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HomeMy WebLinkAboutAGMT - All American Asphalt (Slurry Seal, #50245 ST0803)This Document s electronically recorded by L-.< Cert Mail F RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO CITY OF SEAL BEACH Attn: City Clerk 211 8 Street Seal Beach, CA 90740 Recorded in Official Records, Orange County Tom Daly, Clerk- Recorder uQ�II��I���I���uII����III�II��III�IIII�I�u��I���II��I��III NO FEE 2008000540303 10:37am 11119108 213 92 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 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 8 in Street, Seal Beach, CA 90740 4. The nature of the interest or estate of the owner is: In Fee. A work of improvement on the property hereinafter is described as substantially completed on October 15, 2008 The work was Annual Slurry Seal #50245. 5. The name of the contractor, if any, for such improvement was: All American Asphalt. The date of the Contract Award was: May 27, 2008. 6. The property on which said work of improvement was completed in the City of Seal Beach, County of Orange, State of California, and is described as follows: Various streets. Seal Beach, California 90740. Date: /Z /D • to Signature of owner or corporate officer of named in paragraph 2 or his 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 ' tod. , 2008, at al Beach Ca' rnia. (Date of Signature) Director of Public Works PUBLIC WORKS CONTRACT For the following project named Slurry Seal, Specification No. ST0803, in the City of Seal Beach. THIS AGREEMENT, made and entered into this 27 1 day of 2008, by and between the City of Seal Beach, California, hereinafter referred to as the "CITY," P. of the First Part, hereinafter designated as the "CONTRACTOR," Party of the Second Part. WITNESSETH: That the Parties do hereto mutually agree as follows: ARTICLE I. For and in consideration of the payments and agreements hereinafter mentioned to be made and performed by said CITY, the CONTRACTOR agrees with said CITY to perform and complete in a good and workmanlike manner all the work pertaining thereto shown on the drawings and described in the Specifications and Contract Documents, therefore, to furnish at his own proper cost and expense all tools, equipment, labor and materials necessary therefore (except those materials expressly noted as to be furnished by the CITY), and to do everything required by this Agreement and the said Specifications, Drawings, and Contract Documents. ARTICLE II. For furnishing all said materials and labor, furnishing and removing all plant, temporary works or structures, tools and equipment and doing all the work contemplated and embraced in this Agreement, also for all loss and damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the work until its acceptance by said CITY, and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work; except such as in the said Specifications are expressly stipulated to be borne by the said CITY and faithfully completing the work and the whole thereof, in the manner shown and described in the said Drawings, Specifications, and Contract Documents and in accordance with the requirements of the Engineer, said CITY will pay and the CONTRACTOR shall receive in full compensation, therefore, the unit prices and the lump sum prices named in the Schedule of Work Items of the Proposal. ARTICLE III. The CITY hereby promises and agrees with said CONTRACTOR to employ and does hereby employ said CONTRACTOR to provide the materials and to do the work according to the terms and conditions herein contained and referred to for the price aforesaid, and hereby contracts to pay the same, at the time, in the manner and upon the conditions set forth in the Specifications and Contract Documents, and the said parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained. ARTICLE IV. The advertisement for Bids, the Proposal, the Specifications, and the Drawings mentioned therein, and all addenda issued by the CITY with respect to the foregoing prior to the opening of bids, are hereby incorporated in and made a part of this Agreement. ARTICLE V. By my signature hereunder, as CONTRACTOR, I certify that I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workmen's compensation or to undertake self - insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. IN WITNESS WHEREOF: The Parties hereto have caused this contract to be executed the day and year first above written. CITY OF SEAL BEACH, CALIFORNIA Party of the First Part BY / City Manager A A TT ST:, � (,k ler �' A .I BY 1 CONTRACTOR - Party of the Second Part >eo veil- $rac oy i Title '.0 4i . .:r' i se e Q. : ); -.. Address • • CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Riverside On June 12, 2008 before me, Debbie A. Matsen, Notary Public Date Here Insert name and TSle of the