CITY BLVD WEST SUITE 2050 ORANGE, CA 92868 Blank fields indicate the information is not contained in the computer file If the status of the corporation is 'Surrender ", the agent for service of process is automatically revoked Please refer to California Corporations Code Section 2114 for information relating to service upon corporations that have surrendered. Page 1 of 1 http: / /kel)ler. ss. ca. ciov/ cori)data lShowAilList ?QuervCorr)Number =C 1342525 &ori... 03/13/2nOq Fax #: CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 4114/09 Dept. /Contact Received From: Date Completed: 4/14/2009 Sent to: Shari Rooks Company /Person required to have certificate: Dav Shari Rooks By: Tara Hemmingsen Star Industries I. GENERAL LIABILITY A. INSURANCE COMPANY: Peerless Insurance B. AM BEST RATING (A: VII or greater): A: XV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1 M or greater): What is limit provided? $IMM/$2MM E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? ® Yes ❑ No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes ❑ No H. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes ® No I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. II. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Golden Eagle Insurance B. AM BEST RATING (A: VII or greater) A:XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1 M min. BI & PD and $500,000 UM): What is limits provided? $IMM E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? N/A ❑ Yes ❑ No G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. mI;riL.]V:/A:i.9[K•] •I»dbyr11[•7kq I A. INSURANCE COMPANY: State Fund B. AM BEST RATING (A: VII or greater): Not Rated C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED?