HomeMy WebLinkAboutAGMT - All American Asphalt (CPE Resurfacing) - •
Recorded in Official Records, Orange County
RECORDING REQUESTED BY Torn Daly, Clerk-Recorder
111111111111113111111111111111111110111111111111111111 NO FEE
AND WHEN RECORDED MAIL TO
2010000544239 11:28 am 10118;10
CITY OF SEAL BEACH 276 421 N12 1
Attn: City Clerk 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
211 - 8th Street
Seal Beach, CA 90740
Space of above this line for Recorder's use.
*** No Recording Fee Pursuant to Government Code Section 6103, 27383 ****
NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion.
Notice is hereby given that:
1. The undersigned is owner or corporate officer of the owner of the interest or estate stated
below in the property hereinafter described:
2. The full name of the owner is: City of Seal Beach.
3. The address of the owner is: 211 —8th Street, Seal Beach, CA 90740.
4. The nature of the interest or estate of the owner is: In Fee. The City of Seal Beach.
5. A work of improvement on the property hereinafter is described as substantially completed on
August 20, 2010. The work was Local Street Resurfacing Program CIP No. ST0906-B
(ST1004-College Park East..
6. The name of the contractor, if any, for such improvement was: All American Asphalt. The
date of the Contract Award was March 8 2010.
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: College Park East.
Date: fo f bt//0 /
4/K/74.... IllelIV°./
Signature of owner or corporate offfe 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 /o/j///0 , 2010, at Seal Beach, California.
( ate of Signature)
Director of Public orks
•
. ,
ESCROW NO.: 1582
ACCOUNT NO.: 14906433
ESCROW AGREEMENT FOR
SECURITY DEPOSITS IN LIEU OF RETENTION
THIS ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION (hereinafter
called the "Agreement") is made and entered into on this 25th day of March, 2010, by and between City of
Seal Beach, whose address is 211 Eighth St., Seal Beach, CA 90740 (hereinafter called "Owner"), All
American Asphalt, whose address is P.O. Box 2229, Corona, CA 92878 (hereinafter called "Contractor"),
and Community Bank, a California banking corporation, whose address is 505 E. Colorado Boulevard,
Pasadena, California 91101 (hereinafter called "Escrow Agent").
WHEREAS,the parties desire to establish an escrow account with Escrow Agent(the "Escrow
Account")pursuant to the provisions of Section 22300 of the California Public Contract Code.
NOW, THEREFORE, for the consideration hereinafter set forth, the Owner, Contractor, and Escrow
Agent agree as follows:
1. Pursuant to Section 22300 of the Public Contract Code of the State of California, the
Contractor has the option to deposit securities with Escrow Agent as a substitute for retention earnings
required to be withheld by the Owner pursuant to the Construction Contract entered into between the Owner
and the Contractor, for Seal Beach Local Street Resurfacing Program/College Park East in the amount of
$922,490.70 (hereinafter referred to as the "Contract"). Alternatively, on written request of the
Contractor, the Owner shall make payments of the retention earnings directly to the Escrow Agent.
When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall
notify the Owner within ten (10) days of the deposit. The market value of the securities at the time of the
substitution shall be at least equal to the cash amount then required to be withheld as retention under the
terms of the Contract between the Owner and the Contractor. Securities shall be held in the name of City of
Seal Beach, and shall designate the Contractor as the beneficial owner.
2. The Owner shall make progress payments to the Contractor for those funds which otherwise
would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow
Agent holds securities in the form and amount specified above.
3. When the Owner makes payment of the retentions earned directly to the Escrow Agent, the
Escrow Agent shall hold them for the benefit of the Contractor until the time that the escrow created under
this Agreement is terminated. The Contractor may direct the investment of the payments into securities. All
terms and conditions of this Agreement and the rights and responsibilities of the parties shall be equally
applicable and binding when the Owner pays the Escrow Agent directly.
