HomeMy WebLinkAboutAGMT - All American Asphalt (Marina Trail) #49991RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO
CITY OF SEAL BEACH
Attn: City Clerk
2118 th Street
Seal Beach, CA 90740
Recorded in Official Records, Orange County
Tom Daly, Clerk- Recorder
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIillllllllll NO FEE
200500008729111:41am 02103/05
116 33 N12 2
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Space of above this line for Recorder's use.
* ** No Recordin' 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: Ciro of Seal Beach 211 8` 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 describe as completed on January 24, 2005 The
work was: Marina Drive Improvements from First St. to 6` St. Regional Trail Segment 1.
6. The name of the contractor, if any, for such of improvement was: All American Ashpalt Inc.. The date
of the Contract was: May 24. 2004.
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: Marina Drive Improvements from First St. to
6` St. Regional Trail Segment 1.
Date:'' /
Signature of ovine or corporate officer of owner
named in paragraph 2 or his agent.
DEPUTY CITY ENGINEER.
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 I J , 20 , at Seal Beach, California.
(Date of Signature) n�(
Director o Public Works
Exhibit A
W . • 1
RESOLUTION NUMBER
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL
BEACH DECLARING WORK TO BE COMPLETED AS TO PLANS AND
SPECIFICATIONS FOR PROJECT #49991 MARINA DRIVE
IMPROVEMENTS FROM FIRST ST. TO 6 ST. REGIONAL TRAIL
SEGMENT 1 ENTERED INTO BETWEEN CITY OF SEAL BEACH AND
ALL AMERICAN ASPHALT INC.
WHEREAS, on May 24, 2004, City of Seal Beach entered into a contract with All American
Asphalt Inc.
WHEREAS, the City Engineer has determined that the work has been substantially
completed in accordance with the contract documents.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES
HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. That the work required to be performed by said Contractor has been
completed.
Section 2. That the total cost of said work is in the amount of $512,335.82.
Section 3. That the work is hereby accepted and approved.
Section 4. It is further ordered that a "Notice of Completion ", Exhibit A, be filed on
behalf of the City in the Office of the Orange County Recorder within 10 days
of the date of this resolution.
PASSED, APPROVED AND AD9PTED b the City Council of the City of Seal Beach at a
Ok
meeting thereof held on the a L day of , 2005 by the following vote:
AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
Mayor
ATTEST:
Cit Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF SEAL BEACH )
I, Linda Devine, City Clerk of the City of Seal Beach, California, do hereby certify that the
foregoing resolution is an original copy of Resolution Number 5;Z9 on file in the
Office of the City Clerk, passed, approved and adopted by tol City Council of the City of
Seal Beach at a meeting thereof held on the r day of , 2005.
xy V
it Clerk
• •
CONTRACTOR TO PRINT COMPANY
NAME BOOK 11 - OF 111
CONTRACT DOCUMENTS
DOCUMENTS TO SUBMIT UPON AWARD:
PUBLIC WORKS CONTRACT ACKNOWLEDGEMENT OF LICENSE LAW
PERFORMANCE BOND WORKMEN'S COMPENSATION
PAYMENT BOND CERTIFICATE
INDEMNIFICATION AND HOLD INSURANCE REQUIREMENTS
HARMLESS - Insert other requirements if applicable
LABOR LAW REQUIREMENTS
FOR: Marina Drive Improvements
From First Street to 6 Street
Regional Trail Segment 1
CITY PROJECT NUMBER: t - ti
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49991 r u
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9 � p M :
2 4 \I.{.yCg '
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These Contract Documents are the exclusive property of the Agency and shall not be used in any manner without prior consent of the
Agency. Any reuse ofthese plans and specifications by Others shall be at Other's sole risk and without liabil to the Agency
CITY OF SEAL BEACH - 211 EIGHTH STREET -SEAL BEACH, CA 90740 -6379.