Officer personally appeared Robert Bradley Name of Signer((» who proved to me on the basis of satisfactory evidence to be the personjs) whose names) is /are to the within instrument and acknowledged to me that he /she/they executed the same in ]]I�� DEBBIE A MATSEN his /ker./i„eir authorized capacityfiesj, and that by his/he/the-if, ljet.., Commi ssion # 1775685 si nature ) on the instrument the person(?), � g j8 p (?), or the entity upon behalf a' ii Notary Public - California of which the erson p (91 acted, executed the instrument. c.v.r Riverside County `" MyCamtEtlpTBSNOv22.2011 I certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct. WITNESS my hand and official seal. Signature ,jap"p p, t- }71O,fp Place Notary Seal Above Signature of Notary Pu lic OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Contract, City of Seal Beach Document Date: June 12, 2008 Number of Pages: 1 Page Signer(s) Other Than Named Above: None. Capacit pes) Claimed by Signer(%) Signer's Name: Robert Bradley Signer's Name: o Individual o Individual krCorporate Officer — Title$: Vice President o Corporate Officer — Title(s): o Partner— o Limited o General o Partner— o Limited o General RIGHT THUMBPRINT RIGHT THUMBPRINT OF SIGNER o Attorney in Fact OF SIGNER o Attorney in Fact Top of thumb he Top of thumb here o Trustee o Trustee ❑ Other: o Other: Signer is Representing: Signer is Representing: All American Asphalt 1111 • Bond No. 089 03 533 gup $596.00 PERFORMANCE BOND EXECUTED IN THREE (3) PARTS KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Seal Beach has awarded ALL AMERICAN ASPHALT 400 EAST SIXTH STREET. CORONA, CA. 92879 _ (Name and address of Contractor) ("Principal"), a contact (the "Contract") for the work described as Follows: Slurry Sad. Suecificat on No ST0803 WHEREAS, Principal is required under the terms of the Cvmvact to furnish a bond for the faithful . performance ofthe Contract. NOW, THEREFORE, we, the undersigned Principal, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND —r 801 NO. BRAND BLVD, GLENDALE, CA. 91203 -� • (Nana and address of Suety) - ("Surety") a duly admitted surety insurer under the laws of the Ste of California, as Surety, arc held and firmly bound unto the Public Agency in the penal sum of ONE HUNDRED FORTY THQUSAND, TWO HUNDRED EIGHTEEN AND 75 /100ther - ---- Dollars ($ 140 , 218 , 75 ), this amount being not less than the total contract price, in laafi:l 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 'TAT; if the hereby bounded Principal, his, ha 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, teams, c ovexamts, 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 indemoifSr 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 ell 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, ors of the work to be performed thereunder, or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration, addition, or modification to the terms of the Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code §§ 2845 and 2849. The City is the principal beneficiary of this bond and has all rights of a party hereto. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and • • • 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: JUNE 9th, 2008 "Principal" "Sa FIDELITY AND DEPOSIT COMPANY ALL AMERICAN ASPHALT OF By: .�_� - ; Y• %%% • 7r gov.j - - Bradley, e Its ATTORNE IN —FACT By: OWEN M . BROWN its /Uric- Uter Seene+4 eV Its (Seal) (S+1) 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.. • • . . . ., 1111 • e.ALIEFORNIIik ALOADURPOSE ACI711101111LEDGMENT State of California 1 • County of ORANGE . On 6-9-08 before me, BARBARA J. BENDER, NOTARY PUBLIC . . Date Itne trout Name wallies d Ike Maar personally appeared OWEN M. BROWN • Namate) at Sway* who proved to me on the basis of satisfactory evidence to Aillift Commission # 1494946 be the person(o) whose name(*) Is/ ese subscribed to the Notary Public - California t within instrument and acknowledged to me that . j . 44 Orange County - heifiNgt Escecuted the same in hisikeir authorized . - My Comm. Expires Jul 13, 2008 capacity), and that by hi~tTir signature(e) on the instrument the person(0, or the entity upon behalf of which the person( o) acted, executed the instrument BARBARAJMENDiii 1 .4101110" Commission # 1494946 t.) 1 certify under PENALTY OF PERJURY under the laws . 1 .!_t4r...•" =,_:■ Hatay Public - Canada ; of the State of ; " , la that the foregoing paragraph is - - true:and:co :-.• . MyComm.lexpkesJui13,2008 s - - WITNESS : - d : t /offici , L. i Place NNagy Seal Above Signature of r . — r. - OPTIONAL ;.. Though the Inkinnation belowls not required by len # may prommilaelde ID persons relying on the document and =Id pment fraudulent =mat and teettechmen cf Ws tone to another document. Description of Attached Document . Title or Type of Document PERFORMANCE arm N0 ., n89 03 533 Document Date: 6-9,08 - Number of Pages nib "(i) • Signer(s) ()eternal' Named Above: Alas AMERICAN .