HomeMy WebLinkAboutAGMT - All American Asphalt (SBB Improvement, #ST1001) Ao
Recorded In Official Records, Orange County
RECORDING REQUESTED BY Tom Daly, Clerk-Recorder
AND WHEN RECORDED MAIL TO 11111 I IIIIIIIIIIIII III III III NO FEE
* $ R 0 0 0 4 5 6 8 0 3 8 $ *
CITY OF SEAL BEACH 2012000093016 12:37 pm 02117112
Attn: City Clerk 90 416 N12 1
211 - 8th Street 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
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. t�
Notice is hereby given that:
1. The undersigned is owner or corporate officer of the owner of the interest or estate stated
below in the property hereinafter described:
2. The full name of the owner is: City of Seal Beach.
3. The address of the owner is: 211 —8th Street, Seal Beach, CA 90740.
4. The nature of the interest or estate of the owner is: In Fee. The City of Seal Beach.
5. A work of improvement on the property hereinafter is described as substantially completed on
November 7, 2011. The work was Seal Beach Blvd. Street Improvement Project. No.
ST1001.
6. The name of the contractor(s), if any, for such improvement was: All American Asphalt. The
date of the Contract Award was June 27, 2011.
7. The property on which said work of improvement was completed in the City of Seal Beach,
County of Orange, State of California, and is described as follows: Seal Beach Boulevard
between Bolsa Ave. and PCH.
Date: Z x/3(2 /
Director of Public Works, City of --I Beach
Signature of owner or corporate .fficer 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 Fe ev (3 , 2012, at Seal Beach, California.
(Date of5ignature)
Director of Public Works, City of:eal Beach
AN AGREEMENT
FOR SEAL BEACH BOULEVARD STREET
IMPROVEMENT PROJECT
CIP No. ST1001
Federal Project No. RSPTLE 5229 (013) [Task 11
Federal Project No. ESPL 5229 (011) [Task 21
between
s RPO Fq�,
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
All American Asphalt
P.O. Box 2229
Corona, CA 92878
(951) 736-7600
(951) 736-7646 fax
THIS AGREEMENT is made and entered into this 27 day of June, 2011, by and between
the City of Seal Beach, a California charter city ("City"), and All American Asphalt, a
General Contractor("Contractor").
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RECITALS
A. WHEREAS, the City Council has approved the plans and specifications for
the Seal Beach Boulevard Street Improvement Project, CIP No. ST1001 ("Project") with
respect to design criteria; and
B. WHEREAS, Contractor has submitted a bid to City for the Project dated
June 8, 2011 in the amount of $770,000.00 ("Accepted Proposal" hereinafter). The
Accepted Proposal is attached hereto as Exhibit G and contains, among other things,
provisions defining the Project scope.
NOW, THEREFORE, in consideration of performance by the parties of the
mutual promises, covenants, and conditions herein contained, the parties hereto agree
as follows:
AGREEMENT
1. Contractor's Services.
1.1 Scope and Level of Services. For and in consideration of the
mutual promises set forth herein, and subject to the terms and conditions set forth in
this Agreement, Contractor shall perform and complete in good and workmanlike
manner all work ("Work") required by this Agreement and the documents listed in
Subsection 1.2 for the Project.
1.2 Contract Documents. The "Contract Documents" that comprise the
agreement between the City and the Contractor are the: Notice Inviting Bids,
Instructions to Bidders, Accepted Proposal, Non-Collusion Affidavit, Bid Schedule(s),
List of Subcontractors, Contractor's Industrial Safety Record, Contractor's Qualification
Statement, Bid Security Forms for Check or Bond, Specifications, General and Special
Provisions and documents referenced therein, all addenda as prepared prior to the date
of bid opening setting forth any modifications or interpretations of any of said
documents, this Agreement, Exhibits attached to this Agreement, including but not
limited to the Performance Bond (Exhibit A), Payment Bond (Exhibit B), Workers'
Compensation Insurance Certificate (Exhibit C), Insurance Endorsements (Exhibit D),
Acknowledgment of Penal and Civil Penalties Concerning Contractor Licensing Laws
(Exhibit E), Labor Law Requirements (Exhibit F), Accepted Proposal (Exhibit G) and any
and all supplemental agreements executed amending or extending the Work
contemplated and that may be required to complete the Work in a substantial and
acceptable manner. These Contract Documents are hereby incorporated into this
Agreement.