1
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BOOK II OF III 1
CONTRACT DOCUMENTS 1
DOCUMENTS TO SUBMIT UPON AWARD: 1
PUBLIC WORKS CONTRACT 3
PERFORMANCE BOND 5
INDEMNIFICATION AND HOLD HARMLESS AGREEMENTAND
WAIVER OF SUBROGATION AND CONTRIBUTION 9
AGREEMENT TO COMPLY WITHCALIFORNIA. LABOR LAW
REQUIREMENTS • 10
STATEMENT ACKNOWLEDGING PENAL AND CIVIL PENALTIES
CONCERNING THE CONTRACTORS' LICENSING LAWS 11
INSURANCE REQUIREMENTS 13
WORKER'S COMPENSATION CERTIFICATE OF INSURANCE 15
ADDITIONAL INSURED ENDORSEMENT COMPREHENSIVE
GENERAL LIABILITY 16
ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY
18
ADDITIONAL INSURED ENDORSEMENT EXCESS LIABILITY 20
2
PUBLIC WORKS CONTRACT
Marina Drive Improvements — Regional Trail Segment 1 Project No. 49991
For the following project named Marina Drive Improvements — First Street to
in the City ofSealBeach. 6th Street — Regional Trail Segment 1-- Project 4999:
THIS AGREEMENT, made and entered into this 24th day of May 2004, by and •
between the City of Seal Beach, California, hereinafter referred to as the "CITY," Party of the First Part,
and
ALL AMERICAN ASPHALT
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 [hereto 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. The statement of prevailing wages appearing in the General Prevailing Wage Rates is
hereby specifically referred to and by this reference is made a part of this contract. It is further expressly
agreed by and between the parties hereto that should there be any conflict between the terms of this .•
instrument and the bid of proposal of said CONTRACTOR, then this instrument shall control and nothing
herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith.
ARTICLE VI. 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.
3
IN WITNESS WHEREOF: The Parties hereto have caused this contract to be executed the day and year
first above written.
CITY OF SE: • , CALIFORNIA
Party of the '
• BY
City Manager
ATTEST: /
i
rty i er
BY'./
CONTRACTOR - Party of the Second Part
ROBERT BRADLEY
VTCF. PRP.SIDPW,
Title
P.O. BOX 2229, CORONA, CA 92878 - 2229
Address
4
CALIFORNIA ALL - PURPOSE AC , OWLEDGMENT
State of California
County of Riverside 1 ss.
On June 21. 2004 before me, Tennille Morris, Notary Public,
Date Name and Title of Officer
Personally appeared Robert Bradley
Name(s) of Signer(s)
X personally known to me
_proved to me on the basis of
satisfactory evidence
to be the persoq(erwhose namefsf
is/ere subscribed to the within instrument
7ENNILLE MORRIS and acknowledged to me that he/ste/t ey
s 4 �' Commission # 1374628 Z executed the same in hisAteritheleauthorized
Z capacity(iee), and that by his/her/their
��, Notary Public — California . signature�s�'on the instrument the persogFs'j
"e r;r Riverside County or, the entity upon behalf of which the persons(
t ` My Comm. ExplfesSeP 13,2006*
acted, executed the instrument.
WITNESS SS� _haannddsand official seal,
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Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent removal and reattachment of this form to another document
Description of Attached Document
Title or Type of Document: Public Works Contract
Document Date: Number of Pages: 13
Signer(s) Other Than Named Above:
Signer's Name:
Individual
)(Corporate Officer Title$ Vice President
_Partner- Limited _General
_Attorney -in -Fact Top of thumb here
_Trustee
_Guardian or Conservator
Other:
Signer is Representing: All American Asphalt
EXECUTED IN FOUR (4)•RTS
•
Bond No. 087 27 511 $1,593.00
Bond Premium
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Seal peach, has awarded
ALL AMERICAN ASP
400 t;: S 'r s1xH
CORONA ,CA. 92879 - -•�—.
(Name end address of Contractor)
MARINA D � ME RST�STREET TO 6TH STREET
REGIONAL TRAI S NT , • RO • . • • • - ----
WR1.REAS, Principal k required under the terms of the Contract to fumish 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
(Nattre and address of Surety)
•
( "Surety") a duly admitted surety insurer under tho laws of the State of California, as Surety, are held and
firmly bound unto the Public Agency in the penal sum of
THREE HUNDRED NINETY EIGHT THOUSANlr,151MTUN5 ED F�1 50 /100ths
Dollars (5 398,174.50 ), 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 mode, we bind ourselves, out heirs, executors, administrators, successors. and assigns, jointly
and severally, firmly by these presents.