-AAINIALT Capacity(les) Claimed by Staner(s) - Signer's Name: OWEN N. BROWN Signer's Name: O Individual 0 Individual . O Corporate Officer —Title(s): 0 Corporate Officer —Tele(s): 0 Partner — 0 Limited 0 General gi —0 Limited 0 General _ - _, : __. ; _, L -- E)DrAttomey in Fact s 1._Gr.IF .. 0 Attorney in Fact ..._.1...' r"' • Tbp of thumb here Thp of thumb here 0 Trustee 0 Trustee O Guardian or Conservator 0 Guardian or Conservator O Other: 0 Olher: . • . Signer Is RePrimienting: , Signer Is Representing: FIDELITY AND DEPOSIT COMPANY OF HARTLAND • • - - • - • ,.: 2 - 4 -•.,....,.....-... 02007 Nadoted Notary AssodeVon• 9250 1:1; Soto Pam. Rae= 2402 •Chatswasth, CA 91313-2402.vmaaNdanalNotay.og Nem OW ReardecCandiCan141004 . . • • • CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Riverside On June 12, 2008 before me, Debbie A. Matsen, Notary Public Date Here Insert name and Trtle 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) Ware subscribed to the within instrument DEBBIE A. IIRATSEN and acknowledged to me that 41efsbe/they executed the same in a2W_ Commission # 1775685 #tisfherftheir authorized capacity(ies), and that by 4iis/heF/their g Notary Public - California # signature(s) on the instrument the person(s), or the entity upon behalf tf Riverside County of which the person(s) acted, executed the instrument. i_vn oor E>PI 1 nes �' fi I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the forgoing paragraph is true and correct. WITNESS my hand and official seal. Signature % a, l j £' f / � . ' C O,a7 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: June 9, 2008 Number of Pages: 2 Pages Signer(!) Other Than Named Above: Owen M. Brown Capacity(ies) Claimed by Signer(s) Signer's Name: Robert Bradley Signer's Name: Mark Luer ❑ Individual ❑ Individual pf Corporate Officer — Title($): Vice President gt Corporate Officer — Title($: Secretary ❑ Partner— ❑ Limited ❑ General ❑ Partner— ❑ Limited ❑ General RIGHT THUMBPRINT PIG HT THU ❑ Attorney in Fact OF SIGNER ❑ Attorney in Fact OF SIGNER 13 Trustee Top of thumb her Top of thumb here ❑ Trustee ❑ Other: ❑ Other: Signer is Representing: _ Signer is Representing: All American Asphalt All American Asphalt • • • I 089 03 533 Bcmd pirflp, char g for this bond 13ondNo' incitided in charge for PAYMENT BOND Performance Bond. EXECUTED IN THREE (3) PARTS (LABOR AND MATERLU 1 KNOW ALL PERSONS BY THESE PRESENTS that WIEIEREAS the City of Seal Beach, has awarded to ALL A tERI S1' LT i 400 EAST 5 TH C's' . C, 2' (Name and address of Contractor) ("Principal"), a contract ( the "Cow for the worst described as follows: i WHEREAS, Principal is mired under the terms of the Contract and the Catifo rnia Civil l Code to secure the payment of claims of laborers, mechanics, �, and other persons provided NOW, THEREFORE, we, the undersigned Principal, and ' - : ¢-- --- ' 'IDELTTY AND DEPQ IT COMPANY OF 801 "`ACS : n $L • (Name and address of Surety) ("Surety") a duly admitted surety insure' and the laws of the State of California, as Surety, are held and ' firmly bound unto the Public Agency In the penal sum of _ � ONE HUNDRED Q�iTY THQUSAND, TWO HUNDRED EIGHTEEN AND 75 100ths Dollars (g�4Q 218.75 thus amount being not less than fifty percent (501,) of the total contract price, in lawful money of the United States of America, for the payment of which suss well and truly to be made, we bind ourselves, our heirs, *enters, administrators, successors, and assigns, joky and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, lithe hereby bounded Principal, his, her administrators, successors or assigns, or subcontractors shall WI to pay any of the of its firs, executors, due under the Unemployment flamed in Section 3181 of the California Civil Code, or any accounts Insurance Code with respect to work or labor perfbrmed under the Ccntract, or for any amounts required to be deducted, withheld, and paid over to tbo Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section, 13020 of the Unemployment Insurance respect to work or labor performed der' the Contract, the Surety will pay for the same in an amount not en not exceeding the penal sum specified in this bond; otherwise, this obligation shall become null and void. . This bead shall insure to the benefit of any of the persona, named in Section 3181 of the the bond. In Code so as to give a right of action to such persons or their assigns sin any suit brought upon case suit is brought upon this bond, Surety further egrets to pay all coot 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, er, alteration; addition or modification to the terms of the Contract, or efthe to bond. and n doer und by or the specifications