1.3 The Work shall be performed in accordance with the Plans,
Specifications and other Contract Documents. Contractor shall furnish at its own
expense all labor, materials, equipment and services necessary therefor, except such
labor, materials, equipment and services as are specified in the Contract Documents to
be furnished by City.
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1.4 In the event of any material discrepancy between the express
provisions of this Agreement and the provisions of the other Contract Documents, the
provisions of this Agreement shall prevail.
2. Effective Date. This Agreement is effective as of June 27, 2011(the
"Effective Date"), and shall remain .in full force and effect until Contractor has rendered
the services required by this Agreement.
3. Payment. For performing and completing the Work in accordance with the
Contract Documents, City shall pay Contractor, in full compensation therefor, the
amount of $770,000.00 subject to any additions and deletions pursuant to the terms of
the Contract Documents. Said sum shall constitute payment in full for all work
performed hereunder, including, without limitation, all labor, materials, equipment, tools
and services used or incorporated in the Work, supervision, administration, overhead,
expenses and any and all other things required, furnished or incurred for completion of
the Work as specified in the Contract Documents. City shall make payments to
Contractor on account of the contract sum at the time, in the manner, and upon the
conditions specified in the Contract Documents.
4. Contractor's Personnel.
4.1 All Work shall be performed by Contractor or under Contractor's
direct supervision, and all personnel shall possess the qualifications, permits, and
licenses required by state and local law and by the Notice Inviting Bids/Instructions to
Bidders to perform such Services, including, without limitation, a City of Seal Beach
business license as required by the Seal Beach Municipal Code.
4.2 Contractor shall be responsible for payment of all employees'
wages and benefits, and shall comply with all requirements pertaining to employer's
liability, workers' compensation, unemployment insurance, and Social Security.
Contractor shall fully comply with the workers' compensation law regarding Contractor
and Contractor's employees.
4.3 Contractor shall indemnify and hold harmless City and its elected
officials, officers, employees, servants, designated volunteers, and agents serving as
independent contractors in the role of city officials, from any and all liabilities, damages,
claims, costs and expenses of any nature to the extent arising from Contractor's alleged
violations of personnel practices.
4.4 Contractor is, and shall at all times remain as to City, a wholly
independent contractor. Contractor shall have no power to incur any debt, obligation, or
liability on behalf of City or otherwise act as an agent of City. Neither City nor any of its
agents shall have control over the conduct of Contractor or any of Contractor's
employees, except as set forth in this Agreement. Contractor shall not, at any time, or
in any manner, represent that it or any of its officers, agents, or employees are in any
manner employees of City. Contractor shall pay all required taxes on amounts paid to
Contractor under this Agreement, and indemnify and hold City harmless from any and
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all taxes, assessments, penalties, and interest asserted against City by reason of the
work performed pursuant to this Agreement.
4.5 City shall have the right to offset against the amount of any fees
due to Contractor under this Agreement any amount due to City from Contractor as a
result of Contractor's failure to promptly pay to City any reimbursement or
indemnification arising under this Section 4.
•
5. Indemnification.
5.1 Contractor's Duty. Contractor shall defend, indemnify, and hold the
City, its elected officials, officers, employees, volunteers, agents, and those City agents
serving as independent contractors in the role of City officials (collectively
"Indemnitees") free and harmless from and against any and all claims (including, without
limitation, claims for bodily injury, death or damage to property), demands, obligations,
damages, actions, causes of action, suits, losses, bid protests, stop notices, judgments,
fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's
fees, disbursements and court costs) of every kind and nature whatsoever (individually,
a "Claim," collectively, "Claims"), in any manner arising out of or incident to the
performance of the Agreement, including without limitation, the payment of all
consequential damages and attorneys' fees and other related costs and expenses.
