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HomeMy WebLinkAboutAGMT - All American Asphalt (Studebaker Off-Ramp, ST1106) 43 RECORDING REQUESTED BY Recorded in Official Records, Orange County Tom Daly, Clerk-Recorder AND WHEN RECORDED MAIL TO II IIII I II 10111111011 ill I II IIII II NO FEE CITY OF SEAL BEACH * $ 8 0 0 0 5 2 8 6 0 1 0 $ * Attn: City Clerk I 2012000662676 9:16 am 10130/12 211 - 8th Street 62 417 N12 1 Seal Beach, CA 90740 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 'l l Space of above this line for Recorder's use. *** No Recording Fee Pursuant to Government Code Section 6103,_27383.*_*!*_ ._ 0Yr- NOTICE OF COMPLETION Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. Notice is hereby given that: 1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described: 2. The full name of the owner is: City of Seal Beach. 3. The address of the owner is: 211 –8th Street, Seal Beach, CA 90740. 4. The nature of the interest or estate of the owner is: In Fee. The City of Seal Beach. 5. A work of improvement on the property hereinafter is described as substantially completed on August 3, 2012. The work was College Park Dr/Studebaker Off Ramp ST1106. 6. The name of the contractor(s), if any, for such improvement was: All American Asphalt The date of the Contract Award was May 14, 2012. 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: Old Town, City of Seal Beach. Date:-1012-2.112 / „dit rector of Public Works, City o/ eal Beach Signature of owner or corporal- officer of owner named in paragraph 2 or agent. VERIFICATION I, the undersigned, say: the Director of Public Works declarant of the foregoing notice of completion; have read said notice of completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury the foregoing is true and correct. Executed on iOZ Z/ lz _, 2012, at Seal Beach, California. ( ate of�Signature) Director o'ublic I"s, City of S'al Beach _ PUBLIC WORKS AGREEMENT FOR COLLEGE PARK DRIVE/22 FREEWAY STUDEBAKER OFF-RAMP PROJECT CIP NO. ST1106 between -F SEAL 8`44, ' -4,ockP ORq jF F',0t,,I pitpkw i*% 's*$ • II�9Y�,�f Q':'�i �e#NFogFA27 19----- C-- 44g)(1NT`l,C.- City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 & All American Asphalt 400 East 6th Street Corona, CA 92878 (951) 736-7600 (951) 736-7646 - FAX THIS AGREEMENT is made as of May 14, 2012, by and between the City of Seal Beach, a California charter city ("City"), and All American Asphalt, a General Contractor ("Contractor"). RECITALS WHEREAS, the City Council has approved the plans and specifications for the College Park Drive/22 Freeway Studebaker Off Ramp Project CIP No. ST1106 ("Project") with respect to design criteria; and WHEREAS, Contractor has submitted a bid to City for the Project dated March 29, 2012 in the amount of $460,000.00 ("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 Contractor's Services. 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. 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. 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. 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. Effective Date. This Agreement is effective as of April 9, 2012 (the "Effective Date"), and shall remain in full force and effect until Contractor has rendered the services required by this Agreement. Payment. For performing and completing the Work in accordance with the Contract Documents, City shall pay Contractor, in full compensation therefor, the amount of $460,000.00, 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. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization. Contractor's Personnel. 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. 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. 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. 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 all taxes, assessments, penalties, and interest asserted against City by reason of the work performed pursuant to this Agreement. 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. Indemnification. 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. 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. 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. 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. 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. 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. Insurance. 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: Exhibit D-1: Additional Insured Endorsement - Commercial General Liability. Exhibit D-2: Additional Insured Endorsement - Automobile Liability. Exhibit D-3: Additional Insured Endorsement. Minimum Scope of Insurance. Unless otherwise approved by City, coverage shall be at least as broad as: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). Insurance Services Office form number CG 20 10 11 85 (Ed. 11/85) covering Additional Insured—Owners, Lessees or Contactors (Form B). Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. Minimum Limits of Insurance. Contractor shall maintain limits no less than: 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. Automobile Liability: $2,000,000 per occurrence for bodily injury and property damage. 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. Deductibles and Self-Insured Retentions. Contractor shall inform City of any deductibles or self-insured retentions except with respect to any professional liability insurance. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 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. 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. 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. 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. 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. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VIII unless waived in writing by City's Risk Manager. 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. 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 $750.00 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. 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. 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 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 400 East 6th Street Corona, CA 92878 Telephone: (951) 736-7600 Fax: (951) 736-7646 Attn: Robert Bradley, Vice President 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. 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. 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. 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. exist or against the party who drafted the Agreement or who drafted that portion of the Agreement. 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. 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: %`. ' 0' ,' / B . Ingram, City ager LUi2,( Name: Mrk. Attest: Title: liresArktiv-\-- By: , Li da Devine, City Clerk Name: Approved as to Form: t Title: RRI M c t\ affv:-cS i Sec1re-1-6l By: Quinn . Barrow, City Attorney • • CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Riverside On April 2, 2012 before me, Carmen Marie Ochoa, Notary Public Date Here Insert name and Title of the Officer personally appeared Mark Luer and Michael Farkas 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 kisiliefltheir authorized capacity(ies), and that by hisolcieritheir CARMEN MARIE UCHUA signature(s) on the instrument the person(s), or the entity upon behalf • �- •: Commission# 1812634 of which the person(s)acted,executed the instrument. a# .•,:p Notary Public-California `" ' Riverside County I certify under PENALTY OF PERJURY under the laws of the State of My Comm. Expires Sep 8,2012 California that the forgoing paragraph is true and correct. WITNESS my bind and official seal. mQ/t.(e V 7� Signature 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: Mark Luer Signer's Name: Michael Farkas o Individual o Individual X Corporate Officer—Title(s): 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 o Attorney in Fact OF SIGNER ❑Trustee Top of thumb here Top of thumb here o Trustee ❑Other: o Other: Signer is Representing: Signer is Representing: All American As shalt All American As.halt i EXHIBIT A FAITHFUL PERFORMANCE BOND Exhibit A,Page I Executed in Three Counterparts Premium is for contract term and it subject Bond No. 7628931 Bond Premium$1,718.00 to adjustment based on filial contract price FAITHFUL PERFORMANCE BOND KNOW ALL PERSONS BY 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: College Park Drive/22 Freeway Studebaker Off-Rama Project CIP No.ST1106. 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 777 S. Figueroa Street, Suite 3900, Los Angeles, CA 90017 (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 Four Hundred Thirty Five Thousand and 00/100 Dollars($435,000.00 ),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 OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs,executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform all the undertakings, terms, covenants, conditions and agreements in the Contract and any alteration thereof made as therein provided,on the Principal's part to be kept and performed,all within the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and hold harmless the Public Agency, its officers, agents, and others as therein provided, then this obligation shall become null and void;otherwise,it shall be and remain in full force and effect. In case suit is brought upon this bond,Surety further agrees to pay all court costs and reasonable attorneys'fees in an amount fixed by the court. FURTHER, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration,addition or modification to the terms of the Contract,or of the work to be performed there under, or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration, addition. or modification to the terms of the Contract or to the work or to the specifications there under. Surety hereby waives the provisions of California Civil Code§§2845 and 2849. The City is the principal beneficiary of this bond and has all rights of a party hereto. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Dated: April 9, 2012 "Principal" "Surety" All American Asphalt Fidelity and Deposit Company of Maryland Exhibit A,Page 2 By: is • - ,t ICe.VS Its Rebecca Haas-Bates,Attorney-in-Fact By: lab` By: Its Nl ae • rKct.S I Its �eerc xj (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. Exhibit A,Page 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Riverside On April 17, 2012 before me, Carmen Marie Ochoa, Notary Public Date Here Insert name and Title of the Officer personally appeared Robert Bradley and Michael Farkas 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 /they executed the same in l -/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 ,=m -r�,�, Notary Public-California I I certify under PENALTY OF PERJURY under the laws of the State of Z 4,4/ Riverside County California that the forgoing paragraph is true and correct. My Comm.Expires 8,2012 _ Sep WITNESS my nd and official seal. , Signature C OIMMi 4 (� --e n� Place Notary Seal Above Slgnatu146W--e 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: Michael Farkas ❑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 OF SIGNER CI 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 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On 04/09/2012 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 es) whose name(s) is/ere subscribed to the within instrument and acknowledged to me that fie/she/they executed the same in+i9/her/their authorized capacityfies), and that by l iis/her/geiF signatures}on the instrument the person*, or the entity upon behalf of which the persons}acted, executed the instrument. �� A.WILKISON , ,�, . Commission # 1666283 I certify under PENALTY OF PERJURY under the laws z ftl Notary Public-California z of the State of California that the foregoing paragraph is z fir. J Orange County , true and correct. My Cp1mm.Expires Sep 26, 1013 c•i WITNESS my hand and official seal. 1 Signature Place Notary Seal Above 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: Faithful Performance Bond No. 7628931 Document Date: 04/09/2012 Number of Pages: Three (3) 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): O Partner—❑Limited 0 General RsexTTr�ui�Bt ttrrr ❑ Partner—❑ Limited 0 General RtGHTTHIJNBPRl1YT 0 Attorney in Fact OF SIGNER _)Attorney in Fact OF SIGNER' Top of thumb here Top of thumb here • Trustee 0 Trustee O Guardian or Conservator 0 Guardian or Conservator • Other: 0 Other: Signer Is Representing: Signer Is Representing: Fidelity and Deposit Company of Maryland ._. .:•' ^.w. ...:* s . sn c..c to-tcc : c��t^!���k .w t-4-cs�wN.s v t^ ^u^ o ^ 1444.^ _ _: ( 02007 National Notary Association•9350 De Soto Ave..P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotary.org Item 45007 Reorder:Call Toll-Free 1-800-876-6827 EXHIBIT B PAYMENT BOND Exhibit B,Page 1 Executed in Three Counterparts Bond No. 7628931 Bond Premium 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: College Park Drive/22 Freeway Studebaker Off-Rama Project CIP No.ST1106. WHEREAS, Principal is required under the terms of the Contract and the California Civil Code to secure the payment of claims of laborers,mechanics,materialmen,and other persons as provided by law. NOW,THEREFORE,we,the undersigned Principal,and Fidelity and Deposit Company of Maryland 777 S. Figueroa Street, Suite 3900, Los Angeles, CA 90017 (Name and address of Surety) ("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Public Agency in the penal sum of Two Hundred Seventeen Thousand Five Hundred and 00/100 Dollars(S 217,500.00 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 Califomia Civil Code, or any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to work or labor performed under the Contract, the Surety will pay for the same in an amount not exceeding the penal sum specified in this bond;otherwise,this obligation shall become null and void. This bond shall insure to the benefit of any of the persons named in Section 3181 of the California Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon the bond. In case suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys'fees in an amount fixed by the court. FURTHER, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition or modification to the terms of the Contract, or of the work to be performed thereunder,or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration, addition, or modification to the terms of the Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code§§ 2845 and 2849. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the Exhibit B,Page 2 name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s)pursuant to authority of its governing body. Dated: April 9, 2012 "Principal" "Surety" All American Asphalt Fidelity and Deposit Company of Maryland By: ZirAir-o rnp Bv: 0• �- � �y 9 v irtKf • Its e ecca aas-Ba es, ttorne -in-Fact By: By: Its IC QC eur it Its Secre-trA (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. Exhibit B,Page 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Riverside On April 17, 2012 before me, Carmen Marie Ochoa,Notary Public Date Here Insert name and Title of the Officer personally appeared Robert Bradley and Michael Farkas 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 Ws/kw/their authorized capacity(ies), and that by his/Wm/their signature(s) on the instrument the person(s), or the entity upon behalf rdt.12:11:45m‘strgElltARIE OCHOA of which the person(s)acted,executed the instrument. Commission # 1812634 Z;gym Notary Public-California ; I certify under PENALTY OF PERJURY under the laws of the State of a `t'.! Riverside County California that the forgoing paragraph is true and correct. My Comm.Expires Sep 8.2012 WITNESS m and and official seal. // Signature J� ��%I � /t-liC.- . 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) Signers Name: Robert Bradley Signer's Name: Michael Farkas 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 ❑Attorney in Fact .OF.SIGNER 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•halt All American As•halt CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT k� - . - � - - State of California County of Orange On 04/09/2012 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(*) whose name(s) is/eie subscribed to the within instrument and acknowledged to me that I'm/she/they executed the same in ills/her/their authorized capacity(ies), and that by Iiis/her/theic signature(s}on the instrument the person(s}, or the entity upon behalf of which the persons}acted, executed the instrument. A.wILKISON I certify under PENALTY OF PERJURY under the laws Commission# 1866283 Z of the State of California that the foregoing paragraph is Notary Public-California > true and correct. -..7- Orange County My Comm.Expires Sep 26,2013 WITNESS my hand and official seal. Signature ---- Place Notary Seal Above 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: Payment Bond No. 7628931 Document Date: 04/09/2012 Number of Pages: Three (3) 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): O Partner—0 Limited ❑ General ❑Partner—❑ Limited 0 General RIGHTTHUT:49Pfi1N RIGHTTHU,ABPRMT 12 Attorney in Fact OF SIGNER _,Attorney in Fact OF SIGNER'- Top of thumb here Top of thumb here 0. Trustee Trustee • Guardian or Conservator Guardian or Conservator O Other: 0 Other: Signer Is Representing: Signer Is Representing: Fidelity and Deposit Company of Maryland y-.N4'ri.-ay:y.y'y.i-.vim-✓.y-'.d 'd'd--rii-u.e;.✓'v-i•y'✓'v.-d-arG-a.'�/, "a'4v'r•'_d4'er-� v'y.•y d•v-v'`'✓S'es-v.•.v.y a+i•✓ _y ©2007 National Notary Ase a'adon•9350 De Soto Ave..P.O.Box 2402•Chatsworth,CA 91313-2402•www.NalionatNotary.org Item 45907 Reorder Call Toll-Free 1.800-876-6827 • 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, this 9th day of April , 2012 Assistant Secretary • 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 FRANK E.MARTIN JR.,Vice President,and ERIC D.BARNES,Assistant Secretary,in pursuance of authority granted by Article V1,Section 2,of the By-Laws of said etniVny,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the d. _ Whereby nominate, constitute and appoint William SYRKIN,Rebecca HAAS-BATES,Se.• : i4 r_'' ' ' ADAIR and P. PP s� BAUER,all of Glendale,California, EACH its true and la�e�„,,,, ". ne -•• u. ,execute,seal and deliver,for,and on its behalf as surety,and as its ac .o• 'i E1��•ns ay�ir'': "y' • •ertakings,and the execution of such bonds or undertakings in pursuance •,,t �� •. •, hall •e. i p,,51 ." said Company,as fully and amply,to all intents and purposes,as if the N ai ,O ecut•• . weal 1 :b • by the regularly elected officers of the Company at its office in Baltimo ����•�� th • n b ••,�+ :j�y ►Vi power of attorney revokes that issued on behalf of Richard ADAIR,P.BAUER '► :' e `'� 40 The said Assistant .a•aft s''e eby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2,of the By- Ir s • said 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 27th day of June, A.D.2011. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND 'gyp 9tP0.s,,r v •o a ine By: Eric D. Barnes Assistant Secretary Frank E. Martin Jr. Vice President State of Maryland ss: City of Baltimore f On this 27th day of June, A.D. 2011, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified,came FRANK E. MARTIN JR.,Vice President, and ERIC D. BARNES, Assistant 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. ```,fi,i,,J'y Constance A. Dunn Notary Public My Commission Expires: July 14,2015 POA-F 012-0033D