for the same, shall in way affect its obligations under waive notice of any such change, extension of time, alteration, addition, or modification to the terms of the cations thereunder. Surety hereby waives the provisions of Contrarx or to the work � and.284�9. � California Civil Code § of this ioiustiramen� each of which shall for all WITNESS �F� two (2) identical caP executed by Principal and Safety, on the date set ses be deemed an original hereof have been duly a�xedi and these presents duly signed by its below, the name of each carper party hereto undersigned representative(s) pursuant to authority of its govcmfing may. Datad: JUNE 9th, 2008 , "Principal" FIDELITY AND DEPOSIT COMPA ALL AMERICA A SP T pF • 'YLAND $y- � - Its T •RNEY -IN - FACT O rT�iT LA RR OWN Its (hrtrr —Lu eri Secret-art/ its (Seal) be dated, all (Seal) must be notarized, and Note: This bond must b �� si�i� as attorney-in-fact must be evidence of the authority of any p attached. -- - . • • • • CALIFORM bILIPPURPOSIE ACEINOWLEDISMEINIT ztr_ State of California / . County of ORANGE - On 6-9-08 before me, BARBARA J. BENDER, NOTARY PUBLIC . . Date Hoe Motet name andTho cd the Moor personally appeared OWEN M. BROWN Nen** ot elenertte . , i 4 5 ''• - 4' 4. ■. 4. ii 4 , ,.. le BARBARA J. BENDER who proved to me on the basis of satisfactory evidence to Commission # 1494946 I? be the person(*) whose name(*) is/sse subscribed to the g iikatilf.I Notary Public - Califomia t within instrument and acknowledged to me that , veiiii4 Orange County 7 he/Met:tit executed the same in hisfiradireir authorized ' nVira Ka ••■ I ,, Pfill ‘-omm. Expires Jul 13. 2008 ? capacity), and that by his/Ir signature(*) on the instrument the person, or the entity upon behalf of which the person(*) acted, executed the instrument. - • • BAtalARA.i. BENDER _ t Comm n bdo # 1494946 a I certify under PENALTY OF PERJURY under the laws Notary Publo - California t of the State of Califomia that the foregoing paragraph is '' Orame Co trued:Mo unty ..--,' MyComm. Bcpbes.lut 13. :an ., .s. -. WITNESS , =1 d = /official =- 1 - signature VIII.A fi_ Lit / 41/.4.'4 . Piece Moiety Sod More OPTIONAL Though the information below & not requbud bylaw A miry pe!gtiuduable I 0 Persons atlYkig on the document and could prevent haufident nanoted end ousthwhmerit Of dais roan to another dos:tenant. Description of Attached Document . Title or Type of Domment PAYMENT BOND NO. 089 03 533 -- Document Date: 6908 Number of Pages: TWO - (2) Signer(s) Other Than Named Above ALL AMERICAN .-ASPBALT Caloacity(les) Claimed by Signer(*) . Signer's Name: OWEN 14. BROWN Signer's Name: O individual 0 Individual .. O Corporate Officer —Title(s): 0 Corporate Officer—Title(s): O Partner —0 Limited 0 General _ gl:Ratiner —0 limited 0 General - ,,ITiliii;;;UMEPE.IN:Ti .- • EHi:,*-X:o MAttomey in F t.F.r.statl- 2 ' 0 Attorney in Fact O Trustee lbp ol thumb here 0 Trustee liTillikumbhme O Guardian or Conservator 0 Guardian or Conservator O Other: 0 Other: . • - Signer Is RePreSentiniF , Signer Is Representing: EILSLITY AND DEPOSIT COMPANY OF MARYLAND - 02707 Malone! Notary Aseacledon..9350 De Soto Itta, Rafts 2402•Chateszath,CA 913134402o vifeeNedonalNotalying Rom 85907 Fl000ter:Corrall-Ree14004376-6827 • • CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Riverside On June 12, 2008 before me, Debbie A. Matsen, Notary Public Date Here Insert name and Trtle of the Officer personally appeared Robert Bradley and Mark Luer Name(s) of Slgner(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument DEBBIE A. AAATSEN and acknowledged to me that Wake/they executed the same in Commission D 1775685 #slh4%0w/their ier /their authorized capacity(les), and that by Notary Public • California signature(s) on the instrument the person(s), or the entity upon behalf V Riverside County r. of which the person(s) acted, executed the instrument. MyComm.Explres Nov22,2011 I certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct. WITNESS my hand and official seal. Signature e i001 i,/1 pp 0. 'r p.lt 7 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: June 9, 2008 Number of Pages: 2 Pages Signer) Other Than Named Above: Owen M. Brown Capacity(ies) Claimed by Signer(s) Signer's Name: Robert Bradley Signer's Name: Mark Luer ❑ Individual ❑ Individual Corporate Officer — Title*): Vice President ar Corporate Officer — Title0rj: Secretary ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General RIGHT THI 1CPRINT RIGHT THU ❑ Attorney in Fact OF SIGNER ❑ Attorney in Fact OF SIGNER 1:1 Trustee Top of thumb here Top of thumb here ❑ Trustee ❑ Other: ❑ Other: Signer is Representing: _ Signer is Representing: All American Asphalt All American Asphalt i • 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 ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company,• are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date e : ��iT'� by nominate, constitute and appoint Owen M. BROWN, of Anaheim, California, its true and x ,��� • . �i��� o , - act, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act • , S� � a � ; ^ takings, and the execution of such bonds or undertakings in pursuan : ( �:'li'tj��- ����'' - , s • ��.I, t _ +•won said Company, as fully and amply, to all intents and purposes, as if - rl"'' xe \1'd P`'* ged by the regularly elected officers of the Company at its office in Ba eu ±� •�• j- `T. s power of attorney revokes that issued on behalf of Owen M. %� ei .17., .n .y • �` �'� + The said Assistant - r o O i ' i • t the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By- 1 :, • - 'I . any, and is now in force. IN WITNESS '' • OF, 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 December, A.D. 2004. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND DEPos ro Co MM. v , ee), P lid ,., By: i Eric D. Barnes Assistant Secretary William J. Mills Vice President State of Maryland 1 ss: City of Baltimore f On this 27th day of December, A.D. 2004, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, 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 fast above written. 9 9 t0A ,„:„.10 Maria D. Adamski Notary Public My Commission Expires: July 8, 2011 POA -F 012 -4160 • • � 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 Attomey 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 JUNE , 2008 ,avoige -7 At Assistant Secretary 06/09/2008 1.2:15 FAX 7149374391 EPIC Ij 0003/0029 Client � ACORD CERTIFICA E OF LIABILITY INSURANCE 0609/ s DA""' PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Edgewood Partners Insurance Center ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 14 937 -1824 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Lie $0629370 (7 14) ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. One City Blvd W, #700 Orange, CA 92868 - 2947 INSURERS AFFORDING COVERAGE NAIC # 'tram INSURERS Arch Specialty Insurance Co. All American Asphalt INSURER e: Ins. Co. of the State of PA P.O. Box 2229 INSURER C: Seabright insurance Co Corona, CA 92878.2229 INSURER D: Hartford Fire Insurance Co. - INSURER E COVERAGES THE POUCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED MOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDrriON OF ANY CONTRACT OR OTHER DOCUMENT METH H.tartl: 1 IC WHICH THIS CEnIiF1CATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AU. THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE WARS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. -- PouCY EFFECTIVE POLICY EXRRATION LTR NSR3 TYPE OF INSURANCE POLICY NUMBER DATE IMMTMYYI DATE IMMND/YYI LASTS A GENERALMAGARY GPP002265800 08/01/07 08/01/09 EACH OCCURRENCE 61,000,000 RENTED X COMMERCIAL GENERAL LIABILITY Cart Holder is PRFMISF3 Fna rya, nn,rnl 1100,000 I CLAMS MADE © OCCUR additional MED EXP (My one person) 1 insured if • PERSONAL AADV INIURY 61,000,000 _ required by GENERAL AGGREGATE 12,000,000 GEN'L AGGREGATE LAM APRJES PER written contract mowers. COMP/OP AGG s2,000,000 — I POLICY I AlJ &&T nLOC D AUTOMOBILE LIABILITY 72UENGK5491K2 08/01/07 08/01/08 OMB SINGLE UMIT 11000,000 X ANY Aura C ert Holder is ALL OWNED AUTOS additional BODILY INJURY 1 SCHEDULED AUTOS insured if • (Per person) — X HIRED AUTOS required by BODILY IN JURY f X NON-OWNED AUTOS Written contract (PereomMA) PROPEFITY accident) DAMAGE 3 GARAGE LIABILITY AUTO ONLY- EA ACCIDENT $ TI ANY ALTO OTHER THAN EA ACC 1 AUTO ONLY: AGG $ B EXGESSNMBRELLALIABIUTY 5686440 08/01/07 08/01/09 EACH OCCURRENCE 610,000.000 E OCCUR 0 GAMS MADE AGGREGATE s 10,000,000 1 DEDUCTIBLE 1 XI RETENTION 1 10,000 1 C WORKERS COMPENSATION AND 881070243 08/01/07 08/01/08 X IT artiT r EMPLOYERS Leann EL EACH ACCIDENT 11,000,000 _ � I OFFICER/MEMBER O CCCL LU UDE � M �� E.L. DISEASE - EA EMPLOYEE 0,000,000 II WA. Smote under E.L. DSEASE - POLICY L)MR 61,000,000 SPECIAL PROVISIONS beaus OTHER I 1 1 DESCRIPTION OF OPERATIONS LOCATIONS / VEHICLES! aCCW5IUNS ADDED BY ENDORSEMENT I SPECIAL PROVLSIONS RE: Slurry Seal, Project No. ST0803 *2apw/7vpw* • CERTIFICATE HOLDER CANCELLATION Tpn flay Notice TOT Nnn- Payment of Prpmblm SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Seal Beach DATE THEREOF, THE ISSUING INSURER mu- )> AA MAIL 1D DAYS WRnTEN Dept of Public Works, Engineering Division NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 211 8th Street, 2nd Floor •,,.,t, r .. ; ..,,.,..,,,, ., ..........:..:....I Seal Beach, CA 90740 Xi met muaa xxx IM LTHDR MEO REPRESENT . ACORD 25 (2001/08) 1 Of 2 1/S30972/M21032 ` �^ SCO1 a ACORD CORPORATION 1988 05/09/2008 12:15 FAX 7149374391 EPIC a 0004/0029 IMPORTANT If the certificate holder is. an ADDITIONAL INSURED, the policy(ies) rust be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the