Further, Contractor shall appoint competent defense counsel, at Contractor's own cost,
expense and risk, to defend any and all such suits, actions or other legal proceedings of
every kind arising out of or incident to the performance of the Agreement that may be
brought or instituted against Indemnitees. Contractor shall pay and satisfy any
judgment, award or decree that may be rendered against City or the other Indemnitees
in any such suit, action, or other legal proceeding arising out of or incident to the
performance of the Agreement. Contractor shall reimburse the City and the other
Indemnitees, for any and all legal expenses and costs incurred by each of them in
connection therewith or in enforcing the indemnity herein provided. Contractor's
obligation to indemnify shall not be restricted to insurance proceeds, if any, received by
Contractor or Indemnitees. This indemnity shall apply to all Claims and liability
regardless of whether any insurance policies are applicable.
5.2 Bid Protests. In addition to its obligations pursuant to Section 5.1,
Contractor shall reimburse the City for all attorneys' fees and costs incurred by City in
connection with, arising out of or incident to any bid protest.
5.3 City's Sole Negligence. Nothing in Section 5.1 shall be construed
to require Contractor to indemnify Indemnitees for that portion of any Claim to the extent
arising from the sole negligence or willful misconduct of the Indemnitees.
5.4 Nonwaiver of Rights. Indemnitees do not, and shall not, waive any
rights that they may possess against Contractor because of the acceptance by City, or
the deposit with City, of any insurance policy or certificate required pursuant to this
Agreement.
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5.5 Waiver of Right of Subrogation. Contractor, on behalf of itself and
. all parties claiming under or through it, hereby waives all rights of subrogation against
the Indemnitees, while acting within the scope of their duties, from all claims, losses,
and liabilities arising out of or incident to activities or operations performed by or on
behalf of the Indemnitor.
5.6 Survival. The provisions of this Section 5 shall survive the
termination of the Agreement and are in addition to any other rights or remedies that
Indemnitees may have under the law. Payment is not required as a condition precedent
to an Indemnitee's right to recover under this indemnity provision, and an entry of
judgment against a Contractor shall be conclusive in favor of the Indemnitee's right to
recover under this indemnity provision.
6. Insurance.
6.1 Liability Insurance. Contractor shall procure and maintain in full
force and effect for the duration of this Agreement insurance against claims for injuries
to persons or damages to property which may arise from or in connection with the
performance of the services hereunder by Contractor, and its agents, representatives,
employees and subcontractors. The policy limits set forth below do not act as a
limitation upon the amount of indemnification to be provided by Contractor. Contractor
shall complete and execute the following documents attached as Exhibits hereto and
incorporated herein by this reference:
6.1.1 Exhibit D-1: Additional Insured Endorsement -
Commercial General Liability.
6.1.2 Exhibit D-2: Additional Insured Endorsement -
Automobile Liability.
6.1.3 Exhibit D-3: Additional Insured Endorsement.
6.2 Minimum Scope of Insurance. Unless otherwise approved by City,
coverage shall be at least as broad as:
6.2.1 Insurance Services Office Commercial General Liability
coverage (occurrence form CG 0001).
6.2.2 Insurance Services Office form number CA 0001 (Ed.
1/87) covering Automobile Liability, code 1 (any auto).
6.2.3 Insurance Services Office form number CG 20 10 11 85
(Ed. 11/85) covering Additional Insured—Owners, Lessees or Contactors (Form B).
6.2.4 Workers' Compensation insurance as required by the
State of California and Employer's Liability Insurance.
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6.3 Minimum Limits of Insurance. Contractor shall maintain limits no
less than:
6.3.1 General Liability: $2,000,000 per occurrence and in the
aggregate for bodily injury, personal injury and property damage. Commercial General
Liability Insurance or other form with a general aggregate limit shall apply separately to
this Agreement or the general limit shall be twice the required occurrence limit.