4. The Contractor shall be responsible for paying all fees for the expenses incurred by the Escrow
Agent in administering the Escrow Account and all expenses of the Owner. These expenses and payment
terms shall be determined by the Owner,the Contractor and the Escrow Agent.
CBCR-Agrmnt
•
5. The interest earned on the securities or the money market accounts held in escrow and all
interest earned on that interest shall be for the sole account of the Contractor and shall be subject to
withdrawal by the Contractor at any time and from time to time without notice to the Owner.
6. The Contractor shall have the right to withdraw all or any part of the principal in the Escrow
Account only by written notice to the Escrow Agent accompanied by written authorization from the Owner to
the Escrow Agent that the Owner consents to the withdrawal of the amount sought to be withdrawn by the
Contractor.
7. The Owner shall have a right to draw upon the securities in the event of default by the
Contractor. Upon seven days' written notice to the Escrow Agent from the Owner of the default,the Escrow
Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the
Owner.
•
8. Upon receipt of written notification from the Owner certifying that the Contract is final and
complete, and that the Contractor has complied with all requirements and procedures applicable to the
Contract, the Escrow Agent shall release to the Contractor all securities and interest on deposit less escrow
fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all
moneys and securities on deposit and payments of fees and charges.
9. The Escrow Agent shall rely on the written notifications from the Owner and the Contractor
pursuant to Sections 5 to 8, inclusive, of this Agreement and the Owner and the Contractor shall hold the
Escrow Agent harmless from the Escrow Agent's release and disbursement of the securities and interest as set
forth above.
10. The names of the persons who are authorized to give written notice or to receive written notice
on behalf of the Owner and on behalf of the Contractor in connection with the foregoing, and exemplars of
their respective signatures are as follows:
On behalf of the Owner: On behalf of the Contractor:
City of Seal Beach All American Asphalt
Name: Name: Mark Luer
Title: /v LJa�4.b Title: V.NkPresident
Signature: ASignatur-
Address: 211 Eighth Street Address: P.O. Box 2229
Seal Beach, CA 90740 Corona, CA 92878
CBCR-Agrmnt 2
• •
On behalf of the Escrow Agent:
COMMUNITY BANK
Name: Leslie K. Buhl
Title: Vice P1ident
• ic&tzt.....„
Signature:Aj•
Address: •1 Colorado Blvd.
Pasadena, Ca 91101
(626) 568-2232
At the time the escrow account is opened,the Owner and the Contractor shall deliver to the
Escrow Agent a fully executed original of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement by their proper
officers on the date first set forth above.
OWNER: CONTRACTOR:
City of Seal Beach All American Asphalt
Title: ee4 7G.yzer Title: Vice President
Name: \A-9 &e44.1f17, Name: ark Luer
Signature: '' °� Signature
CBCR-Agrmnt 3
• •
AN AGREEMENT
FOR SEAL BEACH LOCAL STREET
RESURFACING PROGRAM
COLLEGE PARK EAST
CIP NO. ST0906-B
between
SEAL` ‘‘,
%* :
%1=3., ..
1,c06NTY Ca'-
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
All American Asphalt
PO Box 2229, Corona, CA 92878
P-951-736-7600
THIS AGREEMENT is made and entered into this 8th day of March, 2010, by and between the
City of Seal Beach, a California charter city ("City"), and All American Asphalt, a Corporation
("Contractor").
Exhibit F, Page 1
57296-0200\1073470v8.doc
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RECITALS
A. WHEREAS, the City Council has approved the plans and specifications for the
Seal Beach Local Street Resurfacing Program, College Park East, CIP No. ST0906-B ("Project")
with respect to design criteria; and
B. WHEREAS, Contractor has submitted a bid to City for the Project dated February
24, 2010 in the amount of $922,490.70 ("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
1.0 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),
Worker's 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 therefore, except such labor, materials, equipment and services
as are specified in the Contract Documents to be furnished by City.