Issuing Insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25S (2001/08) 2 of 2 f1S3097211121032 06/09/2008 12:16 FAX 7149374391 EPIC a10005/0029 • THIS ENDORSEMEPOHANGES THE POLICY. PLEASE REIIT CAREFULLY. BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM COMMERCIAL GENERAL LIABILITY SELF - INSURED RETENTION COVERAGE FORM SECTION I1 - WHO IS INSURED is amended to 'include as an additional insured those persons or organizations who are required under a written contract with you to be named as an additional insured, but only with respect to liability for "bodily injury°, "property damage, or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of your subcontractors: A. In the performance of your ongoing operations or "your work", including "your work° that has been completed;. or- - - - - - - -- B. In connection with premises owned by or rented to you. As used in this endorsement, the words "you° and "your" refer to the Named Insured. All other terms and conditions of this Policy remain unchanged. The City of Seal Beach, its elected officials, officers, attorneys, agents, employees and volunteers Project: Slurry Seal, Project No. ST0803 Endorsement Number. This endorsement is effective on the inception date of this policy unless otherwise stated herein (The information below is required only when this endorsement is issued subsequent to the preparation of the policy.) Policy Number. GPP002265800 Named Insured: All American Asphalt Endorsement Effective Date: 8/1/07 00 CGL0006 00 05 07 Page 1 of 1 06109/2008 12:16 FAX 714937439 EPIC 1 0006/0029 THIS ENDORSEME•CHANGES THE POLICY. PLEASE RE/11T CAREFULLY. OTHER INSURANCE — BROAD FORM, CGL POLICY ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM COMMERCIAL GENERAL LIABILITY SELF - INSURED RETENTION COVERAGE FORM Under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, the following paragraph is added to Condition 4. Other Insurance: Where the Named Insured is required by a written contract to provide insurance that is primary and non-contributory, and the written contract so requiring is executed by the Named Insured before any "occurrences' or offense, this insurance will be primary, but only if and to the extent required by that written contract.— All other terms and conditions of this Policy remain unchanged. Endorsement Number. This endorsement is effective on the inception date of this policy unless otherwise stated herein (The information below is required only when this endorsement is issued subsequent to the preparation of the policy.) Policy Number. GPP002265800 Named Insured: All American Asphalt Endorsement Effective Date: 8/1/07 00 CGL0130 00 09 06 Page 1 of 1 06 12:16 FAX 714937439 EPIC • a0007/0029 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF SUBROGATION ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM COMMERCIAL GENERAL LIABILITY SELF - INSURED RETENTION COVERAGE FORM SCHEDULE Name of Person or Organization: The City of Seal Beach, its elected officials, officers, attorneys, agents, employees and volunteers Project Slurry Seal, Project No. ST0803 • Under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, Condition 8. Transfer Of Rights of Recovery Against Others to Us is amended by the addition of the following provision: We waive any right of recovery we may have against the person or organization shown in the SCHEDULE . above because of payments we make for injury or damage arising out of your operations or °your work° done under a written contract with that person or organization. All other terms and conditions of this Policy remain unchanged. Endorsement Number. This endorsement is effective on the inception date of this policy unless otherwise stated herein. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Policy Number. GPP002265800 Named Insured: All American Asphalt Endorsement Effective Date: 08/01/07 00 CGL0121 00 09 06 Includes Copyright Material from Insurance Services Office, Inc. Page 1 of 1 06/,09/2006 12:17 FAX 7149374391 LYIU ,sJ000O / UULO • • COMMERCIAL AUTO CA 00 01 12 93 • BUSINESS AUTO COVERAGE FORM Various provisions In this policy resbict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and 'your" refer to the Named Insured shown in the Declarations. The words "we ", "us" and "our" refer to the Company providing this insurance. Other words and phrases that appear in quotation marks have special meaning. Refer to SECTION V - DEFiNITIONS. SECTION I - COVERED AUTOS ITEM TWO of the Declarations shows the "autos" that 6 = OWNED "AUTOS" SUBJECT TO A are covered "autos" for each of your coverages. The COMPULSORY UNINSURED MOTORISTS following numerical symbols describe the "autos" that LAW. Only those "autos" you own that because may be covered "autos". The symbols entered next to of the law In the state where they are licensed a coverage on the Declarations designate the only or principally garaged are required to have and "autos° that are covered "autos ". cannot reject Uninsured Motorists Coverage. A. DESCRIPTION OF COVERED AUTO This includes those "autos" you acquire DESIGNATION SYMBOLS ownership of after the policy begins provided SYMBOL DESCRIPTION they are subject to the same state uninsured motorists requirement. 