TIIE CONDITION OF THIS OBLIGATION IS SUCH THAT if the he bounded principal, his, Der
or its heirs, executors. adnsinistrators, ems or assigns. •sbaU 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, or+ 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 end mteanin y harmless the Public Agency, its of iocra agents, and shall indemnify and hold h l gents, and
others as therein provided, then this obligation shall become null and void; otherwise, it shall be and remain
in foll force and efthe t
In case suit is brought upon this bond, Surety further agrees to pay all court costs and reasonabk attomo's'
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 apecificatons for the saute, 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 if 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 ina1 unetlt, each
of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and
•
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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 16, 2004
"Principal" "surety"
ALL AMERICAN ASPHALT �
FIDELITY ,4 0MPANY OF MARYLAND
Br By: ���
RO RT BRADLEY _ _
VI,PRESIDEN
$Y: :�- i- n-��— B OWEN M. BROWN
Its Its
THOMAS TOSCAS
SECRETARY /TREASURER
(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.
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CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
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Description of Attached Document '
Title or Type of Document: , PRRPORMANCF. RoN) NO . 087 27 511 s
i s
Document Date: 6 -16 -04 Number of Pages: TWO (2) -
` Si ner s Other Than Named Above: AIL AMERICAN ASPHALT '
t. i
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❑ Individual . of stGNER y
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• CALIFORNIA ALL - PURPOSE AC . OWLEDGMENT
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Description of Attached Document 1
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y Title or Type of Document: Performance Bond 1
$ 1
$ Document Date: June 16. 2004 Number of Pages: 2 0
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$ Signe Other Than Named Above: Fidelity and Deposit Company of Maryland 1
y Signer's Name: �,
y _Individual 0
y XCorporate Officer Title(s): Vice President. Secretarv/Treasurer •
$ Partner- _Limited _General 11
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EXECUTED IN FOUR (4) PARTS
Bond No . 087 2 7 50 •
• p rem i um charge included in
charge for Bond.
PAYMENT BOND
(LABOR AND MATERIALS)
xivow ALL PERSONS BY THESE PRESENTS that:
WREREAS the City of Seal Beach, has awarded to '
ALL AMERICAN ASPHALT`
40U SIX
cOR0 92879
(Name and address of Camractor)
("PrincipaY), a contract the "Contract"
MARINE ( for the work described as follows:
MARINA DRIVE IMPROVEMENTS FROM
!■:L TAIL SEGMENT 1
WHEREAS, Principal is required under the terms of the Contract and the California Civil Code to secure
the payment of claims of laborers, mechanics, materialme , and other persons as provided by law.
NOW, THEREFORE, we, the undersigned Principal, and
DEL TY AND DEPOSIT COMPANY OF MARYLAND
�:. jsua T__. ND B VD
•
(Nstrre and address of Stnety)
( "Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and
Snnly bound unto the Public Agency in the penal sum of
ONE. HUNDRED NINETY NINE THOUSAND, EIGHTY SEVEN AND 25/100ths
Dollars (S 199.087.
(5094) of the total contract tats amount being not less than fifty percent sum t e to and nt , in la w f ul money of the United States of America, for the payrne t of
and assigns, uw eltttly and severally, we bind ourselves, our heirs, executors, administrators, summit; Sly, thinly by these presents.
THE CONDITION OF TSIIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her
or its beirs, executors, administrators, successors or assigns, or subcontractors shall fail to
peraons named in Section 3181 of the California Civil Code, or any amounts due under Pe any of the
the
I»suranee Code with respect to work or labor Unemployment
performed ursder the Contract, or for any atrnourtet required to
be deducted, withheld, and paid over to the Fateploymextt Development
employees of the Principal and subcontractort pursuant to Section 0 off he Un m wages of
Code, with respect to ob will s for due work or labor performed under the Contract, the $ �+ployttte $ Ittsurstace
amount not exceeding the penal sum specified in this bond; otherwise this otherwise, em sun
void. gatiort shall become null and
This bond shall insure to the benefit of any of the
Code so a, to give a right of action to such persons named in Section 3181 of the California Civil
CM suit is brow persons or their assigns in any suit brought upon the bond. In
8ht up on this bond, Surety further agrees to pay all court costs and seasonable at5orneye
fees in an amount fixed by the art.