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.
Exhibit F, Page 2
S7296-0200\1 073470v8.doc
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2.0 Effective Date. This Agreement is effective as of March 8, 2010 (the "Effective
Date"), and shall remain in full force and effect until Contractor has rendered the services
required by this Agreement.
3.0 Payment. For performing and completing the work in accordance with the
Contract Documents, City shall pay Contractor, in full compensation therefor, the amount of
$922,490.70 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.
4.0 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 and 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 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.
Exhibit F, Page 3
87296-0200\1073470v8.doc
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5.0 Indemnification.
5.1 Contractor's Duty. Contractor shall 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 attorney 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 Indemnities for that portion of any Claim to the extent arising
from the sole negligence or willful misconduct of the Indemnities.
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.
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 an Contractor shall be
conclusive in favor of the Indemnitee's right to recover under this indemnity provision.
Exhibit F, Page 4
87296-0200\S7296-0200\1 073470v8.doc
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• •
6.0 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 and professional negligence which may arise from or in connection with the
performance of the services hereunder by Contractor, and its agents, representatives, employees
and subconsultants. 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 Worker's Compensation insurance as required by the State of
California and Employer's Liability Insurance.
6.2.5 Professional Liability Insurance. Contractor shall provide to City
the standard form issued by the carrier.
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.
Exhibit F, Page 5
57296-0200\1073470v8.doc
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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 or agency 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
or agency 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 or agency
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
or agency 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 clause 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.
6.5.5 Each insurance policy, except for any professional liability policy,
required by this clause 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:VII 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
Exhibit F, Page 6
57296-0200\1073470v8.doc
• •
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.
7.0 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 $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.
8.0 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.
9.0 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 of Seal Beach- City Clerk
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
PO Box 2229
•
Corona, CA 92878
Telephone: 951-736-7600
Fax: 951-736-7646
Exhibit F, Page 7
57296-0200\1073470v8.doc
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10.0 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.
11.0 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.
12.0 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.
13.0 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.
14.0 Construction. The validity, interpretation, and performance of this Agreement
shall be controlled by and construed under the laws of the State of 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.
15.0 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.
(Intentionally Left Blank)
Exhibit F, Page 8
87296-0200\1073470v8.doc
S
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: By: 1, -
David N. Carm , City Manager Name: ¢opdrt 3radlle
Title: V i Cie Preyi.?'1/1+-
Attest:
By: By.
Lin a Devine, City Clerk Name: 1401-l-ue✓
Title: S attarq
Approved as to Form:
By: gc2-iY1
Quinn M. Barrow, City Attorney
Exhibit F, Page 9
87296-0200\S7296-0200\1 073470v8.doc
It IIP
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Riverside
On February 26, 2010 before me, Debbie A. Matsen,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) its/are subscribed to the within instrument
DEBBIE A. MATSEN and acknowledged to me that ttefshe/they executed the same in
Commission # 1775685
WO:tor/their authorized capacity(ies), and that by tais!her/their
'' Notary Public -California signature(s) on the instrument the person(s), or the entity upon behalf
_ � .j T Riverside County
of which the person(s)acted,executed the instrument.
�] MyComm.Ef IresNov22,2011_� I certify under PENALTY OF PERJURY under the laws of the State of
!�+ r"a rYE 3Y 5Ys ate. �^�
California that the forgoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature ,,0ft,t j..0,7 p -old J
Place Notary Seal Above Signature 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 Agreement, City of Seal Beach
Document Date: February 2(c3 2010 Number of Pages: 9 Pages
Signer(s)Other Than Named Above: None.