1 "AUTO". ANY 7 = SPECIFICALLY DESCRIBED "AUTOS ". Only 2 = OWNED "AUTOS" ONLY. Only those "autos" those "auto? described In ITEM THREE of the you own (and for Liability Coverage any Declarations for which w premium charge is "trailers" you don't own while attached to power shown (and for Liability Coverage any "trailers° units you own). This includes those "autos" you you don't own while attached to any power unit acquire ownership of after the policy begins. described in ITEM THREE). 3 = OWNED PRIVATE PASSENGER "AUTOS" 8 = HIRED "AUTOS* ONLY. Only those "autos" ONLY. Only the private passenger "autos" you you lease, hire, rent or borrow. This does not own. This includes those private passenger include any 'auto" you lease, hire,- rent, or "autos" you acquire ownership of after the borrow from any of your employees or partners policy begins. or members of their households. 4 = OWNED "AUTOS" OTHER THAN PRIVATE 9 = NONOWNED "AUTOS" ONLY. Only those PASSENGER "AUTOS" ONLY. Only those "autos" you do not own, lease, hire, rent or "autos" you own that are not of the private borrow that are used in connection with your passenger type (and for Liability Coverage any business. This Includes "autos° owned by your "trailers" that you don't own while attached to employees or partners or members of their power units you own). This includes those households but only while used in your business "autos" not of the private passenger type you or your personal affairs. acquire ownership of after the policy begins. B. OWNED AUTOS YOU - ACQUIRE AFTER THE 5 = OWNED "AUTOS" SUBJECT TO NO- FAULT. POLICY BEGINS Only those "autos" you own that are required to 1. If symbols 1, 2,3,4,5 or 6 are entered next to Have No-FauIt benefits in the state where they a coverage in ITEM TWO of the Declarations, are licensed those a os " principally acquire uir ow n. This then you have coverage for "autos" that you includes those " you p ovi ownership are acquire of the type described for the remainder after the policy begins provided they are of the policy period. required to have No-Fault benefits in the slate ' where they are licensed or principally garaged. CA 00 01 12 93 Copyright, Insurance Services Office, Inc., 1993 • Page 1 of 11 Oa/09/2008 12:17 FAX 7149374391 EPIC Louuua /uuza • • 2. But, If symbol 7 Is entered next to a coverage In 1. "Trailers" with a load capacity of 2,000 pounds ITEM TWO of the Declarations, an "auto" you or less designed primarily for travel on public acquire will be a covered "auto" for that roads. coverage only if: 2.. "Mobile equipment" while being carried or a: We already cover all "autos" that you own towed by a covered "auto ". for that coverage or it replaces an "auto" 3. Any "auto" you do not own while used with the you previously owned that had that permission of its owner as a temporary coverage; and substitute for a covered "auto" you own that is b. You tell us within 30 days after you acquire out of service because of its: It that you want us to cover ft for that a. Breakdown; coverage. b. Repair, C. CERTAIN TRAILERS, MOBILE EQUIPMENT AND TEMPORARY SUBSTITUTE AUTOS- -- - -- - -- - -- - - c._ Seri/Icing; _ - -- -. -- -- - If Liability Coverage is provided by this - Coverage d. "Loss"; or Form, the following types of vehicles are also e. Destruction covered °autos" for Liability Coverage: SECTION II - LIABILITY COVERAGE A. COVERAGE 1. WHO IS AN INSURED • We will pay all sums an "insured" legally must pay The following are "insureds". as damages because of "bodily injury" or "property a. You for any covered "auto ". damage" to which this insurance applies, caused by an "accident" and resulting from the ownership, b. Anyone else while using with your maintenance or use of a covered "auto ". permission a covered "auto" you own, hire We will also pay all sums an "insured" legally must or borrow except pay as a "covered pollution cost or expense" to (1) The owner or anyone else from whom which this Insurance applies, caused by an you hire or borrow a covered "auto ". "accident" and resulting from the ownership, This exception does not apply 11 the maintenance or use of covered "autos ". However covered "auto" is a "trailer" connected . we will only pay for the "covered pollution cost or to a covered "auto° you own. expense" If there is either " bodily injury" or (2) Your employee if the covered "auto" is "property