-
FARTHER, the qty, for value received, hereby stipulates and
alteration, addition or modification to the tames of. the agrees that no change, extension of time,
or the specifications for the same Contract, or of the work to be performed thereunder.
waive specie of any such change, , shall in any way affect its obligations under this bond, and It does hereby
extension of time, alteration, addition, or motion to the terms of the
7
•
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Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions o f
Confining Civil Code §§ 2843 and 2849.
•
IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for e11
purposes he 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
underrdgrred representative(s) pursuant to authority of its governing body.
•
Dated: JUNE 16, 2004
" Principal" „Sur„
ALL AMERICAN ASPHALT FIDELITY AND DE_•OSIT COMP, OF MARYLAND
8y: �/G� By; 44000,
�'� _ .E PIKE$ ��H�
B .� , TO • NEY N —FACT
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lb �Y nwRN M., BROWN
THOMAS TOSCAS, SECRETARY /TREASURER $
(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. •
•
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CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
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State of Califomia s
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On 6 -16 -04 BARBARA J. BENDER s
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e \1 ?J Orange County the same in hisnandbeloc authorized
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Description of Attached Document '
s
Tide or Type of Document: PAYMENT BOND NO . 0 87 2 7 511
Document Date: 6 -16 -04 Number of Pages: TWO (2) s
e S
Signer(s) Other Than Named Above: `T AMERICAN ASPHALT
s
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e Capacity(les) Claimed by Signer
i Signer's Name: MEN M. BROWN hI VH7 THUr,1LPHIJT
❑ Individual -0F.SIGNER;
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01909 N140221 Noisy Assodafon • 9360 D. Soto Ave., P.O. Box 2401 • Claw lh, CA 91313.2402 • Nw r.nall0Mk otary ap Prod. No. 6907 H.oed.r. Cal Td-Polo 1. 9004794927
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SZURICH
THIS IMPORTANT DISCLOSURE NOTICE IS PART OF YOUR BOND
Fidelity and Deposit Company of Maryland, Colonial American Casualty and Surety Company, Zurich American
Insurance Company, and American Guarantee and Liability Insurance Company are making the following
informational disclosures in compliance with The Terrorism Risk Insurance Act of 2002. No action is required on your
Part-
Disclosure of Terrorism Premium
The premium charge for risk of loss resulting from acts of terrorism (as defined in the Act) under this bond is
$_waived This amount is reflected in the total premium for this bond.
Disclosure of Availability of Coverage for Terrorism Losses
As required by the Terrorism Risk Insurance Act of 2002, we have made available to you coverage for losses resulting
from acts of terrorism (as defined in the Act) with terms, amounts, and limitations that do not differ materially as those
for losses arising from events other than acts of terrorism.
Disclosure of Federal Share of Insurance Comnany's Terrorism Losses
The Terrorism Risk Insurance Act of 2002 establishes a mechanism by which the United States government will share
in insurance company losses resulting from acts of terrorism (as defined in the Act) after a insurance company has paid
losses in excess of an annual aggregate deductible. For 2002, the insurance company deductible is 1% of direct earned
premium in the prior year; for 2003, 7% of direct earned premium in the prior year; for 2004, 10% of direct earned
premium in the prior year; and for 2005, 15% of direct earned premium in the prior year. The federal share of an
insurance company's losses above its deductible is 90 %. In the event the United States government participates in
losses, the United States government may direct insurance companies to collect a terrorism surcharge from
policyholders. The Act does not currently provide for insurance industry or United States government participation in
terrorism losses that exceed $100 billion in any one calendar year.