Capacity(ies)Claimed by Signer(s)
Signer's Name: Robert Bradley Signer's Name: Mark Luer
❑Individual ❑ Individual
A Corporate Officer—Title/O): Vice President Corporate Officer—Titlei : Secretary
❑Partner—❑Limited❑General ❑ Partner—❑ Limited❑General
=.RIGHT,THUMBPRINTS, .RIGHT THUMBPRINT'
❑Attorney in Fact OF SIGNER ❑ 'OF SIGNER .Attorney in Fact
ID Trustee Top of thumb here Top of thumb here
❑Trustee
❑Other: ❑Other:
Signer is Representing:_ Signer is Representing:
All American Asphalt All American Asphalt
• s
Bond No. 7613864- Executed in Three (3) Parts Bond Premium$3,921.00
Premium subject to adjustment upon completion •
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:
•
WHEREAS the City of.Seal Beach,has awarded
All American Asphalt _
400 East Sixth Street. Coma. CA. 92879
• (Name and address of Contractor)
("Principal"),a contract(the"Contract")for the work described as follows:
SEAL BEACH LOCQ .1g, iESUIiI?ACING PROGRAM.COLLEGE PARK EAST.CIP#
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 No. Brand Blvd., 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 stun,of
Nine Hundred Twenty Two Thousand. Four Hundred ine an s
Dollars(5 922,490.70 ),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: March 8th,2
"Principal" "Surety"
All American Asphalt Fidelity and Deposit Company of Maryland
Page D-52
•
• •
By: �� -
s //i icy. .. (biro �i_. .. . .;
-�-tv ' f=�r � ... ��.
�OP"is Its Attorney-in- act
By: i�� By: Rebecca Haas-Bates
Its y44C Urt..021 ��' r.; _, 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-53
• •
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
County of Riverside
On_ March 9, 2010 before me, Brenda L. Royster,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
BRENDA L. ROYSTER and acknowledged to me that he/she/they executed the same in
Ok Commission # 1700922 his/her/their authorized capacity(ies), and that by his/heF/their
a. Notary Public -California Z
�� y signature(s) on the instrument the person(s), or the entity upon behalf
; Riverside County = of which the person(s)acted,executed the instrument.
ro MyComm.Expires Oct 26,2010
I certify under PENALTY OF PERJURY under the laws of the State of
California that the forgoing paragraph is true and correct.
WITNESS and and officia ealct
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 Performance Bond —City of Seal Beach
Document Date: March 8, 2010 Number of Pages: 3
Signer(s)Other Than Named Above: Rebecca Haas-Bates, Attorney-In-Fact
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 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
• •
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
:\ • <!�>,✓-v.. �>..=�i!:�..7t!7...�c..=��!nS'fit=v., .�=�:�v. S,.ct:��::i;�<;:�t�?.,.'>a:lcji,.=�t�=�. ti?�,'�'�S�,.:�.�.aY ��is;n.?�i n..:�.�si%ci�,.=?.. ,'�v.`t� .=�
State of California
County of Orange
On 3-4-10 before me, Barbara J. Bender, 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/ewe subscribed to the
within instrument and acknowledged to me that
+e/she/they executed the same in+is/her/their authorized
capacity(ies), and that by his/her/ eis signature(s).on the
instrument the person(s}, or the entity upon behalf of
which the persons),acted, executed the instrument.
BARBARA J.BENDER
Commission#1801899 I certify under PENALTY OF PERJURY under the laws
Notary Public-California = of the State of Cali • nia that the foregoing ara ra h is
Orange County true and correct.
My Comm.Expires Jul 13,2012
WITNESS , .r. and s-al.
fir/
Signature 111..