damage" to which this insurance applies owned by that employee or a member that is caused by the same "accident". . of his or her household. We have the right and duty to defend any Insured" (3) Someone using a covered "auto" while against a "suit" asking for such damages or a he or she is working in a business of "covered pollution cost or expense ". However, we selling, servicing, repairing, parking or have no duty to defend any "Insured" against a storing "autos" sunless that business Is "suit" seeking damages for "bodily injury" or yours. "property damage" to which this insurance does not (4) Anyone other than your employees, apply. We may Investigate and settle any claim or "suit" as we consider appropria e. Cur duty to partners, a lessee or moving or any of defend or settle ends when the Liabiltty Coverage their employees, while a m moving property to or from a covered auto Limit of Insurance has been exhausted by payment . of judgments or settlements. Page 2 of 11 Copyright, insurance Services Office, Inc., 1993 CA 00 01 12 92 06/09/2008 12:18 FAX 7149374391 EPIC w uuiuiuu<" • • (5) A partner of your for a covered "auto" (2) Provide the minimum amounts and • ' owned by him or her or a member of his types of other coverages, such as no- or her household. fault, required of out-of-state vehicles c. Anyone liable for the conduct of an by the Jurisdiction where the covered "insured" described above but only to the "ate" being used. extent of that liability. We will not pay anyone more than once for 2. COVERAGE EXTENSIONS the same elements of loss because of these extensions. a. Supplementary Payments. In addition to B EXCLUSIONS the Limit of Insurance, we will pay for the "insured ": This insurance does not apply to any of the (1) All expenses we incur. following: 1. EXPECTED OR INTENDED INJURY __ ____ __ _.____ ___ (2) _lip __to__$250_for cost _ of_ . bail _ bonds (including bonds for related traffic law "Bodily injury" of "property damage "' expected _ -- -- violations) required because of an or Intended from the standpoint of the "Insured ". "accident" We cover. We do not have * 2. CONTRACTUAL to furnish these bonds. �s�r Liability assumed under any contract or (3) The cost of bonds to release agreement attachments in any °suit" we defend, But this exclusion does not apply to liability for but only for bond amounts within our damages: Limit of Insurance. a. Assumed in a contract or agreement that Is (4) All reasonable expenses incurred by the an insured contract" provided the "bodily 'Insured" at our request; including injury or "prnper#y 'damage occurs actual toss of eaming up to $100 a day subsequent to the execution of the contract because of time off from work. or agreement; or (5) All casts taxed against the "insured" in b. That the "insured" would have in the any "suit' we defend. absence of the contract or agreement. (6) All interest on the full amount of any 3. WORKERS' COMPENSATION judgment that accrues after entry of the judgment in any "suit" we defend, but Any obligation for which the 'Insured" or the our duty to pay interest ends when we "insured's insurer may be held liable under any have paid, offered to pay or deposited workers' compensation, disability benefits or in court the part of the judgment that is unemployment compensation law or any similar within our Limit of Insurance. law. b. Out -of -State Coverage Extensions. 4. EMPLOYEE INDEMNIFICATION AND While a covered "auto" is away from the EMPLOYER'S LIABILITY state where it is licensed we will: "Bodily injury" to (1) increase the Limtt of Insurance for a. An employee of the "Insured" arising out of Liability Coverage to meet the limits and In the course of employment by the specified by a compulsory or financial "Insured "; or responsibility law of the jurisdiction b. The spouse, child, parent, brother or sister where the covered "auto" is being used. of that employee as a consequence of This extension does not apply to the paragraph a. above. limit or limits specified by any law governing motor carriers of passengers or property. I CA 00 01 12 93 Copyright, Insurance Services Office, Inc., 1993 Page 3 of 11 . Op/09/2008 12:18 FAX 7149374391 EPIC 14J0011/0029 e • • POLICY NUMBER: 72 UEN GIC8491 K2 ENDT #02 EFF: 08/01/01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the fallowing: WAIVER OF SUBROGATION • TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - SECTION IV - BUSINESS AUTO CONDITIONS IS AMENDED BY ADDING THE FOLLOWING: WE WAIVE ANY RIGHT OF RECOVERY WE MAY HAVE AGAINST ANY . PERSON OR ORGANIZATION WITH WHOM YOU HAVE A WRITTEN CONTRACT THAT REQUIRES SUCH WAIVER BECAUSE OF PAYMENTS WE MAKE FOR DAMAGES UNDER THIS COVERAGE FORM. OTHER TERMS: ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN THE SAME. • Farm 114 19 n4 fit ;IF Deinierl in lice