HomeMy WebLinkAboutAGMT - All American Asphalt (Annual Paving 04/05, #50173) •
PUBLIC WORKS CONTRACT
Annual Paving Rehabilitation, FY 2004/2005
For the following project named Annual Paving Rehabilitation
,in the City of Seal Beach.
THIS AGREEMENT, made and entered into this day of 20 , 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
WITNESSETII: 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 11. 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.
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IN WITNESS WHEREOF: The Parties hereto have caused this contract to be executed the day and year
first above written.
CITY O�� BEACH IFORNIA
Party. tP•
BY J
City Man• ;er
All ST:
411 /4,A Ai A'
ity clerk
B �� l
0 • • CTOR - • arty of the Second Part
Robert Bradley /Vice President
Title
P.O. Box 2229, Corona, CA 92878
Address
4
CALIFORNIA ALL - PURPOSE AC OWLEDGMENT
State of California
County of Riverside ss
On April 21, 2005 before me Debbie A Matsen, Notary Public,
Date Name and Title of Officer
Personally appeared Robert Bradley
Name(s) of Signer(s)
X personally known to me
to be the person) whose name(4
is /tee subscribed to the within instrument
DEBBIE A MATSEN y and acknowledged to me that he /fey
Commission # 1452589 a executed the same in his / .Lthe+Fauthor¢ed
R Ark No tary Public California capacity(+es and that by his /-he itl e,- 1 441 signatures%) on the instrument the person(%)
"' ± � Riverside County
4 or the entity upon behalf of which the personA
M y Comm Expires Nov 22 2007 ' acted executed the instrument
WITNESS my hand and official seal
•a Q
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 Contract, City of Seal Beach
Document Date None Number of Pages 2
Signer(s) Other Than Named Above None
Signer s Name Robert Bradley
_Individual
XCorporate Officer Title0 Vice President
_Partner- _Limited _General
_Attorney -in -Fact Top of thumb here
_Trustee
_Guardian or Conservator
Other
Signer is Representing All American Asphalt
INDEMNIFICATION AND HOLD HARMLESS AGREEMENTAND WAIVER OF
SUBROGATION AND CONTRIBUTION
TITLE OF PROJECT OR WORK Annua 1 Pavi n Rehahi 1 1 tat 1 nn
Indemnitor(s) (list all names)
To the fullest extent permitted by law, Indemnitor hereby agrees, at its sole cost and expense, to defend,
protect, mdemmfy, and hold harmless the City of Seal Beach and its elected officials, officers, attorneys,
agents, employees, volunteers, successors, and assigns (collectively Indemmtees ') from and against any
and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses,
judgments, penalties, hens, and losses of any nature whatsoever, including fees of accountants, attomeys,
or other professionals and all costs associated therewith (collectively `Liabilities "), arising or claimed to
anse, directly or indirectly, out of, m 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,
matenalmen, suppliers or their officers, agents, servants or employees, ansmg or claimed to arise, directly
or indirectly, out of, m connection with, resultmg 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 pnor, concurrent, or subsequent active or passive negligence by
Indemmtees and shall operate to fully indemnify Indemntes agamst any such negligence This indemnity
provision shall survive the termination of the Agreement and is m addition to any other nghts or remedies
which Indemmtees may have under the law Payment is not required as a condition precedent to an
Indemnitee's right to recover under this indemnity provision, and an entry of judgment against an
Indemmtee shall be conclusive m favor of the Indemnitee's nght to recover under this indemnity provision
Indemnitor shall pay Indemmtees for any attorneys fees and costs incurred m enforcing this
mdemnification provision Notwithstanding the foregoing, nothing m 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 § 2782(a) 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
Indemmtees Indemnitor, on behalf of itself and all parties claiming under or through it, hereby waives all
nghts 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 Indemmtor regardless of any pnor, concurrent, or subsequent active or passive negligence by
the Indemntes In the event there is more than one person or entity named m the Agreement as an
Indemnitor, then all obligations, liabilities covenants and conditions under this instrument shall be joint
and several
Indemnitor'
N �c' . Name
obert Bradley /Vice President
By By
Its Its
9
411
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