a._
Place Notary Seal Above Srgnatur=:No-'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 No.7613864
Document Date: 3-8-10 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
al Corporate Officer—Title(s): ❑Corporate Officer—Title(s):
❑ Partner—❑Limited ❑General w�rrrTHtx,1BPHravr ❑Partner—❑ Limited ❑General RIGHTTHUMBPRINT
t7 Attorney in Fact OSIG+ER 0 Attorney in Fact OF SIGNER°
:_I Trustee Top of thumb here L Trustee Top of thumb here
• Guardian or Conservator 0 Guardian or Conservator
• Other: ❑Other:
Signer Is Representing: Signer Is Representing:
Fidelity and Deposit Company of Maryland
b'y."✓S'L`c:1r'.Y-d"i Y4'✓•Y'L'd'`.•✓i eii d v.e/'d4'�Y, ✓'•✓',verve,'%vNC , -✓4'N4'N'ate'Yt Y VECOMESUMMOUEN
4D2007 National Notary Association•9350 De Soto Ave..P.O.Box 2402•Chatsworth,CA 91313-2402-www.NalionalNotary.org Item#5907 Reorder:Call Toll-Free 1.300.876.6827
• •
Bond No. 7613864-Executed in Three(3) Parts Bond Premium included in charge for 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:
SEAL BEACH LOCAL STREET RESURP CENG PROGRAM.COLL 3E PARK EAST,CIP#ST09Q6-B.
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
801 No. Brand Blvd.. 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
Four Hundred Sixty One Thousand,Two Hundred Forty Five and 35/100ths
Dollars($ 461,245.35 this amount being not less than fifty percent(50%)of
the total contract price,in lawful money of the United States of America,for the payment of which sum well and
truly to be made,we bind ourselves,our heirs,executors,administrators,successors, and assigns,jointly and
severally,firmly by these presents. •
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal,his, her or its
heirs,executors,administrators, successors or assigns,or subContractors shall fail to pay any of the persons named
in Section 3181 of the California Civil Code, or any amounts due under the Unemployment Insurance Code with
respect to work or labor performed under the Contract, or for any amounts required to be deducted, withheld,and
paid over to the Employment Development Department from the wages of employees of the Principal and
subContractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to work or labor
performed under the Contract,the Surety will pay for the same in an amount not exceeding the penal sum specified
in this bond;otherwise,this obligation shall become null and void.
This bond shall insure to the benefit of any of the persons named in Section 3181 of the California Civil Code so as
to give a right of action to such persons or their assigns in any suit brought upon the bond. In case suit is brought
upon this bond, Surety further agrees to pay all court costs and reasonable attorneys'fees in an amount fixed by the
court.
FURTHER, the Surety, for value received, hereby stipulates and agrees that no change, extension of time,
alteration, addition or modification to the terms of the Contract, or of the work to be performed thereunder, or the
specifications for the same,shall in any way affect its obligations under this bond,and it does hereby waive notice
of any such change, extension of time, alteration, addition, or modification to the terms of the 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
Page D-55
•
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: March 8th,2010
"Principal" "Surety"
All American Asphalt Fidelity and Deposit Company of Maryland
By: %�'� By:
Its ttorney-m- act
By � .i By: Rebecca Haas-Bates
Its , Its
(Seal) (Seal)
Note: This bond must be dated,all signatures must be notarized, and evidence of the authority of
any person signing as attorney-in-fact must be attached.
•
•
Page D-56
• •
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
County of Riverside
on March 9, 2010 before me, Brenda L. Royster,Notary Public ,
Date Here Insert name and Title of the Officer
personally appeared Robert Bradley and Mark Luer
Name(s)of Signer(s)
f
A_ �.,,Q, _,._ __ „4 _ __,. who proved to me on the basis of satisfactory evidence to be the■
,�. BRENDA L. ROYSTER person(s) whose name(s) is/are subscribed to the within instrument
Commission # 1700922 and acknowledged to me that he/she/they executed the same in
z .1:-s -_ a' Notary Public -California = his/her/their authorized capacity(ies), and that by his/her/their
®p_ . if' Riverside County = signature(s) on the instrument the person(s), or the entity upon behalf
r_ NyComm.Exp_iresOct.26,20101 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 forgoing paragraph is true and correct.