Definition of Act of Terrorism
The Terrorism Risk Insurance Act defines "act of terrorism" as any act that is certified by the Secretary of the Treasury,
in concurrence with the Secretary of State and the Attorney General of the United States:
1. to be an act of terrorism;
2. to be a violent act or an act that is dangerous to human life, property or infrastructure;
3. to have resulted in damage within the United States, or outside of the United States in the case of an air carrier
(as defined in section 40102 of title 49, United 17 States Code) or a United States flag vessel (or a vessel based
principally in the United States, on which United States income tax is paid and whose insurance coverage is
subject to regulation in the United States), or the premises of a United States mission; and
4. to have been committed by an individual or individuals acting on behalf of any foreign person or foreign
interest as part of an effort to coerce the civilian population of the United States or to influence the policy or
affect the conduct of the United States Government by coercion.
But, no act shall be certified by the Secretary as an act of terrorism if the act is committed as part of the course of a war
declared by Congress (except for workers' compensation) or property and casualty insurance losses resulting from the
act, in the aggregate, do not exceed $5,000,000.
These disclosures are informational only and do not modify your bond or affect your rights under the bond.
Copyright Zurich American Insurance Company 2003
• •
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 M. P. HAMMOND, Vice President, and L. L. GOUCHER, Assistant Secretary, in
pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, w P . if- set forth on the reverse
side hereof and are hereby certified to be in full force and effect on the date hereof d t . s 4 , nate, constitute and
appoint Owen M. BROWN, of Anaheim, California, its true and la i l it ''"# y -' , tt , to make, execute, seal
and deliver, for, and on its behalf as surety, and as its act and' ~ i o a : ngs and the execution
of such bonds or undertakings in pursuance of these ;: .1��as :, i y , - ompany, as fully and amply, to
all intents and purposes, as if they had be tl . r.. -ana.a . , • e regularly elected officers of the
Company at its office in Ba1tim t t n s ' tt power of attorney revokes that issued on behalf of
Owen M. BROWN . . :r. i21 ���+
The said Assistant . - . . oeS t the extract set forth on the reverse side hereof is a true copy of Article VI,
Section 2, of the By- 4 �; �° y . • • any, and is now in force.
IN WITNESS W ' I I EOF, 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 1lth day of February,
A.D. 2003.
ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND
'gy DEPp
+ POj o
W � wy S
OP
OPAVIX4AAA.LIA..j
'QUM Ofd pe:/-(1A-CA
By:
L. L. Goucher Assistant Secretary M. P. Hammond Vice President
State of Maryland 1 ss:
City of Baltimore f
On this 11 th day of February, A.D. 2003, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came M. P. HAMMOND, Vice President, and L. L. GOUCHER, 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
* axku, LTA, I-4w,--
Sandra Lynn Mooney Notary Public
My Commission Expires: January 1, 2004
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 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 16th day of June 2004
•
/C9 -- r. 11,-i...A
Assistant Secretary
' CALIFORNIA ALL - PURPOSE AC • WLEDGMENT
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1.
State of California
County of Riverside 1 ss.
On June 21, 2004 before me, Tennille Morris, Notary Public,
Date Name and Title of Officer
Personally appeared Robert Bradley, Thomas Toscas
Name(s) of Signer(s)
X personally known to me
_proved to me on the basis of
satisfactory evidence
r ahmah=1116416.""464, to be the person(s) whose name(s)
U ., TENNILLE MORRIS is /are subscribed to the within instrument
�_ Commission # 1374628
and acknowledged to me that he/she/they
' N o t ar Pu executed the same in hip/lief/their authorized
y blic Colifornip capacity(ies), and that by k�her/their
f . Riverside C County signature(s) on the instrument the person(s)
'' MY Comm NoiresSeP la 2006 or, the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal,
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent removal and reattachment of this form to another document
Description of Attached Document
Title or Type of Document: Payment Bond
Document Date: June 16. 2004 Number of Pages: 2
Signer( Other Than Named Above: Fidelity and Deposit Company of Maryland
Signer's Name:
Individual
XCorporate Officer Title(s): Vice President, Secretarv/Treasurer
_Partner- Limited _General
_Attorney -in -Fact Top of thumb here
_Trustee
_Guardian or Conservator
Other:
Signer is Representing: All American Asphalt
410 111
INDEMNIFICATION AND HOLD HARMLESS AGREEMENTAND WAIVER OF
SUBROGATION AND CONTRIBUTION
TITLE OF PROJECT OR WORK: MARINA DRIVE IMPROVEMENTS FROM FIRST ST
Indemnitor(s) (list all names): TO 6TH ST . , REGIONAL SEGMENT 1
To the fullest extent permitted by law, Indemnitor hereby agrees, at its sole cost and expense, to defend,