6.3.2 Automobile Liability: $2,000,000 per occurrence for bodily
injury and property damage.
6.3.3 Employer's Liability: $1,000,000 per occurrence and in
the aggregate for bodily injury or disease and Workers' Compensation Insurance in the
amount required by law.
6.4 Deductibles and Self-Insured Retentions. Contractor shall inform
City of any deductibles or self-insured retentions except with respect to any professional
liability insurance.
6.5 Other Insurance Provisions. The general liability and automobile
liability policies are to contain, or be endorsed to contain, the following provisions:
6.5.1 City, its officers, officials, employees, designated
volunteers and agents serving as independent contractors in the role of City officials,
are to be covered as additional insureds as respects: liability arising out of activities
performed by or on behalf of Contractor; products and completed operations of
Contractor; premises owned, occupied or used by Contractor; or automobiles owned,
leased, hired or borrowed by Contractor. The coverage shall contain no limitations on
the scope of protection afforded to City, its officers, officials, employees, designated
volunteers or agents serving as independent contractors in the role of City officials
which are not also limitations applicable to the named insured.
6.5.2 For any claims related to this Agreement, Contractor's
insurance coverage shall be primary insurance as respects City, its officers, officials,
employees, designated volunteers and agents serving as independent contractors in the
role of City officials. Any insurance or self-insurance maintained by City, their officers,
officials, employees, designated volunteers or agents serving as independent
contractors in the role of City officials shall be excess of Contractor's insurance and
shall not contribute with it.
6.5.3 Contractor's insurance shall apply separately to each
insured against whom claim is made or suit is brought, except with respect to the limits
of the insurer's liability.
6.5.4 Each insurance policy required by this Section 6 shall be
endorsed to state that coverage shall not be canceled or materially modified except
after 30 days prior written notice by first class mail has been given to City.
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6.5.5 Each insurance policy, except for any professional
liability policy, required by this Section 6 shall expressly waive the insurer's right of
subrogation against City and its elected officials, officers, employees, servants,
attorneys, designated volunteers, and agents serving as independent contractors in the
role of city or agency officials.
6.6 Acceptability of Insurers. Insurance is to be placed with insurers
with a current A.M. Best's rating of no less than A:VIIl unless waived in writing by City's
Risk Manager.
6.7 Verification of Coverage,. All insurance coverages shall be
confirmed by execution of endorsements on forms approved by the City. The
endorsements are to be signed by a person authorized by that insurer to bind coverage
on its behalf. All endorsements are to be received and approved by City before
services commence. As an alternative to City forms, Contractor's insurer may provide
complete, certified copies of all required insurance policies, including endorsements
effecting the coverage required by these specifications.
7. Liquidated Damages. Should the Contractor fail to complete the project,
or any part thereof, in the time agreed upon in the Contract, the Contractor shall
reimburse the City for the additional expense and damage for each calendar day that
the Contract remains uncompleted after the Contract completion date. It is agreed that
the amount of such additional expense and damage incurred by reason of failure to
complete the Contract is the per diem rate of $750 per calendar day. Such amount is
hereby agreed upon as liquidated damages for the loss to the City resulting from the
failure of the Contractor to complete the project within the allotted time and to the value
of the operation of the works dependent thereon. It is expressly understood and agreed
that this amount is a reasonable amount and is established in lieu of damages that are
incapable of calculation at the inception hereof; and this amount is not to be considered
in the nature of a penalty. The City shall have the right to deduct such damages from
any amount due, or that may become due to the Contractor, or the amount of such
damages shall be due and collectible from the Contractor or the Contractor's Surety.
Progress payments made after the scheduled completion date shall not constitute a
waiver of liquidated damages.
8. Suspension. City may, in writing, order Contractor to suspend all or any
part of the Contractor's Services for the convenience of City or for work stoppages
beyond the control of City or Contractor. A suspension of the Services does not void
this Agreement.