WITNESS my,and and officia ea
A i /,/
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 Payment Bond —City of Seal Beach
Document Date: March 8, 2010 Number of Pages: 4
Signer(s)Other Than Named Above: Rebecca Haas-Bates, Attorney-In-Fact
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 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
•
• •
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
��:�< >,?..�..:�..?����=�.=�t..s�,�..��!��..'�t�o.,•,.s?t..=�YA ?=3,�t:ai4�>;catij{4v....�t!c�t�ti�-?.=i.�,.��T�..�... ..��:c�..�vs:t✓:�V7.',:a,.n��,?.t� .%�
State of California
County of Orange
On 3-4-10 before me, Barbara J. Bender, 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/efe subscribed to the
within instrument and acknowledged to me that
'he/she/hey executed the same in+tis/her/their authorized
capacity(ies), and that by his/her4heif signature(s).on the
instrument the person(e), or the entity upon behalf of
• which the persons}acted, executed the instrument.
BARBARA J.BENDER
K Commission# 1801899 I certify under PENALTY OF PERJURY under the laws
6 Notary Public-California = of the State of California that the foregoing paragraph is
Orange County
man., true and correc
My Comm.Expires Jul 13,2012
WITNESS m '• a n Official sea,/�
•
Signature , /.�
Place Notary Seal Above V Sign.ture 0 ?'.ry-ublic
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.7613864
Document Date: 3-8-10 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
O Corporate Officer—Title(s): ❑Corporate Officer—Title(s):
• Partner—❑Limited ❑General ❑Partner—❑ Limited ❑General , :•
Attorney in Fact t 0 Attorney in Fact OFSNER
Top of thumb here Top of thumb here
Trustee ❑Trustee
• Guardian or Conservator a Guardian or Conservator
Ei Other: ❑Other:
Signer Is Representing: Signer Is Representing:
Fidelity and Deposit Company of Maryland
b•-Y'NS L _ _ U•,/ d•"✓i t/i J'tl't/4�f!/�J:S"•✓(�!l 'd(•�✓(�Cl[�✓'✓'y4'Y ✓ 9i.•Yi-L'Jl'L 'y.•,N'Y•'A'C"L"✓
02007 National Notary Association•9350 De Soto Ave..P.O.Box 2402•Chatsworth,CA 91313-2402•www.NaaonalNotary.org Item#5907 Reorder.Call Toll-Free 1-800-876-6827
•
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 .ti,t ny,which are set forth on
the reverse side hereof and are hereby certified to be in full force and effect on the d• 1 + ereby nominate,
constitute and appoint William SYRKIN Rebecca HAAS-BATES an' +11 : • f Irvine California,
EACH its true and lawful agent and Attorney-in-Fact,to mak- - : *I 'e V4jal&Ifilt. behalf as surety,and
as its act and deed: any and all bonds and undert �� - ecu +� : or undertakings in pursuance of
Y s��r�
these presents,shall be as binding upon V.AW 1; .•d •114,1 PVT I rents and purposes,as if they had been
duly executed and acknowledl OM y ele IttityAs - ompany at its office in Baltimore,Md., in their
own proper personsr3&Ater `S •�— gli gl'e on behalf of William SYRKIN,Rebecca HAAS-BATES,
Sergio D.BECHAR : and °°��. . ed April 8,2008.
The said Assistant . l al L-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-L.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 25th day of
September,A.D.2009.
ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND
'to DEPps..,
♦Q G
4Wnt /44Th..,
By:
Gregory E. Murray Assistant Secretary William J. Mills Vice President
State of Maryland 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,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.
rt•f J/•tzr
� 111111 ,`,,,
Maria D.Adamski Notary Public
My Commission Expires: July 8,2011
POA-F 012-0033
S
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 8th day of March , 2010
Assistant Secretary
• •
EXHIBIT E
ACKNOWLEDGMENT OF PENAL AND CIVIL PENALTIES CONCERNING
CONTRACTOR LICENSING LAWS
STATEMENT ACKNOWLEDGING PENAL AND CIVIL PENALTIES
CONCERNING THE CONTRACTORS' LICENSING LAWS
[Business&Professions Code §7028.15]
[Public Contract Code §20103.5]
I, the undersigned, certify that I am aware of the following provisions of California law and that I, or the
entity on whose behalf this certification is given,hold a currently valid California Contractor's license as set
forth below(required at time of award):
Business&Professions Code §7028.15:
(a) It is a misdemeanor for any person to submit a bid to a public agency in order to engage
in the business or act in the capacity of a Contractor within this state without having a license therefore,
except in any of the following cases:
(1) The person is particularly exempted from this chapter.
(2) The bid is submitted on a state project governed by Section 10164 of the Public
Contract Code or on any local agency project governed by Section 20104 [now § 20103.5] of the Public
Contract Code.
(b) If a person has been previously convicted of the offense described in this section, the
court shall impose a fine of 20 percent of the price of the contract under which the unlicensed person
performed contracting work, or four thousand five hundred dollars ($4,500), whichever is greater, or
imprisonment in the county jail for not less than 10 days nor more than six months,or both.
In the event the person performing the contracting work has agreed to furnish materials
and labor on an hourly basis, "the price of the contract" for the purposes of this subdivision means the
aggregate sum of the cost of materials and labor furnished and the cost of completing the work to be
performed.
(c) This section shall not apply to a joint venture license, as required by Section 7029.1.
However, at the time of making a bid as a joint venture, each person submitting the bid shall be subject to
this section with respect to his or her individual licensure.
(d) This section shall not affect the right or ability of a licensed architect, land surveyor, or
registered professional engineer to form joint ventures with licensed Contractors to render services within
the scope of their respective practices.
(e) Unless one of the foregoing exceptions applies, a bid submitted to a public agency by a
Contractor who is not licensed in accordance with this chapter shall be considered non-responsive and shall
be rejected by the public agency. Unless one of the foregoing exceptions applies, a local public agency
shall, before awarding a contract or issuing a purchase order, verify that the Contractor was properly
licensed when the Contractor submitted the bid. Notwithstanding any other provision of law, unless one of
the foregoing exceptions applies, the registrar may issue a citation to any public officer or employee of a
public entity who knowingly awards a contract or issues a purchase order to a Contractor who is not
licensed pursuant to this chapter. The amount of civil penalties, appeal, and finality of such citations shall
be subject to Sections 7028.7 to 7028.13,inclusive. Any contract awarded to,or any purchase order issued
to,a Contractor who is not licensed pursuant to this chapter is void.
Page D-66
• •
(f) Any compliance or noncompliance with subdivision (e) of this section, as added by
Chapter 863 of the Statutes of 1989, shall not invalidate any contract or bid awarded by a public agency
during which time that subdivision was in effect.
(g) A public employee or officer shall not be subject to a citation pursuant to this section if
the public employee, officer, or employing agency made an inquiry to the board for the purposes of
verifying the license status of any person or Contractor and the board failed to respond to the inquiry within
three business days. For purposes of this section, a telephone response by the board shall be deemed
sufficient.
Public Contract Code §20103.5:
In all contracts subject to this part where federal funds are involved, no bid submitted shall be
invalidated by the failure of the bidder to be licensed in accordance with the laws of this state. However,at
the time the contract is awarded, the Contractor shall be properly licensed in accordance with the laws of
this state. The first payment for work or material under any contract shall not be made unless and until the
Registrar of Contractors verifies to the agency that the records of the Contractors' State License Board
indicate that the Contractor was properly licensed at the time the contract was awarded. Any bidder or
Contractor not so licensed shall be subject to all legal penalties imposed by law, including, but not limited
to,any appropriate disciplinary action by the Contractors' State License Board. The agency shall include a
statement to that effect in the standard form of pre-qualification questionnaire and financial statement.