m 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 m which the worker is employed for any public
work done under the contract by Contractor or by any subcontractor
4 Contractor agrees to comply with the provisions of California Labor Code Section 1776 which
require Contractor and each subcontractor to (1) keep accurate payroll records, (2) certify and make such
payroll records available for inspection as provided by Section 1776, and (3) inform the Agency of the
location of the records The Contractor is responsible for compliance with Section 1776 by itself and all of
its subcontractors
5 Contractor agrees to comply with the provisions of California Labor Code Section 1777 5
concerning the employment of apprentices on public works projects, and further agrees that Contractor is
responsible for compliance with Section 1777 5 by itself and all of its subcontractors
6 Contractor agrees to comply with the provisions of California Labor Code Section 1813
concerning penalties for workers who work excess hours The Contractor shall, as a penalty to the Agency,
forfeit twenty -five dollars ($25) for each worker employed in the execution of the contract by the
Contractor or by any subcontractor for each calendar day during which such worker is required or
permitted to work more than 8 hours m any one calendar day and 40 hours in any one calendar week m
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 agamst liability for worker's compensation or to undertake self - msurance in accordance with the
provisions of that code, and I will comply with such provisions before commencing the performance of the
work of this contract "
Date ; A ri I a Rrj Signature - -
P i s
'o.ert Bra.ley Vice Pre dent
10
i
STATEMENT ACKNOWLEDGING PENAL AND CIVIL PENALTIES CONCERNING THE
CONTRACTORS' LICENSING LAWS
[Business & Professions Code § 7028 15]
[Public Contract Code § 20103 5]
I, the undersigned, certify that I am aware of the following provisions of California law and that I, or the
entity on whose behalf this certification is given, hold a currently valid California contractor's license as set
forth below (required at time of award)
Business & Professions Code § 7028 15
(a) It is a misdemeanor for any person to submit a bid to a pubhc agency in order to engage
m the business or act in the capacity of a contractor within this state without having a license therefor,
except m 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 descnbed m 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
unpnsonment m 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 matenals
and labor on an hourly basis, `the pnce of the contract for the purposes of this subdivision means the
aggregate sum of the cost of matenals 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 venture, each person submitting the bid shall be subject to
this section with respect to his or her individual lhcensure
(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 m 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 pubhc agency
shall, before awarding a contract or issuing a purchase order, venfy 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
dunng 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
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three busmess 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 m 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 appropnate disciplmary action by the Contractors' State License Board The agency shall include a
statement to that effect in the standard form of pre - qualification questionnaire and financial statement
Failure of the bidder to obtain proper and adequate licensing for an
award of a contract shall constitute a failure to execute the contract and
shall result in the forfeiture of the security of the bidder
License no 2 6 7 0 7 3 Class A & C — 1 2 Expiration date 1/ 31 / 0 6
Date R r i 1 a a eo 5 Signature
P f Robert Bradley/Vice President
sident
12
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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 m 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 msured or is named as an additional insured with the Contractor in accordance
with the General Provisions The insurance company issuing such policy(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, m 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
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EXECUTED IN THREE (3) PARTS
Hand No 087 85 038 Bond Premium $3 00