9. Notices. Any notices, bills, invoices, or reports authorized or required by
this Agreement shall be in writing and shall be deemed received on (a) the day of
delivery if delivered by hand or overnight courier service during Contractor's and City's
regular business hours or by facsimile before or during Contractor's regular business
hours; or (b) on the third business day following deposit in the United States mail,
postage prepaid, to the addresses heretofore set forth in the Agreement, or to such
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other addresses as the parties may, from time to time, designate in writing pursuant to
the provisions of this Section. All notices shall be addressed as follows:
If to City: City Clerk
City of Seal Beach
211-8th Street
Seal Beach, California 90740
•
Telephone: (562) 431-2527
Fax: (562) 493-9857
With a copy to:
Public Works Director
City of Seal Beach
211-8th Street
Seal Beach, California 90740
If to Contractor: All American Asphalt
P.O. Box 2229
Corona, CA 92878
Telephone: 951 736-7600
Fax: 951 736-7646
Attn: Daniel Sisemore, President
10. Non-Assignability; Subcontracting. Contractor shall not assign, transfer,
or subcontract any interest in this Agreement or the performance of any of Contractor's
obligations hereunder. Any attempt by Contractor to so assign, transfer, or subcontract
any rights, duties, or obligations arising hereunder shall be null, void and of no effect.
11. Compliance with Laws. Contractor shall comply with all applicable federal,
state and local laws, ordinances, codes and regulations in force at the time Contractor
performs the Services.
12. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of
any one or more of the conditions of performance under this Agreement shall not be a
waiver of any other condition of performance under this Agreement. In no event shall
the making by City of any payment to Contractor constitute or be construed as a waiver
by City of any breach of covenant, or any default which may then exist on the part of
Contractor, and the making of any such payment by City shall in no way impair or
prejudice any right or remedy available to City with regard to such breach or default.
13. Attorneys' Fees. In the event that either party to this Agreement shall
commence any legal action or proceeding to enforce or interpret the provisions of this
Agreement, the prevailing party in such action or proceeding shall be entitled to recover
its costs of suit, including all attorneys' fees incurred in connection therewith.
14. Construction. The validity, interpretation, and performance of this
Agreement shall be controlled by and construed under the laws of the State of
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S
California. In the event of any asserted ambiguity in, or dispute regarding the
interpretation of any matter herein, the interpretation of this Agreement shall not be
resolved by any rules of interpretation providing for interpretation against the party who
'causes the uncertainty to exist or against the party who drafted the Agreement or who
drafted that portion of the Agreement. ,
15. Entire Agreement. This Agreement, including any other documents
incorporated herein by specific reference, represents the entire and integrated
agreement between Contractor and City. This Agreement supersedes all prior oral or
written negotiations, representations, or agreements. This Agreement may not be
amended, nor any provision or breach hereof waived, except in a writing signed by the
parties which expressly refers to this Agreement.
16. Severability. The invalidity in whole or in part of any provisions of this
Agreement shall not void or affect the validity of the other provisions of this Agreement.
IN WITNESS WHEREOF, the parties, through their respective authorized
representatives, have executed this Agreement as of the date first written above.
CITY OF SEAL BEACH CONTRACTOR:
By: % f By: ,499Z0,-,-i744..)2_,_
el R. Ingram, City nager
Name: Daniel Sisemore
Title: President
Attest:
By 6/4/4 ( By `�Devine, City tler
Name: x ber* Zra.dtej
Title: \lCe PreCIrCILA31—
Approved as to Form:
By: � 62121
Quinn M. Barrow, City Attorney
•
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
County of Riverside
On June 17, 2011 before me, Carmen Marie Ochoa,Notary Public
Date Here Insert name and Title of the Officer
personally appeared Daniel Sisemore and Robert Bradley
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s) dare subscribed to the within instrument
and acknowledged to me that IFie/they executed the same in
l Per/their authorized capacity(ies), and that by kitalitritheir
signature(s) on the instrument the person(s), or the entity upon behalf
CARMEN MARIE OCHOA of which the person(s)acted,executed the instrument.