Failure of the bidder to obtain proper and adequate licensing for an
award of a contract shall constitute a failure to execute the contract and
shall result in the forfeiture of the security of the bidder.
License No.: 02707 3 _ Class: i4 C/i. Expiration Date: 1-31-1
Date: -9 '�C7
Page D-67
AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW
REQUIREMENTS
[Labor Code§§ 1720,1773.8,1775,1776,1777.5,1813, 1860, 1861,3700]
The undersigned Contractor certifies that it is aware of and hereby agrees to fully comply with the
Following provisions of California law:
1. Contractor acknowledges that this contract is subject to the provisions of Division 2, Part 7,
Chapter 1 (commencing with Section 1720)of the California Labor Code relating to public works and the
awarding public agency("Agency")and agrees to be bound by all the provisions thereof as though set forth
in full herein.
2. Contractor agrees to comply with the provisions of California Labor Code Section 1773.8 which
requires the payment of travel and subsistence payments to each worker needed to execute the work to the
extent required by law.
3. Contractor agrees to comply with the provisions of California Labor Code Sections 1774 and 1775
concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay
prevailing wages. The Contractor shall,as a penalty to the Agency,forfeit not more than fifty dollars($50)
for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined
by the Director of Industrial Relations for the work or craft in which the worker is employed for any public
work done under the contract by Contractor or by any subContractor.
4. Contractor agrees to comply with the provisions of California Labor Code Section 1776 which
require Contractor and each subContractor to(1) keep accurate payroll records, (2) certify and make such
payroll records available for inspection as provided by Section 1776, and (3) inform the Agency of the
location of the records. The Contractor is responsible for compliance with Section 1776 by itself and all of
its subContractors.
5. Contractor agrees to comply with the provisions of California Labor Code Section 1777.5
concerning the employment of apprentices on public works projects, and further agrees that Contractor is
responsible for compliance with Section 1777.5 by itself and all of its subContractors.
6. Contractor agrees to comply with the provisions of California Labor Code Section 1813
concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the Agency,
forfeit twenty-five dollars ($25) for each worker employed in the execution of the contract by the
Contractor or by any subContractor for each calendar day during which such worker is required or
permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in
violation of the provisions of Division 2,Part 7,Chapter 1,Article 3 of the California Labor Code.
7. California Labor Code Sections 1860 and 3700 provide that every Contractor will be required to
secure the payment of compensation to its employees. In accordance with the provisions of California
Labor Code Section 1861,Contractor hereby certifies as follows:
"I am aware of the provisions of Section 3700 of the Labor Code which require every employer to
be insured against liability for worker's compensation or to undertake self-insurance in accordance with the
provisions of that code, and I will comply with such provisions before commencing the performance of the
work of this contract."
Date 3 I 17,) Signature
Page D-69
ITY OF SEAL BEAC _ - s�A1
USINESS LICENSE :, \°CARQORj6Fq`•.,
The person, firm or corporation below named is hereby granted license •"c; ` may';
pursuant to the Tax License Code to engage in, carry on or conduct, in the !
City of Seal Beach, California, the business, trade, calling, profession, ;_, ,h�
exhibition or occupation described below for the period indicated. 6+FC Eq Z719 �\�p
ALL BUSINESS LICENSES DUE UPON EXPIRATION. o(�NTY o,A.
TO BE POSTED IN A CONSPICUOUS PLACE �`• •
NOT TRANSFERABLE
LICENSE EXPIRES 2/16/2011 City Lic No 02626 DATE 2/16/2010
CLASS OF BUSINESS A,C-12 LICENSE FEE $207
PENALTY$
TOTAL$
f
1
City Business License#: 02626 Contractor Class:A,c-12 i
. 1 f. F. 1 -
All American Asphalt •
P. O. Box 2229
Corona, California 92878
BY A_z_ __„,\./
(License Offic' I)