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that
WHEREAS the City of Seal Beach has awarded _ -
ALL AMERICAN ASPHALT
PO BOX 2229 00 EastS
CORONA, CA 92878 -2229 CORONA, CA 92878
(Name and address of Contractor)
('Principal'), a contract (the "Contract ") for the work described as follows
ANNUAL PAVING REHABILITATION CITY PROJECT NO 5003
WHEREAS, Principal is required under the terms of the Contract to Amish a bond for the faithful
performance of the Contract
NOW, THEREFORE, we the undersigned Principal, and
FIDELITY AND DEPOSIT COMPANY or. 'MARYLAND
_ —
:1 NO B' • BLVD __-
GLENDALE, CA 91203
(Name and address of Surety)
(' Surety ") a duly admitted surety unsuxer under the laws of the State of California. u Surety, are held and
firmly bound unto the Public Agency in the penal sum of
.INE HUNDRED TWENTY THREE THOUSAND TWO HUNDRED THIRTY EIGHT AND NO the- -
Dollars (S 923.238.00 ), this amount being not less than the total
contract puce, in lawfi l money of the United States of America, for the payment of which sum well and
truly to be made, we bind ouraelve , our heirs, executors, administrators, successors, and assigns, jointly
and severally, irmly by these presents
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her
or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and
well and truly keep and perform all the undertakings, terms, covenants, conditions and agreements m the
Contract and any alteration thereof made as therein provided, on the Pnacipal's part to be kept and
performed, all within the time and m the manner therein specified, and in all respects according to their true
intent and meanutg, and shall indemnify and hold harmless the Pubhc Agency its officers, agents, and
others as therein provrdcd, then this obligation shall become null and void, otherwise, it shall be and remain
in MI force and effect
In case suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys'
fees in an amount fixed by the court
FURTHER, the Surety, for value received, hereby stipulates and agrees that rio change, extension of tune,
alteration, addition or modification to the terms of the Contract, or of the work to be performed thereunder,
or the Specifications for the same, shall in any way affect its obligations under this bond, and it does hereby
of
waive notice any such change, extension of tune 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 1N WITNESS WHEREOF, two (2) identical counterpart :, of this mstrument, each
of which shall for all purposes be deemed an anginal hereof, have been duly c-cccuted by Pnneipal and
5
0
Surety, on the date set forth below the name of each corporate party being hereto affixed and these
presents duly signed by its undersigned represontauve(s) pursuant to authority of itq governing body
Dated APRIL 20, 2005
"Principal" ',surety,
ALL AMERICAN ASPHALT FIDELITY � �*' MARYLAND
By x Affir
Its Robert Bradley ' : A 0' "CE • -IN -FACT
Vice President OWEN M BROWN
B y By _.
Its Its
(Seal) (Seal)
Note. This bond must be dated, all signatures must be notarized, and
evidence of the authority of any person signing as attorney-in-fact must be
attached.
6
CALIFORNIA ALL - PURPOSE AC WLEDGMENT
•
State of California
County of Riverside ss
On April 21, 2005 before me Debbie A Matsen, Notary Public,
Date Name and Title of Officer
Personally appeared Robert Bradley
Name) of Signer()
X personally known to me
f
to be the person() whose namey)
is /tee subscribed to the within instrument
" "'' �' - and acknowledged to me that he/she/they D EBBIE A MATSEN executed the same in his /#iefitherrauthorized
Commission # 1452589 capacity(+ea )-and that by his /Mer u
Z ,. � .� Notary Public California f signature%) on the instrument the personjb
s \01Z�t�l�r Riverside County or the entity upon behalf of which the person)
• M acted executed the instrument
My Comm Expires Nov 22 2 2001 .
WITNESS my hand and official seal
d
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 Performance Bond, City of Seal Beach
Document Date April 20, 2005 Number of Pages 2
Signer() Other Than Named Above Owen M Brown
Signer s Name Robert Bradley
_Individual
XCorporate Officer TWOS) Vice President
_Partner- _Limited _General
_Attorney -in -Fact Top of thumb here
_Trustee
_Guardian or Conservator
Other
Signer is Representing All American Asphalt
1 0
CALIFORNIA ALL.PEIRPOSE ACKNOWLEDGMENT
‘-
t„, .
t.,
State of California i
,,. .:91
, 4
0, s
County of ANGE I s
4
P 1 N,
r!, On 4 before me BARBARA J. BENDER 1
I
Date Name and Tale of Officer (e g. Jane Doe Notary POW)
I , .