-„ Commission # 1812634
11-$: N Notary Public-California : I certify under PENALTY OF PERJURY under the laws of the State of
` '4t' Riverside County California that the forgoing paragraph is true and correct.
My Comm.Expires Sep 8,2012
WITNESS my hand and official seal.
Signature ear/Vnal % OCJIATI/
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law,it may prove valuable to person 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 ❑ Partner—❑Limited❑General RIGHT THUMBPRINT
RIGHT.THUMBPRINT OF SIGNER
❑Attorney in Fact OF SIGNER ❑Attorney in Fact
Top of thumb here
❑Trustee Top of thumb here ❑Trustee
❑Other: ❑Other:
Signer is Representing: Signer is Representing:
•
Executed in three (3)Counterparts
Bond No. 7623785 Bond Premium $3,273.00
Premium is for contract term and is subject
PERFORMANCE BOND to adjustment based on final contract price
KNOW ALL PERSONS 8Y THESE PRESENTS that
WHEREAS the City of Seal Beach,has awarded All American Asphalt
400 East Sixth Street,Corona, CA 92879
-
(Name and address of Contractor)
("Principal"),a contract(the"Contract")for the work described as follows:
SEAL BEACI5BOULEVARD STREET INIPROVEMEU PROJECT NO.ST1001
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 Fidelity and Deposit Company of Maryland
801 North Brand Boulevard, Glendale, CA 91203
(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
Seven Hundred Seventy Thousand and.No/100ths
Dollars (S 770,000.00 }, 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 01?THIS OBLIGATION IS SUCH.THAT,if the hereby bounded Principal,his,her
or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and
well and truly keep and perform all the undertakings, terms, covenants, conditions and agreements in the
Contract and any alteration thereof made as therein provided, on the Principal's part to be kept and
performed,all within the time and in the manner therein specified, and in all respects according to their true
intent and meaning, and shall indemnify and hold harmless the Public Agency, its officers, agents, and
others as therein provided,then this obligation shall become null and void; otherwise,it shall be and remain
in full force and effect.
In case suit is brought upon this bond,Surety further agrees to pay all court costs and reasonable attorneys'
fees in an.amount fixed by the court.
FURTHER,the Surety, for value received,hereby stipulates and agrees that no change,extension of time,
alteration,addition or modification to the terms of the Contract,or of the work to be performed there under,
or the specifications for the same, shall in any way affect its obligations under this bond,and it does hereby
waive notice of any such change, extension of time,alteration,addition, or modification to the terms of the
Contract or to the work or to the specifications there under. Surety hereby waives the provisions of
California Civil Code §§ 2845 and 2849. The City is the principal beneficiary of this bond and has all
rights of a party hereto. EN 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 representatives)pursuant to authority of its governing body.
Page D-72
• •
Dated: June 16, 2011
"Principar "Surety"
AU American Asphalt Fidelity and Deposit Company of Maryland
BY: ���i%/1'%/ By:
ts •ba-F- Brad ' 'ec (ir:add"- Its
Rebecca Haas-Bates, Attorney-in-Fact
By: By:
Its CI()- tm.X1 �Cif'tfu Its
(Seal) (Seal)
Note: This bond must be dated, all signatures must be notarized, and
evidence of the authority of any person signing as attorney-in-fact must be
attached.
Page D-73
• •
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
County of Riverside
On June 22, 2011 before me, Carmen Marie Ochoa,Notary Public
Date Here Insert name and Title of the Officer
personally appeared Robert Bradley and Mark Luer
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 e/they executed the same in
i /their authorized capacity(ies), and that by hisilwitheir
signature(s) on the instrument the person(s), or the entity upon behalf
CARMEN MARIE OCHOA - of which the person(s)acted,executed the instrument.
_ � Commission# 1812634
Notary Public-California I certify under PENALTY OF PERJURY under the laws of the State of
Riverside County - California that the forgoing paragraph is true and correct.