protect, indemnify, and hold harmless the City of Seal Beach and its elected officials, officers, attorneys,
agents, employees, volunteers, successors, and assigns (collectively "Indemnitees ") from and against any
and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses,
judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys,
or other professionals and all costs associated therewith (collectively "Liabilities "), arising or claimed to
arise, directly or indirectly, out of, in connection with, resulting from, or related to any act, failure to act,
error, or omission of Indemnitor or any of its officers, agents, servants, employees, subcontractors,
materialmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly
or indirectly, out of, in connection with, resulting from, or related to the above - referenced contract,
agreement, license, or permit (the "Agreement ") or the performance or failure to perform any term,
provision, covenant, or condition of the Agreement, including this indemnity provision. This indemnity
provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by
Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity
provision shall survive the termination of the Agreement and is in addition to any other rights or remedies
which Indemnitees""May have under the law. "Payment is not required" as a condition precedent - to ari " " " "
Indemnitee's right to recover under this indemnity provision, and an entry of judgment against an
Indemnitee shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision.
lndemmtor shall pay Indemnitees for any attorneys fees and costs incurred in enforcing this
indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to
encompass (a) Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying
Agreement is subject to Civil Code § or (b) the contracting public agency's active negligence to the
limited extent that the underlying Agreement is subject to Civil Code § 2782(b). This indemnity is
effective without reference to the existence or applicability of any insurance coverage which may have
been required under the Agreement or any additional insured endorsements which may extend to
Indemnitees. Indemnitor, on behalf of itself and all parties claiming under or through it, hereby waives all
rights of subrogation and contribution 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 regardless of any prior, concurrent, or subsequent active or passive negligence by
the Indemnitees. In the event there is more than one person or entity named in the Agreement as an
Indemnitor, then all obligations, liabilities, covenants and conditions under this instrument shall be joint
and several.
" Indemnitor"
Name ROBERT BRADLEY Nam THOMAS TOSCAS
By: By: / Its VICE PRES DENT Its SECRETARY MEASURER
9
•
AGREEMENT TO COMPLY WITHCALIFORNIA 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 m 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."
Date06 /21 /2004
Signature ' -
g l L%
ROBERT BRADLEY VIC' •RESIDENT
10
• •
STATEMENT ACKNOWLEDGING PENAL AND CIVIL PENALTIES CONCERNING THE
CONTRACTORS' LICENSING LAWS
[Busmess & 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 Cahfornia 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 m the capacity of a contractor within this state without having a license therefor,
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.
(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
11
. 4 I P
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 matenal 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 fmancial 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.: 26073 Class: A, C12 Expiration date: 01/31/06
Date 06/21/2004 Signature
R BERT BRADLEY, VICE paibENT
- 12
0
IP • .
.
INSURANCE REQUIREMENTS
FOR CITY OF SEAL BEACH
PUBLIC WORKS CONTRACT
LIABILITY INSURANCE
The Contractor shall at all times during the terms of the Contract carry, maintain, and keep in full force and
effect a policy or policies of comprehensive general liability insurance in which the City, along with its
City Council and each member thereof, and every officer, official, agent, attorney, employee or volunteer
of the City, is the named insured or is named as an additional insured with the Contractor in accordance
with the General Provisions. The insurance company issuing such pohcy(ies) must be acceptable to, and
approved by, the City Engineer and City Attorney. Contractor shall maintain limits of no less than One
Million Dollars ($1,000,000) combined single limit coverage per occurrence for personal injury or death or
property loss or damage which may arise from or relate directly or indirectly to the acts, operations or
omissions of the performance of the Contractor and/or its subcontractors and/or the employees, agents,
officers, officials or volunteers of either, in the performance of this Public Works Contract. Such insurance
shall include coverage for all automobiles utilized by Contractor's or any subcontractor's employees or
agents in the performance of the Contract. Contractor shall also provide an endorsement in the forms
included in Book II.
13