( personally appeared OWEN M. BROWN
Name(s) of We(s) ( 4
xii0 personally known to me t'A)
f 4
1 ZaingegalarlagniteneginklettlkORKX >
X100613MX, c:
•e° F :., j p,:. tc..
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,,....... d to b
b
,
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—.., Commtatoo # 1494946
- .-.%.i.':-; to be the person(o) whose name(0) isiegs
subscnbed the within instrument and
!.';;F:., Nottnyinixtc-Cammts
' caw Cots*
. ": ,, z-; DIVCommalfitphim.k3113 , t .; - ,,'
1° acknowledged to me that heet!=&executed
the same in his authorized
capacity(ies) and that by histgdWir
1
signature) on the instrument the person(s) or
the e • upon behalf of which the person(e) '6i)
V act , d - ecuted the Instrument
lq
A S /
.e'r'. iii hand a c, /
1
1 0 )1 .111 _ile ' •O
,c
Ipi ,C1
t *, OPTIONAL
Though the information below IS not required by law it may prove valuable to persons relying doc7 ment and couki prevent
fraudulent removal and reattachment of this form to another document 1 F : 0 CS )
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If
•t'l Description of Attached Document
4 c ,
Title or Type of Document PERFORCE BQND NO , 087 85 038 4>
>
Document Date 4-20-05 Number of Pages T (2)
Signer(s) Other Than Named Above ALL AMERICAN ASPHALT ( 1
1 )
9
Capacity(les) Claimed by Signer ,
Signer's Name OWEN 14 BROWN 1-k
'4 >
0 Indmdual Top of thumb here k>1
0 Corporate Officer — Title(s) r
ki 0 Partner — 0 Limited 0 General
2013rAttomey-in-Fact 't
0 Trustee rei
,4.
0 Guardian or Conservator <1
D Other
1 Signer Is Representing FIDELITY AND DEPOSIT COMPANY
OF MARYLAND
.,,, •I
h ,N5t4.. --7 , , g.) -41, 1A -8 -_ , .;:kak, ,, c 4:14 . 4*./4 : \t'47-7-4,1-4,\--,: . ,--.>"•kr5-,--;WA-7,--....---.7,o44-4,-5'.„;-4,--c,,,„:"'-Y.3-t-
0 1999 National NOW) ASSOclatiOn 9350 De Soto Ave. PO Box 2482 Chatsworth. CA 913134402 www.nationatnotary.org Prod. No 5907 Reorder Cal Toll-Free 14100-876-6827
EXECUTED IN THREE (3) PA
Bond No 087 85 038 Premhm _ch ge i f ox Bond
vtc Luded- 4.n chp,xge ;off
PAYMENT BOND Performance Bond
(LABOR AND MATERIALS)
KNOW ALL PERSONS BY THESE PRESENTS that
WHEREAS the City of Seal Beach, has awarded to
ALL AMERICAN ASPHALT -- �.- .w. ----- --"
PO BOX 2229 _ -.---
CORONA CA 92878— 2� R
(Name and address of Contractor)
('Principal "), a contract (the "Contract ") for the work described u follows -
• 4
S11 S � 1 : ■t. : - M � ....�
WHEREAS, Principal is required under the terms of the Contract and the California Civil Code to secure
the payment of claims of laborers, me haasics, n atenalnien, and other persons as provided by law
NOW, THEREFORE, we, the undersigned Principal, and ....�
FIDELITY AND DEPQS1T COIP,A,NY QF YL D
801 NO B ` a D BL D ..,..�
GT ,,ENDALE , CA. 91203
(Name and address of Surety)
( `Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and
firmly bound unto the Public Agency in the p sum o UND�EI� N k;N
FOUR HUNDRED SIXTY ONE THOUSAND
Deism (S , 4 ' 6 1 , 6 1 9 this amount being not less than fifty percent
(50 %) of the total contract price, in lawful money of the United States of America, for the payment of
which sum well and truly to be made, we bind ourselves, our hors, executors, administrators, successors,
and assignq, Jointly and severally, firmly by these presents
TIM CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, has, her
or its heirs, executors, adminzstrators, successors or assigns, or subcontractors shall fall to pay any of the
persons named in Section 3181 of the California Civil Code, or any amounts du* under the Unemployment
Insurance Code -with respect to work or labor performed under the Contract, or for any amounts required to
be deducted, withheld, and paid over to the Employment Development Department from the wages of
employees of the Principal and subcontractors pursuant to Section 13020 of tlx Unemployment Insurance
Code, with respect to work or labor performed under the Contract, the Surety will pay for the same m an
amount not exceeding the penal stun specified m this bond, otherwise this obligation shall become null and
void
This bond shall insure to the benefit of any of the persons named in Section 3181 of the California Civil
Code so as to give a right of action to such persons or their assigns in any suet brought upon the bond. In
case suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys'
fees in an amount fixed by the court.