My Comm.Expires Sep 8,2012
WITNESS mA hand and official seal.
.�j�
Signature a '� // /alC.Q
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law,it may prove valuable to person 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: Robert Bradley Signer's Name: Mark Luer
❑Individual ❑Individual
X Corporate Officer—Title(s): Vice President X Corporate Officer—Title(s): Secretary
❑Partner—❑Limited❑General ❑Partner—❑Limited❑General
RIGHT=THUMBPRINT RIGHT THUMBPRINT,;
❑Attorney in Fact r OF SIGNER ❑Attorney in Fact OF SIGNER;•
❑Trustee Top of thumb here Top of thumb here
❑Trustee
❑Other: ❑Other:
Signer is Representing: Signer is Representing:
All American As'halt All American As•halt
• s
•
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
-•. ••. •.--• , •_ -• •v- ..- - ,�,.�, •
State of California
County of Orange
On 06/16/2011 before me, A.Wilkison, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Rebecca Haas-Bates
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person(s).whose name(s) is/afe subscribed to the
within instrument and acknowledged to me that
be/she/they executed the same in his/her/the+f authorized
°� A. WILKISON capacity(ies), and that by his/her/their signature(s)-on the
Commission# 1866283 instrument the person(e or the entity upon behalf of
- Notary Public-California i
Z ^ _ Orange County > which the person4s) acted, executed the instrument.
My Comm.Expires Sep 26,2013
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
Place Notary Seal Above Signature of Notary Public
OPTIONAL
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and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: Performance Bond#7623785
Document Date: 06/16/2011 Number of Pages: Two (2)
Signer(s) Other Than Named Above: All American Asphalt
Capacity(ies) Claimed by Signer(s)
Signer's Name: Rebecca Haas-Bates Signer's Name:.
❑ Individual ❑ Individual
• Corporate Officer—Title(s): ❑Corporate Officer—Title(s):
i Partner—❑ Limited ❑ General R THUMBPRINT ❑ Partner—❑ Limited ❑ General THUMBPRINT
Xi Attorney in Fact OF StGNER' 0 Attorney in Fact OF SIGNER
Top of thumb here Top of thumb here
El Trustee ❑Trustee
• Guardian or Conservator 0 Guardian or Conservator
• Other: ❑Other:,
Signer Is Representing: Signer Is Representing:
Fidelity and Deposit Company of Marylan•
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®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 Three (3)Counterparts
Bond No. 7623785 Bond plum Included in Performance Bond
PAYMENT BOND
(LABOR AND MATERIALS)
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Seal Beach,has awarded to All American Asphalt
400 East Sixth Street, Corona, CA 92879
(Name and address of Contractor) •
("Principal"),a contract(the"Contract")for the work described as follows:
SEA,5EA,J,LBEACH BOULEVARD STREET IMPROVEMENT PROJECT NO.STi QO 1
WHEREAS,Principal is required under the term of the Contract and the California Civil Code to secure
tie payment of claims of laborers,mechanics,matorialmen,and other persons as provided by law.
NOW,THEREFORE,we,the undersigned Principal,and Fidelity and Deposit Company of Maryland
801 North Brand Boulevard, Glendale, CA 91203
(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
Three Hundred Eighty Five Thousand and NO/100ths
Dollars($ 385,000.00 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 wort.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 31.81 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 tune,
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
Page D-75
• •
Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of
California Civil Code §§2845 and 2849.
IN WITNESS WREREOF, 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 representatives)pursuant to authority of its governing body.
Dated: June 16, 2011
• "Principal" "Surety"
All American Asphalt Fidelity and Deposit Company of Maryland
Y;
Its t - - :' Its
B,. %��/� By: Rebecca Haas-Bates,Attorney-in-Fact
Its Mar ` L I 'c rc Its
(Seal) (Seal)
Note: This bond must be dated,all signatures must be notarized, and evidence of the
authority of any person signing as attorney-in-fact must be attached.
Page D-76
. •
•
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
County of Riverside
On June 22, 2011 before me, Carmen Marie Ochoa,Notary Public
Date Here Insert name and Title of the Officer
personally appeared Robert Bradley and Mark Luer
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 e/they executed the same in
his /their authorized capacity(ies), and that by ! /their
signature(s) on the instrument the person(s), or the entity upon behalf
�.� CARMEN MARIE OCHOA of which the person(s)acted,executed the instrument.
Commission# 1812634
%9i Notary Public-California I certify under PENALTY OF PERJURY under the laws of the State of
Riverside County California that the forgoing paragraph is true and correct.
My Comm.Expires Sep 8,2012
WITNESS my viand and official seal.
Signature <f 6 -4 aux
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law,it may prove valuable to person 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: Robert Bradley Signer's Name: Mark Luer
o Individual o Individual
X Corporate Officer—Title(s): Vice President X Corporate Officer—Title(s): Secretary
o Partner—o Limited o General o Partner—o Limited o General -
RIGHT THUMBPRINT RIGHT THUMBPRINT
o Attorney in Fact - ' OF SIGNER I:': o Attorney in Fact OF SIGNER
❑Trustee Top of thumb here Top of thumb here
❑Trustee
o Other: o Other:
Signer is Representing: Signer is Representing:
All American As shalt All American As•halt
. • 0 .
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
sa<w ,, 1a c�1,. . -J�c.s>h.,a'9a.?a.
•
EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior
Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages,...and to affix the seal of the Company thereto."
CERTIFICATE
I,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify
that the foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do further certify that
the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized
by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the
Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on
the 10th day of May, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically
reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or
hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and
binding upon the Company with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said Company,
16th June 2011
this_ day of ,
Assistant Secretary
• 0 .
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a
corporation of the State of Maryland,by WILLIAM J.MILLS,Vice President,and GREGORY E.MURRAY,Assistant
Secretary,in pursuance of authority granted by Article VI, Section 2,of the By-Laws of said I 1pp�y,which are set forth on
the reverse side hereof and are hereby certified to be in full force and effect on the dal -,#- &hereby nominate,
constitute and appoint William SYRKIN,Rebecca HAAS-BATES a l 5!s • ' : U'i f Irvine,California,
EACH its true and lawful agent and Attorney-in-Fact,to mak 't�� a 'v- `• ;r• , • ' behalf as surety,and
as its act and deed: any and all bonds and undert� 45, ecu .ss..-�p ∎'t 0•:- or undertakings in pursuance of
these presents,shall be as binding upon • rr � 1 s d ��� 4 t∎ .1 ents and purposes,as if they had been
duly executed and acknowled: ` y ele =E 1 rs� -r l ompany at its office in Baltimore,Md.,in their
own proper persons i N4er m -- AI►,- .�. 'e• on behalf of William SYRKIN,Rebecca HAAS-BATES,
Sergio D.BECHA" and . *n. ed April 8,2008.
The said Assistant 'es el<eby certify that the extract set forth on the reverse side hereof is a true copy of Article VI,
Section 2,of the By-L4V-s`Cifisaid Company,and is now in force.
IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and
affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 25th day of
September,A.D.2009.
ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND
'*p OEPOsi
•a o
..... s
4 1>1i1 ' (�-_d , r i,i,ta. ..f• f;'t,
By: .
Gregory E. Murray Assistant Secretary William J. Mills Vice President
State of Maryland 1 ss:
City of Baltimore f
On this 25th day of September, A.D. 2009, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came WILLIAM J. MILLS,Vice President,and GREGORY E. MURRAY, Assis:ant Secretary
of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,to me personally known to be the individuals and officers
described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being
by me duly sworn,severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid,
and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal
and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of
the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above
written.
r'f hl IC.;E.,. 9kitA4e:C.
Maria D.Adamski Votary Public
My Commission Expires: July F,2011
POA-F 012-0033