FURTHER, the Surety, for value received, hereby stipulates and agrees that no change, extension of time,
alteration, addition or modificauon to the terms of the Contract, or of the work to be performed thereunder,
or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby
waive notice of any such change, extension of time, alteration, addition, or modification to the terms of the
7
•
Contract or to the work or to the specifications thereunder Surety hereby waives the provisions of
California Civil Code 44 2845 and 2849
three (3)
IN WITNESS WHER.EOFxm identieal counterparts of this instrument, ecGh of which h e date all
purpose, be deemed an original hereof, have been duly executed ced and these pre a ntc signed by its
forth below, the name of each corporate party being hereto
undersigned rcpresentative(s) pure to authority of its governing body
Dated APRIL 20 , 2005 "Surety'
Principal"
ALL AMERICAN ASPHALT FIDELITY AND D j/T Q�fiNL4 RYLAND
By '` .. - ATTORNEY-IN-FACT
1 ATTORNEY
Its Robert Bradley
By I
Its Vice Pres • t
(Seal) (Seal)
Note This bond roust be dated, all signatures must be notarized, and
evidence of the authority of any person signing as attorney -in -fact must be
attached,
R
CALIFORNIA ALL - PURPOSE ACWLEDGMENT
State of California
County of Riverside 1 ss
On April 21, 2005 before me Debbie A Matsen, Notary Public,
Date Name and Title of Officer
Personally appeared Robert Bradley
Name(%) of Signer(
X personally known to me
_ f
sabsfacter y- evtdenree
to be the person(g) whose name()
is /am- subscribed to the within instrument
and acknowledged to me that he% ey
AN ``' A*. 'D' " `'`'''' ", executed the same in his /1reHtMerrauthorized
1 �;
DEBBIE A MATSEN
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- My Comm Expires Nov 22 2007
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, City of Seal Beach
Document Date April 20, 2005 Number of Pages 2
Signer(%) Other Than Named Above Owen M Brown
Signer s Name Robert Bradley
_Individual
XCorporate Officer Titlecs') Vice President
_Partner- _Limited _General
_Attorney -in -Fact Top of thumb here
_Trustee
_Guardian or Conservator
Other
Signer is Representing All American Asphalt
III 40
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
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4 - 2005 be fore me BARBARA J BENDER it
On Date Name and Title of Officer (e g Jane Doe Notary Public"
I 4 personally appeared
OWEN M. BROWN g
Name(s) of Signer(s) 6 1 x3 personally known to me ,,}j
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( signature(e) on the instrument the person(e) or A
the en' i upon behalf of which the person(e) 5
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OPTIONAL r
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
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D escriphon of Attached Document
1 Title or Type of Document PAYMENT BONT) NQ , Q8 7 85 038 ,`I
kl Document Date 4 - - Number of Pages T (2)
1 Signer(s) Other Than Named Above ALL AMERICAN ASPHALT
P
C apacity(es) Claimed by Signer o
li t' Signers Name OWEN M BROWN RIGHT TMUMSrnirrli
OF SIGNER
tki ❑ Individual Top of thumb here
% ❑ Corporate Officer — Title(s) -
c` ❑ Partner -- ❑ Limited ❑ General ` j
x(ExAttorney in -Fact p),
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Signer Is Representing FIDELITY AND DEPOSIT COMPANY a
N OF MARYLAND Kk
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0 1999 National Notary Association 9350 De Soto Ave PO Box 2402 Chatsworth CA 91313 -2402 www nalronainotary org Prod No 5907 Reorder Call Toll Free 1 800 876 -6827
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5ZURICH
THIS IMPORTANT DISCLOSURE NOTICE IS PART QF YOUR BOND
Fidelity and Deposit Company of Maryland, Colonial American Casualty and Surety Compan
Insurance Company, and American Guarantee and Liability Insurance Company areaki y' making American
informational disclosures in compliance with The Terrorism Risk Insurance Act of 2002 N action
part is required on your
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 Company'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 m the prior year, and for 2005, 15% of direct earned premium m 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 Terronsm Risk Insurance Act defines "act of terronsm" 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 m the case of an air carver
(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 Zunch 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 Mai yland by WILLIAM J MILLS Vice President and ERIC D BARNES Assistant Secretary
in pursuance of authority granted by Aiticle VI Section 2 of the By Laws of said Company vl °ate, set forth on the
reverse side hereof and are hereby certified to be in lull force and effect on the date, , if � hire di's'h by nominate constitute
and appoint Owen M BROWN, of Anaheim, Cahforma, its true and 1,4aartt `4tg i krirrA orrtt it act to make execute
seal and deliver tor and on its behalf as surety and as its act 4 \ c y - aihi1 all - c s a c t i takings, and the
execution of such bonds or undertakings in pursuanceyef s p1 Y sha -{7id a 'brnphii `up said Company as fully and
amply to all intents and purposes as if the - l 1 y-executed fleCo, ged by the regularly elected officers of
the Company at its office in Bal - \itt ther 0 fit i - O its' This power of attorney y ..� �, � � i
�� - , �� z � P Y revokes that issued on
behalf of Owen M t.� rKklate iruary - 0 tic a?
The said Assistant c ar !, doe 1il `r f tffy the extract set forth on the reverse side hereof is a true copy of Article VI
Section 2 of the By L�p �atd,Cohpany and is now in force
IN WITNESS WI I -RE F the said Vice President and Assistant Secretary have hereunto subscribed their names and
affixed the Coiporate 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
N o Di%
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By
Eric D Barnes Assistant Secretary William J Mills Vice President
State, of Maryland ss
City of Baltimore
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 first above
written
i
(lit( ikaAe/c_
Maria D Adamski Notar ) Public
My Commission Expires July 8 2007
POA F 012 4160
.1-
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 Boaid of Directors or by the Executive Committee
shall have power by and with the concurrence of the Secretary 01 any one of the Assistant Secretaries to appoint Resident
Vice Piesidents Assistant Vice Presidents and Attorneys in Fact as the business of the Company may require or to
authorize any person of peisons to execute on behalf of the Company any bonds undeitaking 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 Lull 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 ot 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 ot the following resolution ot the
Board ot 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 ot any Vice President Secretary or Assistant Secretary of the Company whether made heretofore or
hereafter wherevei appearing upon a certified copy ot any power of attorney issued by the Company shall be valid and
binding upon the Company with the same torce and effect as though manually affixed
IN TESTIMONY WHEREOF I have hereunto subsci ibed my name and affixed the corporate seal of the said Company
this 20th day of April 2005
7-, (7
Ass-Islam Sec 'eon